Orissa Court February 1982 Judgments
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The Minerals and Metals Trading Corporation of India Ltd. Vs. the Stat ...
Court: Orissa
Decided on: Feb-04-1982
Reported in: [1983]52STC133(Orissa)
R.N. Misra, C.J.1. The petitioner before us is the Minerals and Metals Trading Corporation of India Limited, and challenge is to the validity of the Additional Sales Tax Act of 1975 as amended in 1979.2. Four points have been canvassed by Mr. Mohanty on behalf of the petitioner in support of the application, namely:(i) The impost is, in pith and substance, an addition to the impost under Section 5(1) of the 1947 Act and consequently must fit into the scheme of the parent Act and cannot be destructive thereof;(ii) The Orissa Act 24 of 1975 and the Orissa Act 3 of 1979 are ultra vires Article 286(1)(b) of the Constitution and are beyond the legislative competency under entry 54 of List II of the Seventh Schedule to the Constitution of India read with Section 5 of the Central Sales Tax Act;(iii) The impugned Act is ultra vires Article 286(1)(a) of the Constitution read with Section 6 of the Central Sales Tax Act; and(iv) In the absence of statutory provision for levy of penalty, under del...
Hadibandhu Mohapatra Vs. Bhagaban Barik and ors.
Court: Orissa
Decided on: Feb-02-1982
Reported in: AIR1982Ori150; 53(1982)CLT428
P.K. Mohanty, J.1. The second appeal is by the plaintiff against a reversing decree,2. The plaintiffs case was that the defendants are members of a Hindu joint family and defendant No. 1 as karta thereof took a loan of Rs. 1,000/- from him on 12-6-1968 agreeing to repay the same on demand together with interest at the rate of 12 p.c.p.a. and executed a document (Ext. 1) acknowledging receipt of the amount. On 8-4-1971, defendant No. 1 paid Rs. 10/- towards interest ofthe loan and has not paid the balance despite repeated demands,3. The defendants denied the loan and contended that they are barbers of the village and the villagers had ill-feeling against them as they did not serve them properly. There was party faction in the village resulting in some litigation and ultimately the defendants agreed to serve the villagers and their thumb marks and signatures were taken on some blank papers by way of security, and the suit document has been manufactured on one of such blank papers for the...
Balaram Barik and ors. Vs. Banambara Maharana
Court: Orissa
Decided on: Feb-02-1982
Reported in: AIR1982Ori271
P.K. Mohanti, J. 1. The second appeal is by the defendants against a reversing decree passed in a suit for specific peiv formance of contract for sale of land. 2. The plaintiff's case was that defendant No, 1 Balaram Barik, who was the owner in possession of the suit land measuring 0.36 acre, contracted to sell the same to him for a sum of Rs. 2,000 and on receipt of a sum of Rs, 1,500 as part consideration delivered possession in his favour. The contract was entered into on 21-1-75 and the deed of contract (Ext. 1) was executed on that date. He remained in possession of the suit land from the date of contract and offered the balance consideration of Rs. 500 to defendant No. 1 but he avoided to execute the sale deed. On 17-3-75, defendant No. 1 sold 0.08 acre out of the suit land to defendant No. 5 under a registered sale deed (Ext. A) and on 9-4-75 he also sold 0.08 acre out of the suit land under a registered sale deed (Ext. B) to defendants 2, 3 and 4. The plaintiff's contention was...
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