Orissa Court January 1975 Judgments
P. Appa Rao Vs. Additional District Magistrate and ors.
Court: Orissa
Decided on: Jan-30-1975
Reported in: AIR1975Ori209
R.N. Misra, J.1. Petitioner before us was one of the vendors of a sale deed registered on 30th of April, 1970, in favour of one Smt. Sunakari Narayanamme, wife of Sunkari Satyanarayana of Nawarangpur in the District of Koraput. Under the conveyance, a homestead plot within the said town was transferred for a consideration of Rs. 20,000/-. Upon a reference made under Section 47A of the Indian Stamp Act (as amended in Orissa) (hereinafter referred to as 'the Act') by the registering authority, the Additional District Magistrate of Koraput registered a miscellaneous proceeding bearing No. M. C. 75 of 1970. By order dated 23-12-1972, he came to find that the propervaluation of the property conveyed would be Rs. 58,364/- in place of Rs. 20,000/-which wag disclosed as consideration for the sale. He assessed the stamp duty payable on the higher amount and required the petitioner to pay the difference of Rs. 2,965.05 vide Annexure-1. A notice was issued under Annexure-2 which the petitioner re...
Tag this Judgment!Brajabandhu Naik and ors. Vs. State
Court: Orissa
Decided on: Jan-30-1975
Reported in: 1975CriLJ1933
K.B. Panda, J. 1. The three appellants have been convicted under Sections 326/34, I. P. C. and 307/34, I. P. C. and sentenced to undergo rigorous imprisonment for three years and five years on the two counts respectively the sentences being directed to run concurrently by Shri D. Panigrahi, Assistant Sessions Judge, Cuttack, on 22-4-1972.The injured Rangadhar Das (P. W. 2) is a resident of village Chheda. On 11-5-1970, he was returning from a shandy at Champapur which is at a distance of about one and half mile from his village. Brajabandhu Naik, appellant No. 1 (accused No. 1) and Kailash Chandra Naik, appellant No. 2 (accused No. 2) are two brothers belonging to village Chheda Haripur while Nisakar Parida, appellant No. 3 (accused No. 3) belongs to village Kaintha. The place of occurrence is village Sothamunhan which is in between the village of injured P. W. 2 and village Champapur, but nearer to the latter. As it appears, Chheda and Champapur (in the absence of a spot map) are conn...
Tag this Judgment!Raghunath Panda Vs. Radhakrishna Panda and ors.
Court: Orissa
Decided on: Jan-23-1975
Reported in: AIR1975Ori214
G.K. Misra, C.J.1. One Sitaram Panda had three sons -- Kalia Kanhu (who died in 1952), Jagannath (who died in 1925) and Khetrabati (Plaintiff No- 1). Raghunath (defendant No. 1) is the son of Kalia Kanhu and Gelha (defendant No. 2) is the widow of Debraj, another son of Kalia Kanhu, who died in 1937. Jagannath's widow Subarni died in 1959. Hema (defendant No. 9), is the wife of plaintiff No. 1 and Radhakrishna (plaintiff No. 2) is the son of plaintiff No. 1. Plaintiffs' suit was one for partition of half interest in Schedules A, B and C properties of the plaint. While asking for partition they also challenged the validity of the sale deeds Ext. 2 dated 26-11-34 and Ext. J dated 20-1-36. Plaintiffs also asked for half share in the properties covered by Ext. H which were given to Subarni towards her maintenance and which defendant No. 1 alone appropriated. Items 14 and 16 to 22 of the B Schedule property were claimed to be the self-acquisition of defendant No. 1 purchased by him on 6-5-1...
Tag this Judgment!Krutibasa Nayak Vs. Sri Jagannath Mahapravu and ors.
Court: Orissa
Decided on: Jan-21-1975
Reported in: AIR1975Ori211
Acharya, J.1. The petitioner has filed a petition praying for the refund of the court-fee of Rs. 490.50 paise paid by him on the memorandum of this appeal. The petitioner, was respondent No. 5 in Second Appeal No. 91 of 1971 which was allowed by Hon'ble R. N. Misra. J., by his judgment dated 18-7-1974. As the said judgment was delivered by Misra, J. while he was sitting in a Divisional Bench, Mr. Ray, the learned counsel for the petitioner, orally moved Misra, J., in his chambers on the same day for granting him leave to file appeal against the aforesaid decision. In the petition before us (at flag W) it is stated on affidavit that the petitioner's lawyer on the said occasion returned from the chamber of Misra, J., with the impression that the leave prayed for was granted by the Judge and with that impression the memorandum of appeal with court-fee of Rs. 490.50 was filed in this Court endorsing therein that the required leave for the purpose had been granted by the Judge. The memorand...
Tag this Judgment!Life Insurance Corporation of India Vs. Smt. Manjula Mohanlal Joshi
Court: Orissa
Decided on: Jan-20-1975
Reported in: AIR1975Ori116
S.K. Ray, J.1. This is an insurer-defendant's appeal from the decree passed in a suit instituted in forma pauperis bythe wife of the assured consequent upon the death of the assured, her husband, on whose life a multipurpose insurance policy No. 10527576 had been effected on 23-12-1961, for recovery of a sum of Rs. 17,800/- in terms of that policy. The assured died of cerebral tumour, pulmonary oedema in S. C. B. Medical College on 4-8-1962. Thereupon, the- plaintiff informed the defendant about the death of her husband by letter dated 12-8-1962 and enclosed all the relevant documents with it.The defendant repudiated the contract of insurance on the ground that the assured had made inaccurate and false statements in the proposal as well as in the personal statement on the basis of which the insurance policy was effected. Thereupon, the plaintiff filed the suit out of which this appeal arises for recovery of a sum of Rs. 17,800/- pursuant to the various terms of the policy of insurance,...
Tag this Judgment!Ramesh Chandra Singh Mohapatra Vs. Jagannath Singh Mohapatra
Court: Orissa
Decided on: Jan-20-1975
Reported in: AIR1975Ori121
S.K. Ray, J.1. Plaintiff in a suit for malicious prosecution is the appellant. The sole defendant in the suit is his father.2. Plaintiff claimed damages pf Rs. 10,000/- for 'much mental agony and pain due to false accusation by the defendant resulting in loss of education of the plaintiff who was then reading at Cut-tack', and a sum of Rs. 250/- towards special damages as described in Sch. A that is to say Rs. 150/- the sum paid to the lawyer in defending himself in the alleged false prosecution. Rs. 50/- towards miscellaneous expenses and another sum of Rs. 50/- towards expenses in attending Court. His averments in the plaint leading to his aforesaid claim may be stated briefly-The defendant made false allegations before the police, Mahulpali Police Station in the month of April and June, 1962 that the plaintiff and his elder brother were creating disturbance by quarrelling with him threatening him to take possession of his properties by driving him out from the house, and further thr...
Tag this Judgment!Raghunath Agarwalla Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-1975
Reported in: [1975]36STC461(Orissa)
R.N. Misra, J.1. The assessee is before us praying for a writ of certiorari to quash the order dated 14th July, 1973, passed by the Member, Additional Sales Tax Tribunal, Orissa, in Reference Application No. 3 of 1973-74 filed under Section 24(1) of the Orissa Sales Tax Act (hereinafter referred to as the 'Act').2. Second Appeal No. 1091 of 1971-72 carried by the assessee under Section 23(3) of the Act was disposed of by the Additional Tribunal on 12th January, 1973. On 15th March, 1973, copies of the second appellate order were served on the Commissioner of Sales Tax as required under Rule 73 of the Orissa Sales Tax Rules (hereinafter called the 'Rules'). Under Section 24(1) of the Act, within sixty days from the date of receipt of the copy of the order of the Tribunal made under Sub-section (3) of Section 23 affecting any liability of any dealer to pay tax, such dealer or, as the case may be, the State Government, is entitled to make an application in writing to the Tribunal to refer...
Tag this Judgment!Balaram Panda and anr. Vs. Achutananda Bariha and ors.
Court: Orissa
Decided on: Jan-15-1975
Reported in: AIR1975Ori125
ORDERG.K. Misra, C.J.1. Balaram Panda (Plaintiff No. 1) is the son of Mst. Amulva Panda (plaintiff No. 2). They entered into an agreement with the defendants for sale of the disputed property for Rs. 5,000/-. The stipulation was that title would pass on payment of consideration. A sale deed was accordingly executed on 31-12-1964, but no consideration was paid. In the written statement the defendants took the plea that on 1-1-1965 the entire consideration was paid and in token thereof a receipt was obtained from the defendants. On 15-7-1974 the plaintiffs filed two petitions to send the alleged receipt to the Director of Printing and Stationery of Orissa Government Press and the revenue stamps used to the Central Stamp Store, Nasik Road for examination and report. The applications were for examination of the cartridge paper as well as the stamps, the plaintiffs' plea being that they were all subsequent to the year 1965. On 5-8-1974the applications were rejected by the learned Subordinat...
Tag this Judgment!Balaram Naik and ors. Vs. Krushna Kumari
Court: Orissa
Decided on: Jan-15-1975
Reported in: AIR1975Ori178
ORDERS.K. Ray, J.1. The petitioners filed Money Suit No. 144 of 1973 in the court of the Munsif, Jajpur for recovery of Rs. 2,046.06. They filed their plaint with deficit court-fee and took time to pay the balance. Time was granted till 12-7-1973 for payment of court-fee. In default of payment of court-fee on 12-7-1973 the plaint was rejected under O. 7, Rule 11, Civil P. C. 2. The petitioners thereafter filed an application under Section 151, Civil P. C. for recalling the order dated 12-7-1973 and to permit them to pay the deficit court-fee. This petition of theirs was registered as Misc. Case No. 147 of 1973. The ground shown for recalling the order was that the petitioner No. 1 Balaram Naik was looking after the case on behalf of all the petitioners in the trial court and he fell ill with filarial fever and become completely immobile four days before the date fixed for payment of court-fee and in consequence of such illness he was not able to take steps for payment of court-fee on t...
Tag this Judgment!Management of Cuttack Motor Association Vs. Administrative Staff of Cu ...
Court: Orissa
Decided on: Jan-13-1975
Reported in: (1975)IILLJ265Ori
R.N. Misra, J.1. This is an application for a writ of certiorari directed against the award given by the Industrial Tribunal Orissa, in industrial Dispute Case No. 22 of 1971.2. The State Government referred the following three disputes for determination of the Tribunal:(1) Whether the existing wage rate of the employees of the Cuttack Motor Association, Cuttack, needs any revision in the light of the recommendations of the Central Wage Board for road transport industry? If so, what should be the details?(2) Whether the Management of the Cuttack Motor Association, Cuttack are liable to effect payment of bonus under the provisions of the payment of Bonus Act, 1965? If so, with what details ?(3) Whether the employees including staff employed by Cuttack Motor Association, Cuttack, are entitled to any medical benefit. If so, what should be details?2. On behalf of the employer, Cuttack Motor Association several pleas were raised. The first one was that the Motor Association was not an 'indu...
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