Court : Orissa
Decided on : Sep-23-1975
Reported in : AIR1976Ori52
S.K. Ray, J.1. The plaintiff-appellant has preferred this appeal from the confirming decision of a single Judge of this Court dismissing the suit, under Article 4 of Orissa High Court Order 1948, read with Clause 10 of the Letters Patent.2. The appellant filed his suit in the court of the Sub-Judge, Puri for a declaration that he is the hereditary trustee of Radhaballav Math with all its endowments located in the town of Puri being the nominated successor of the late Mahant Shri Radhacharan Das who died in 1963.Undisputedly, Radhaballav Math is an institution of Numbark cult. Its last Mahant was Radhacharan Das who was recognised by all public authorities including defendant No. 1, the Commissioner of Hindu Religious Endowments, Orissa (hereinafter referred to as 'Commissioner). The plaintiff alleges that the late Mahant validly initiated him as his Chela according to customary and usual religious rites prevailing at the Math and the sect to which the institution belonged, and also exe...
Tag this Judgment!Court : Orissa
Decided on : Jan-06-1975
Reported in : AIR1975Ori161
S.K. Ray, J. 1. The respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated 2-8-1968 of one Kinu Bal who died on 17-11-1968. This was registered as O. S. No. 1 of 1971 in the court of the District Judge, Cuttack. By decision dated 11-5-1972 the District Judge directed issuance of letters of administration with a copy of the will annexed in favour of the applicant Niranjan Bal on his furnishing security to the extent of Rs. 15,000/-. The appellants who had appeared in response to citations issued by the District Judge claiming an interest in the estate of the deceased being aggrieved with the aforesaid decision have filed the present appeal. 2. The appellant No. 1 lodged caveat against the grant of probate of the will with the District Judge. In his written statement the appellant No. 1 challenged the genuineness of the will and the testamental capacity of the testator on various grounds set out in p...
Tag this Judgment!Court : Orissa
Decided on : Feb-18-1975
Reported in : AIR1975Ori205
Misra, C.J.1. First Appeal No. 89 of 1971 arises out of Money Suit No. 46 of 1970 and First Appeal No. 90 of1971 arises out of Money Suit No. 47 of 1970. Both the suits were analogously tried in the court of the Subordinate Judge, Berhampur, as they arise out of the same facts. These two appeals have been analogously heard by us.2. In Money Suit No. 47 of 1970, plaintiff No. 1 is the widow, plaintiffs 2 and 3 are the sons and plaintiffs 4 and 5 are the daughters of deceased Nirakar Sahu. In Money Suit No. 46 of 1970 plaintiff No. 1 is the widow and plaintiffs 2 and 3 are the sons of deceased Suma Das. Nirakar Sahu and Suma Das died in the morning of 5-9-1969 as a result of the fall of the southern cantilever portico slab of the out-patient block of the Maharaja Krishna Chandra Gajapati Medical College Hospital. Berhampur Plaintiffs in both the suits have claimed compensation from the State of Orissa.Nirakar Sahu was the Cashier in the office of the Superintending Engineer, Electrical, ...
Tag this Judgment!Court : Orissa
Decided on : Feb-27-1975
Reported in : AIR1975Ori203
Mohanti, J. 1. The relevant facts are as follows:-- The State of Orissa had undertaken the construction of the Balimela Dam Project in Koraput District and the appellant had entered into a contract with the respondents to execute the work styled as 'Excavation of Drainage Channel at Dyke III'. The agreement was executed on 18-3-1965. Differences having arisen between the parties both as to the rates payable to the appellant and the quantum of work done and also about the interpretation of the agreement, the work could not be proceeded with. Res-pondent No. 1 having terminated the contract the appellant felt aggrieved by the loss suffered by him. As the agreement provided for the appointment of a sole arbitrator of the rank of a Superintending Engineer, the appellant requested the Chief Engineer by an application dated 1-8-1967 to appoint an arbitrator. As no such appointment wag made, the appellant filed a petition under S. 20 of the Indian Arbitration Act in the court of the Subordina...
Tag this Judgment!Court : Orissa
Decided on : Mar-18-1975
Reported in : AIR1975Ori132
G.K. Misra, C.J.1. Facts may be stated in short. The State Financial Corporation Ltd. (hereinafter to be referred to as the Corporation) is the petitioner before the District Judge, Puri, M/s. Satpathy Brothers and Nanda Company (Private) Ltd. (opposite party No. 1) is an industrial concern. Its Directors are opposite parties 2 to 4. Opposite party No. 1 applied to the Corporation for a loan for setting up a rice mill at Sakhigopal in the district of Puri. The Board of Directors of the Corporation sanctioned a loan of Re. 2,40,000 on 28-9-1962. Opposite parties executed and registered one mortgage bond on 30th October, 1962 and a supplementary mortgage bond on 27th December, 1963. In the mortgage deeds a first charge was created in respect of properties mentioned in Schedules B to D of the petition. Opposite parties 2 to 4 executed the mortgage deeds as Directors of the company and in their personal capacity as guarantors. The entire amount of Rs. 2,40,000 was paid to the opposite part...
Tag this Judgment!Court : Orissa
Decided on : Mar-31-1975
Reported in : AIR1976Ori21
S. Acharya, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') against the award passed by the Motor Accidents Claims Tribunal, Sambalpur in Misc. (Acci-dent) Case No. 18 of 1970 awarding a sum of Rs. 43,000/- as compensation for the death of T. R. Shankaran (the husband of claimant No. 1 and father of claimants 2 to 4), a Foreman in Koppers India Private Limited, Rourkela.2. This appeal has been filed by theLife Insurance Corporation of India (hereinafter referred to as the 'Insurer'), oppositeparty No. 2 in the court below, with whomthe Jeep No. ORO 529 belonging to theHindusthan Steel Limited, Rourkela (hereinafter referred to as the 'H. S. L.') was insured. The facts on which the claim underSection 110-A of the Act was filed by theclaimants in the court below are that at about1.40 P. M. on 20-4-70 the deceased T. R.Shankaran was going on a bicycle on the leftside of the road inside the H. S. L, premises,Rourkela. At th...
Tag this Judgment!Court : Orissa
Decided on : Apr-02-1975
Reported in : [1976]103ITR613(Orissa)
G.K. Misra, C.J. 1. Both the cases have been heard together as they arise out of same facts which may be stated in short. M/s. Gangaram Chapolia and Co. is a partnership firm constituted under a deed of partnership under the Indian Partnership Act, 1932 (hereinafter to be referred to as ' the firm ') Shri Gangaram Chapolia, Shri Babulal Chapolia, Shri-mati Sarada Devi Chapolia and Shrimati Rukmani Devi Chapolia are the partners of the firm. They are the petitioners, and the Commissioner of Income-tax, the Income-tax Officer and the Income-tax Appellate Tribunal are the opposite parties Nos. 1 to 3 in O.J.C. No. 684 of 1974. The Commissioner of Income-tax is the applicant and the firm is the respondent in S.J.C. No. 17 of 1973.2. For the assessment year 1964-65 the accounting year ended on the Ram Navami day (April 18, 1964). Under the provisions of the Income-tax Act, 1961 (hereinafter to be referred to as ' the Act'), which came into force on and from April 1,1962, the firm was requir...
Tag this Judgment!Court : Orissa
Decided on : Apr-15-1975
Reported in : AIR1975Ori219
G.K. Misra, C.J.1. The case of the plaintiff may be stated in short. Schedules A, B and C of the plaint constitute the disputed lands. A and B Schedules are Bhorga lands. They were a part of holding No. 1 of the 3rd settlement (1927) in the ex-State of Sonepur. Schedule A and B lands respectively comprise 3.21 acres and 15.52 acres. Schedule C lands were in holding No. 48 of the 3rd settlement and were raiyati lands with an area of 39.84 acres. All the three schedule lands were recorded in the name of Jaisingh Rai, father of the plaintiffs, in the 3rd settlement.Schedule A and B lands were converted into rayati by order (Ext. N) of the Collector. Bolangir, on 16-12-1962 in Bhogra Conversion Proceedings in respect of village Siali in which the suit lands are situated. Jaisingh Rai died on 16-11-1954. Till his death he was in peaceful physical possession of the disputed lands in his own right, title and interest. After his death plaintiffs inherited the properties and were in possession ...
Tag this Judgment!Court : Orissa
Decided on : May-02-1975
Reported in : [1977]109ITR370(Orissa)
R.N. Misra, J.1. This is an application under Article 226 of the constitution for a writ of certiorari to quash the notices issued under Section 148 of the Income-tax Act of 1961 (hereafter referred to as 'the Act') in respect of the five assessment years being 1965-66 to 1969-70.2. The assessee-petitioner is a firm constituted under the Indian Partnership Act of 1932. For the assessment years 1954-55 and 1955-56, the firm was accorded registration under the Indian Income-tax Act of 1922, but thereafter registration was refused. Certain sister concerns of the assessee-firm were treated not to be genuine and the assessee-firm itself got entangled in various proceedings of assessment, penalty, et cetera. Thereupon, with a view to bringing about a settlement, the assessee approached the Director of Inspection (Investigation) of the Central Board of Direct taxes. According to the assessee, its application was examined at great length with reference to the books of account with particular e...
Tag this Judgment!Court : Orissa
Decided on : Jun-20-1975
Reported in : AIR1976Ori38
K.B. Panda, J. 1. The appellant Shri G.C. Harichandan Jagadeb who was originally opposite party No. 13 in O. P. No. 128 of 1968 under Section 41 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the Act) having lost both in the Court of the Assistant Commissioner of Endowments as well as in appeal in the Court of the Commissioner of Endowments has preferred this appeal alleging that the findings of the learned Courts below that he is not the hereditary trustee of the deity Shri Jagannath Swamy situated in village Arkhapur under Purusottampur police station within the district of Ganjam are not sustainable. The short facts giving rise to this appeal are as follows: Lord Shri Jagan-nath Swamy is situated in village Arkhapur within a respectable temple having a height of about 90 feet. There are certain parswa Debatas. It has a compound wall and lion's gate etc. As it appears, there is no controversy at this stage that at one time the ancestors of the Raja of ...
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