Orissa Court November 1974 Judgments
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Jami Bhoi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-21-1974
Reported in: 1975CriLJ858
R.N. Misra, J.1. This is an application, for a writ of habeas corpus chal- lenging the order of detention of the petitioner under Section 3(1)(a)(ii) of the Maintenance of Internal Security Act of 1971 (hereinafter referred to as the 'Act') passed bv the District Magistrate of Cuttack (Opposite Party No. 2).2. The following grounds were supplied to the detenu in support of the order of detention:(1) On 19-8-1973. vou along with your gang members were found to have congregated at the back of the Raia-bagicha High School in Cuttack City preparing to commit a dacoitv. You along with your gann members were caught red-handed with various appurtenances like knives, crackers, torch lights, black masks, black cloths and liauor bottles were recovered from your possession. In this connection Lai Ba...
State of Orissa Vs. Patel Saw Mill
Court: Orissa
Decided on: Nov-19-1974
Reported in: [1976]37STC392(Orissa)
K.B. Panda, J.1. This is a reference made by the Member, Sales Tax Tribunal, under Section 24(1) of the Orissa Sales Tax Act, 1947 (Act 14 of 1947) (hereinafter referred to as the Act) at the instance of the State of Orissa posing the following two points of law said to be arising out of its judgment dated 4th December, 1972, for answer by this court:(1) Whether, on the facts and in the circumstances of the case, the Member, Sales Tax Tribunal, is right in holding that conversion of logs into different sizes and shapes does not amount to manufacture and production of a different commodity ?(2) Whether, on the facts and in the circumstances of the case, the Member, Sales Tax Tribunal, is right in holding that there is no contravention of the provisions contained in the proviso to Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act, when the opponent converted logs and timbers into different sizes and sold the same inside the State of Orissa ?2. The opposite party, Patel Saw Mill, is a re...
Rama Krushna SwaIn Vs. Smt. Fulamani Kamila and anr.
Court: Orissa
Decided on: Nov-18-1974
Reported in: AIR1975Ori166
R.N. Misra, J. 1. Baina and Banamali were two brothers. Baina died in the year 1950 leaving behind his widow Fulamani (Plaintiff). Banamali started oppressing the plaintiff with a view to grabbing the properties. Plaintiff, therefore, sought protection of defendant No. 1. Defendant No. 1 taking advantage of the fact that plaintiff was a pardanasin and illiterate lady had an eye on her properties. He got a sale deed executed by plaintiff, but she having come to know of the evil designs of defendant No. 1 objected before the Sub-Registrar. After enquiry, an order was duly made under the Registration Act for registration of the document. The plaintiff, therefore, instituted Title Suit No. 16 of 1966 for a declaration that defendant No. 1 acquired no title under the sale deed dated 15-2-1966. She impleaded an alienee from her as second defendant. The suit was posted for trial to 28-2-68. On 24-2-1968, plaintiff and defendant No. J filed a petition of compromise. Plaintiff applied for expun...
Pratima Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-15-1974
Reported in: AIR1975Ori155
R.N. Misra, J. 1. This is an application for a writ of certiorari to quash the order dated 7-10-1974 (Annexure 7) issued by the Principal of the M. K. C. G. Medical College at Berhampur (opposite party No. 5) cancelling the admission of the petitioner into the 1st Year M. B. B. S. Class and for a writ of mandamus to allow the petitioner to continue as student of the 1st year M. B. B. S. Class of the said College on the footing that she has been validly selected as per the intimation given to her on 21st of September, 1974 under Annexure 5. 2. The petitioner passed the 1st year Degree (Science) Examination of the Utkal University with Physics, Chemistry and Biology as group subjects and during the 1974-75 session was studying in the 4th year B.Sc. Honours Class of the S. B. Women's College at Cuttack. In July, 1974, a notice was published calling upon eligible candidates to submit applications in the prescribed form for admission into the 1st year M. B. B. S. Class of any of the three M...
Gangaram Chhapolia Vs. District Labour Officer and Welfare Officer
Court: Orissa
Decided on: Nov-12-1974
Reported in: (1978)ILLJ522Ori
R.N. Misra, J.1. Petitioner has engaged himself in execution of certain contracts under the Public Works Department of the State Government and has received payment under certain running bills for the work done and is yet to receive further payments. Under the 'standard F2 contract form', there is a fair wages clause and under executive authority, a 'Contractors' Labour Regulation' has been framed. Opposite party purporting to be the District Labour Officer and Welfare Officer under the fair wages clause wrote to the Executive Engineer, National Highway Division, Bhubaneshwar, to deduct a sum of Rs. 3,500 from the dues of the petitioner arising out of execution of such contracts pending investigation into a claim laid by some labourers engaged by the petitioner. The Executive Engineer withheld the amount and refused to make the payment to the petitioner in spite of demand. Petitioner has challenged the said order of the opposite party as without jurisdiction and has required the same t...
Ashok Das Vs. Additional District Magistrate and ors.
Court: Orissa
Decided on: Nov-02-1974
Reported in: AIR1975Ori170
R.N. Misra, J. 1. This is an application for a writ of habeas corpus directed against the order of detention of the petitioner passed by opposite party No. 1 on 16-10-1974 in exercise of powers conferred under Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act) read with Section 3 (2) (b) and Section 5 thereof.2. The petitioner is a sitting member of the Orissa State Legislative Assembly and represents the Korai Constituency within the district of Cuttack. In support of the order of detention, the following grounds were provided to him :-- 'A. You have committed the following successive atrocious acts which have had seriously disturbing impact on the local community by terrorising the latter and disturbing the even tempo of the life of the local community in Jajpur Town and several other areas of Jajpur Subdivision. (a) On 23-2-1974 night at about 0.30 A. M. you along with Rabindranarayan Singh, Hiranya Kishore Kanungo, Kamalak...
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