Court : Orissa
Reported in : AIR1953Ori117
Narasimham, J. 1. This Special Bench was constituted to hear the preliminary question as to whether the decision of a Division Bench of this Court in--'Sri Rama Chandra v. Collector of Agricultural Income-tax', AIR 1962 Orissa 281 (A) regarding the construction of the words 'an order under Section 28 enhancing an assessment or otherwise prejudicial to him' occurring in Sub-section (2) of Section 29, Orissa Agricultural Income-tax Act, requires revision in view of the decision of the Privy Council in--'Commr. of Income-tax West Punjab, North West Frontier and Delhi Provinces, Lahore v. Tribune Trust Lahore', AIR 1943 P. C. 102 (B) which unfortunately was not cited before the said Division Bench of this Court. 2. The petitioner was assessed to agricultural income-tax by the Agricultural Income-tax Officer, Balasore. He appealed against the assessment to the Collector of Agricultural Income-tax under Section 25, Orissa Agricultural Income-tax Act. The Collector gave him partial relief and...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
Narasimham, J. 1. This is a petition under Article 226 of the Constitution for a declaration that the provisions of the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) are void as being inconsistent with the fundamental rights guaranteed Hinder the Constitution and that proceedings under that Act pending in the Court of the Second Officer, Russelkonda, in Misc. Petition No. 38 of 1950 are without jurisdiction.2. The petitioner claims to be the owner of about 22 acres of agricultural land in Canjam district. He alleged that formerly he allowed the opposite party to cultivate about five acres of his land; but as the latter defaulted in payment of rent he evicted him as early as 1946 and took over the cultivation of the said land through his farm servants. In January 1948, the Orissa Legislative Assembly passed, an Act entitled the Orissa Tenants Protection Act, 1948, which having been assented to by the Governor-General, came into force in all the districts of the old Province...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
Jagannadha Das, C.J.1. These are applications under Article 226 of the Constitution lor the issue of mandatory writs against the State of Orissa restraining them from issuing any notifications or taking any other steps under the Orissa Estates Abolition Act, 1 of 1952, in so far as the estates to which these applications relate. These eight applications concern eight per-manently settled estates of the ex-Madras area, which since 1-4-1936, became part of the then newly formed State of Orissa. All the applications involve substantially the same questions and are therefore dealt with together. 2. The trend of economic and political thought of the nation has insisted upon the abolition of Zamindari tenure and the elimination of intermediaries between the State and the cultivator as the first step in any general measure of agrarian reform. It has been considered that concentration of large blocks of land in the hands of a limited number of Zamindars denying fair distribution thereof to the...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori79
Panigrahi, J. 1. The petitioners, Messrs. The Orient Fast Colour Dye Works, are a firm carrying on business in dyeing yarn. In assessing the net profits of the firm for the assessment year 1947-48 deduction of a sum of Rs. 5686/-/-was claimed on the ground that it represented the remuneration paid to Messrs. Nikunjakishore Das and Dhananjoy Lenka, two of the partners of the firm, for carrying on the business of partnership. The Income-tax Officer disallowed the claim, included the sum in the net profits and assessed the same to income-tax. 2. The case for the petitioners is that the management of the firm's business was entrusted to another firm known as Friends United Agency, said to have been constituted the managing agents of the Orient Past Colour Works. It was also alleged that Messrs Nikunjakishore Das and Dhanan-joy Lenka are partners in the firm of Friends United Agency. The Appellate Assistant Commissioner found that M/s. Friends United Agency did not in fact conduct the busin...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori249
Panigrahi, C.J.1. These proceedings incontempt have been initiated at the instance of the petitioner Sri Bijoyananda Patnaik, who is the Chairman of the Board of Directors of Messrs. Eastern Mercantile Corporation, Ltd. Opposite Party 1 is the Editor of an Oriya newspaper called 'Matrubhumi' and opposite party2 is its printer and publisher. On 14-6-1952 the business premises of the petitioner were searched by an Inspector of the Special Police Establishment, Government of India, Delhi, under a warrant issued by the Additional District Magistrate, Cuttack, for the recovery of certain documents and letters exchanged between the petitioners and some overseas suppliers, in respect of a license issued by the Government of India for the import of bicycles intended for internal consumption within Orissa State. On 21-6-52 the petitioner moved this Court in Original Judicial Case No. 18 of 1952 praying for the issue of a rule on the Additional District Magistrate and the Inspector, Special Poli...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori308; 19(1953)CLT310
Mohapatra, J. 1. This appeal is against the judgment dated 15-11-52 of Sri R. C. Misra, Sessions Judge of Sambalpur-Sundergarh, convicting ap-pellant Sham Behera under Sections 335 and 201, Penal Code, and sentencing him to undergo rigorous imprisonment for 4 years under the former section and to undergo rigorous imprisonment for 3 months under the latter; and convicting appellant Srinibas Bandasena under Sections 323 and 201, Penal Code and sentencing him to rigorous imprisonment for 6 months under the former section and to rigorous imprisonment for one yearunder the latter. Both the accused persons were charged under Sections 302 and 201, Penal Code. 2. The prosecution case is that on 24-11-51, deceased Kartika Padhan, the Gountia of village Barbank, left home with a torch in hand at about 8 O'clock in the night to fix up labourers to reap his paddy. He not having returned, his youngerson P. W. 5 made an unsuccessful search in the village and sent words to his elder brother P. W. 1, ...
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori101; 19(1953)CLT491
Panigrahi, C.J.1. This is a writ application filed by the Ruler of Khandapara praying for the issue of a writ to quash the proceedings taken by the Sub-Deputy Collector, Khandapara, under the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) in Orissa Tenants Protection Act Cases Nos. 23 to 30, 32 to 34 and 36 to 41. In all these cases the Sub-Deputy Collector held that the petitioner had violated the provisions of Section 3, Orissa Tenants Protection Act and directed him to restore possession of the disputed lands to the opposite parties within a week of the receipt of his order. He further directed the petitioner to show cause why the penalty of fine under Section 10 of the said Act should not be imposed on him. The petitioner did not take part in the proceedings before the Sub-Deputy Collector as, according to him, they were without jurisdiction.2. A contention was raised on behalf of the petitioner that the Orissa Tenants Protection Act constituted a violation of Article 1...
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori139; 20(1954)CLT345; [1954]24CompCas294(Orissa)
ORDERNarasimham, J.1. This is an execution petition filed by the official liquidator of Purl Bank Ltd. (which is Banking Company) against one Sri Jitendranath Das against whom an ex parte decree was obtained by the liquidator on 17-1-1951 in M. S. No. 25 of 1951. When the notice under Order 21, Rule 22, C.P.C. was served on the judgment-debtor the latter filed two petitions stating that he had already filed a petition before the District Judge of Mayurbhanj for being adjudged an insolvent and requesting this Court to grant him permission under Section 171, Companies Act, read with Section 2, Banking Companies Act, 1949, to proceed with the said insolvency petition at Baripada. On behalf of the liquidator, however, an objection was taken to the filing of such an insolvency petition by the judgment-debtor and it was urged that under Section 45A, Banking Companies Act, 1949, as amended by the amending Act of 1950 (Act 20 of 1950) this Court alone had jurisdiction to entertain the insolven...
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori186; 20(1954)CLT417; [1954]24CompCas392(Orissa)
ORDERNarasimham, J.1. This is a reference by the Official Liquidator of Puri Bank (under liquidation) for a direction from this Court as to whether under Sections 18 and 19, Orissa Estates Abolition Act (Orissa Act 1 of 1952) he should file a claim on behalf of the Bank before the claims Officer for determination of the amount payable to the Bank out of the total compensation money due to the judgment-debtor whose estate has already vested in the State Government in accordance with the provisions of the said Act. The Advocate General appeared on behalf of the Government to oppose the reference. But none appeared on behalf of the judgment-debtor though notice was served on him.2. The Puri Bank (which is now under liquidation) was the mortgagee of the proprietary interest of the judgment-debtor in village Barhat Trilochanpur. In M. S. No. 19 of 1951 filed by the Official Liquidator, this Court passed a preliminary mortgage decree on 8-2-1952 and made it final on the 20th January, 1953 an...
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori36; 1955CriLJ547
Misra, J. 1. The present proceeding was started on the report of the Sub-Divisional Magistrate, Titlagarh, dated 7-11-53, against the Editor, Printers and Publishers of two Oriya newspapers, the Matrubhumi and the Ganatantra of Cuttack, and Sri. Muralidhar Panda, a member of the Orissa Legislative Assembly. 2. It appears that a big reservoir had been built at Government cost at Dangarpara, P.S. Titlagarh, in the district of Bolangir. On 13-8-53 a F. I. R. was lodged at the police-station to the effect that on the previous night some persons had cut the Bundh of this reservoir as a result of which water had flowed out. The F.I.R. further stated that the lands of Satya Ganda, Lakpati Kumra, Jugi Kuer and Seetaram Bhoi, all of Dangarpara, had been submerged by the accumulation of surplus water in the reservoir; and it was suspected that the breach had been caused by one or all of the aforesaid persons. The police investigated into the matter and submitted a charge-sheet on 20-10-53 agains...
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