Orissa Court July 1976 Judgments
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Arakhita Bisoi Vs. Revenue Officer and ors.
Court: Orissa
Decided on: Jul-15-1976
Reported in: AIR1977Ori19; 42(1976)CLT796
R.N. Misra, J. 1. This is an application under Article 226 of the Constitution for a writ of certiorari. The original order of the Revenue Officer, the appellate order of the Sub-divisional Officer and the revisional order of the Additional District Magistrate-opposite parties 1, 2 and 3 respectively are assailed.2. Though several averments were made in the writ application, a lone contention has been pressed at the hearing. It is claimed that the appellate order of the Sub-divisional Officer (Annexure 2) was open to revision under Section 59 of the Orissa Land Reforms Act (hereinafter referred to as the 'Act') and yet the revisional authority (opposite party No. 3)' has rejected the application, saying that the same was not maintainable. As jurisdiction vested in the revisional authority and yet he has declined to exercise the same, his order is vitiated. Thus, the only question for examination is as to whether the impugned appellate order was open to revision before the opposite part...
Haripriya Dibya and ors. Vs. Pranabandhu Karan and ors.
Court: Orissa
Decided on: Jul-13-1976
Reported in: AIR1977Ori25; 42(1976)CLT949
R.N. Misra, J. 1. This is an application by a land owner and asks for a writ of certiorari to quash the order of the Board of Revenue passed in a revision application. During the pendency of the writ application, the original petitioner having died the present petitioners who are the legal representatives have been substituted in his place.2. The tenant made an application under Section 26 (2) of the Orissa Land Reforms Act (hereinafter referred to as the 'Act') which was posted to 5-8-1965 before the Revenue Officer. As there was a talk of settlement, the tenant submitted to the Revenue Officer that the case may be dropped. On 1-11-1966, the tenant again applied to the Revenue Officer to reopen the matter as there was no settlement. The Revenue Officer directed notice to the landlord fixing the matter to 16-11-1966, and reposted the matter to 2-1-1967 as by 16th November, the landlord had not been served with notice. In the meantime, on 24-12-1966, the Revenue Officer held a spot inqu...
Calcutta Insurance Ltd. Vs. Food Corporation of India and ors.
Court: Orissa
Decided on: Jul-13-1976
Reported in: AIR1977Ori37; 42(1976)CLT902
S. Acharya, J.1. Respondent No. 1 filed Money Suit No. 418 of 1972 in the court below against the appellant and respondents 2 and 3 for the realisation of certain amounts from the defendants. The plaintiff, respondent No. 1 herein, has laid his claim in the suit on the basis of certain defaults made by defendant No. 1, respondent No. 2 herein. The appellant and respondent No. 3 have been impleaded as defendants Nos. 2 and 3 respectively in the suit on the allegation that they as insurers and sureties are to indemnify the plaintiff for the loss or losses sustained by him on account of the defaults committed by defendant No. 1. Defendant No. 1 and defendant No. 3 both filed written statements without taking recourse to the provisions of Section 34 of the Arbitration Act. The appellant only filed a petition under Section 34 of the Arbitration Act requesting the court to stay the suit under the provisions of the said section, alleging therein that in the fidelity guarantee executed by it i...
Basanti Dei Vs. Bijayakrushna Patnaik and ors.
Court: Orissa
Decided on: Jul-12-1976
Reported in: AIR1976Ori218
P.K. Mohanti, J.1. This appeal by defendant No. 1 is against the confirming judgment of the learned Addl. District Judge, Dhenkanal passed in a suit for declaration of title to and recovery of possession of 0.55 acre of land appertaining to plot No, 3000 situated within the town area of Dhenkanal.2. Plots Nos. 2999 and 3000 are adjacent to each other. In the current settlement record-of-rights finally published in December, 1965 plot No. 2999 was recorded in the name of defendant No. 1 and plot No. 3000 in the name of the plaintiffs, vide Exts. D and 2. The plaintiffs' case was that their ancestors had allowed the father of defendant No. 1 to possess a portion of the homestead plot No. 2999 and after his death the defendants have been residing there. During the current settlement operations there was dispute between the parties with regard to plot No. 2999 but it was ultimately recorded in the name of defendant No. 1. When the plaintiffs were contemplating to file a suit against the de...
Allied Construction Co. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jul-09-1976
Reported in: AIR1976Ori221; 42(1976)CLT996
ORDERR.N. Misra, J.1. Petitioner is a firm of contractors which undertook construction of certain buildings for the defence authorities at Balasore and Chandipur. Two separate contracts were to be executed and petitioner was required to make initial security deposits of Rs. 60,000/-and Rs. 25,500/- which were to be in cash or at the request of the contractor could be in any prescribed alternative form as the authorities would approve. In the instant case, petitioner-firm furnished Bank guarantees for the aforesaid amounts through the Central Bank of India, Cut-tack Branch, and while the guarantee for Rs. 25,500/- was valid till 25-4-1975, the other one was to remain in force till 31-12-1975.Disputes arose between the contracting parties and on the basis of the arbitration clause contained in the contracts the petitioner-firm applied to the Court of the learned Subordinate Judge at Balasore under Sections 8 and 20 of the Arbitration Act for filing of the arbitration agreements and for r...
Commissioner of Income-tax Vs. Ganpatrai Gajanand
Court: Orissa
Decided on: Jul-09-1976
Reported in: 42(1976)CLT922
R.N. Misra, J. 1. The Income-tax Appellate Tribunal, Cuttack Bench, has stated this case at the instance of the Commissioner of Income-tax and referred the following question for the opinion of the court: 'Whether, on the facts and circumstances of the case and on a true interpretation of Section 271(1)(c) read with Sections 68 and 2(24) of the Income-tax Act, 1961, the Appellate Tribunal was right in requiring the revenue to prove that the amount added under Section 68 of the Act was in fact the income of the assessee to sustain the imposition of the penalty for concealment of such amount in the return of income ?' 2. Assessee is a firm deriving income from business in china clay and iron mines and the relevant year of assessment is 1965-66 corresponding to the accounting period ending on December 31, 1964. Assessee returned an income of Rs. 18,199 but the Income-tax Officer determined the same at Rs. 1,61,389. This amount of total income included a sum of Rs. 69,900 which the assesse...
Damodar Acharya Vs. Commissioner of Orissa Hindu Religious Endowments ...
Court: Orissa
Decided on: Jul-01-1976
Reported in: AIR1977Ori40; 42(1976)CLT989
S.K. Ray, Actg. C.J.1. This writ application has been filed under Articles 226 and 227 of the Constitution of India for quashing the order of the Assistant Commissioner of Endowments dated 18-7-1974 (Annexure-2) and the order of the Commissioner of Endowments dated 6-2-1975 (Annexure-3) passed in revision confirming the aforesaid order of the Assistant Commissioner of Endowments.2. The petitioner's case is that his ancestor, Arta Dev Acharya, had constructed a temple and installed Shri Dadhibaman Jew therein in a part of his residential premises and had endowed 15 acres of his Bramhottar Inam lands to the deity. The said Arta Dev Acharya and his successors looked after the management of the institution of Shri Dadhibaman Jew and its endowed properties. Thus, Arta Dev Acharya and after him his successors-in-interest constituted hereditary trustees of the said institution.3. One of the co-sharers of the petitioner. Nilakantha Acharya, commenced a proceeding under Section 41 of the Orissa...
Maya Mukherjee and ors. Vs. the Orissa Co-operative Insurance Society ...
Court: Orissa
Decided on: Jul-01-1976
Reported in: AIR1976Ori224; 42(1976)CLT1129
R.N. Misra, J. 1. At about 1.00 P. M. on 29-5-1970, one Asis Mukherjee, then employed as an Accountant of the United Bank of India, Bhubaneswar Branch, while proceeding on a motor cycle to office from his residence emerged from a side lane into the main road inUnit No. III of New Capital area of Bhubaneswar running by the side of the then Chief Minister's official residence and one Raghu Swain was being carried on the backside of the said motor cycle. At that time on the main road running from the railway station to the Secretariat and passing in front of the then Chief Minister's official residence, an ambassador car bearing registration No. ORP 2186 of M/s. Indersons Construction, Bhubaneswar, was being driven by its driver in which O. P. W. 1 Abhoy Charan Mohanty, an employee of the owner of the vehicle, was the sole occupant. At the intersection of the roads towards the extreme left, the motor cycle dashed against the right side of the motor car as a result of which Mukherjee susta...
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