Orissa Court February 1974 Judgments
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State of Orissa Vs. Padmalochan Panda
Court: Orissa
Decided on: Feb-27-1974
Reported in: AIR1975Ori41
G.K. Misra, C.J.1. Plaintiff is an Advocate practising at Bargarh in the district of Sambalpur. He filed the suit for recovery of Rs. 10,500 as general damages and Rs. 500 as special damages from the defendants. The first defendant is the State of Orissa. The second and the third defendants were members, at the relevant time, of the 4th Battalion Orissa Military Police at Rourkela.Plaintiff's case may be stated in short. There was student's agitation at Bargarh on 28th of October, 1964. The incident whereby the plaintiff received injury took place at about 4 p.m. He was having his office under a banian tree in a grove at a distance of about 30 feet from the court building of the Sub-Divisional Officer, Bargarh. While he was perusing a judgment in a criminal case he found that the O.M.P. personnel started assaulting innocent persons in front of the court premises indiscriminately ,and recklessly when the normal court work was going on. Plaintiff himself was a victim to such assault by d...
Sm. Subhadramani Dhal and ors. Vs. Jaganath Patra and ors.
Court: Orissa
Decided on: Feb-27-1974
Reported in: AIR1975Ori30
S.K. Ray, J.1. Defendants 7, 8 and 11 are the appellants. This appeal is from the confirming decision of the Sub-Judge, Balasore and arises out of a suit for redemption of a mortgage by conditional sale.2. One Ananta Patra was admittedly the owner of the suit properties of A1.27 decimals. He executed a mortgage by conditional sale in respect thereof on 5-9-1930 in favour of one Baidyanath. This mortgage deed is Ex. 1. Ananta Patra ostensibly sold the mortgaged property for Rs. 100 on condition that if the mortgage amount was repaid between Magh to Chaitra of any year before 1342 V. S. the mortgagee will reconvey the properties. 1342 V. S. corresponds to 1935. Thus, the stipulation in Ex. 1 was that if repayment was not made between Magh to Chaitra of 1935 the sale shall become absolute thereafter. Mortgage dues were not repaid within the stipulated period. About 20 years thereafter, the mortgagee sold 39 decimals out of it to Kishore Mohan for a valuable consideration of Rs. 200 under ...
Shree Narsingh Trading Co. Vs. State of Orissa
Court: Orissa
Decided on: Feb-27-1974
Reported in: [1974]34STC314(Orissa)
R.N. Misra, J. 1. The Member, Sales Tax Tribunal, has referred the followirg question under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the Act), for determination of this Court:Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the enhancement by about 20 times the suppressions found The facts relevant for the purpose of answering the question are shortly stated below: The assessee is a registered dealer of Bargarh in the district of Sambalpur. He came to be assessed under the Act for the year 1966-67 and for the quarters ending June and September, 1967. As a common question has arisen in all the three periods, these three references have been made. The Sales Tax Officer while making the assessments for all these three periods found suppressions in the accounts and, therefore, required the assessee to explain these suppressions and having not been satisfied with the explanations completed a best judg...
Sunamani Dei Vs. Babaji Das and ors.
Court: Orissa
Decided on: Feb-25-1974
Reported in: AIR1974Ori184; 40(1974)CLT418
R.N. Misra, J. 1. The plaintiff, a minor, had filed a suit on 30-7-63 for cancellation of two alienations made by Rajani Bewa (plaintiff's mother), defendant No. 3, for self and as mother guardian of theplaintiff on 19-7-62 (Ext. A) in favour of the defendant No. 1 and 23-7-62 (Ext. A1) in favour of the defendant No. 2. The plaintiff was represented by her grandmother. Ext. A was an alienation for Rs. 800/-. We are not concerned with the other alienation as it has been set aside in the courts below and has become final in the absence of any appeal. 2. The plaintiff claimed that his mother was insane; the alienation of family property was without any legal necessity and not knowing the actual effect of her own acts the defendant No. 3 had made the alienation contrary to the minor's interest 3. The defendant No. 1 took the plea that the defendant No. 3 was not insane as alleged. She paid a consideration of Rs. 800/- under Ext. A on being satisfied by enquiry that there was need for buyin...
Dhana Das and ors. Vs. Pandav Das and ors.
Court: Orissa
Decided on: Feb-25-1974
Reported in: AIR1974Ori218
HR.N. Misra, J.1. Plaintiffs are in second appeal against the affirming decree of the learned Subordinate Judge in a suit for partition. Plaintiffs had asked forpartition of two items of Schedule 'A' and the 'B' Schedule property. The trial Judge gave a decree excerpt in regard to item No. 1 of Schedule 'A' by upholding the alienation by their father on 23-5-1961 (Ext. C) for Rs. 300 in favour of the Deity (defendant No. 2) represented by defendants 3 to 8. The lower appellate court having upheld that decree, the plaintiffs have filed this second appeal.2. The three plaintiffs are the sons of the defendant No. 1. There is no dispute that on 23-5-1961, the defendant No. 1 has alienated the item No. 1 of Schedule 'A' being Ac 0.53 decimals of cultivable land to the defendant No. 2. The plaintiffs have sued for partition without asking for his alienation being set aside and the defendants 2, 3 and 4 who alone contested asked for deletion of this property from the hotchpot as it was not pa...
Orient Paper Mills Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Feb-25-1974
Reported in: [1975]35STC84(Orissa)
G.K. Misra, C.J.1. Six questions have been referred by the Additional Sales Tax Tribunal (hereinafter to be referred to as the Tribunal). They are :(1) Whether, on the facts and in the circumstances of the case, the reduction granted by the assessee to its buyers from the mill rate was part of the amount payable to the assessee as consideration for the sale of the paper and/or part of the sale price within the meaning of Section 2(h) of the Central Sales Tax Act, 1956 ?(2) Whether, on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal was right in holding that the declaration in C forms required any correction ?(3) Whether, on the facts and in the circumstances of the case, the freight in respect of paper sold by the assessee was part of the amount payable to the assessee as consideration for the sale of the paper and part of the sale price within the meaning of Section 2(h) of the Central Sales Tax Act, 1956 ?(4) Whether, on the facts and in the circumst...
Bhajan Suna and ors. Vs. the State
Court: Orissa
Decided on: Feb-25-1974
Reported in: 40(1974)CLT325; 1975CriLJ1555
P.K. Mohanti, J.1. The five appellants stood charged under Sections 148 and 302/149, Indian Penal Code with having formed themselves into an unlawful assembly in prosecution of the common object of which they committed the murder of Gajendra Suna of village Bangabahal, P. S. Luisinga in the District of Bolangir in the morning of 29-6-1970.2. Appellants 1 to 4 are the brothers of P. W. 1 Mohan Suna who is the father of the deceased Gajendra Suna. Appellant No. 5 is the son of appellant No. 1. The prosecution case was that P. W. 1 and his sons were in possession of a piece of cultivable land locally known as Munda Dull. They ploughed the land and sowed paddy seeds which had germinated by the date of occurrence. On the date of occurrence, the appellants trespassed over the land and started ploughing the same causing damage to the paddy seedlings. On getting information about this, the deceased went there with his wife and brothers and unyoked the ploughs of the appellants who killed him b...
Naidu Budhia and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-21-1974
Reported in: 40(1974)CLT313; 1975CriLJ564
P.K. Mohanty, J.1. This appeal has been preferred against a judgment of the learned Sessions Judge of Ganiam-Boudh convicting appellants 1 and 2 under Section 302, I.P.C. and appellants 3 to 7 under Section 302/149, I.P.C. and sentencing each of them to undergo imprisonment for life. The offence under Section 201, I.P.C. was found to have been established against all the appellants, but no separate order of conviction and sentence was passed for this offence.2. The prosecution case was that the appellants suspected the deceased Somanath Behera to be a sorcerer. The wife of appellant No. 3 Apudu Das died about two years before the occurrence and the appellants believed that her death was due to witchcraft practised by the deceased. They held a meeting in the village and directed the deceased to pay a fine of Rs. 400/- or else to go away from the village. The next day Somanath left the village since he could not pay the fine. Subsequently his wife paid the fine by sale of some articles. ...
Janjali Devi Vs. Tahasildar and anr.
Court: Orissa
Decided on: Feb-19-1974
Reported in: AIR1974Ori210; 40(1974)CLT501
Acharya, J.1. Plot No. 4045 in mouza Gadakana comprising an area of2.89 acres belonging to the petitioner was acquired for the Sainik School at Gadakana, Bhubaneswar. The Collector fixed the compensation for the said land at Rs. 5,317.60 paise and the learned Subordinate Judge, Cuttack; in Misc. Case No. 39/67-L.A., being a reference under Sections 18 and 30 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), fixed the full compensation at Rs. 17,400, plus 15 per cent of the same under Section 23(2) of the Act. Against the aforesaid judgment and decree passed by the learned Subordinate Judge, Cuttack, the opposite party herein preferred First Appeal No. 255 of 1967 in this Court which was dismissed on 8-9-72 and the decision of the learned Subordinate Judge was confirmed as such. The present petition under Sections 151 and 152, C.P.C. has been filed for the incorporation of a direction in the judgment and decree of the said First Appeal for payment of interest at 6 ...
Narasingha Karwa Vs. the State
Court: Orissa
Decided on: Feb-13-1974
Reported in: 40(1974)CLT491; 1975CriLJ1560
P.K. Mohanti, J.1. The appellant Narasingha Karwa has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life for having committed the murder of Kandra Karwa, a boy aged about 16 years, on 2-11-1969 at about 11 A. M.2. The occurrence took place at the Sweepers' Colony at Barbil. The appellant and P. W. 2 Chandra Mohan Pechmukhi are sweepers in the Barbil N. A. C. The prosecution case was that on the evening of 1-11-1969 there was a quarrel between P. W. 2 and the appellant in course of which the former assaulted the latter with a bamboo pole. In the morning of 2-11-1969 P. W. 2 went to the liquor shop to have a drink. The appellant also went there along with his father. A quarrel broke out between P. W. 2 and the father of the appellant at the liquor shop. While they were returning, P. W. 2 severely assaulted the father of the appellant and fled away. Then the appellant returned home and threatened to finish the family members of P. W. 2. As neither P...
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