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Orissa Court May 1974 Judgments

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May 09 1974

Raghunath Samanta Singhar Vs. General Manager, Orissa Road Transport C ...

Court: Orissa

Decided on: May-09-1974

Reported in: (1975)ILLJ79Ori

B.K. Ray, J.1. This application is directed against the order of the General Manager, Orissa Road Transport Co. Ltd., dated 22-3-72 (Annexure 12) directing that the petitioner be discharged from service of the company on payment of one month's wages in lieu of notice and the order of the Presiding Officer, Labour Court, Orissa, Bhubaneswar dated 28-3-73 (Annexure 13) approving the action taken by the management as per Annexure 12.2. The short facts giving rise to this application may briefly be stated thus-The petitioner was working as a conductor of theO.R.T. Co. Ltd. of which opposite party No. 1 is the General Manager. On 11-5-69 there was a surprise check of the vehicle ORG 1520 in which at the relevant time the petitioner was working as conductor. On check, it was found that 50 passengers were travelling in the said bus without ticket. Consequently, a penalty of Rs. 73.50 was levied against the petitioner and a penalty ticket (Annexure 1) was issued against him. The petitioner was...


May 03 1974

Jatindra Bhowmik and ors. Vs. Assistant Sales Tax Officer and anr.

Court: Orissa

Decided on: May-03-1974

Reported in: [1976]37STC605(Orissa)

R.N. Misra, J.1. These are applications individually made by four hoteliers at Puri. They have been registered dealers under the Orissa Sales Tax Act. The Supreme Court, the Punjab High Court as also this court came to decide that where hoteliers raised consolidated and composite charges for all amenities along with food and the charge for food was not divisible and separate, it was not open to the sales tax authorities to separate the same and treat that part of it as sale. Each of the petitioners thereafter applied to the Sales Tax Officer, Puri-I Circle, for cancellation of the registration as dealer. The Assistant Sales Tax Officer in-charge of registration of dealers has rejected each of the applications and has directed the registration certificate of each of the dealers to be returned to the dealer by the impugned order in each of these applications. As common questions of fact and law arise and common counsel for the parties advanced one argument, we propose to dispose of all t...


May 03 1974

Kotha Kota Hadu Subudhi Vs. District Magistrate and ors.

Court: Orissa

Decided on: May-03-1974

Reported in: 1975CriLJ117

R.N. Misra, J.1. The petitioner is a licensed dealer in fertilizers and carries on his business al Aska Road within the town of Berhampur in the district of Ganjam, under our territorial jurisdiction. Under the Fertiliser (Control) Order, 1957, the maximum selling price of different categories of fertilisers has been determined. The District Magistrate of Ganjam, Opposite Party No, 1 passed an order on the 26th of December 1973, in exercise of powers under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 26 of 1971 (hereafter referred to as the Act) for the detention of the petitioner on the following grounds;-(1) The petitioner charged nether price than prescribed for sale of fertilisers when:(a) Sasibhusan Padhi of village Chiladi purchased 100 bags of ammonium sulphate under bill No. 54 dated 13-10-1973, Though the bill was made out for a sum of Rupees 6,404.45 paise, he was actually charged Rs. 8.490A.(b) K. Appallaswamy of village Jagapur purchased 70 bags of a...


May 02 1974

State of Orissa Vs. Sukra Singh

Court: Orissa

Decided on: May-02-1974

Reported in: 1975CriLJ200

S. K. Ray, J.1. This is an appeal by the State under Section 417. Cr. P. C. from the judgment of acquittal dated 5-12-70 of the Sessions Judge, Mayurbhanj-Keonjhar passed in S. T. No. 30-M of 1969 whereby accused-respondent Sukra Singh has been acquitted of the charge under Section 302, I. P. C. for having committed murder of one Budhu Singh, his paternal uncle.2. The prosecution story may now be related. The deceased had 5 brothers. His elder brother Durga Singh having died he married the latter s widow Gurubari, who is P.W. 1. The accused is the son of Gurubari by her first husband Durga Singh. He, the deceased and P. Ws. 1 to 4 belong to the same village. On 20-3-69 Selei Puja was being performed in the village and general feast was being held on that occasion. All villagers, both young or old., congregated at the Puja to participate in the feast. The feast was over before dusk and all the villagers left that place for their respective houses. Chukulu (P. W. 3) is another brother of...


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