Court : Orissa
Decided on : Apr-23-1958
Reported in : AIR1959Ori4
ORDERP.V.B. Rao, J.1. This revision is directed against the order of the learned Subordinate Judge, Pun, refusing to extend the time for passing an award on a reference made by the parties.2. In pursuance of the terms of an agreement executed by the petitioner and the Government of Orissa in July, 1953, the Governor of Orissa constituted a Tribunal consisting of three members for adjudication of the dispute between the parties. The Chairman of that Tribunal sent an application to the learned Subordinate Judge along with a letter dated 20-6-56 stating the circumstances under which the award could not be made within four months after entering on the reference and also requesting for enlargement of time. The petitioner also filed a similar application.3. The date of entering on the reference was 27-1-54 when all the members of the Tribunal met together. On 22-4-54 the petitioner filed an application before the Tribunal to withdraw the reference and after hearing the said petition, the Tri...
Tag this Judgment!Court : Orissa
Decided on : Jul-08-1958
Reported in : AIR1959Ori79; 24(1958)CLT377; [1958]9STC648(Orissa)
P.V.B. Rao, J. 1. The petitioners Messrs. Jami Narasaya Prusty and Brothers through the Managing Partner Jami Narasaya Prusty filed this application for issue of a writ in the nature of mandamus on the opposite party not to collect the tax assessed on the turn-over of Rs. 45000/- during the three quarters as sales tax.2. The petitioners are a partnership firm consisting of Jami Narasaya Prusty, Jami Sundarbalu Prusty and Jami Srivangan Prusty and are dealers registered as such under the Orissa Sales Tax Act. The petitioners submitted a return of their sales for the quarters ending 30-6-55, 30-9-55 and 31-12-55 for a gross turn-over of Rs. 36,332-6-3, Rs. 41,807 0-6 and Rs. 33,883-12-6 respectively The petitioner are dealers in grocery, stationery, toilets, books, Khadi cloths, oils, oil-seeds, iron goods, agricultural implements etc. and maintained their accounts on the gross sales that took place in their shop.The Sales Tax Officer was not satisfied with the gross return made by the p...
Tag this Judgment!Court : Orissa
Decided on : Aug-22-1958
Reported in : AIR1959Ori148
S. Barman, J.1. The defendants are the appellants before us. In May 1950, the plaintiffs filed a suit against the defendants alleging that they were trespas ers on the suit land. In September, 1951, there was a decree for ejectment of the defendants. Against the said decree, seven defendants appealed. During the pendency of the appeal one of the defendants being defendant No. 6 Chintamani Paital, died leaving him surviving his heirs and legal representatives. Admittedly, there was no substitution of the deceased's heirs and legal representatives.2. The only question for consideration on these facts, briefly stated above, is whether it was a case of partial or total abatement.3. It appears from the frame of the suit, as in the plaint, that it was a suit for declaration of the plaintiff's title. The prayers in paragraph 10 of the plaint are as follows:'(a) that it be declared that the plaintiff No. 1 through the trustees plaintiffs Nos. 2 to 4 has title to the suit lands and that the def...
Tag this Judgment!Court : Orissa
Decided on : Oct-09-1958
Reported in : AIR1959Ori98
R.L. Narasimham, C.J.1. This is an appeal under Clause 10 of the Letters Patent of the Patna High Court (which is applicable to Orissa by virtue of the Orissa High Court Order 1948) against the judgment (in appeal) of a single Judge of this Court in Miscellaneous Appeal No. 81 of 1956. That appeal was filed against the appellate judgment of the Commissioner of Hindu Religious Endowments, Orissa (hereinafter referred to as the Commissioner) passed under Section 44 of the Orissa Hindu Religious Endowments Act 1951 (Orissa Act No. II of 1952 -- hereinafter referred to as the new Act) dismissing an appeal against the order of the Assistant Commissioner of Hindu Religious Endowments Orissa (hereinafter referred to as the Assistant Commissioner) passed under Section 41 of that Act declaring a particular religious institution to be a public one and one Ramesh Chandra Das and his agnates to be the hereditary trustees of the same.A preliminary objection was taken to the entertainability of this...
Tag this Judgment!Court : Orissa
Decided on : Feb-26-1958
Reported in : AIR1958Ori168; 1958CriLJ1055
R.L. Narasimham, C.J.1. This is a proceeding for contempt started against the former Chief Minister of Orissa, Sri Naba Krishna Choudhury in respect of a speech made by him in the Orissa Legislative Assembly on 8-3-1956. An extract from the speech was published in a local daily known as 'Matrubhumi' on 10-3-1956. The Editor and the Printer and Publisher of the said daily were also called upon to show cause why they may not be committed for contempt, but they have both tendered an unqualified apology.2. In October 1953 a Division Bench of this Court, (Panigrahi C. J. and Mohapatra J) in an application under Article 226 of the Constitution filed by one of the Zammdars of Ganjam district delivered judgment holding that the survey made in Ganjam District was not authorised by law inasmuch as the proper notification under the Madras Survey and Boundaries Act of 1923 was not issued, and also gave consequential reliefs to the applicant. This judgment was reported in Mohan Prasad Singh Deo v. ...
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