Orissa Court May 1977 Judgments
Chandrabhanu Gountia Vs. Durbadal Naik and ors.
Court: Orissa
Decided on: May-26-1977
Reported in: 44(1977)CLT173; 1977CriLJ1593
ORDERS. Acharya, J.1. The first party in a proceeding Under Section 145 Cr. P. C., has preferred this revision against the order passed by the learned Additional Sessions Judge, Sambalpur in Criminal Revision No. 23(3)(S) of 1974-75 remanding the case to the trial court for a fresh determination of the question of possession involved in this proceeding after taking into consideration the affidavits sworn and the written statements filed in the Court of the S.D.O., Sambalpur and in the court of Shri A. R. Sabat, another First Class Magistrate at Sambalpur. In view of the limited question involved in this revision, it is not necessary for me to state here the respective cases put forward by the contesting parties on the question of possession of the disputed property.2. Mr. Basu, the learned Counsel for the opposite parties, at the outset opposed the maintainability of this revision on the ground that the impugned order being an interlocutory order in the proceeding, Section 397(2), Cr. ...
Tag this Judgment!The Orissa Mining Corporation Ltd. and anr. Vs. the Joint Secretary (R ...
Court: Orissa
Decided on: May-20-1977
Reported in: AIR1978Ori96
S.K. Ray, J.1. The petitioner No. 1 is the Orissa Mining Corporation Limited (a Government of Orissa Undertaking) a company having its registered office at Bhubaneshwar and having its Iron Ore Mines at Daitari in the district of Keonjhar. Petitioner No. 2 is the Chairman of the Orissa Mining Corporation Limited. The business of the company, inter alia, is development of the mining prospects of the State of Orissa by introducing mechanised iron ore mining at Daitari and in recovering, selling and exporting commercial grade iron ore from the said mine.2. Petitioner No. 1 entered into two contracts (original and supplementary) with Messrs. NIKEX Hungarian Trading Company of Budapest for supply and erection of an iron ore dressing plant at Daitari. Under the project Import (Registration of Contract) Regulations, 1965, the two contracts bearing Nos. Section 37C(G) Proj-3/66A and S 37C (G) Proj-269A were registered on February 24, 1966 and February 24, 1969 respectively in the Customs House ...
Tag this Judgment!State Vs. Gouranga Sahu
Court: Orissa
Decided on: May-20-1977
Reported in: 1978CriLJ276
R.N. Misra, J.1. The Reference is Under Section 366(1) of the Cr.PC 1973, for confirmation of the sentence of death imposed on Gouranga Sahu by the learned Sessions Judge of Dhenkanal for the offence punishable Under Section 302, I.P.C. Criminal Appeal No. 47 of 1977 is by the said Gouranga against his conviction and sentence while Criminal Appeal No. 48 of 1977 is by the co-accused Prahallad Sahu alias Choudhary against his conviction Under Section 302/109, IPC and sentence of rigorous imprisonment for life. All the three matters have been heard together and are being disposed of by this common judgment.2. Briefy stated, the prosecution case is : The deceased Kartik Chandra Mohanty was the Sub-Inspector of Police attached to the Bantalo Police Station in the Angul area of the district of Dhenkanal. Appel-lant Prafeallad Choudhury happens to be am influential person of the locality. He had) beem arrested on more than one occasion by the deceased police officer in execution of warrants ...
Tag this Judgment!Durjyodhan Palei and ors. Vs. Padana Charan Das and ors.
Court: Orissa
Decided on: May-18-1977
Reported in: 44(1977)CLT397
S. Acharya, J.1. The plaintiffs instituted the suit under Order 1, Rule 8, C. P. C. representing the villagers of Gunadia and Natara for a declaration that the suit lands are all communal lands. In respect of plot No. 351 in khata No. 106 of village Gunadia, the plaintiffs' alternative case is that defendant No. 1, the owner of that suit plot of land had entered into an agreement to execute a registered sale-deed in favour of the villagers of Gunadia and Natara in respect of the said plot of land and that in spite of notice he has so far not executed the said sale-deed, and so a decree for the said contract be passed in favour of the plaintiffs.2. As this appeal is confined only to the plaintiffs' case in respect of the said plot No. 351, it is not necessary for me to state here the respective cases pleaded by both the parties in respect of the other suit plots.3. The defendant No. 1's case in his written statement in respect of plot No. 351 is that the said plot is not a communal land...
Tag this Judgment!Dr. H.K. Mahatab Vs. Income-tax Officer, Ward b and ors.
Court: Orissa
Decided on: May-17-1977
Reported in: 44(1977)CLT148
R.N. Misra, J. 1. This is an application for a writ of certiorari to quash a notice issued under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and for a direction prohibiting the revenue from taking any proceeding in terms of the notice. 2. Petitioner is an assessee under the 'Act and for the assessment year 1958-59 a regular assessment under Section 23(3) of the Indian Income-tax Act, 1922, had been completed for the year as per annexure '10'. By notice dated 16th January, 1974, under Section 148 of the Act, the Income-tax Officer, Ward-B (opposite party No. 1), issued a notice to the petitioner to the following effect: 'Whereas I have reason to believe that your income chargeable to tax for the assessment year 1958-59 has escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961. I, therefore, propose to reassess the income for the said assessment year and I hereby require you to deliver to me within 30 days from the date of s...
Tag this Judgment!Dr. H. K. Mahatab Vs. Income-tax Officer, Ward b, Bhubaneswar, and Oth ...
Court: Orissa
Decided on: May-17-1977
Reported in: [1978]111ITR900(Orissa)
R. N. MISRA J. - This is an application for a writ of certiorari to quash a notice issued under section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and for a direction prohibiting the revenue from taking any proceeding in terms of the notice.Petitioner is an assessee under the Act and for the assessment year 1958-59 a regular assessment under section 23(3) of the Indian Income-tax Act, 1922, had been completed for the year as per annexure '10'. By notice dated 16th January, 1974, under section 148 of the Act, the Income-tax Officer, Ward-B (opposite party No. 1), issued a notice to the petitioner to the following effect :'Whereas I have reason to believe that your income chargeable to tax for the assessment year 1958-59 has escaped assessment within the meaning of section 147 of the Income-tax Act, 1961.I, therefore, propose to reassess the income for the said assessment year and I hereby require you to deliver to me within 30 days from the date of service o...
Tag this Judgment!Jugal Kishore Mangaraj Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-1977
Reported in: AIR1977Ori165; 44(1977)CLT119
R.N. Misra, J.1. This is an application for a writ of certiorari to quash the order of termination of service.2. By order dated 25-2-1971, petitioner was appointed as a forester and it was stated :-'... The appointment is purely temporary and terminable at any time without assigning any reason therefor and also the services are terminable when the candidates sponsored by the Planning and Co-ordination Department will join.' On 4th of Dec. 1973, petitioner's services were terminated in terms of the following order: 'The services of Shri J, K. Mangaraj, Forester on Special Duty with headquarters at Panasput are hereby terminated with immediate effect as per the conditions of his appointment order.' A copy of the aforesaid order was communicated to the petitioner with the following note: 'Copy forwarded to Shri J. K. Mangaraj, Forester, C/o Shri Bidyadhar Chaudhury, Bolagarh, Dist-Puri for information and necessary action in continuation of this office memo No. 5519 (2) dated 27-11-73 an...
Tag this Judgment!State Vs. Babaji Sahoo and anr.
Court: Orissa
Decided on: May-16-1977
Reported in: 43(1977)CLT660; 1977CriLJ1591
ORDERP.K. Mohanti, J.1. In a criminal trial before the Subdivisional Judicial Magistrate of Rairakhol the opposite party Babaji Sahu and one Abatar Singh were convicted, on their own plea of guilty, Under Section 7 of the Essential Commodities Act, 1955 for transporting Q. 8.77. 500 Grams of rice from Sambalpur to Cuttack in contravention of the provisions of Clause 3 of the Orissa Rice (Control on Inter-district Movement) Order, 1973 read with Government of Orissa Notification No. 32228-FG-IC-32/73 (SRO No. 1024/73) dated 24th November, 1973 and were sentenced to pay a fine of Rs. 200/- each or in default to undergo R.I. for 15 days each although in a case of this type substantive sentence of imprisonment is mandatory. Attention of this Court having been drawn to the inadequacy of sentence, the present proceedings were started suo motu and notices were issued to both the accused persons to show cause why the sentences passed on them should not be enhanced. In pursuance of the notice, ...
Tag this Judgment!Kelu Rout Vs. Jayananda Rout and anr.
Court: Orissa
Decided on: May-11-1977
Reported in: AIR1977Ori167; 44(1977)CLT186
P.K. Mohanty, J.1. This is a plaintiff's appeal against a reversing decree arising out of a suit for declaration of title to, confirmation or in the alternative recovery of possession of the suit land and for issue of permanent injunction restraining the defendants from interfering with the plaintiff's possession.2. The plaintiff's case runs thus: One Hari Bhoi was the recorded raiyat in respect of the suit land. The land was lying fallow and the plaintiff, after constructing a small thatched hut, began to live there. Subsequently, the said Hari Bhoi sold the land to the plaintiff for a sum of Rs. 95/- under an unregistered sale deed dated 18-3-65 and gave formal delivery of possession thereof to him. The plaintiff, after his purchase, improved the suit land, constructed a two-roomed house thereon and possessed the same on payment of rent to the landlord. On 8-2-63 the defendants 1 and 2 obtained a fraudulent sale deed from the said Hari Bhoi and got their names mutated in respect ther...
Tag this Judgment!Ajit Kumar Sur Vs. Commissioner of Income-tax and ors.
Court: Orissa
Decided on: May-10-1977
Reported in: 44(1977)CLT297; [1977]110ITR114(Orissa)
R.N. Misra, J.1. These are six applications by a common petitioner for quashing of the consolidated order passed by the Commissioner of Income-tax, Orissa, Bhubaneswar, in six applications of the petitioner under Section 264(1) of the Income-tax Act of 1961 (hereafter referred to as 'the Act') registered as Income-tax Revisions Nos. 66 to 71 of 1974-75. The relevant assessment years are 1965-66, 1966-67, 1967-68, 1970-71, 1971-72 and 1972-73. The assessee, an individual, is a Hindu, governed by the Dayabhaga school of law. He has interest in certain immovable properties located at Cuttack and Angul and in his returns for these years, he disclosed one-third share of the income from these properties and the disclosed income from these sources was included in the respective assessments. The assessee preferred appeals against each of the assessments but had not raised a ground challenging the inclusion of the one-third share income of rent from the aforesaid property in his assessments for...
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