Orissa Court April 1977 Judgments
Krishna Stores Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Apr-28-1977
Reported in: [1979]43STC64(Orissa)
R.N. Misra, J.1. The petitioner is a firm carrying on business at Kantabanji in the district of Bolangir and has been registered as a dealer under the Orissa Sales Tax Act (hereinafter referred to as the 'Act'), with registration number B.P. 11-93. The Sales Tax Officer reassessed the dealer for the year 1969-70 under the provisions of Section 12(8) of the Act and completed the assessment under Section 12(4) of the Act for the year 1970-71. Both the order of reassessment as also the order of assessment were made on 27th May, 1972, and by these, additional tax was demanded for both the years. The assessee preferred appeals before the Assistant Commissioner of Sales Tax at Bolangir and its appeals were registered as Appeals Nos. 17 and 18 of 1972-73. Both these appeals were dimissed summarily on account of non-removal of defects which had been pointed out by the appellate authority and no further steps were taken against the said appellate decisions. The Assistant Commissioner of Sales T...
Tag this Judgment!M.S. Jaggi Vs. Subaschandra Mohapatra
Court: Orissa
Decided on: Apr-27-1977
Reported in: 1977CriLJ1902
ORDERS.K. Roy, J.1. This is a revision petition to set aside the order dated 23-11-1976 passed by the S. D. J. M., Cuttack in a proceeding Under Section 457, Cr. P. C., registered as Misc. Case No. 504 of 1976.2. In course of investigation in connection with Manglabag P. S. Case No. 483 of 1976, the I. O. seized certain movable properties from the de facto possession of the opposite party and left the same in his zima. Before any final form was submitted in the aforesaid case, the opposite party filed an application Under Section 457, Cr. P. C. before the S. D. J. M. praying for an order directing the police not to remove those seized properties from his custody until the submission of the final form. This application of the opposite party was resisted by the petitioner claiming those properties to be his. His story is that those properties were the subject-matter of a 145 proceeding (Criminal Misc. Case No. 141 of 1975) in which the petitioner, the opposite party and one G. N. Mohanty...
Tag this Judgment!Ram Krushna Panda Vs. the Sub-divisional Officer and ors.
Court: Orissa
Decided on: Apr-26-1977
Reported in: AIR1977Ori219; 44(1977)CLT217
S.K. Ray, J.1. This is an application under Arts. 226 and 227 of the Constitution of India for quashing the order dated 11-6-74 of the S. D. p. Dharamgarh passed in a proceeding under Section 23 of the Orissa Land Reforms Act (hereinafter called the Act) imposing a penalty of Rs. 2,400/- on the petitioner (Annexure-1), the appellate order dated 2-11-74 of the A. D. M. Kalahandi passed in appeal from the order of the S. D. O. in Revenue Appeal No. 11 of 1974 (Annexure 2) reducing the fine to Rs. 200/-, and the order dated 31-1-76 passed in revision by the Board of Revenue in Revision Case No. 85 of 1974 (An-nexure-3) confirming Annexure-2.2. It is not in dispute that opposite party No. 4 is a member of scheduled tribes and the petitioner is a person not belonging to scheduled tribes. Opposite party No. 4 transferred, under a registered mortgage deed dated 30-4-1969, A.3.13 dec. of land to the petitioner for a consideration of Rs. 800/-. As disclosed by an enquiry caused to be made throu...
Tag this Judgment!S. Appa Rao Vs. Umakanta Tripathy and ors.
Court: Orissa
Decided on: Apr-26-1977
Reported in: AIR1977Ori222; 44(1977)CLT104
ORDERN.K. Das, J.1. The petitioner filed a Money Suit against opposite parties 2 to 4 for recovery of Rs. 10,832.50 on the basis of a promissory note. He obtained decree on 30-9-69 and filed execution case in 1974 for realisation of the decretal dues. He attached the disputed property on 3-7-69. Opposite party No. 1 filed a petition under Order 21, Rule 58, C. P. C. to release A.O.025 dec. of land from attachment on the ground that he obtained a decree for specific performance of contract against opposite party No. 3 on 27-9-75 in Title Suit No. 257 of 1969. The contract in favour of opposite party No. 1 is dated 15-8-1968. The petitioner challenged the application by opposite party No. 1 on the ground that the contract in his favour was illegal and the property having been attached on 3-7-69, opposite party cannot have any right or interest in the property. The application filed by opposite party No. 1 was allowed by the learned Additional subordinate Judge. As against the said order,...
Tag this Judgment!Surendra Kumar Lath Vs. State
Court: Orissa
Decided on: Apr-25-1977
Reported in: 43(1977)CLT671; 1977CriLJ1399
ORDERS. Acharya, J.1. The petitioner stands convicted for the offences under Rules 43(5) and 46(5) of the Defence and Internal Security of India Rules, 1971 (hereinafter referred to as the 'Rules') and has been sentenced to R. I. for six months on each count. He also stands convicted Under Section 143, I. P. C. and has been sentenced thereunder to undergo R. I. for two months. The sentences have been ordered to run concurrently.2. The prosecution case against the petitioner, in short, is that the petitioner, along with four other persons, who were tried together in the same trial, were members of a banned organisation, and they on 18-12-1975 at about 5.30 P. M. came out in a procession in the Sambalpur town shouting objectionable and prejudicial slogans and were holding two placards (M. Os. I and II) containing prejudicial reports. While they were so moving in a procession, the petitioner and the other four persons with him were apprehended near the Gol Bazar Crossing, and the placards...
Tag this Judgment!Sheik Khalilur Raheman Vs. Estate Officer and ors.
Court: Orissa
Decided on: Apr-12-1977
Reported in: AIR1977Ori201; 43(1977)CLT622
S.K. Ray, J. 1. This is an application by a lessee of the State of Orissa to quash Annexure 1 (final order of O. P. No, 1) and Annexure 4 (appellate order) passed in eviction proceedings under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Act).The petitioner obtained lease of a piece of land measuring 45 ft. x 80 ft. in extent comprised in plot No. 15A situated in Unit' No. 1 at Bapuji Nagar from the State of Orissa. The lease deed was executed on 20-9-1970 and possession was delivered through the Revenue Inspector of P. & S. Department on 9-2-1971. At the time of allotment a plan of the leasehold premises was prepared which in this case is drawing No.C.5417. According to it the leasehold property was bounded as follows:--North -- Plot No 15-BSouth -- Plot No. 15East -- Govt. land and road,and West -- 18' wide lane.2. It is admitted that the usual procedure at the time of delivery of possession of the leasehold property is to ...
Tag this Judgment!Mangobinda SwaIn and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-12-1977
Reported in: 1978CriLJ127
P.K. Mohanti, J.1. The appellant along with one Chintamani Naik stood charged Under Section 302 read with Section 34, IPC for having caused the death of Bharamar Khuntia and his wife Harsa Dei on the midnight of 27-8-1974. Alter trial, the learned Additional Sessions Judge of Cuttack convicted all the four accused persons Under Section 302/34, IPC and sentenced each of them to undergo imprisonment for life. The convict Chintamani Naik died during the pendency of this appeal.2. The prosecution case may be briefly stated as follows :-The deceased and the accused persons are co-villagers. There were several litigations between their families for some years prior to the incident. On 27-6-1974 P. W. 5 Banshidhar Khuntia along with his two sons Brjaya and Bharamar (the deceased) had been to Banki to attend to a criminal case brought against them by appellant No. 1 Managovinda Swain. On that date judgment in the criminal case was delivered and P. W. 5 and his two sons were acquitted. They ret...
Tag this Judgment!Western Coal Fields Ltd. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Apr-11-1977
Reported in: 43(1977)CLT648; [1977]40STC225(Orissa)
R.N. Misra, J.1. Both these applications are by a common petitioner, the Western Coal Fields Limited which is a Government company owned by the Central Government with its registered office in the State of Maharashtra. Under Central Ordinance 1 of 1973, the management of all the coal mines in the country were taken over by the Government of India pending a scheme of nationalisation of such mines and with effect from 30th January, 1973, the management of all the coal mines vested in the Central Government. Subsequently, the Coal Mines (Taking Over of Management) Act (15 of 1973) was duly enacted and from 1st May, 1973, the mines were nationalised. The period between 30th January, 1973, till 30th April, 1973, was described as the management period and during this intervening gap, the Government of India managed the collieries on behalf of the owners. Under the Coal Mines (Nationalisation) Act (26 of 1973) the coal mines specified in the schedule thereto stood vested absolutely in the Cen...
Tag this Judgment!Khirod Chandra Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-07-1977
Reported in: 44(1977)CLT43; (1978)ILLJ137Ori
R.N. Misra, J.1. Petitioner was recruited on 9.11-1963 as an amin under the Delta Land Acquisition Organisation set up in the year 1956. The scale of pay of amins working in the various departments of Government throughout the State including the Delta Land Acquisition Organisation was Rs. 70.1-75-2-95 per month besides dearness allowance and additional dearness allowance admissible to Government servants. With effect from 1.1.1965, Government decided to enhance the pay scale of amins working in the Settlement Department from Rs. 70 95 to Rs. 80-120. Amins employed under the P. &. S. Department and Town Planning & Capital Administration in the Urban Development Department demanded the same enhanced scale and in due course that also was extended to them. Employees in Land Acquisition Organisation including the petitioner demanded the benefit of enhancement of scale of pay and on the recommendation of the Land Acquisition Officer, the Power & Irrigation Department of the State Government...
Tag this Judgment!Smt. Kamal Ray Vs. Bhagabat Singh
Court: Orissa
Decided on: Apr-05-1977
Reported in: AIR1977Ori206; 44(1977)CLT22
ORDERS.K. Ray, J. 1. This is a plaintiff's revision petition directed against order D/- 22-4-76 of the Munsif, Bhubaneswar setting aside the ex parte decree passed against the opposite party under Order 9, Rule 13, C. P. C.2. The petitioner filed O. S. No. 46 of 1971-I for declaration of his title to the suit property, for recovery of possession thereof after evicting the defendant therefrom and for cost and other ancillary reliefs. The suit was decreed ex parte on 25-1-74, A petition under Order 9, Rule 13 was filed for setting aside the ex parte decree. The plea of the opposite party was that the plaintiff obtained the ex parte decree against him by fraudulently suppressing summons, and that he became aware of the decree passed against him ex parte on 29-1-75 and filed his application under Order 9, Rule 13 on 12-2-75 within 30 days thereof.3. Mr. Swamy's contention is that the application under Order 9, R, 13 was hopelessly barred by limitation not having been filed within the time ...
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