Orissa Court January 1979 Judgments
Dalmia Institute of Scientific and Industrial Research Vs. Income-tax ...
Court: Orissa
Decided on: Jan-30-1979
Reported in: 47(1979)CLT589; (1979)10CTR(Ori)315; [1979]118ITR575(Orissa)
R. N. MISRA J. - These are four applications by a common petitioner-Dalmia Institute of Scientific and Industrial Research (hereinafter referred to as the 'Research Institute') - and have been filed challenging the validity of the notices issues under s. 148 of the I. T. Act of 1961 (hereinafter referred to as 'the Act') in respect of the assessment years 1973-74, 1974-75, 1975-76 and 1976-77 and asking for a writ of prohibition against the revenue in the matter of acting upon such notices.Admittedly, the petitioner is a society registered under the Societies Registration Act, 1860 (Central Act XXI of 1860). On 1st January, 1972, the Government of India notified the approval of the Council of Scientific and Industrial Research being the prescribed authority for the purpose of cl. (ii) of sub-s. (1) of s. 35 of the Act that any sum paid to the Research Institute for being used for scientific research would be allowed as a deduction under s. 35 of the Act. The petitioner maintains that u...
Tag this Judgment!Bhima Nayak and ors. Vs. Panjashaw Durgah and ors.
Court: Orissa
Decided on: Jan-29-1979
Reported in: 48(1979)CLT70; 1979CriLJ1200
ORDERS. Acharya, J.1. This criminal revision has been filed to quash the order dated 8-11-1973 in M. C. No. 10/78 passed by the Executive Magistrate, Aska, converting a proceeding under Section 144, Cr. P.C. to one under Section 145, Cr. P.C. and issuing an order attaching the crops on the lands in question and keeping the same in the custody of the local Revenue Inspector and prohibiting both the parties to go upon the said lands. The petitioners in this criminal revision are members of the second party and the opposite parties are members of the first party in the said proceeding. The impugned order was passed ex parte on hearing the Advocate for the first party and on perusing the report of the Officer-in-Charge, Aska P. S., which had been called for by the Magistrate on the filing of a petition under Section 144 Cr. P.C. by the opposite parties herein.2. It is submitted by the learned Counsel for the petitioners that the proceeding under Section 145, Cr. P.C. should be quashed as b...
Tag this Judgment!K.C. Rout Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-24-1979
Reported in: AIR1979Ori120; 47(1979)CLT407
R.N. Misra, J.1. This is an application under Article 226 of the Constitution for a direction to the opposite parties to put the petitioner in possession of the land leased out to him under a registered deed of lease dated 14-1-1976,2. Petitioner alleges that the State of Orissa opposite party No. 1 leases out homestead plots within the New Capital area of Bhubaneswar for residential purpose in terms of the guidelines Laid down under executive instructions. On the basis of an application of the petitioner the State Government in the Political and Services Department allotted plot No. 313-A measuring 87' x 75' in Kharabela Nagar. Unit No. III, and a regular deed of lease was executed in his favour by the Governor of Orissa and was got duly registered on 30-12-1970. When the petitioner asked for possession thereof, there was dispute over the occupation of the land and the Labour Department of the State Government did not permit the petitioner to take possession on the ground that in an e...
Tag this Judgment!Rajkishore Prasad and ors. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jan-23-1979
Reported in: AIR1979Ori96; 47(1979)CLT451
ORDERN.K. Das, J.1. Plaintiffs are petitioners against an order rejecting their petition filed under Order 11, Rule 12 of the Civil P. C. Plaintiffs filed a suit for permanent injunction restraining the defendants from interfering with their possession and not to come over their land or change the status quo thereof. The dispute relates to a portion of a plot belonging to the Jagannath Road Fund Trust. It is contended by the plaintiffs in the plaint that their father was a lessee in respect of the property inquestion and had erected a house thereon. After expiry of the lease period, at the instance of the Jagannath Road Fund, demand was made for depositing money for renewal of the lease and money was accordingly deposited. Though the formal lease deed has not yet been executed, the plaintiffs have been in possession of the land with the present structures standing thereon. During the period of Emergency, all of a sudden some officers of the State Government and of the Municipality alon...
Tag this Judgment!Rajkishore Baral Vs. Commissioner of Endowment and ors.
Court: Orissa
Decided on: Jan-15-1979
Reported in: AIR1979Ori169; 47(1979)CLT341
R.N. Misra, J. 1. A common petitioner has filed these two separate writapplications challenging the order of the Additional Assistant Commissioner of Endowments constituting a board of non-hereditary trustees and the order of the Commissioner refusing to revise the same on an application under Section 9 of the Orissa Hindu Religious Endowments Act of 1951 (hereinafter referred to as the 'Act') in respect of two separate deities. The first writ application is in relation to Sri Swapneswar Dev while the other one is in respect of Sri Kunjabehari Dev, bothlocated in village Anda within Khurda area of the district of Puri.2. Petitioner maintains that he is a member of the Hindu public interested in the good administration of the two endowments. The Additional Assistant Commissioner by his order dated 17-7-1978, constituted a board of non-hereditary trustees as provided under Section 27 of the Act, Petitioner maintains that there should have been an appropriate inquiry before the appointmen...
Tag this Judgment!Artabandhu Mohapatra and ors. Vs. Bisweswar Bhutia and ors.
Court: Orissa
Decided on: Jan-12-1979
Reported in: AIR1979Ori110; 47(1979)CLT420
R.N. Misra, J.1. Legal representatives of the plaintiff are in appeal against the affirming judgment and decree of the learned Additional District Judge of Dhenkanal in a suit for title, confirmation of possession and permanent injunction.2. O. S. No. 40 of 1954 had been filed on 11-3-1954 for recovery of possession from the plaintiff on the allegation that the defendant had been forcibly dispossessed on 16-12-1953 and the suit was decreed for recovery of possession on 7-7-1955. Execution of the decree had been levied and the last execution case being No. 12 of 1966 for recovery of possession was pending when on 19-12-1966, the plaintiff filed the present action being Title Suit No. 75 of 1966 alleging in para 12 of the plaint :--'That as the defendants are not to dispossess the plaintiff from the suit land by levying execution of the decree in O.S. No. 40 of 1954, vide Execution Case No. 12 of 1966, pending in the court of the Munsif, Dhenkanal, and since in the Settlement of 1965 the...
Tag this Judgment!Paramananda Fateshingh and ors. Vs. Labanya Bewa and ors.
Court: Orissa
Decided on: Jan-12-1979
Reported in: AIR1979Ori132
ORDERS. Acharya, J.1. Defendants 1 and 2 to O.S. No. 159/72 in the court of the Munsif, Khurda, have preferred this revision against the order of the trial court rejecting their prayer to examine defendant No. 2 on 27-2-1978 as a witness in the suit.2. The hearing of the suit started on 20-2-1978. For the first time the witness for the defendants were examined on 23-2-1978. On that date defendant No. 2 was not present and so he could not be examined as a witness. Of course no petition to enable this defendant to be examined on a subsequent date was filed. On the next day i.e. on 24-2-78, when 3 other witnesses on behalf of the defendants were to be examined andwere actually examined, a petition on behalf of the defendants was filed to enable defendant No. 2 to be examined as a witness in this case on a later date, as he, due to unavoidable reasons could not come to the court on that date. The court below dismissed the said petition on taking a very strict and conservative view of Rule ...
Tag this Judgment!Surajbali Ram and anr. Vs. Dhani Ram and ors.
Court: Orissa
Decided on: Jan-12-1979
Reported in: AIR1979Ori101
Panda, J.1. The two petitioners, who are brothers and tenants under opposite party No. 1, in this application seek annulment of the eviction order passed against them under the Orissa House Rent Control Act, 1967 by the appellate authority on 4-8-1978 (Annexure 8).2. This is a typical case exemplifying the desperate efforts made by the tenants to perpetuate their possession by all conceivable methods -- doubtful and dubious.3. Facts necessary for the disposal of this writ petition may be stated as follows :---Dhani Ram, opposite party No. 1, is alleged to be the owner of a pucca house appertaining to Holding No, 38 in Ward No. 24 of Cuttack Municipality. The ground floor of that building has got two units. A pucca wall separates these two units and divides the well lying at the centre into two halves. These halves, therefore, can conveniently be described as 'eastern part' and 'western part'. The western part is cross marked in red ink and that is the property from which eviction was s...
Tag this Judgment!Sabitri Debi and anr. Vs. Baikuntha Das and anr.
Court: Orissa
Decided on: Jan-11-1979
Reported in: AIR1979Ori140; 47(1979)CLT266
ORDERP.K. Mohanti, J. 1. This civil revision is directed against an order refusing to send a disputed document to the Handwriting Expert for examination.2. One Gadadhar Das died leaving behind him a daughter named Agani. Petitioner No. 2 is the husband's brother of Agani. Petitioner No. 1 is the wife of petitioner No. 2. Opposite Party No. 1 Baikunthanath Das claims to be the adpoted son of Gadadhar. He filed Title Suit No. 99 of 1975 for eviction of the petitioners Nos. 1 and 2 from the suit land alleging that they were mere licensees in respect of the same.The suit was resisted by the petitioners on the ground that the land in suit had been orally gifted to them by late Gadadhar Das in the year 1949 and they have acquired title to the same by adverse possession. They claimed to have constructed a house on the suit land after it was orally gifted to them.3. In course of trial, the petitioners relied upon a post card letter dated 30-12-1953 alleged to have been written by late Gadadhar...
Tag this Judgment!Ramachandra Misra and anr. Vs. Addl. Director of Public Instruction (S ...
Court: Orissa
Decided on: Jan-10-1979
Reported in: AIR1979Ori141; 47(1979)CLT306
R.N. Misra, J. 1. Petitioners are members of the Managing Committee of the Rajanagar High School which is an aided educational institution. By notice dated 16-11-77 (Annexure-1), the Additional Director of Public Instruction (Schools) called upon the members of the Managing Committee to show cause as to why the said Committee may not be superseded and reconstituted as provided under Section 11(1) of the Orissa Education Act, 1969 (hereinafter referred to as the 'Act'). After cause was shown, on 25-7-1978, the Additional Director superseded the Managing Committee and put the Inspector of Schools, Cuttack-III Circle as Special Officer to exercise the powers and functions of the Committee in respect of the School till re-constitution of the Managing Committee. The initiation of the proceeding and the order of supersession are assailed in this proceeding on the ground that the Additional Director of Public Instruction has no jurisdiction under the Act to initiate the same or make the impug...
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