Orissa Court October 1979 Judgments
Jyoti Transport and Service Co-operative Society Ltd. Vs. the Aska Co- ...
Court: Orissa
Decided on: Oct-29-1979
Reported in: AIR1980Ori62; 48(1979)CLT599
S. Acharya, J.1. The plaintiff has preferred this second appeal against the confirming decision of the Subordinate Judge, Aska in Title Appeal No. 4 of 1979.2. Admittedly, the plaintiff and defendant no. 1 are co-operative societies and both the societies have been registered under the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as the 'Act'). Defendant no. 2 is the Managing Director of defendant no. 1.3. It is not necessary for me to state in detail all the facts alleged in the pleadings of both the parties. Suffice it to say that the plaintiff allegedly entered into a contract with the defendants for transporting sugar cane to the factory premises of the defendants. After execution of the said contract and part performance of the same for one year, the defendants called for tenders from other persons for doing the said work for the defendants. Thereupon, the plaintiff instituted this suit praying for an injunction against the defendants prohibiting them from invi...
Tag this Judgment!Kumarbar-bar Behera Vs. Executive Engineer, P.H. Maintenance Division ...
Court: Orissa
Decided on: Oct-23-1979
Reported in: AIR1980Ori40; 49(1980)CLT53
ORDERS. Acharya, J. 1. This Civil Revision is filed against the order dated 19-6-1979 of the Subordinate Judge, Bhubaneswar in Misc. Case No. 88/79 holding that there is no valid existence of an arbitration agreement between the parties and the arbitration proceeding pending before the Superintending Engineer, P. H. Circle, Berhampur, Ganjam (opposite party No. 2) in this revision and also in the court below is null and void.2, The facts which are not disputed by the parties are as follows:--The Executive Engineer, P. H. Maintenance Division No. II, Bhubaneswar (opposite party No. 1) by his notice dated 5-2-1974 called for a tender for the work 'Flood damage repair at Kuakhai duringflood on 6th and 7th September'. The work then was assessed at Rs. 47,000/-and odd. The tender submitted by the petitioner turned out to be the lowest, and it was accepted. On revised estimate of the work done later it was assessed at Rs. 26,837.65, and that was communicated to the petitioner on 22-4-74. Aft...
Tag this Judgment!Vysyaraju Vadreenarayana Moorty Raju Vs. Epari Venugopalam
Court: Orissa
Decided on: Oct-23-1979
Reported in: AIR1980Ori63; 49(1980)CLT227
R.N. Misra, J.1. This Letters Patent appeal is directed against the reversing appellate decision of our learned brother Acharya, J. and arises out of an execution proceeding.2. The decree-holder-appellant filed Money Suit No. 3 of 1963 for recovery of a sum of Rs. 47,080.56 out of which Rs. 29,164.52 was the principal and the balance of Rs. 17,916.04 was interest up to the date of the suit. On 22-9-1965, the suit was decreed for the entire amount claimed together with pendente lite and future interest at 6 per cent per annum. Costs of Rs. 5,325.62 were decreed and the judgment-debtor was allowed to satisfy the decree in monthly instalments of Rs. 1000/-. The decree was executed in E. P. No. 22 of 1970. The judgment-debtor filed an application that the decree had been satisfied inasmuch as he had already paid Rs. 60,300/- by 16-9-1974. This stand was obviously taken by invoking the Damdupat Rule provided in Section 10 of the Orissa Money-lenders Act (hereinafter referred to as the 'Act'...
Tag this Judgment!Indian Metals and Ferro Alloys Ltd. Vs. Orissa State Electricity Board
Court: Orissa
Decided on: Oct-23-1979
Reported in: AIR1980Ori44; 48(1979)CLT491
ORDERS.K. Ray, C.J. 1. The petitioner is a Public Limited Company, engaged in manufacture of Ferro Silicon and Silicon Metals in a factory at Theruvali in the district of Koraput. On 3-4-1967 it entered intoa contract with the Orissa State Electricity Board (opposite party) for receiving 10,000 KWH of power at the rate of Re. 0.03 p. per unit in average for 15 years. The petitioner was required to pay tariff for the aforesaid supply as mentioned in Clause 13 of the contract.On 2-1-1974 it entered into another contract with the Board under which it is to receive 25,000 KWH of power for 15 years at the rate of Re. 0.03 p. per unit for the first five years, Re. 0.04, 5 p. per unit for the next five years and Re. 0.06 p. per unit for the last five years.2. In both the cases the Board raised the tariff unilaterally. So the petitioner filed two suits. Suit No. 73 of 1976 was filed in the court of the Sub-Judge, Bhubaneswar under Section 20 of the Arbitration Act to refer the question of rais...
Tag this Judgment!Kishanlal Sindhi Vs. Executive Officer, Notified Area Council
Court: Orissa
Decided on: Oct-15-1979
Reported in: 48(1979)CLT542; 1980CriLJ365
ORDERP.K. Mohanti, J.1. This Criminal Revision is directed against the appellate judgment maintaining the conviction of the petitioner under Section 385-A of the Orissa Municipal Act, 1950 and the sentence of fine of Rs. 250/- with a default sentence of simple imprisonment for six months and also a daily fine of Rs. 10/- from 14-3-75 until removal of the unauthorised construction.2. Accusation against the petitioner was that he constructed a house in Padampur N. A. C. area without permission of the Notified Area Council and that despite issue of reminders by the Executive Officer of the Notified Area Council to stop the construction of the house he went on constructing the same.3. The petitioner's plea was that about one month prior to the construction of the house he had applied for permission to construct a house, but his application was neither allowed nor rejected by the Executive Officer. Thereafter, he reported the matter to the Chairman of the Notified Area Council, but no actio...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Surjyamoni Padhi and ors.
Court: Orissa
Decided on: Oct-11-1979
Reported in: AIR1980Ori17
P.K. Mohanti, J.1. This appeal is under Section 110-D of the Motor Vehicles Act by the insurer and is directed against the decision of the District Judge-cum-Motor Accidents Claims Tribunal, Balangir, awarding a sum of Rs. 23,460/- as compensation in favour of respondents 1 & 2.2. One Bishnu Prasad Padhi, aged about 52 years, was a licensed stamp vendor at Titilagarh. On 24-9-1973 at about 8 a.m. while he was going on a cycle in front of the Munsif's court at Titilagarh, a truck belonging to respondent No. 7 Dewan Chand Jam, knocked down and ran him over, causing his instantaneous death at the spot. Respondents Nos. 1 and 2 are the son and widow respectively, respondent No. 3 is the daughter-in-law and respondents 4 to 6 are the grandchildren of the deceased. They claimed a total compensation of Rs. 50,000/-. According to them, the accident which resulted in the death of the deceased was due to rash and negligent driving of the truck.3. The owner of the vehicle entered appearance throu...
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