Court : Orissa
Reported in : AIR1960Ori141
S.P. Mohapatra, J. 1. The plaintiffs, who were unsuccessful in both the courts below, have come with this second appeal against the confirming judgment of the lower appellate Court arising out of a suit for recovery of damages on account of the plaintiffs' having suffered damages of their articles consignedfrom Faruqabad to Bhadrak. The plaintiffs' version is that a consignment of 273 baskets of potatoes weighing nearly 307 maunds was despatched on 27-5-52 from Faruquabad situate in East Indian Railway at the time when the consignment was made, and the consignment reached Bhadrak the place of destination on 8-6-52 and the plaintiffs when taking delivery of the goods on 9-6-52 found that 100 baskets had suffered damages to the extent of 80 per cent, another 100 baskets to the extent of 40 per cent and the rest 73 baskets to the extent of 35 per cent. The plaintiffs therefore levied the claim at Rs. 2445/-. The plaintiffs aver that the damages were on account of the delay and negligence ...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori113
R.L. Narasimham, C.J.1. This is an appeal by the contesting defendants (Defendants 1, 2, 4, 5, 6 and 9) against the judgment and decree of the Additional Subordinate Judge, Berhampur, passing a preliminary decree for partition, for estimation of mesne profits, and for other consequential reliefs in favour of the plaintiff. The following is the pedigree showing the relationship of the parties. MAGHANAD PADHY_DOMMI DEI | ---------------------------------------------------------- | | | | Kruttibas (Deft. No. 1) Apanna alias Pitambar (died in Surekha Sayantha (Deft.8) Madhusudan (Deft.2) Apr.1936=Malati(Plff.) (deft.9) | | ---------------------- ----------------- | | | |Padmanabg Dibyasingha Biswanath Saratha (Deft.3.) (Deft.4.) (Deft.5) (Deft.6) |Bhaskar (Deft.7)2. The plaintiff's case was that the joint family properties of her husband Pitambar and his two brothers, Kruttibas and Appanna, were partitioned by metes and bounds by four arbitrators by an award dated 9-7-1929 (Ext. 6). At th...
Tag this Judgment!Court : Orissa
Reported in : [1959]36ITR100(Orissa)
BALAKRISHNA RAO, J. - The Income-tax Appellate Tribunal, Patna Bench, of the Indian Income-tax Act :'(1) Whether, in the absence of enacting yearly Finance Acts by the Gangpur State, the levy of the tax made in the supplementary assessment dated June 27, 1953, can be made upon the income for the assessment yea 1946-47 ?(2) Whether the Income-tax Officer was competent to re-assess the income under section 23(4) read with section 34, in pursuance to section 7(1) of the taxation Laws (Extension to Merged States and Amendment) Act, 1949 ?'The relevant facts appearing from the statement of the case by the Tribunal are as follows :The assessee was a registered firm and was a resident in an Indian State, Gangpur State. The assessment year was 1946-47. The Indian Income-tax Act of 1922 with some modifications was adopted by the then existing feudatory State of Gangpur and came into force from 1st April, 1937. The Act was subject to certain rules made by the Gangpur State at the time when it wa...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution for a declaration that the Orissa Municipal Elections Validation Ordinance 1959 (Orissa Ordinance No 1 of 1959) (hereinafter referred to as the Ordinance) is void and inoperative in its application to Cuttack Municipality and for a permanent injunction restraining the State of Orissa (opposite party No. 1) from enforcing the Ordinance and restraining opposite parties Nos. 2 to 28 from exercising their functions as Councillors, Chairman and Vice-Chairman as the case may be, of Cuttack Municipality. 2. The elections to Cuttack Municipality took place during the period from December, 1957 to March, 1958 and opposite parties 2 to 28 were dulydeclared elected as Municipal Councillors. Opposite party No. 3 Sri Manmohan Misra was elected Chairman and opposite party No. 15, Sri Mahendra Kumar Sahu was elected Vice Chairman of the said Municipality. The petitioner Sri Bhupendra Kumar Boss who was one of the defeated ca...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori100
ORDERG.C. Das, J.1. This is a plaintiffs petition against the judgment of Small Cause Court Judge of Berhampur dismissing his suit (S. C, C. Suit No. 239 of 1956).2. The plaintiff commenced the suit for recovery of Rs. 220/- from the defendant-railway (South Eastern Railway) as compensation for damages to a consignment of Atta booked under R/R 5987/32, invoice No. 1 dated 27-9-55 from Bhilsa Railway Station 011 Central Railway to Berhampur Railway Station on the South Eastern Railway. The plaintiff's whole case was that they being the consignees took delivery of the aforesaid consignment on 13-10-1955 and found that some of the contents were damaged.The Station Master, Berhampur granted a certificate (Ex. 1) on 19-10-1955 to the effect that the contents to the extent of 14 maunds and 10 seers were damaged. Thereafter the plaintiff put in claim under Section 77 of the Indian Railways Act (Act IV of 1890) (hereinafter referred to as the Act) and received a reply from the Railway administ...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori73; 26(1960)CLT19
G.C. Das, J.1. This is an application under Article 226 of the Constitution challenging the order of the ElectionOfficer, Gram Panchayat Elections, Aska Taluk in the district of Ganjam, rejecting the nomination paper of the petitioner lor election to the Gunthi-poda Gram Panchayat.2. The facts leading upto this application are these: The petitioner filed his nomination paper for contesting the election from Ward No. 2 to the aforesaid Gram Panchayat. Opposite Party No. 2, Bhagaban Swain during the scrutiny of the nomination papers objected to the candidature of the petitioner on the ground that he had been sentenced to imprisonment for a period exceeding three months under Sections 506 and 143 Indian Penal Code, in G. R. Case No. 9 of 1948 by the Special first class Magistrate, Aska. In fact the petitioner was convicted for a period of three months under Section 506 and for further period of one month under Section 143 of the Indian Penal Code.The Magistrate, however, while thus convic...
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori26; [1961]31CompCas617(Orissa)
Barman, J.1. The defendant No. 1 is the petitioner in this Civil Revn. directed against an order of the Addl. Subordinate Judge, Cuttack, in mortgage suit No. 53 of 1953, who, --on a consideration of the preliminary issues raised by the defendants in the said suit as to maintainability and jurisdiction of the trial court to entertain the said suit, in view ot certain provisions of the Banking Companies Act, 1949, --held that this suit was maintainable in his court and that the said Court had jurisdiction to entertain and try the same.2. The plaintiff in the suit is Orissa Bank Ltd. The suit was filed by the plaintiff through its Official Liquidator as Liquidator of the Bank 'In Members Voluntary Liquidation'. The relevant facts shortly stated are these: In 1933 the plaintiff was registered as a company under the Indian Companies Act, 1913. The name of the Company, Orissa Bank Ltd., was registered as stated in the Memorandum and Articles of Association as appears from a copy thereof ame...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori129
S. Barman, J.1. In this Miscellaneous appeal, the plaintiff is the appellant from a judgment of the learned Additional District Judge, Ganjam Nava-garh, Berhampur in Title Appeal No. 21 of 1955 against the decree passed by the learned Munsiff of Berhampur in Title Suit No. 77 of 1950.2. This matter, -- relating to jurisdiction and court-fee, -- arose out of the plaintiff's suit for specific performance of contract for sale of land. Upon the vendor's failing to carry out his part of the contract, the plaintiff filed the suit against the vendor and in the suit she added the subsequent purchasers being defendants Nos. 3 and 4. The vendor is defendant No. 1 and defendant No. 2, as his Dewan, was also added as a party. The learned Munsit decreed the suit and in appeal from his decision the learned lower appellate court made an order of remand in terms as stated in his judgment.The order of the learned lower appellate court was that the judgment and decree of the learned. Munsif was set asid...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori154
ORDERS. Barman, J.1. The plaintiff is the petitioner in this Civil Revision against an order of the learned Small Cause Court Judge, Berhampur in S.C.C. Suit No. 257 of 1956 whereby he dismissed the plaintiffs' suit.2. The relevant facts, shortly stated, are these: In September 1955, the plaintiff, under an Invoice No. 170 dated September 22, 1955 consigned from Ahmedabad on Western Railway one bale of cotton piece goods for delivery to it at the Chhatrapur Railway Station on the South Eastern Railway. The goods arrived on October 15, 1955 and were left open on the platform at the Chliatrapur Railway Station instead of in a protected place with the consequence that the goods are alleged to have been drenched and damaged by rain water. The goods having not been taken delivery of within the reasonable time, demurrage Was charged. On December 28, 1955 an Assessment of Damage Certificate was issued by the Station Master Chhatrapur on the value of the bale. On January 27, 1956 a claim notic...
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori57; [1962]32CompCas584(Orissa)
S. Barman, J. 1. This is a suit by the plaintiff one Surendra Nath Bhuyan against the liquidator, Puri Bank Ltd. for setting aside an ex parte decree passed against him for a sum of Rs. 1,698/- on the facts and circumstances hereinafter stated.2. This litigation had a chequered career beginning from January 29, 1948 when the Bank filed in the court of the Subordinate Judge, Puri, a petition along with a plaint, being Misc. Case No. 9 of 1948 to sue in forma pauperis the said Surendranath Bhuyan, on his current account with the Bank as appears from the relevant order-sheet (Ext. T). The whereabouts of the said Surendra Nath Bhuyan, defendant in the said suit, were reported fo be unknown and accordingly an order for substituted service was obtained as hereinafter stated. On July 17, 1948 the said petition in forma pauperis was allowed and it was converted to Money Suit No, 437 of 1948.On August 31, 1948 there was an order for fresh service of summons on the said Bhuyan. The service was f...
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