Orissa Court August 1980 Judgments
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Gade Narayan Murty Vs. Berhampur Municipality
Court: Orissa
Decided on: Aug-12-1980
Reported in: AIR1981Ori29; 50(1980)CLT566
ORDERR.N. Misra, J. 1. Defendant is in appeal against the affirming decree passed by the Additional Subordinate Judge of Berhampur. Plaintiff-Municipal Council, filed a suit in terms of Section 170 of the Orissa Municipal Act against the defendant, owner of holding No. 406 (dour number) in Ward No. 13 for recovery of taxes , for the four quarters of 1972-73 and prayed for the holding itself to be subjected to a charge for the decree. The defendant contended that the enhancement of the existing tax had been made without any enquiry or notice to him. It may be pointed out that the enhancement was done in two stages -- once from the existing tax of Rs. 25.13 paise per quarter to Rs. 139.80 paise per quarter and again from RS. 139.80 paise per quarter to Rs. 158.74 paise per quarter. These were more or less connected with extensions to the existing constructions. Defendant had challenged the enhancement by way of appeal under the Act and the appellate authority had granted a small reductio...
Krupasindhu Misra and anr. Vs. Gobinda Chandra Misra and ors.
Court: Orissa
Decided on: Aug-12-1980
Reported in: AIR1980Ori199; 50(1980)CLT393
R.N. Misra, J. 1. Legal representatives of the original plaintiff have brought this appeal against the reversing judgment and decree of the learned Additional District Judge of Cuttack in a suit for title, possession and recovery of damages as also mesne profits. Plaintiff claimed that he and his co-sharer (the second defendant) purchased plot No. 2441 with an area of 60 decimals along with certain other properties in the year 1940 and ever since then they have been in possession as owners. In a partition between the co-sharers made subsequently the disputed property came to the plaintiff as exclusive owner. On a part of this plot he raised a house and continued to enjoy the vacant site as a threshing-floor. Plaintiff being an advocate's clerk usually stayed away from home. Defendant No. I happens to be the owner of plot No. 2442 adjoining the disputed property on the south. The property covered by plot No. 2441 vested in the State under the provisions of the Orissa Estates Abolition A...
Bijuli SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-1980
Reported in: 50(1980)CLT358; 1981CriLJ583
ORDERN.K. Das, J.1. The petitioner was the driver of truck No. ORG 1445. He has been convicted under Sections 279 and 304-A Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months and one month respectively, both the sentences to run concurrently. It is alleged that on 9-4-1974 at about 8-30 a. m. the petitioner caused an accident while driving rashly and negligently endangering human life, and in the accident a cyclist was knocked down with injuries. Thereafter the truck dashed against a bullock-cart driven by P. W. 2. Due to such accident the cart-man was also thrown out and was injured. The defence is denial.2. Both the courts below have relied on the testimony of P. Ws. 1, 2 and 7 and have convicted the petitioner on the ground that as the road was wide but still such an accident took place, it should be presumed that the petitioner was driving rashly and negligently.3. The truck was burnt by the local people at the spot. So the Motor Vehicle Inspec...
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