Orissa Court July 1981 Judgments
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Dr. Bijay Krishna Das and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-30-1981
Reported in: AIR1981Ori185
R.N. Misra, C.J.1. Each of these writ applications is by a single but separate petitioner for a direction in the nature of mandamus to the opposite parties for allowing him to undertake the remaining two-year period of the postgraduate course in one of the three Medical Colleges within the State. The petitioners in O. J. Cs. 499/81 and 515/81 want to undertake study in General Surgery while in O. J. Cs. 513 and 514 of 1981 the further study is in Pediatrics and Opthalmology respectively.2. Eight medical graduates possessing M. B. B. S. Degrees, who had applied for undergoing the course prescribed for post-graduate study in different specialties and had been selected in terms of a notification dated 6-1-80, filed a writ application being O. J. C. No. 168/81 for a direction to the State and the Director of Medical Education and Training to allow them to undergo the rest of the post-graduate course in the subjects assigned to them without requiring them to take a further examination at th...
Suresh Samal Vs. State of Orissa
Court: Orissa
Decided on: Jul-30-1981
Reported in: 52(1981)CLT333; 1981CriLJ1575
B.N. Misra, J.1. Appellant has been convicted under Section 302, I.P.C. and sentenced to rigorous imprisonment for life by judgment dated 23-11-1977 passed by the learned Additional Sessions Judge, Dhenkanal in S. T. No, 22/27-D of 1976,2. The facts may be briefly stated. Appellant Suresh Samal is the elder brother of the deceased Kuanri Dei's husband Aparti Samal. They belong to village Thokar. The occurrence took place on 16-8-1975. Previous to the occurrence, the appellant and the deceased had at times quarrelled with each other and on one occasion the appellant had assaulted the deceased. On the day of occurrence. Mt about 6 p. m. the appellant brought a cart-load of fuel from a mango tree and handed over the same to his brother-in-law. On seeing this the deceased protested saying that the appellant was misappropriating fuel without giving her the share which was due to her. The deceased abused the appellant in filthy language. As a result the appellant chased the deceased with an ...
Union of India (Uoi) Vs. Builders Union
Court: Orissa
Decided on: Jul-29-1981
Reported in: AIR1981Ori188; 52(1981)CLT369
P.K. Mohanti, J.1. This is an appeal under Section 39 of the Arbitration Act against a decision of the learned First Additional Subordinate Judge. Cuttack rejecting the appellant's objections to the award of the Arbitrator on the ground of limitation.2. The respondent was entrusted by the Union of India with the work of 'Strengthening and Extension of Main Runway and Apron, and Construction of Parallel Taxi-tracks at Charbatia, S. H.: Runway. Taxi Tracks and culverts'. Dispute between the parties arising out of the agreement was referred to Shri B. M. Das, Superintending Engineer, N. H. Circle, Bhubaneswar, He made the award on 17-3-80 and sent it to the court with a forwarding letter. The award was received by the court on 18-3-80. In his forwarding letter the Arbitrator had requested the court to fix his remuneration and indicated that the copies of the award would be made over to the parties only after they deposited his remuneration as fixed by the court. The copies of the said for...
Kapilendra Pothal Vs. Dy. Registrar, Co-operative Societies, Balasore ...
Court: Orissa
Decided on: Jul-29-1981
Reported in: AIR1981Ori194; 52(1981)CLT319
Misra, C.J.1. This application under Article 226 of the Constitution calls in question the election of opposite party No. 3 as a Director of the Balasore District Co-operative Central Bank Limited (hereinafter referred to as the 'Bank') on 18-4-1981.2. The Bank consists of 12 Zones out of which the Nilgiri-Oupada Zone is one and it also happened to be a constituency for electing a Director for the Board of the Bank. The said zone has 12 co-operative societies and from among the 12 representatives each representing one society out of these 12, a Director had to be elected. The Deputy Registrar of Co-operative Societies, Balasore Division (opposite party No. 1), issued notice under Section 28 of the Orissa Co-operative Societies Act (hereinafter referred to as the 'Act') for holding election to the Board of Directors of the Bank in a General Body Meeting of the Bank which was scheduled to be held on 20-7-1980 for the said purpose. An election programme was published as per Annexure-1, On...
Commissioner of Income-tax and anr. Vs. Himanshu V. Rathor and ors.
Court: Orissa
Decided on: Jul-29-1981
Reported in: [1982]135ITR273(Orissa)
Misra, C.J.1. This appeal under Section 269H of the I.T. Act of 1961 (hereinafter referred to as 'the Act') is against the decision of the Income-tax Appellate Tribunal, Cuttack Bench, dated February 21, 1977, by which the said Tribunal allowed the appeal of the respondents and set aside the order dated March 31, 1976, made under Section 269F of the Act.2. A four-storeyed building standing upon a plot of land with an area of 81 decimals on the Ice Factory Road near the Ravenshaw College in Cuttack Town was sold under Sale Deed No. 2309 dated May 15, 1973, for a consideration of Rs. 1,15,000 by Kooverji K. Rathor in favour of Himanshu V. Rathor and K. R. Rathor. The vendees were minors and were represented by their respective fathers to complete the transaction of sale. The Competent Authority under the Act on getting information from the District Sub-Registrar under Section 269P of the Act being of the view that the sale was for an apparent consideration which was less than the fair ma...
State of Orissa Vs. Mahadev Panda and Sons
Court: Orissa
Decided on: Jul-25-1981
Reported in: [1983]53STC381(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated this case under Section 24(2) of the Orissa Sales Tax Act and referred the following question for opinion of the court:Whether, on the facts and in the circumstances of this case, the finding of the Member, Additional Sales Tax Tribunal, that M/s. Binayak Sabat & Sons of Berhampur was the commission agent of the appellant till the point of sale, is not perverse and is consistent with the facts and materials on record ?2. The assessee, a registered dealer in cloth, ready-made garments, seasonal goods, etcetera, at Balliguda in the district of Phulbani in respect of the assessment year 1971-72 claimed deduction of Rs. 43,035.02 out of the turnover under Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act as representing sales to registered dealers. The claim having been disallowed by the assessing officer, the assessee carried an appeal to the Assistant Commissioner who upheld the rejection. In second appeal,...
Parikhit Meher Vs. Manasingh Dharua and ors.
Court: Orissa
Decided on: Jul-24-1981
Reported in: AIR1981Ori196; 52(1981)CLT217
Misra, C.J. 1. Challenge in this application under Article 226 of the Constitution is against the order of the Sub-Divisional Officer (opposite party No. 2) made under Section 23 of the Orissa Land Reforms Act, Petitioner has applied to quash the said order as affirmed in appeal by the Additional District Magistrate and in revision by the Revenue Divisional Commissioner (opposite parties 3 and 4 respectively) by issue of a writ of certiorari. 2. Petitioner is a money-lender. In a proceeding under Section 17 of the Orissa Money-Lenders Act petitioner admitted that he was a transferee of certain lands belonging to opposite party No. 3 under two deeds, one of 1968 and the other of 1973. In view of the fact that the petitioner was not a member of the Scheduled Tribes while the opposite party No. 1 was a member of the Scheduled Tribes and no permission had been taken as provided under the Orissa Land Reforms Act for such alienation, a proceeding under Section 23 of the Act was initiated aga...
Jugal Kishore Bajoria Vs. Republic of India
Court: Orissa
Decided on: Jul-24-1981
Reported in: 52(1981)CLT225; 1981CriLJ1369
ORDERJ.K. Mohanty, J.1. The petitioner, who was convicted by the Additional Chief Judicial Magistrate, Bhubaneswar under Section 5 of the Imports and Exports (Control) Act, 1947 (hereinafter referred to as the 'Act') and sentenced to undergo R. I. for six months and Pay fine of Rs. 1,000/-, in default, to undergo R. I. for a further period of one month, having been unsuccessful in appeal (Criminal Appeal No, 113/77) preferred against the aforesaid order of conviction and sentence before the Sessions Judge, Puri. has come up in revision.2. The petitioner as the proprietor of M/s. Cuttack Industries, Malgodown, Cuttack, obtained an import licence from the Assistant Collector of Imports and Exports, Calcutta, for importing non-essential oils and other materials for the purpose of manufacturing lonzenges and toffees. On the strength of the licence (Ext, 2) he imported 1,441 Kgs. of orange oil, 400 Kgs. of lemon oil amongst others. It is alleged by the prosecution that the accused, instead ...
Kumarmoni Sa Vs. Himachal Sahu and ors.
Court: Orissa
Decided on: Jul-17-1981
Reported in: AIR1981Ori177; 52(1981)CLT242
Das, J.1. Plaintiff is the appellant inthis Letters Patent Appeal against a reversing judgment in a suit for partition and for allotment of the property claimed by the plaintiff to have been purchased by him from defendant No. 1 as Karta of the joint family consisting of defendants Nos. 2 and 3.Plaintiff claimed that defendant No. 1 was the father of his two sons--defendants Nos. 2 and 3. The properties described in Schedules A and B of the plaintiff belonged to the joint family of defendants Nos. 1 to 3 and defendant No. 4, the wife of defendant No. 1. The first defendant as Karta of the joint family, sold the disputed properties by a registered sale deed dated 18-5-1963 for Rs. 1,710/- to the plaintiff. The B schedule properties had been mortgaged with defendant No. 5 by the time of the sale. Therefore, defendant No. 1 put the plaintiff in possession of the remaining properties except those covered by schedule B. It was agreed at the time of the sale that plaintiff would pay up the m...
State of Orissa Vs. K. Dandapani Subudhi
Court: Orissa
Decided on: Jul-16-1981
Reported in: [1983]53STC379(Orissa)
R.N. Misra, C.J.1. This is a reference under Section 24(1) of the Orissa Sales Tax Act of 1947 (hereinafter called 'the Act') at the instance of the revenue and the following question has been referred for our opinion :Whether, on the facts and in the circumstances of the case, the Sales Tax Tribunal, Orissa, was justified to hold that the assessee was not liable to pay sales tax with effect from 1st July, 1969, to 31st October, 1969 ?2. The assessee was an unregistered dealer carrying on business in grocery and stationery articles as also controlled food articles. He started his business with effect from 4th July, 1968, on controlled commodities, and grocery and stationery articles were added to the business with effect from 1st June, 1969. The assessment period is 1969-70. The assessing officer examined his books of account, and taking into consideration certain defects found, determined the liability under the Act with effect from 1st June, 1969, as by then the gross turnover exceed...
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