Orissa Court March 1975 Judgments
Life Insurance Corporation of India Vs. Karthyani and ors.
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!Orissa Road Transport Co. Limited Vs. Chandra Sekhar Patnaik and ors.
Court: Orissa
Decided on: Mar-24-1975
Reported in: (1976)IILLJ144Ori
R.N. Misra, J.1. This is an application for a writ of certiorari directed against the order made by the Presiding Officer, Industrial Tribunal, under Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as the 'Act', refusing to approve the order of discharge from service of opposite party No. 1 by the management, who is petitioner before us.2. Petitioner is a Public Limited Transport Company running stage carriages on various roads situate to the south of river Mahanadi and one such road is from G. Udayagiri to Daringibadi located in the district of Phulbani. Opposite party No. 1 was employed as a driver of the stage carriage vehicle O.R.G. 2410 on the said route on 16-7-1968. On the way, at Raikia, the: passengers of the stage carriage raised objection in opposite party No. 1 driving the vehicle as they found that he was in an absolute drunken state and was not able to control the vehicle. When they resisted the further running of the vehicle on the hilly track be...
Tag this Judgment!State Financial Corporation Ltd. Vs. Satpathy Brothers and Nanda Co. ( ...
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!Basudev Sahu Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-17-1975
Reported in: [1976]102ITR572(Orissa)
R.N. Misra, J.1. This application under Article 226 of the Constitution challenges the vires of the provisions of the Taxation Laws (Amendment) Act, 45 of 1972, by which with effect from November 15, 1972, a new Chapter being XX-A was added to the Income-tax Act of 1961 (hereinafter referred to as the 'Act') providing for acquisition of immovable properties in certain cases of transfer to counteract evasion of tax.2. Petitioner purchased the land covered by plot numbers 1515/A/1 and 1515/A/2 in holding No. 6 including a pucca building standing thereon for a consideration of Rs. 55,000 under a registered sale deed dated 30th of January, 1973, from opposite party No. 6, the owner of the property. The Inspecting Assistant Commissioner of Income-tax, Acquisition Range, Bhubaneswar (opposite party No. 4) being the competent authority as provided under Section 269A(b) of the Act issued a notice to the petitioner under Section 269D(1) on April 21, 1973, for acquisition of the said property. A...
Tag this Judgment!Gopaleswar Dharua Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-14-1975
Reported in: AIR1975Ori146
G.K. Misra, C.J. 1. The writ application was filed on 1-2-1974. The petitioner filed several affidavits on 15-7-1974, 16-10-1974 and 8-11-1974 making statements of further facts. His case may be stated in short. 2. The pelnr. was the Thekadar of the three villages of Budhamunda, Tara and Chuinara in the ex-State of Bolangir, Three Pattas, one for each village, had been issued to him in 1936 for a period of fifteen years from 1-4-1936 to 31-3-1950. As Thekadar the petnr. was in possession of Bhogra lands along with his co-sharers. The Bhogra lands in villages Budhamunda, Tara and Chuinara were respectively 41.79 acres, 93.82 acres and 40.87 acres, in all 176.48 acres. The ex-State of Bolangir merged in the State of Orissa on 1-1-1948. The Government of Orissa took a decision in 1949 for abolition of Thekadari system with effect from 1-4-1950 after the expiry of the Thekadari Pattas. Accordingly Bhogra conversion proceedings were initiated. The principles to be followed were that five ac...
Tag this Judgment!Duti Debi Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-13-1975
Reported in: (1977)IILLJ110Ori
R.N. Misra, J.1. Petitioner before this Court is the widow of one Laxman Mishra who was an employee of the ex-Keonjhar State in the Ministerial cadre. Laxman was recruited to service on 28.6.1931. In 1934, the Keonjhar State adopted the Bihar are Orissa Service Code to requisite the service of its employees. In May, 1936. Laxman was confirmed in a post in the ministerial cadre. With effect from 1st April, 1942. the ex-State of Keonjhar adopted the Orissa Service Code in pace of the Bihar and Orissa Service Code In 1948 the Keonjhar State merged with the province of Orissa and Laxman's services were taken over Laxman was made to superannuate from service with effect from 31st July, 1968, in terms of the Political and Services Department Resolution dated 28th February, 1968. Immediately after the decision of this Court in Lingaraj Partanoik's case I.L.R. 1971 Cuttack 121 petitioner's husband made a representation to his administrative superiors for reinstatement in service on the ground ...
Tag this Judgment!Abdul Yakub Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-12-1975
Reported in: AIR1975Ori202
G.K. Misra, C.J. 1. The petitioner is a forest contractor. On 8-9-1972 there was auction' sale of Divisional Lots Nos. 63, 77 and 94. The petitioner was the highest bidder. The bid sheet was signed by him and he executed an agreement to be scrutinised and accepted. He madesecurity deposits and filed sales tax clearance certificate. All that could be done on behalf of the contractor was done by him. The bid was ratified by the Conservator of Forest, Angul Circle on 30-9-1972. The ratification order was however, not communicated to the petitioner. Before communication the forest department authorities had known about the negligence in working of the petitioner in some other coupe. The ratification order was therefore kept under suspension and was ultimately cancelled on 20-12-1972. The coupes were put to auction again. The writ application has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for issuing a writ of mandamus to direct opposite parties 3 a...
Tag this Judgment!The State Vs. Kastu Behera
Court: Orissa
Decided on: Mar-06-1975
Reported in: 1975CriLJ1178
ORDERR.N. Misra, J.1. This is a reference made by the learned Sessions Judge of Cuttack for quashing the order of commitment dated 17-9-1974 passed by the learned Sub-divisional Judicial Magistrate, Talcher and for a direction to the learned Magistrate to comply with the requirements of the proviso to Sub-section (2) of Section 202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code').2. On 18-5-1974, one Sudam Behera filed a complaint before the learned Sub-Divisional Judicial Magistrate at Talcher. The learned Magistrate proceeded to examine the complainant and was satisfied that the allegations revealed a case punishable under Section 436 of the Indian Penal Code which was triable exclusively by the court of session. He directed notice to issue to the accused and required the police to produce the F. I. R. given at the police station. On 17-9-1974, he recorded the following order:Complainant is present, Accused appears. He files Vakalatnama in favour of Shr...
Tag this Judgment!State Vs. Bigyan Mallik and ors.
Court: Orissa
Decided on: Mar-06-1975
Reported in: 1975CriLJ1937
ORDERR.N. Misra, J.1. This is a reference made by learned Additional Sessions Judge of Cuttack under Section 395(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') in Sessions Trial No. 65-C of 1974.2. By order dated 31-8-1974, the learned Sub-Divisional Judicial Magistrate of Cuttack committed the accused persons to stand their trial in the Court of Session; seven of them for an offence punishable under Section 395 of the Indian Penal Code and the two others under Section 412 thereof, On application made by the prosecution, accused Hari Das was granted pardon by the learned Sessions Judge on 1-10-1974 in exercise of powers vested in him under Section 307 of the Code. By the said order, the reamed Sessions Judge directed pardon to be tendered subject to the following conditions:(a) He shall make a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as a princ...
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