Orissa Court December 1976 Judgments
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Commissioner of Income-tax Vs. Biju Patnaik
Court: Orissa
Decided on: Dec-15-1976
Reported in: 43(1977)CLT274
R.N. Misra, J.1. On an application made by the revenue under Section 256(2) of the Income-tax Act of 1961 (hereinafter referred to as ' the Act'), this court directed the Income-tax Appellate Tribunal, Cuttack Bench, to state a case and refer the following question of law for its opinion and the Tribunal pursuant to the said direction has now stated the case and referred the said question :' Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the assessee was not liable to be visited with penalty for having concealed the particulars of his income or furnished inaccurate particulars of such income in respect of : (a) a sum of Rs. 14,050 representing income from house property; (b) income from undisclosed sources of Rs. 51,000 said to be cash credit; and (c) capital gains of Rs. 30,400 on the head of capital gains, and was, therefore, liable to penalty under Section 271(1)(c) of the Act ' 2. The relevant assessment year is 1964-65 correspond...
Laxminarayan and Sons. Etc. Vs. State Transport Authority and ors.
Court: Orissa
Decided on: Dec-15-1976
Reported in: AIR1977Ori184; 43(1977)CLT372
R.N. Misra, J. 1. The State Transport Authority of Orissa (opposite party No. 1) invited applications from Transport Operators for grant of two permanent stage carriage permits for the route between Sambalpur within the State of Orissa and Ranchi within the State of Bihar. Twenty four persons applied for grant of such permits. At the meeting scheduled for consideration of those applications, ten applicants in all appeared. The Transport Authority after considering the respective claims of the parties decided to grant the permits to the respective petitioners of the present writ applications. One Retanlal Marothia, aggrieved by rejection of his application carried an appeal under Section 64 of the Motor Vehicles Act to the State Transport Appellate Tribunal (opposite party No. 2). The Appellate Authority set aside the grant of permits, held that the Transport Authority had no jurisdiction to consider and grant the permit to the petitioner in O. J. C. No. 33 of 1975 and remitted the matt...
State Vs. Mitu
Court: Orissa
Decided on: Dec-15-1976
Reported in: 1977CriLJ1018
P.K. Mohanti, J.1. This is a reference under Section 366 of the Code of Criminal Procedure by the learned Additional Sessions Judge of Puri for confirmation of the sentence of death passed by him upon Mity alias Narsingh Prusty of village Baghuapasi under Dasapalla Police Station in the district of Puri. There is also an appeal by the condemned prisoner. Both the reference and the appeal have been heard together and will be disposed of by this judgment.2. The prisoner along' with his son Indramani Prusty, Wife Padma Dei, daughter Puna Dei and brother Basudeb Prusty were jointly tried for causing the death of Sudar San Behera of village Digiri in furtherance of their common intention and for causing disappearance of the evidence of murder. After trial, the learned Judge acquitted accused Puna Dei and Padma Dei of all the charges framed against them. He convicted the prisoner under Section 302, Indian Penal Code and the other two accused, namely Indramani Prusty and Basudeb Prusty under ...
Registrar of Companies Vs. Utkal Distributors Private Ltd. and ors.
Court: Orissa
Decided on: Dec-10-1976
Reported in: [1978]48CompCas106(Orissa)
R.N. Misra, J.1. This is an appeal under Section 374 of the Code of Criminal Procedure, 1973, directed against the judgment of acquittal passed by a learned Magistrate acquitting the respondents of an offence punishable under Section 162(1) of the Companies Act, 1956 (hereinafter referred to as 'the Act').2. Complaint was laid by the Registrar of Companies on the allegation that the Utkal Distributors Private Ltd. was incorporated as a company under the Indian Companies Act of 1913, on April 28, 1948, and is an existing company as denned under Section 3(1)(ii) of the Act. Under Section 159 of the Act, the company and its directors had the statutory obligation to file with the Registrar an annual return in the prescribed form made up to the date of the annual general meeting. The annual general meeting of the year 1971 . was to be held on or before the 30th of September, 1971, and the return had to be filed before the Registrar on or before November 29, 1971, as provided under Section 1...
T. Narayan Rao Vs. Republic of India
Court: Orissa
Decided on: Dec-06-1976
Reported in: 43(1977)CLT330; 1977CriLJ1586
K.B. Panda, J.1. The appellant stands convicted Under Section 5(1)(d) of the Prevention of Corruption Act, 1947 (Act 2 of 1947) read with Section 5(2) thereof (hereinafter referred to as the Act) and also Under Section 161 of the Indian Penal Code. Under the first count, he has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 507/- in default to undergo rigorous imprisonment for a period of fifteen days more and under the second, to undergo rigorous imprisonment for a period of one year. The sentences have been ordered to run concurrently.2. It is alleged by the prosecution that the appellant received as bribe a sum of Rs. 30/-, three ten-rupee currency notes (marked M. Os. II to IV) from P. W. 9 on 27-4-1972 for making over to him the lease deed Ext. 17. Earlier on 12-7-1971 P. W. 9 had applied for lease of a strip of Railway land (100'x20') under Ex. 5, within Khallikote Railway station premises. The appellant was admittedly the Senior Clerk in the office...
The New India Assurance Co. Ltd. Vs. Chairman, Board of Directors, Ori ...
Court: Orissa
Decided on: Dec-02-1976
Reported in: AIR1977Ori91; 43(1977)CLT201
K.N. Misra, J.1. The Insurer has carried this Letters Patent Appeal against the appellate decision of a learned Single Judge arising out of a claim under the Motor Vehicles Act. The owner of the vehicle has filed a memorandum of cross-objection.2. The following facts are no more in dispute. The Orissa Mining Corporation Limited (hereinafter called the Corporation) owns two mines namely Uliburu Chromite Mines and Sakradihi Chromite Mines -- Both located within the district of Keonjhar. A private carrier truck bearing registration number ORJ 1377 of which the Corporation was the registered owner had been allotted to the Sakradihi Chromite Mines. One K. R. Dora, the deceased, employed as Mines Manager under the Corporation was the Manager of the Uliburu Chromite Mines. On 25-2-1964, Dora had come to Barbil to encash certain bills relating to his mines. While returning from Barbil, he found the aforesaid truck at Barbil and on his request, the driver of the truck accommodated him for the r...
Dadhi Baban Lenka Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-01-1976
Reported in: AIR1977Ori187; 43(1977)CLT316
S. Acharya, J. 1. The petitioner was posted as Deputy Ranger in the district of Bolangir from 1953 to 1957. While he was working as such the Divisional Forest Officer, Bolangir framed six charges against the petitioner, as contained in Annexure 2, and asked him to show cause why a disciplinary proceeding in respect of the said charges should not be started against him. The petitioner filed his representation against the same and thereafter the said charges with the representation of the petitioner were sent to the Chief Conservator of Forests. After the Chief Conservator of Forests approved the said charges, the disciplinary proceeding against the petitioner was referred to to the Administrative Tribunal as per the Government direction dated 9th March, 1963 to all its departments contained in Annexure A. The Tribunal, after recording evidence adduced by both the parties and on giving them a hearing, found the petitioner guilty only in respect of the three items of charge No. 1 and of c...
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