Court : Orissa
Decided on : Jan-15-1974
Reported in : AIR1975Ori73
Patra, J.1. This is an appeal against the appellate judgment of R.N. Misra, J. in First Appeal No. 63 of 1964 confirming the judgment and decree passed by the Subordinate Judge, Jey-pore in a suit for recovery of possession of the plaint 'A' schedule properties, mesne profits and cancellation of the Deed of Exchange Ext. A dated 26-3-1957.2. Plaintiffs 2 to 5 are sons of plaintiff No. 1. The plaintiffs constitute a joint family and are the owners in possession of the plaint A schedule lands measuring A.22.36 decs. situated in mouza Barijhola. Out of these Lands, they were in khas possession of plot Nos. 80, 87, 90 and 98 with an area of 6.11 acres. The remaining lands bearing plot Nos. 292. 29-3 and 294 were with the the Jeypore Sugar Company, Limited under possessory mortgage for a period of 12 years commencing from 11-5-1955. One Rajguru family who are not parties to this litigation own lands in village Pitamahal which was an inam village. That inam estate was abolished under the Ori...
Tag this Judgment!Court : Orissa
Decided on : Sep-20-1974
Reported in : [1978]111ITR923(Orissa)
PANDA J. - These are two references under section 256(2) of the Income-tax Act, 1961, (hereinafter referred to as'the Act'), made at the instance of the assessee to answer the following question of law, namely :'Whether, in the facts and circumstances of the case, the accounts of the assessee were liable to be rejected and estimates could be adopted by resorting to section 145 of the Income-tax Act of 1961 ?'As the same question of law arose in both the cases, the two references were heard together and will be governed by this common judgment.The assessee is M/s. Orissa Fisheries Development Corporation Ltd., Tulsipur, Cuttack (hereinafter referred to as 'the Corporation'). The assessment years involved are 1964-65 and 1965-66. The corporation carried on trading, inter alia, in fish in both the accounting years ending 31st March, 1964, and 31st March, 1965, for the respective accounting years.For the assessment year 1964-65, the assessee corporation had shown a gross loss of Rs. 24,000...
Tag this Judgment!Court : Orissa
Decided on : Jan-30-1974
Reported in : AIR1975Ori68
G.K. Misra, C.J. 1. To appreciate the points in controversy facts may be stated in brief. On 16th of July, 1956, Ratnakar Sarangi (appellant) presented an insolvency petition under Section 7 of the Provincial Insolvency Act (Act V of 1920) (hereinafter to be referred to as the Act). It was registered as Misc. Case No. 6/56 in the Court of the District Judge, Cuttack. On 20th of July, 1956, some immoveable properties belonging to the insolvent were put to sale in execution case No. 11/53 in the Court of the Subordinate Judge, Cuttack. The execution case was from a decree obtained by Narada Mohapatra, creditor No. 1, against the insolvent in M. S. No. 125/ 51 which was a decree on contest for Rs. 7,567.75 paise, on 16-10-52 with future interest as was allowed in F. A. No. 5/53. On 25-7-56 the insolvency case was admitted. On 12th of September, 1956, confirmation of sale in execution case No. 11/53 was stayed on an application made by the insolvent. On 15-11-56 this stay order was vacated...
Tag this Judgment!Court : Orissa
Decided on : Jan-14-1974
Reported in : AIR1975Ori184
ORDERS.K. Ray, J. 1. The respondent, Smt. Nandini Satpathy, was elected as a member of the Orissa Legislative Assembly in a by-election from the Cuttack City Assembly Constituency. The polling in this Constituency took place on 26-11-1972. On 10-1-1973, which was the last date under the law for the presentation of an election petition, Shri Ajit Prasad Narayan Singh, alleging himself to be an 'elector' of the aforesaid Constituency presented or filed the election petition in question challenging the election of the respondent on the- ground, inter alia, that the respondent has herself committed various corrupt practices or has connived at commission of such corrupt practices by other persons. Till 19-6-1973, this petition was being dealt with by the Chief Justice who settled the Issues and some interim matters and on 28-6-1973, he passed the following order:-- 'Put up three weeks after when a judge will be selected for trying the election case. All these interim matters will be put up ...
Tag this Judgment!Court : Orissa
Decided on : Jan-22-1974
Reported in : [1975]35STC343(Orissa)
R.N. Misra, J.1. The petitioner before us is a partner of the Central Goods Transport Corporation which carries on transport business by road, has offices located at various important cities of India and engages in transport of goods for payment. On 21st December, 1970, two vehicles of this organisation, bearing Registration Numbers ORU 1036 and BRV 5388, were carrying various goods of different consignees from Calcutta by road. Some were meant to be delivered at Cuttack within this State and others were meant for Srikakulam within the State of Andhra Pradesh. When the two trucks arrived at the sales tax check-gate located at Gandarpur-Sikharpur on the National High Way No. 5, at the outskirts of Cuttack town, on 23rd December, 1970, the check-gate authorities inspected the goods carried by the two vehicles. They found that certain goods were not covered by way-bills as prescribed under the Orissa Sales Tax Act (hereinafter referred to as the 'Act') and the Rules made thereunder. Accor...
Tag this Judgment!Court : Orissa
Decided on : Sep-26-1974
Reported in : [1978]48CompCas494(Orissa)
R.N. Misra, J. 1. This is an unpaid creditor's application for winding up under Section 433(e) of the Companies Act of 1956 (hereinafter referred to as ' the Act ').2. The defendant-company was incorporated on the 19th of March, 1956, with a share capital of Rs. 15 lakhs divided into 15,000 equity shares ofRs. 100 each and its paid up capital is Rs. 12 lakhs. The company held three mining rights in iron ore and manganese, all located within the Barbil area of the district of Keonjhar. The petitioning creditor company deals in petrol, petroleum products and diesel and has been established at Barbil from where the defendant-company had been supplied these materials on credit between August, 1968, and December, 1970, for the purpose of its business. On accounts being taken, on the 31st of July, 1971, the defendant-company acknowledged its liability in writing on this score to the extcntof Rs. 60,357.71. On the 3rd of October, 1970, the defendant-company asked for a short-term loan of Rs. ...
Tag this Judgment!Court : Orissa
Decided on : Apr-29-1974
Reported in : AIR1975Ori90
S.K. Ray, J.1. The petitioner is a Company registered under the Indian Companies Act, 1913. Its main business is manufacture of paper. It wanted to set up a Paper Mill at Chaudwar and needed land for that purpose. So it applied to the Government of Orissa for land and the latter agreed to acquire land for it and took recourse to the provisions of the Orissa Development of Industries Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act 18 of 19481 (hereinafter called the Act) for speedy acquisition of land by issuing a notification under Section 2 (c) of the Act declaring the project of setting up of a Paper Mill at Chaudwar to be included within, the expression 'Development of Industries', for the purpose of invoking the provisions of the Act. The Government in the Revenue Department then issued a Notification No. 5873-XVII-209/ 55-D dated the 19th August, 1955 under Section 3 (1) of the Act stating that 541.05 acres were...
Tag this Judgment!Court : Orissa
Decided on : Mar-27-1974
Reported in : AIR1975Ori100
R.N. Misra, J.1. The petitioner is a public limited company with its registered office at Calcutta. It has several factories at different places all over the country and one of them is at Hirakud in the district of Sambalpur under our territorial jurisdiction where smelting operation is carried. It entered into a contract in June, 1957, with the State Government of Orissa for purchase of electric power for this factory at Hirakud. When it required additional electric power after going into production, a subsequent contract was entered between those parties on the 11th of February, 1960. Article 3 of both the agreements (Annexures 1 and 2) provides that the agreements would remain valid for 25 years from 1957 with the consumer's option for a renewal.The Orissa State Electricity Board (hereafter referred to as the Board) was constituted under Electricity (Supply) Act, 54 of 1948 (hereafter referred to as the Act) with effect from 1st of March, 1961. The petitioner alleges that under the ...
Tag this Judgment!Court : Orissa
Decided on : Jan-11-1974
Reported in : [1979]117ITR388(Orissa)
Panda, J.1. This is a reference under Section 256(1) of the Income-tax Act of 1961, made by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Act' and 'Tribunal' respectively) at the instance of the Commissioner of Income-tax, Orissa, Bhubaneshwar, for answer by this court to the following question of law :'Whether, on the facts and circumstances of the case, the loss of Rs. 53,650 sustained by the assessee on the sale of Government loan is a capital loss or revenue loss ?'2. The assessee, M/s. Patnaik and Co. Pvt. Ltd., deals in automobiles. It holds an authorised agency for Fiat cars, jeeps, trucks, etc. It also sells spare motor parts. For the assessment year 1963-64, corresponding to the financial year ending March 31, 1963, the assessee claimed a loss of Rs. 53,650 sustained by it in the disposal of the Orissa Government Floated Loan 1962, purchased by it in the following background as narrated in the statement of facts submitted to this court, certain aspects of ...
Tag this Judgment!Court : Orissa
Decided on : Nov-15-1974
Reported in : AIR1975Ori155
R.N. Misra, J. 1. This is an application for a writ of certiorari to quash the order dated 7-10-1974 (Annexure 7) issued by the Principal of the M. K. C. G. Medical College at Berhampur (opposite party No. 5) cancelling the admission of the petitioner into the 1st Year M. B. B. S. Class and for a writ of mandamus to allow the petitioner to continue as student of the 1st year M. B. B. S. Class of the said College on the footing that she has been validly selected as per the intimation given to her on 21st of September, 1974 under Annexure 5. 2. The petitioner passed the 1st year Degree (Science) Examination of the Utkal University with Physics, Chemistry and Biology as group subjects and during the 1974-75 session was studying in the 4th year B.Sc. Honours Class of the S. B. Women's College at Cuttack. In July, 1974, a notice was published calling upon eligible candidates to submit applications in the prescribed form for admission into the 1st year M. B. B. S. Class of any of the three M...
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