Court : Orissa
Reported in : AIR1950Ori6
Ray, C.J.1. This is defendant 8's appeal in a suit for enforcement of a mortgage dated 27th July 1926 for a consideration of Rs. 12,000 executed by defendants 1 and 2 and their father late Narain Gantayat. The aforesaid mortgage was executed in full discharge of a prior mortgage dated 16th December 1911 for a consideration of Rs. 8000. The latter consideration was made up of cash advances from time to time under promotes and the interests that accrued due thereon. It is undisputed that out of the consideration of Rs. 12,000, Rs. 6000 represented interest accruing due on the pronotes and the prior mortgage bond, the balance being the amounts advanced in cash. Defendants 1 and 2 are the primary mortgagors. Defendants 3, 4 and 5 are the sons of defendant 1. Defendants 6 and 7 are sons of defendant 2. Defendant 8, the present appellant is a, purchaser of Schedules B-1 and B-2 properties subject to the mortgage. Defendants 9 to 12 are also subsequent purchasers of certain minor items of mor...
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori73; 21(1955)CLT116
Panigrahi, C.J.1. This case comes before us on a reference by a Division Bench. The question referred to us for our opinion is formulated as follows :'Whether the provisions of Section 3(2), Hindu Women's Rights to Property Act, 18 of 1937 as amended by Act, 11 of 1938 are retrospective so as to apply to the case of a widow whose husband died prior to the date when the said Act came into force.'This reference was necessitated on account of the majority decision in -- 'Badhi Bewa v. Bhagawan Sahu', AIR 1951 Orissa 378 (SB) (A), according to which Section 3(2) of the Act is retrospective in operation and, consequently, the widow of a Hindu who died before the Act came into force, viz., before 14-4-1937, was entitled to her husband's share provided that the joint family continued till the date when partition was demanded. This view was subjected to much adverse criticism by another Bench of this Court in -- 'Nandakishore v. Sukti Dibya', AIR 1953 Orissa 240 (B). In a later case decided by...
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori117
V. Gopalaswamy, J.1. The plaintiffs prefer this appeal against the judgment dated 28-3-1979 and decree dated 10-4-1979 passed by the Subordinate Judge, Bhubaneswar, in O.S. No. 41 of 1975 III, disallowing the plaintiffs' claim to the extent of Rs. 47,792.04, while decreeing the suit in part only for a sum of Rs. 24,099.58.2. The plaintiffs' case may be briefly stated as follows:The plaintiffs are the partners representing the registered partnership firm M/s. Jain Mills and Electrical Stores which deals in electrical goods and supplies electrical equipments, appliances and materials to Government and semi-Government Departments and also to the public in general. Defendant No. 2, the Executive Engineer, Lift Irrigation (Electrical, on behalf of the State of Orissa (defendant No. 1) invited tenders for supply of electrical goods and in response to the same, the plaintiffs' firm submitted its quotations on 5-2-1973. Defendant No. 2 accepted the quotations submitted by the plaintiffs' firm ...
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori84
Ray, C.J.1. The petitioners seek review of the orders of the Court below convicting them under Sections 145 and 188, Penal Code, for having violated an order under Schedule 44, Criminal P. C., promulgated by the Magistrate and having failed to disperse the unlawful assembly after having been commanded to do so.2. The petitioners' contention is that the prosecution under Schedule 88, Penal Code, is bad in law as no complaint was filed by the public authority concerned according to the provisions of Schedule 95, Criminal P. C. Secondly, that the trial, being bad in law as to Schedule 88, Penal Code, is bad in its entirety.3. These contentions are sought to be met by the learned Advocate-General, appearing for the State, in two ways: (i) that the offence under. Schedule 88, Penal Code, has bean declared cognisable under Schedule 0, Criminal Law Amendment Act, 1932, and hence compliance with Section 195, Criminal P. C. is not necessary; and (ii) that even if the trial be bad with regard to...
Tag this Judgment!Court : Orissa
Reported in : [1984]145ITR153(Orissa)
R.N. Misra, C.J.1. On the application of the Revenue made under Section 256(2) of the I.T. Act of 1961, this court directed the Cuttack Bench of the Income-tax Appellate Tribunal to state a case and refer the following two questions for the opinion of the court :'(1) Whether on the facts and circumstances of the case, at the point of time when penalty was imposed there was lack of jurisdiction in the authority imposing penalty ? (2) Whether on the facts and circumstances of the case, the Tribunal was legally competent to reverse its final decision in exercise of powers under Section 254(2) of the Act ' Pursuant to our direction, the Tribunal has stated the case and referred the questions.2. The assessee is a partnership firm engaged in the trade of tobacco and tobacco products. The relevant assessment years are 1971-72 and 1972-73. The assessee returned incomes of Rs. 12,736 and Rs. 9,925 respectively for the two years. The ITO rejected the return and assessed income of Rs. 50,810 and ...
Tag this Judgment!Court : Orissa
Reported in : 1995LC62(Orissa); 1993(68)ELT739(Ori)
ORDERS.K. Mohanty, J.1. The legality of the order as in Annexure-3 passed by Customs, Excise and Gold Control Appellate Tribunal (for short Tribunal'), Calcutta directing the petitioner to pay a sum of Rs. 5 lakhs as compensation to the Opposite Party No. 1 in exercise of its powers under Section 129B(1) of the Customs Act, 1962 (for short 'the Act') and subsequent order as in Annexure-5 enhancing the compensation to Rs. 20 lakhs through amendment of the said order in exercise of power under Section 129B(2) are under challenge in this proceeding.2. Shorn of unnecessary details, facts of the case may be stated thus :A Thai fishing trawler belonging to Southern Marine Services Co., Bangkok (hereinafter referred to as the Thai Co.) had been chartered by Golden Hind Shipping (India), New Delhi (Opposite Party No. 1) for fishing purpose. While fishing in Indian waters it was apprehended by Commander I.N.S. Sharabh who brought it to Paradeep Port on 12-9-1980 with crew and cargo consisting o...
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori97; 51(1981)CLT305
Misra, J.1. Each of the 8 petitioners is a Medical Graduate possessing M. B. B. S. degree. In terms of the prospectus published by the opposite parties for the year 1979-80 the petitioners applied for undergoing the course prescribed for post-graduate study in different specialities and each of them was selected in terms of the notification dated 6-1-1980. Under the prospectus for the year, copy of which is Anne-xure-4 to the writ application, the period of the course is 3 years -- the first year thereof is housemanship. In terms of the prospectus, in certain subjects selection to the post-graduate course entitles the candidates in those specialities to automatically take to the post-graduate course while in certain other specialities with which the petitioners are concerned, at the end of the year, a fresh selection examination is contemplated to entitle those in these specialities to take the remaining two-year course prescribed for the post-graduate degree. The petitioners allege th...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori293; 19(1953)CLT338
Narasimham, J.1. This is an application under Section 66 (2), Income-tax Act praying for the issue of a writ of mandamus on the Income-tax Appellate Tribunal to state a case for the decision of this Court.2. The material facts are these: The Orient Fast Colour Dye Works, Cuttack, is a partnership firm carrying on the business of dyeing cotton yarn. There were seventeen partners in the firm two of whom were Sri Nikunja Kishore Das and Sri Dhananjay Lenka. While assessing the said firm in respect of its income during the calendar year 1946 the Income-tax Officer included in the total profits a sum of Rs. 3249/- and Rs. 2437/- said to have been paid as remuneration to Sri Nikunja Kishore Das and Sri Dhananjay Lenka respectively. On appeal the Appellate Assistant Commissioner, Income-tax, maintained the assessment made by the Income-tax Officer and dismissed the plea taken by the petitioners to the effect that the said remuneration was paid to the said two partners not in their individual ...
Tag this Judgment!Court : Orissa
1. The short question that arises for determination in this writ petition is whether the Paradeep Port Trust, a Major Port is governed by the Payment of Gratuity Act, 1972, hereinafter referred to as 'the Act' for brevity.2. Some of the retired employees of the petitioner-trust, i.e. Paradeep Port Trust have filed several petitions before the Controlling Authority, i.e. opposite party no.1 for payment of differential amount of gratuity under the Act' and seeking various other relief under the Act. On the basis of such applications, the Controlling Authority issued notice to the petitioner-trust directing it to show-cause why relief sought under the Gratuity Act shall not be granted to the employees. Petitioner preferred a writ petition bearing no.8957 of 2005 seeking to quash the notices issued by the Controlling Authority on the plea of lack of jurisdiction.3. Petitioner claimed that it being a 'Major Port' is not coming under the applicability of the Gratuity Act as the relevant Sect...
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori31; 1967CriLJ388
R.K. Das, J. 1. The appellant has been convicted under Section 165A of the Indian Penal Code and sentenced to undergo R. I. for two years.2. P. W. 1 Japa Kissore Mohanty is a junior Sub Inspector of Police attached to Jagatsingpur Police Station in the District of Cuttack. Sometime in January 1964 he had gone to investigate a case lodged ill the instance of Kartik Satpathy, in case No. 1 of 1964, accnmanicd by some of his constables. While investigating that case, it is said, that at the instance of the present appellant some other accused persons, including Radhu Mallik and Babaji Mallik assaulted P. W. 1 and the constables. Accordingly P W 1 started a case against the appellant and ten others (Jagatsinghpur Police Case No. 4/64). The accused persons in this case filed an application under Section 494, Cr P. C., before the district Magistrate. Cuttack, for withdrawal of the said case.The Additional District Magistrate who considered this petition (Cr. Misc. Case No. 23/64-Ext. 2), on ...
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