Orissa Court August 1974 Judgments
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Bhagaban Gouda Vs. Ukia Dei
Court: Orissa
Decided on: Aug-20-1974
Reported in: AIR1975Ori139
G.K. Misra, C.J.1. Shorn of irrelevant details the cases of the plaintiff and defendant may be stated in short. The plaintiff's case is as follows:--One Swarn Bag died in or about 1927 leaving behind his widow Jamuna Bewa and daughter Sabitri. Ukia (plaintiff) is the daughter of Sabitri and Balabhadra. Jamuna died on 19-8-1955. The disputed land with an area of 3.60 acres in khata No. 195 of village Jamankira (in the ex-State of Bamra), now in the district of Sambalpur stood recorded as Nariha Jagir lands in the name of Swarna Bag. The same was recorded in the name of Jamuna Bewa after the death of Swarna Bag. On Jamuna's death defendant was requested by the plaintiff to look after the lands. Defendant belied the trust and stealthily Sot his name mutated in the Revenue Mutation Case No. 166/32 of 1955-56 falsely alleging that he was the adopted son of both Swarna Bag (Sabitri?) and Balabhadra though, in fact, there was no adoption. Amongst other reliefs, plaintiff asked for declaration...
Balaram Das Goswami Vs. Purna Chandra Rath
Court: Orissa
Decided on: Aug-19-1974
Reported in: AIR1975Ori83; 40(1974)CLT1334
G.K. Misra, C.J.1. Plaintiff purchased his house in 1926. To the south of this house lies the lands of the defendant which originally had a kutcha house thereon. The plaintiff raised certain construction on his land lying to the north which became complete in 1932. Plaintiffs' case is that he had a right of easement to light and air and this prescriptive right was used continuously for more than 20 years without any interruption from the defendant. In 1961 the defendant started construction of his house. The plaintiff raised an objection before the municipal authorities that the defendant should not be allowed to construct the second and third stories. On the intervention of the District Magistrate, Puri, an agreement (Ext. 1) was executed between the parties on 2-11-1962. By then the defendant had already constructed the second storey. In the agreement it was settled that the defendant would put Venetian shutters to the windows already constructed, but he would not construct a third s...
Commissioner of Income-tax Vs. Ketini Krishnamurty and Partners
Court: Orissa
Decided on: Aug-13-1974
Reported in: [1976]103ITR487(Orissa)
G.K. Misra, C.J. 1. The question on which statement of fact was called for by this court was as follows :' Whether, in the facts and circumstances of the case, the levy of penalty could be deleted on the footing that it was not exigible '2. Facts material to the aforesaid question may be narrated in brief. The assessment year is 1962-63. The assessment was completed on February 15, 1963, under Section 143 of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act'), for a sum of Rs. 70,422. In response to a notice under Section 147(a) read with Section 148 of the Act the assessee filed a return on November 16, 1964. Assessment was completed under Section 147(a) on March 8, 1968, on a total income of Rs. 1,26,322. The break up of the aforesaid amount was as follows :Rs.(i)Net income as originally assessed... 70,422(ii)Cash credits... 44,900(iii)Unexplained investment on house construction... 11,000 1,26,3223. The Appellate Assistant Commissioner in appeal reduced the cash cr...
Orissa Cement Limited Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Aug-09-1974
Reported in: [1975]35STC398(Orissa)
R.N. Misra, J.1. The petitioner-company is a registered dealer under the Orissa Sales Tax Act, 1947 (hereafter referred to as the 'Act'), and bears Registration Certificate Number RL-297. It was assessed to sales tax for the year 1969-70 under Section 12(2) of the Act. The Sales Tax Officer found that the petitioner had realised a sum of Rs. 19,702.65 by way of sales tax on railway freight. As the taxing officer considered this to be an unauthorised realisation he proceeded to levy penalty of double the amount as provided under Section 9-B(3) of the Act and required the company to pay a sum of Rs. 39,405.30 on that count. The petitioner has challenged the vires of Section 9-B(3) of the Act as also the imposition of penalty in the facts of the case.2. In the counter-affidavit, the levy of penalty under Section 9-B(3) of the Act has been contended to be just and proper and Section 9-B(3) is claimed to be intra vires the Constitution.3. On the contentions raised and pressed before at the ...
Natabar Parida and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Aug-06-1974
Reported in: 40(1974)CLT877; 1975CriLJ853
G.K. Misra, C.J.1. Facts may be stated in brief. The alleged occurrence took place on 8th of March, 1974 at about 8 P. M, on a Dola Purnima day. Petitioners with others went to the temple of deity Sarana Mahadeb for performing Naudi dance. From there they proceeded towards the house of Babana Parida. father of petitioner No. 1. On the wav thev had to Dass through the Sahi (lane) of Damei parida (informant). The people of that Sahi were performing Naudi dance in front of the house of the informant. On the request of the -petitioners a passage was left for them. While the petitioners' party were going ahead, petitioner No. 1 is alleged to have given a push to one Alokha Parida. This led to a fracas between the two parties. Batakrushna Parida (petitioner No. 3) stabbed one Dinabandhu Parida on the chest with a knife. There was mutual assault and a person from amongst the Dartv of the informant died. The F. I, R. was lodged 'on 9-3-1974 at Jagatsingpur Police Station. Investigation was tak...
Rajani Kanta Meheta Vs. State of Orrisa
Court: Orissa
Decided on: Aug-05-1974
Reported in: 40(1974)CLT922; 1975CriLJ83
ORDERR.N. Misra, J.1. This is an application under Section 437 of the Code of Criminal Procedure, 1973, for admitting the petitioner to bail. The petitioner was taken into custody by the police between 10,30 P.M. and 11.00 P.M. on 29-6-1974 in connection with Salepur P. S. Case No. 67 of 1974 under Section 395/412 of the Indian Penal Code, lie was pocluced before the Sub-divisional Judicial Magistrate in the afternoon of 1st of July, 1974. His application for bail was rejected and the learned Magistrate directed him to be remanded to custody. He moved the learned Sessions Judge for grant of bail and the said application came to be disposed of by the Chief Judicial Magistrate of Cultack, who rejected the same. This Court has, therefore, been moved for admitting the petitioner to bail.2. During the pendency of this application, a detailed affidavit was filed wherein it was pleaded that the petitioner had not been produced before the Magistrate as required under Section 57 of the Code of ...
Biswanath Satpathy and ors. Vs. Subarna Dibya and anr.
Court: Orissa
Decided on: Aug-02-1974
Reported in: AIR1975Ori89; 40(1974)CLT1021
ORDERP.K. Mohanti, J.1. This Civil Revision is directed against an order of the learnedMunsif, Nayagarh refusing to admit in evidence a deed of adoption filed by petitioner No. 2 in course of trial of Title Suit No. 5/76/34 of 1972/68.2. Opposite Parties Subarna Dibya and Rajani Dei are the widow and daughter, respectively, of late Somnath Satpathy. They filed the suit for partition against the petitioners. Petitioner No. 2, Banambar Satpathy, who is the natural born son of petitioner No. 1 Biswanath Satpathy filed written statement claiming himself to be the adopted son of the said Somanath Satpathy. The suit was filed on 17-7-1968 and Petitioner No. 2 filed his written statement on 16-3-1970. Trial of the suit commenced on 30-7-1973. During his cross-examination on 6-8-1973, P.W. 5 was confronted with his signatures on a deed of adoption said to have been executed by Somnath Satpathy on 15-2-1954. He admitted the signatures which were marked as Exts. B and C. When the petitioners' Co...
The Management of Sakhigopal Regional Cocoanut Growers' Co-operative S ...
Court: Orissa
Decided on: Aug-02-1974
Reported in: (1975)ILLJ259Ori
K.B. Panda, J.1. The petitioner is a cooperative society registered under the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as the Act) named as theSakhigopal Regional Cocoanut Growers' Cooperative Society, Ltd. (hereinafter referred to us the Society). It carries on business on the products of cocoanut trees and its byproducts. Choudhury Nilakantha Das opposite party No. 1 was appointed as its manager temporarily on 8-1-1961 (Annexure 1) with a salary of Rs. 65 per month. On 8-9-68, the Board of Management resolved directing opposite party No. l to collect an amount of Rs. 36,000 by 10-10-1968 which was said to have been unauthorisedly given on credit by him. Later, on 29-10-1968, the opposite party No. 1 was charge-sheeted under Annexure 4 on several charges to which he offered his explanation substantially denying liability under Annexure 5. However, the Board on 9-12-1968 resolved to initiate proceedings against opposite party No. 1 under the Act for realisation ...
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