Court : Orissa
Decided on : Jan-07-1952
Reported in : AIR1952Ori318
Jagannadhadas, C.J.1. These four proceedings arise out of rules issued against certain persons for having committed contempt of this Court by publication of certain news items and articles in newspapers. To elucidate the background of these proceedings, it is necessary to state a few preliminary facts.2. In the month of April, 1951, there were examinations held at Cuttack by the Utkal University for the 'M. B. B. S. degree. These proceedings arise out of examinations for the 1st year M. B.B. S. students. The Board of Examiners submitted their results to the Syndicate on the 21st of April. The Vice-Chancellor of the University had information two days earlier, that is on the 19th April, that some questions in the written paper for the examination in Anatomy of the said 1st M.B.B.S. held on the 9th April, had leaked out. At a meeting of the Syndicate on the 21st April, the inform-mation received about the leakage of the question in the written Anatomy paper was considered by the Syndicat...
Tag this Judgment!Court : Orissa
Decided on : Jan-17-1952
Reported in : AIR1952Ori281; [1952]22ITR220(Orissa)
Narasimham, J.1. This is an application under Sub-section (3) of Section 29 of the Orissa Agricultural Income-Tax Act, 1947 against an order of the Revenue Commissioner refusing, to state a case for the decision of the High Court in respect of the assessment of the petitioner of agricultural income-tax for the year 1947-48.2. The petitioner is the proprietor of the impartible estates of Khallikote, Ataganda and Biridhi. On 26-5-49, the Agricultural Income-Tax officer of Ganjam made an assessment on the total agricultural income of the petitioner for the year 1947-48 as estimated by him. Against that order, the petitioner filed an appeal under Section 25 of the Act before the Collector of Agricultural Income-Tax, Orissa, who dismissed the appeal and confirmed the assessment on the 6th March, 1950. The petitioner then filed a revision petition under Section 23of the Act before the Revenue Commissioner who rejected this petition. Then he applied to him under Sub-section (2) of Section 29 ...
Tag this Judgment!Court : Orissa
Decided on : Apr-07-1952
Reported in : AIR1952Ori258; 18(1952)CLT276
ORDERNarasimham, J.1. This revision is against the conviction of the petitioners for certain forest offences committed in Bamra State sometime in July 1949, and the sentence of fine passed by the Sub-Divisional Magistrate of Kuchinda. Their appeal against the conviction and sentence was dismissed by the Sessions Judge of Sambalpur.2. Village Lepaikani, Babejore and Laidaguna in Bamra State form part of Sadharan forest of the State. It is alleged that the petitioners felled some green trees of the reserved species from these villages and thereby committed an offence under Rule 43 (a), (b), (f), & (g) of the Rules for the Preservation and management of the Bamra State forests, including Zamindari Areas. It was further alleged that they prepared the land for cultivation within the protected forest area of village Laidaguna and thereby committed an offence under Rule 8 (I) (i) of the said Rules.3. The main, point of law Urged by Mr. Ray on behalf of the petitioners, is that with the merger...
Tag this Judgment!Court : Orissa
Decided on : Sep-03-1952
Reported in : AIR1953Ori3; 19(1953)CLT81
Narasimham, J. 1. This is an appeal against an order of the Subordinate Judge of Berhampur scaling down the decretal amount payable by the respondents-judgment-debtors to the appellants-decree-holders, in exercise of the powers conferred by Section 10 of the Orissa Money Lenders Act.2. The original loan that was advanced to the respondents' predecessor-in-interest was only Rs. 2,000 based on two promissory notes for Rs. 1,000 each dated 1-9-28 and 5-10-28. In due course, fresh promissory notes for the principal and interest due were executed by the debtor on 1-9-31 and 21-7-34. The last promissory note was for a sum of Rs. 3,647-3-4. Two payments of Rs. 100 on 19-7-37 and Rs. 800 on 12-7-40 were made by the debtor and then the creditor instituted a suit (O. S. 48 of 1942) in the Court of the Subordinate Judge, Berhampur for the realisation of the balance of the debt with interest. The suit was eventually compromised and a compromise decree for Rs. 7,000 was passed directing the payment...
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1952
Reported in : AIR1953Ori153
Jagannadha Das, C.J.1. These applications were previously heard on the 21st and 22nd of October and we pronounced orders on 27-10-52 (See AIR 1953 Orissa 49) granting to the applicants one of the prayers which they made in their applications viz., a direction for the issue of copies of certain documents, which the learned Magistrate held the applicants not to be entitled to. We felt that in the light of the additional material that may be available to the applicants on getting those copies it would be desirable to hear further arguments with reference to the legality of the searches which was the second question that was raised. We accordingly directed that the applications should be posted for further hearing. They have therefore come up again before us and we proceed to consider the question of the legality of the searches.2. It is necessary to note at the outset that when the applications were first heard on the 21st October, the advocate for the petitioners sought to put forward an...
Tag this Judgment!Court : Orissa
Decided on : Dec-03-1952
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...
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