Orissa Court May 1972 Judgments
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Surendranath Pradhan Vs. the State
Court: Orissa
Decided on: May-29-1972
Reported in: 1973CriLJ361
ORDERK.B. Panda, J.1. The petitioner has been convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act (Act 37 of 1954). hereinafter referred to as the Act, and sentenced to undergo R.I. for 4 months and to pay a fine of Rs. 301/-, or, in default, to undergo R.I. for a further period of one month, and the same has been confirmed in first appeal.2. Facts of the case may be stated in brief; Petitioner runs a grocery shop at Mendhasal in P.S. Chandka, Dist, Puri. On 4.1.1968 the Food Inspector (P.W. 1) after giving due notice (Ex. 1) to the petitioner purchased 375 gms, of mustard oil exposed for sale, from a tin as the former suspected the same to be adulterated. The Price of the oil Rs. 1.87 was paid and acknowledged. After observing due formalities, sample of the said mustard oil was sent in a bottle to the Public Analyst who as per his report (Ex. 4) found the oil to be adulterated. Accordingly prosecution was launched against the petitioner who was convicted and se...
Shyamsunder Das Vs. State
Court: Orissa
Decided on: May-12-1972
Reported in: 1973CriLJ1053
ORDERS. Acharya, J.1. This revision is directed against the judgment and order dated 29-3-71 passed by Sri A'. K. Patra, Additional Sessions Judge, Puri in Criminal Appeal No. 2/39 of 1971/70 confirming the judgment and order passed by the Magistrate, First Class, Khandapara, convicting the petitioner under Section 409, IPC and sentencing him thereunder to undergo R. I. for six months and to pay a fine of Rs. 500/-in default to undergo R. I. for one month.2. The facts of the case need not be stated as they are not relevant in view of the specific question raised by Mr. Rath, the learned Counsel for the petitioner. Mr. Rath, at the outset, urged that neither the petitioner nor the counsel on his behalf had notice of the date and place of hearing of the appeal filed by the petitioner before the Sessions Judge, and as such the judgment passed by the appellate Court, upholding the conviction and sentence of the petitioner without giving him an opportunity to make his submissions, is bad in...
Konchada Laxminarayan Subudhi and anr. Vs. Konchada Padmanav Subudhi a ...
Court: Orissa
Decided on: May-11-1972
Reported in: AIR1973Ori3
R.N. Misra, J.1. The plaintiffs are in appeal against the decree of the learned Subordinate Judge, Berhampur dismissing their suit for possession and mesne profits. The plaintiffs laid claim on the footing that they were reversioners. The genealogy appended below shows the mutual relationship. LACHANNA SUBUDHI | --------------------------------------------------------- | | | | Bhavanna Subudhi Gangadhar Pandayya Subudhi Venkayya (died) Subudhi (died) (died 1925) Subudhi | | | Chinna Magatha Rajagopalam ------------------- Subudhi (died) (adopted) | | | (pre-deceased) Nilakautham Rajagopalam ------------------ Subudhi (adopted) | | | Brundaban Surya Narayan ---------------------------- (d-3.) (d-4.) | | plaff.1 plaff.2 | ----------------------------------- | | Wife Son Sundaramma Chinna | Adinarayanna Subudhi Padmanaya(d-1.) Satyamma(died 1943). The four brothers Bhavanna, Gangadhar, Pandayya, and Venkayya were admittedly separate. Pandayya died in 1925. His adopted son Rajgopalam had p...
Hadibandhu Mallik Vs. Chandra Sekhar Behera
Court: Orissa
Decided on: May-11-1972
Reported in: AIR1973Ori141
ORDERB.K. Patra, J. 1. The short question that arises for consideration in the suit giving rise to this revision petition is whether the Court of the Munsif Banki has territorial jurisdiction to entertain the suit. The opposite party as plaintiff instituted a suit in the Court of the Munsif. Banki for recovery of Rs. 3,200/-from the petitioner with costs and future interests thereon. His case is that on 22-3-1967, the petitioner borrowed Rs. 3,000/- from him on the basis of a usufructuary mortgage in respect of certain properties admittedly situated within the Munsiffi of Khandapara. It is recited in the mortgage bond a copy of which has been produced before me that the plaintiff was to remain in possession of the mortgaged properties and enjoy the usufruct of the land towards interest on the sum advanced. Then follows the recital which may be translated thus:'Whenever I would pay to you the principal amount you would deliver back possession of the (mortgaged) lands to me. If anybody d...
State of Orissa Vs. Sri Gurumurty Patra
Court: Orissa
Decided on: May-08-1972
Reported in: [1973]31STC160(Orissa)
K.B. Panda, J.1. On applications made by the State of Orissa under Section 24(2)(b) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the Act), this court called for a statement of facts from the Additional Member, Sales Tax Tribunal (hereinafter referred to as the Tribunal) on the following question of law:Whether on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal was right in annulling the assessments for the quarters ending 30th June, 1960, to 30th September, 1963? 2. Facts, in short, leading to these references are as follows: The assessee-opponent (hereinafter called the assessee) is alleged to be carrying on business in grocery articles, stationery articles, oil-cakes, readymade garments and paddy in his village Sharadhapur in Nayagarh from 1955. Though the assessee's liability to pay sales tax had accrued, yet he had not registered himself as a dealer. Accordingly, a notice under Section 12(5) was served on him to produce his books o...
The State of Orissa Vs. Gollari Damo
Court: Orissa
Decided on: May-05-1972
Reported in: 38(1972)CLT597; 1973CriLJ117
B.K. Patra, J.1. This is an appeal by the State against an order of the Sessions Judge, Koraput acquitting the respondent of a charge under Section 302 Indian Penal Code for having committed the murder of his uncle Golari Dasarathi on the night of 2nd August. 1968. The respondent Gollari Damo and the deceased were residents of village Urabir. The house of the respondent is very near that of the deceased. On the date of occurrence one of the hens of the deceased was found missing in the evening. The deceased therefore raised a hulla over it and declared that he who had taken his hen should return it immediately. That night while the deceased was sleeping on his outer verandah, there was pelting of stones inside his house. The deceased got up, raised an alaram and went towards the backyard of his house to find out who the culprit was. His son P. W. 1 and the latter's maternal uncle P. W. 10 Fagu Sisa who were sleeping in a nearby cottage also got up and proceeded towards the backyard of ...
Mahadeb Mahapatra Vs. Sova Dibya
Court: Orissa
Decided on: May-04-1972
Reported in: AIR1973Ori1
S.K. Ray, J.1. This appeal is by the defendant and arises out of a suit for partition of the suit land by metes and bounds and for putting the plaintiff in separate pos-session of her share.2. The plaintiffs case is that her husband, Baleswar Mohapatra and the defendant were two brothers being the sons of one Kelu Mohapatra. This family had sufficient joint family nucleus with the aid of which some more immovable properties were acquired in the name of the defendant In 1944 the plaintiff's husband died, and thereafter, in the same year, the aforesaid acquisitions in the name of defendant were made. After the death of plaintiff's husband, the plaintiff and the defendant possessed jointly all the joint family properties till 1-10-62, when the dissensions arose between them. The defendant tried to get himself solely recorded during the settlement operation in respect of the properties purchased in his name by putting the plaintiff completely in the dark about it. Thereafter the plaintiff ...
Pusparaj and Co. and ors. Vs. Collector of Balasore and ors.
Court: Orissa
Decided on: May-02-1972
Reported in: AIR1973Ori6
G.K. Misra, C.J. 1. The petitioners are dealers in tyres and tubes at Bhadrak. Collector of Balasore (opposite party No. 1) issued a circular, anncxure 1, on 27th May, 1971. The main terms of that circular arc extracted hereunder. 'To All Motor Tyres and Tubes Dealers of the District. Sub:-- Distribution of motor tyres and tubes: X X X X X According to one of the decisions taken in that meeting, the motor tyres/tubes dealers of this district will send immediate intimation to the Civil Supplies Officer, Balasore, whenever they got any supplies of motor tyres and tubes. Secondly the dealers will also furnish lists of their customers for such tyres and tubes to the Civil Supplies Officer. Accordingly, you are requested to please intimate to the Civil Supplies Officer in the pro forma given below the number of motor tyres and tubes held in stock in date, or whenever you receive supplies in future, invariably, in order to arrange for its equitable distribution as decided upon in that me...
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