Orissa Court February 1981 Judgments
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Chintamani Bhanja (Deceased by L.R.) Vs. Gokula Chandra Bhanja and ors ...
Court: Orissa
Decided on: Feb-27-1981
Reported in: AIR1982Ori113
ORDERR.N. Misra, C.J. 1. This application by defendant No. 1 in a suit for permanent injunction calls in question the order dated 12-2-79 passed by the Munsif, Banki, by which he has rejected an application of the defendant that the suit has abated In view of Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972. 2. The plaintiff claimed a decree for permanent injunction against the defen-dants by claiming title in himself Defendant No. 1 alone entered contest by filing a written statement on 13th April, 1973 wherein challenge to the title claimed by the appellant was raised, An application was made by defendant No. 1 that the suit has abated in view of the fact that the lands come within the village covered by the consolidation notification. The learned Munsif did not accept the assertion of defendant and held that the suit does not abate, 3. Section 4 (4) of the Act provides:-- 'Every suit and proceedings for declaration of any right o...
Praharaj Partners Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-26-1981
Reported in: AIR1981Ori104; 51(1981)CLT530
ORDERR.N. Misra, C.J.1. The appeal is under Section 39 of the Arbitration Act and the revision application is under Section 115 of the Civil P. C. Both are, however, directed against one and the same order dated 10-8-79 passed by the learned Subordinate Judge, Bhubaneswar, rejecting an application under Section 8 of the Arbitration Act on the basis that there was no clause for arbitration in the event of disputes in the agreement entered into between the parties. The original application before the learned Subordinate Judge was under Section 8 (2) of the Arbitration Act and not under Section 20 thereof. Section 39 (1) (iv) of the Act has, therefore, no application, and in my view the appeal is not maintainable. Accordingly. I dismiss the appeal on that count,2. Admittedly the petitioner had undertaken execution of certain works on behalf of the State of Orissa through the Executive Engineer, Cuttack Public Health Division (opposite party No. 2), The contract contained the following cla...
Bansidhar Behera Vs. Puri Municipality
Court: Orissa
Decided on: Feb-25-1981
Reported in: 51(1981)CLT355; 1981CriLJ836
ORDERJ.K. Mohanty, J.1. The petitioner was convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act (hereinafter called the 'Act') and was sentenced to six months' R.I. and to pay a fine of Rs. 1,000/-, in default to undergo R. I. for six months by the Subdivisional Judicial Magistrate, Puri. In appeal, the conviction and sentence were maintained. Hence this revision.2. The case of the prosecution was that on 19-2-77 the accused-petitioner was selling cheese (Chhena) for human consumption at Balighat in Puri town within Puri Municipal area. Suspecting the cheese to be adulterated, the Food Inspector (P. W. 1) took samples of the same after observing all the formalities. He sent the sample to the Public Analyst for analysis who reported that the cheese was adulterated. So the Food Inspector filed prosecution report after obtaining sanction from the competent authority.3. The plea of the petitioner was that the cheese was not adulterated.4. Prosecution examined 3 witne...
Lord Jagannath and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-24-1981
Reported in: AIR1981Ori106; 51(1981)CLT336
Misra, C.J.1. Three persons claiming to be sevaks of the celebrated temple of Lord Jagannath at Puri have filed this application under Article 226 of the Constitution for a declaration that certain provisions of the Orissa Estates Abolition Act are ultra vires the Constitution and are not applicable to the properties endowed in the name of the Lord and notifications in exercise of powers vested under the Act abolishing certain estates already declared as 'trust estates' under the Act and directing their vesting in the State of Orissa are incompetent. Several contentions were raised in the writ application, but Mr. Das for the petitioners has focused his submissions at the hearing for a declaration that the Notification dated 18th March, 1974 (Annexure-1) issued by the State Government in purported exercise of powers conferred under Section 3-A (1) of the Abolition Act is liable to be set aside. The impugned notification reads as hereunder:--'REVENUE DEPARTMENTNOTIFICATION The 18th Marc...
Gopal Debjibhai Patel Vs. Rishal Singh and anr.
Court: Orissa
Decided on: Feb-24-1981
Reported in: AIR1982Ori242; 51(1981)CLT477
ORDERR.N. Misra, C.J.1. It is a plaintiff's application challenging the order of the learned Subordinate Judge of Jeypore refusing to allow an application under Order 6. Rule 17 of the Code of Civil Procedure for amendment of the plaint.2. Title suit No. 4 of 1973 was instituted for specific performance of an agreement dated 23-11-1971 by which defendants had undertaken to deliver a specified quantity of timber. Petitioner obtained an interim order of injunction against removal of the timber and when the interim order was rescinded. Miscellaneous Appeal No. 150 of 1973 was carried to this Court where injunction was again granted. During the pendency of the appeal, original defendant No. 1 died on 16-8-1973 and substitution was made on 22-11-1973. According to the plaintiff, notwithstanding injunction from this Court, defendants felled the standing trees, cut them into pieces, removed the logs and disposed of the same with a view to making the suit infructu-ous. The suit was posted for ...
Amitav Ray Vs. Ashok Kumar Ray and anr.
Court: Orissa
Decided on: Feb-20-1981
Reported in: AIR1981Ori109; 51(1981)CLT327
ORDERN.K. Das, J.1. Challenge has been made to grant of Letters of Administration by the Subordinate Judge, Puri on the strength of an unregistered will dated 20-8-72. Plaintiffs applied for grant of Letters of Administration on the strength of a Will said to have been executed by their mother. Defendant No. 2 has filed this appeal challenging the decision of the Subordinate Judge. Originally, only the plaintiffs were made respondents, but subsequently leave has been granted by this Court on 24-8-77 to amend the memo of appeal. By way of amendment, original defendants Nos. 1, 3 and 4 have been added as respondents Nos. 3, 4 and 5. As the appellant did not take steps for service on respondent No. 5, the appeal stands dismissed and the stay was vacated as against respondent No. 5 by order dated 21-12-79.2. The case of the plaintiffs is that they were looking after the affairs of their mother and she had much affection for them. While in sound state of body and mind, she executed a Will o...
Commissioner of Income-tax Vs. Babulal Joshi and ors.
Court: Orissa
Decided on: Feb-14-1981
Reported in: [1982]133ITR30(Orissa)
R.N. Misra, C.J. 1. The revenue moved this court under Section 256(2) of the I.T. Act of 1961, for a direction to the Income-tax Appellate Tribunal, Cuttack Bench, to state a case and refer three questions said to be of law in relation to live assessment years being 1970-71 to 1973-74 and 1974-75. On January 15, 1979, a Bench of this court, to which one of us was a party, called upon the Tribunal to state a case in respect of each of the assessment years and refer the following common question :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the action of the Commissioner in vacating the orders of the Income-tax Officer was not justified ?'2. One Chunilal Joshi died on July 23, 1969, leaving behind him his only son, Babulal, as successor to his self-acquired properties which consisted of one house and the share capital in a firm consisting of Chunilal and Babulal. Upon the death of Chunilal, Babulal treated the partnership business as...
Krupasindhu Mallik Vs. Orissa Board of Secondary Education and ors.
Court: Orissa
Decided on: Feb-13-1981
Reported in: AIR1981Ori91; 51(1981)CLT455
R.N. Misra, C.J.1. Petitioner appeared at the Annual High School Certificate Examination of 1979 conducted by the Orissa Board of Secondary Education (hereafter referred to as the 'Board') with Roll No. 29 S 143 as a regular candidate from the M. S. High School, Baramba. He obtained a certificate of transfer from the opposite party No. 2 Headmaster as per Annexure-1 which indicated that petitioner had passed the examination and a mark-sheet (Annexure-2) which showed that he had secured 302 marks in the different subjects as against the minimum requirement of 264 marks. The petitioner alleges that on the basis of the transfer certificate and the mark-sheet, he got himself admitted into the first year class of the College whose Principal is opposite party No. 3. While he was continuing his study in the college, he received a letter from the Headmaster dated 14-3-1980 (Annexure-4) enclosing a corrected mark-sheet (Anne-xure-5). The letter informed him that the petitioner had failed and th...
State of Orissa Vs. Chandra Pentia
Court: Orissa
Decided on: Feb-13-1981
Reported in: 51(1981)CLT319; 1981CriLJ1060
J.K. Mohanty, J.1. The accused-respondent was tried in the court of C.J.M.-cum- Assistant Sessions Judge, Jey-pore, for having committed offences under Sections 307/337/338 I.P.C. The learned Judge acquitted the respondent. Hence this Government Appeal.2. The case of the prosecution is as follows:-In the night of 3-11-75. after night meals, Sunadhar Machu (P.W. 1) and his brother Bhakta Machu (P. W. 4) were going on the P.W.D. road (that passes through their village) to see their land. P.W. 1 was holding a torchlight (M. O. II), While proceeding on the road P. W. 1 focused the torchlight which fell on the face of the accused who got annoyed and a quarrel ensued between them. P.W. 4 pacified both of them and thereafter all returned to their respective houses. After about half an hour while P. Ws. 1 and 4 and their family members were in their house they heard the accused shouting and abusing P. W. 1 by standing on the back side of their house. He was in a challenging mood and was asking...
Commissioner of Income-tax Vs. Belpahar Refractories Ltd.
Court: Orissa
Decided on: Feb-12-1981
Reported in: 51(1981)CLT365; (1981)22CTR(Ori)155; [1981]128ITR610(Orissa)
Misra, C.J.1. The Income-tax Appellate Tribunal, Bombay, Bench on an application of the revenue under Section 256(1) of the I.T. Act of 1961 stated these two cases and referred the following two questions for the opinion of the court:'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the payments of Rs. 6,65,915 and Rs. 6,65,372, respectively, made by the assessee in the assessment years 1968-69 and 1969-70 under the terms of the agreement dated November 6, 1957, were allowable as revenue expenditure ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that it was not a case of sharing the net profit but was a case of payment of remuneration for specific services rendered by the German company to the assessee-company ?' 2. The relevant assessment years are 1968-69 and 1969-70. At the instance of the revenue, two similar questions had been referred to us earlier and by judg...
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