Orissa Court February 1982 Judgments
Krushna Chandra Sahu and anr. Vs. Pradipta Das and ors.
Court: Orissa
Decided on: Feb-09-1982
Reported in: AIR1982Ori114; 53(1982)CLT335
P.K. Mohanti, J. 1. This appeal, by defendants 1 and 2, arises out of a suit for declaration of title to and recovery of possession of the suit lands and also for mesne profits. 2. The plaintiffs case runs thus: The suit lands originally belonged to one R. K. Chakrabarty, who transferred the same in favour of Gitarani Kundu, widow of late Debendranath Kundu by a registered sale deed dated 24-8-48 (Ext. 2). The plaintiff purchased the same from Gitarani Kundu and her daughter Pusparani Kundu by a sale deed dated 12-2-80 (Ext. 1) for a sum of Rs. 25,000. Defendant No. 1 Krushna Chandra Sahu was engaged as a servant by Debendranath Kundu, the deceased husband of Gitarani, in the year 1960. Debendranath Kundu became addicted to drinking and began to ill-treat Gitarani for which she left for Calcutta in the year 1964 and lived there with her daughter. During her absence, Debendranath became mentally unbalanced and fully dependant upon the help of defendant No. 1. Taking advantage of his ill...
Tag this Judgment!State of Orissa and anr., Etc. Vs. B.K. Parida and Bros. and anr.
Court: Orissa
Decided on: Feb-09-1982
Reported in: AIR1982Ori147; 53(1982)CLT358
R.N. Misra, C.J. 1. Both these appeals under Section 39(1)(iv) of the Arbitration Act of 1940 are against the common order of the learned Subordinate Judge of Bhubaneswar. M. A. No. 249 of 1981 is by the State of Orissa and the Chief Engineer of Public Health who were defendants 1 and 2 in the suit and the other appeal is by the Lift Irrigation Corporation Ltd. who was defendant No. 3 in the suit.2. Plaintiff-respondent No. 1, a firm of plumbers, filed an application under Section 20 of the Arbitration Act before the learned trial Judge alleging that in response to invitation of tenders for sinking of tube wells for drinking water purposes, issued by the defendants, it had submitted quotations and its quotations being the lowest were accepted. Plaintiff alleged that in 1965 there was severe drought in the district of Sundergarh and decision was taken by the authorities to sink one hundred drinking water tube wells and it was taken up as a crash programme and the work had to be complete...
Tag this Judgment!Basudeb Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Feb-09-1982
Reported in: 1983CriLJ527
ORDERR.N. Misra. C.J.1. The petitioner is now undergoing the sentences imposed against him in 3 independent Sessions Trials, being Sessions Trial No. 118-C of 1976, Sessions Trial No. 119-C of 1976 and Sessions Trial No. 23-C of 1977, each one for an offence punishable under Section 395, I.P.C. In the first two cases there has been imprisonment of 4 years each while in' the third one, the sentence is 5 years' R.I. The sentences at the moment are obviously consecutive. The application is for the relief of making the sentences concurrent,2. Reliance on the side of the petitioner is placed upon the directions of this Court in Jail Criminal Misc. Case Nos. 483/79, 846/81 and 277/82 where, even in respect of an offence punishable under Section 395, I.P.C., the benefit of the sentences becoming concurrent has been extended. The learned Additional Government Advocate on the other hand, relying upon a Full Bench decision of the Allahabad High Court in the case of Mulaim Singh v. State, 1974 Cr...
Tag this Judgment!Anam Pradhan and ors. Vs. the State
Court: Orissa
Decided on: Feb-09-1982
Reported in: 1982CriLJ1585
B.K. Behera, J.1. The three appeals arising out of the same judgment and order passed by Mr. J. Tyagi, Additional Sessions Judge, Cuttack, have been heard together and this judgment shall govern the three appeals. The appellants in the three Criminal Appeals along with fifteen other accused persons stood trial for having committed the offence of rioting being armed with deadly weapons after entering into a conspiracy and for having committed the murder of Dibakar Rout and for causing grievous and simple hurt to some members of the prosecution party. The appellants Brundaban Muduli and Punananda Sahu along with the co-accused Ramakanta Naik (acquitted), stood charged under Section 302 read with Section 114 of the Penal Code (hereinafter referred to as the 'Code'), the appellants Kedar Ghadei, Pari Sahu son of Dinabandhu and Sananda Padhan along with the co-accused Anam Padhan stood charged under Section 302 read with Section 34 of the Code for committing the murder of Dibakar Rout at Tr...
Tag this Judgment!Dhuleswar Behera Vs. the State
Court: Orissa
Decided on: Feb-09-1982
Reported in: 1982CriLJ2346
P.K. Mohanti, J.1. This is a prisoner's appeal against his conviction under Section 302, I.P.C. and the sentence of rigorous imprisonment for life. Accusation against the appellant was that he killed his paternal uncle Biswanath Behera by means of a tangia on 14-1-1977.2. Prosecution case was that the appellant last his father during his childhood and his mother courted a second marriage. The appellant was brought up by the deceased. About two years before the occurrence, the appellant and the deceased separated in mess and estate. Ten days before the occurrence, there was a quarrel between them as the deceased refused to purchase the share of the appellant and also declined to give consent for sale of his share of the land. In course of the quarrel, the appellant was alleged to have threatened the deceased with dire consequences. In this background, it was alleged that on 14-1-1977 in the early morning when the deceased went near the village tank for easing the appellant appeared ther...
Tag this Judgment!Bhubaneswar Flour Mills Vs. State of Orissa
Court: Orissa
Decided on: Feb-08-1982
Reported in: 53(1982)CLT573; [1983]52STC192(Orissa)
R.N. Misra, C.J. 1. At the instance of the assessee, this Court under Section 24(2)(b) of the Orissa Sales Tax Act, 1947, directed the Sales Tax Tribunal to state a case and refer the following question for opinion of the court:Whether second appeals on merit lie under the provisions of the Orissa Sales Tax Act when the connected first appeals have been summarily dismissed under Rule 49 of the Orissa Sales Tax Rules? We are concerned with two periods of assessment, being 1971-72 and 1972-73. Aggrieved by the orders of assessment, the assessee preferred appeals before the Assistant Commissioner of Sales Tax on 8th May, 1975. After certain adjournments, the appeals were dismissed on 28th July, 1975, under Rule 49 of the Orissa Sales Tax Rules for non-removal of defects. Against this summary rejection of the appeals, second appeals were filed by the assessee where exercise of power by the first appellate authority in rejecting the appeals was challenged for want of reasonable opportunity ...
Tag this Judgment!Babaji Charan Sahu Vs. State of Orissa
Court: Orissa
Decided on: Feb-04-1982
Reported in: [1982]51STC408(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated this case and referred three questions for opinion of the court at the assessee's instance on an application under Section 24(1) of the Orissa Sales Tax Act, 1947. The questions referred are:(1) Whether, in the facts and circumstances of the case, the fixation of liability from 1st April, 1972, is justified ?(2) Whether, in the facts and circumstances of the case, the assessment under Section 12(5) of the Orissa Sales Tax Act is justified after 13th, December, 1972?(3) Whether, in the facts and circumstances of the case, the levy of penalty is justified when the petitioner has applied for registration 2. We are concerned with the period 1972-73. It is conceded that liability would not accrue unless the gross turnover exceeded Rs. 25,000 within 12 months preceding 1st April, 1972. The learned standing counsel concedes that on the basis of the findings of the Additional Tribunal, the turnover up to 31st Marc...
Tag this Judgment!Orissa Forest Corporation Ltd. Vs. Asstt. Collector, Central Excise an ...
Court: Orissa
Decided on: Feb-04-1982
Reported in: 1984(2)ECC1; 1982(10)ELT875(Ori)
R.N. Misra, C.J.1. The petitioner is a Government of Orissa Corporation and challenge in this application is to the direction of the Assistant Collector, Central Excise and Customs, Opposite party No 1, in Annexture-4, dated 7-11-81, demanding payment of central excise duty on railway sleepers, sawn fire-wood, manufactured furniture etc. In respect of sleepers, the petitioner contends that similar demands had been raised for an earlier period between June, 1977 and 31-12-78 and the demands were challenged in appeal. The appellate authority, being the Appellate Collector of Central Excise, vacated the demands by decision dated 26-6-81 in Annexture-1. In regard to furniture, by order dated 20th February, 1981, in terms of review u/s. 35A(2) of the Central Excises & Salt Act, 1944 the Collector under the Act held that no levy was maintainable. Notwithstanding these decisions, the direction under Annexure 4 has been issued and such demand, therefore, should be quashed.2. It is not the case...
Tag this Judgment!State of Orissa Vs. Muralimanohar Prabhudayal
Court: Orissa
Decided on: Feb-04-1982
Reported in: [1983]52STC35(Orissa)
R.N. Misra, C.J.1. At the instance of the rev0enue, the Member, Additional Sales Tax Tribunal, has referred the following questions for opinion of the court under Section 24(1) of the Orissa Sales Tax Act, 1947 : (1) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is correct in law to have held that confronted facts became untested material for want of warning to the assessee that they are to be used in his assessment ?(2) If the answer to question No. (1) is in the negative, whether it is permissible in law to sustain the enhancement of the turnover of Rs. 30,000 as was done by the assessing officer ?The two reference applications relate to the periods 1972-73 and 1973-74. The assessee is a registered dealer under the Orissa Sales Tax Act, 1947, and has his business in cloth and hosiery articles on wholesale basis in Bhadrak in the district of Balasore. In the course of assessment for these periods, the Sales Tax Officer found:. ....
Tag this Judgment!Ashok Servicentre and anr. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Feb-04-1982
Reported in: [1983]52STC50(Orissa)
R.N. Misra, C.J. 1. The Provincial Legislature of Orissa enacted the Orissa Sales Tax Act of 1947 (hereinafter referred to as the '1947 Act') in exercise of the legislative powers provided in entry 48 of List II of the Seventh Schedule of the Government of India Act of 1935. Entry 48 corresponds to entry 54 of List II of the Seventh Schedule of the Constitution of 1950. Under Section 8 of the 1947 Act, the State Government has been authorised to prescribe the points in the series of sales or purchases by successive dealers at which any goods or class or description of goods would be taxed and the State Government in exercise of such power has prescribed a single point tax both in regard to sale and purchase of goods. The Orissa State Legislature enacted the Orissa Additional Sales Tax Act (24 of 1975) (hereinafter referred to as the '1975 Act') in exercise of its legislative powers under the said entry 54. Section 2 of the 1975 Act made provision for levy of additional tax on an escala...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »