Orissa Court July 1975 Judgments
State Vs. Dhruba Charan Bahali
Court: Orissa
Decided on: Jul-28-1975
Reported in: 42(1976)CLT192; 1976CriLJ246
K.B. Panda, J.1. This is a proceeding initiated by this Court on its own motion under Section 15 of the- Contempt all Courts Act, 1971 (Act 70 of 1971) (hereinatfer referred to as the Act) read with Rule 2 (a) of the Rules made thereunder by the Orissa High Court against one Dhruba Charan Bahali the alleged contemner in the context of the admitted facts stated hereinafter.2. Under annexure 1, the contemner, a resident of Rourkela addressed an undated petition to the Chief Justice of the Orissa High Court alleging that the local subordinate Judge Shri Satchidananda Das was busy in collecting illegal gratification; that on one occasion he brought the contemner under warrant and after snatching certain money from his pocket released him immediately. Therein it was further stated that the Subordinate Judge was harassing the parties with a motive to collect illegal gratification and that if the local Public Prosecutor Shri Bipin Babu is contacted the whole truth would come out. He prayed fo...
Tag this Judgment!State Vs. R.N. Patra
Court: Orissa
Decided on: Jul-25-1975
Reported in: 1976CriLJ440
R.N. Misra, J.1. On 16th of October, 1974, contemner was called upon to show cause as to why a proceeding under the Contempt of Courts Act, 1971, shall not be initiated against him for contempt of this Court. On 26-11-1974, contemner appeared through counsel and asked for time to show cause. In due course he entered personal appearance and showed cause. The matter was heard on 12-2-1975 and a Bench of this Court decided that notice should issue to contemner to show cause as to why he shall not be punished for contempt. By then on the materials available, the Court also decided that contemner should be called upon to show cause as to why he may not be punished for the contempt of the Court of the Sessions Judge, Ganjam-Boudh at Berham-pur. Accordingly a combined notice was issued to contemner on 18th of February, 1975, to show cause as to why he would not be punished under the Contempt of Courts Act for having committed contempt of this Court as also of the Court of the District and Ses...
Tag this Judgment!Commissioner of Income-tax Vs. Puranmal Prabhudayal
Court: Orissa
Decided on: Jul-16-1975
Reported in: [1977]106ITR675(Orissa)
R.N. Misra, J.1. By order dated 27th September, 1973, this court directed the Income-tax Appellate Tribunal to state a case and refer the following question for adjudication :'Whether, in the facts and circumstances of the case, and keeping in view the Explanation added to Section 271(1)(c) with effect from April 1, 1964, the levy of penalty was not in accordance with law ?'2. These three applications relate to assessment years 1962-63, 1963-64 and 1964-65, respectively. The assessee maintained accounts on Dewali-year basis. Below are the particulars of returned income and finally assessed income of the assessee for the years in question.Returned incomeAssessed income Rs.Rs.1962-6348,1531,81,1131963-6447,9011,05,6541964-6512,188 43,1253. In computing the income, the Income-tax Officer added cash credits ofRs. 84,000 and Rs. 20,000 in the assessment years 1962-63 and 1963-64,respectively. Corresponding disallowance of interest to the tune ofRs. 16,000 was added in the assessment year 19...
Tag this Judgment!Commissioner of Income-tax Vs. Agarwalla and Co.
Court: Orissa
Decided on: Jul-16-1975
Reported in: [1976]104ITR93(Orissa)
R.N. Misra, J.1. These are two applications under Section 256(2) of the Income-tax Act of 1961 (hereinafter referred to as 'the Act') at the instance of the revenue for a direction to the Income-tax Appellate/Tribunal to state a case and refer the following question said to be of law for determination of this court:' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing registration to the firm '2. The short facts relevant for appreciating the point raised are these : One, Sri Jugal Kishore Ram was carrying on business in timber as its sole proprietor in the name and style of ' M/s. Agarwalla & Co.' With a view to converting the proprietary concern into a partnership business, one Shri Raghunath Agarwalla was admitted into the business and by a deed of partnership dated April 1, 1964, the partnership was constituted. An application for registration of the firm as provided under Section 185 of the Act was made. The Income-tax Officer rejected...
Tag this Judgment!Patnaik and Co. (P.) Ltd. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jul-15-1975
Reported in: [1975]36STC362(Orissa); (1965)(SCC)016STC364
G.K. Misra, C.J.1. The facts referred to in the writ application may be stated at length to understand the point in issue.2. The petitioner is a private limited company. It carries on business in automobiles and their accessories and is a dealer of several makes of motor vehicles in the State of Orissa. Besides dealing with private parties the petitioner carried a major part of its business with the Government of Orissa and other Government departments and corporations. The company was incorporated in the year 1959-60. From the years 1959-60 to 1967-68 there was a total assessment of Rs. 60,67,320.54 on the company. The petitioner paid the entire amount leaving a balance of Rs. 4 lakhs and odd. The State Government exploited the credit worthiness of the petitioner in the market and compelled the petitioner to raise loan from the State Bank of India to the extent of Rs. 85 lakhs in the years 1961 and 1964 and invest the same in Government securities for the benefit of the State. The Sta...
Tag this Judgment!Dayalu Narayan Swamy Vs. Kanika Ramaswamy Dora and ors.
Court: Orissa
Decided on: Jul-11-1975
Reported in: AIR1976Ori31
G.K. Misra, C.J. 1. The disputed land belonged to one Ram Chandra Dora. His son Balaram Dora executed a registered usufructuary mortgage bond (Ext. A) in favour of the father of defendants 1 to 3 and 5 and grandfather of defendant No. 4 on 4-1-1916. The widow of Balaram Dora executed an unregistered agreement for sale (Exit. 2) on 21-1-1965 in favour of the plaintiff and thereafter she executed the registered deed of sale (Ext. 1) on 14-5-1965 for Rs. 500/-. On the basis of the title under the registered sale deed the plaintiff filed the suit for permanent injunction. The contesting defendants assailed the suit alleging that the vendor was not the wife of Balaram Dora and that the defendants purchased the disputed property by an oral sale about 8 months after the mortgage. All the courts have concurrently rejected the defence story and have held that the vendor is the wife of Balaram Dora and transmitted a valid title in favour of the plaintiff by the registered sale deed, They also di...
Tag this Judgment!Nandu and Dhaneswar Naik Vs. the State
Court: Orissa
Decided on: Jul-11-1975
Reported in: 1976CriLJ250
N.K. Das, J.1. Appellant has been convicted under Section 302/34 I. P. C, sentenced to rigorous imprisonment for life and under Sections 342/34 sentenced to rigorous imprisonment for six months; both the sentences to run concurrently.2. Appellant Nandu, Bitu, Mohan and Obhotu are four brothers. They are living separately. Mohan is living in village Kesadfha whereas the other brothers are living in village Chirupada situated as a distance of four miles from village Kesadiha. The occurrence is said to have taken place in village Kasadiha.The prosecution case may be stated as follows: In the forenoon of 12th November, 1972 P.W. 1, her son Dhaneswar (deceased) and her two daughters-in-law (of whom P, W 3 is one) were engaged in cutting paddy along with labourers P.Ws. 2, 4 and 5 from their land situated in Rugudibhol Chak in village Kasadiha. Mohan owns land adjacent to the said land. AH the aforesaid four brothers, Nandu (Appellant), Mohan, Bitu and Chhotu suddenly came to the spot-Mohan ...
Tag this Judgment!Rama Kumari Meher Vs. Meenaketan Meher
Court: Orissa
Decided on: Jul-08-1975
Reported in: AIR1976Ori32
Misra, C.J. 1. Ram Kumari (appellant) is the married wife of Menaketan Meher (respondent). She filed O. S. No. 58 of 1970 in the Court of the Subordinate Judge, Aska, for a decree of divorce under Section 13 or the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act). The suit having been dismissed she has filed the appeal. On the memorandum of appeal Court-tee of Rs. 6/- has been affixed, The Stamp Reporter is of the opinion that Court-fee of Rs. 22/8/- is payable. He relied on an unreported decision of G. C. Das J., the then Taxing Judge, in First Appeal No. 43 of 1963, decided on 14-12-1961 (Orissa) (Sripada Samba Siva Rao v. Sripada Subhalaxmi). He referred the matter to the Taxing officer (Registrar). The Taxing officer noticed apparent conflict in the aforesaid decision and another decision of Barman J. in 33 Cut LT 13 = (AIR 1967 Orissa 41) (Mst. Puinbasi Majhiani v. Shiba Bhue). He referred the Matter to the Taxing Judge for an authoritative pronouncement. The Ta...
Tag this Judgment!Bandhu Kichei and ors. Vs. the State
Court: Orissa
Decided on: Jul-08-1975
Reported in: 1976CriLJ325
S.K. Ray, J.1. The appellants; have been convicted under Sections 302/34, I. P.C. for having committed murder of Shyama Gouda in furtherance of the common intention of all of them on 13th July, 1972 in the evening, and sentenced to rigorous imprisonment for life each.2. Appellants 2 and 3, namely, Sada Kichei and Gopi Kichei are nephews of appellant No. 1 Bandhu, There was enmity between the accused persons on the one hand and the deceased, on the other on account of dispute over a parcel of land qall-ed Dpmbobanal which was subsisting on the date of occurrence. There were several litigations pending between them in respect of the said land. P.W. 1 Js a Gunia who practises witchcraft and is reputed to cure ailing persons by occult practices and also by administration of country medicines. The daughter of the deceased fell ill and so he wanted to fetch P.W. 1 to cure her. He took his sister P.W. 2 alone with him and went to the village of P.W. 1. On the date of occurrence at about 5 p. ...
Tag this Judgment!Kadraka Sitana and anr. Vs. the State
Court: Orissa
Decided on: Jul-08-1975
Reported in: 1976CriLJ414
S.K. Ray, J.1. The two appellants and another were charged under Section 302/34, I. P.C. for having committed murder of one Bidika Jadumani by intentionally causing death in furtherance of their common intention, and under Sections 201/34, I. P.C. for having caused disappearance of the evidence of murder knowing or having reason to believe that murder had been committed, by burying the dead body with the intention of screening themselves from the legal punishment, in furtherance of their common intention. The third accused having died during the trial, the case proceeded only against these two appellants who have been convicted on both these charges and sentenced to rigorous imprisonment for life under Sections 302/34 and to rigorous imprisonment for four years under Sections 201/34, I. P.C. Both these sentences have been directed to run concurrently.2. Appellant No. 1 is the father of appellant No. 2. On 1-4-1972 at about 7 p.m. they came to the courtyard of the deceased and called hi...
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