Orissa Court September 1979 Judgments
Kanhialal Sarda and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-19-1979
Reported in: AIR1980Ori27; 49(1980)CLT155
Achakya, J.1. O.J.Cs. 407 and 408 of 1976 have been filed by Kanhialal Sarda, son of late Baijnath Sarda. By these two writ petitions the petitioner seeks for a direction from this Court to the State of Orissa (Opp. Party No. 1) in the Mining and Geology Department to execute a formal deed of lease in respect of the areas separately described in paragraph 1 of each of these two writ petitions, in favour of the petitioner in his capacity as the executor of the estate of late Baijnath Sarda, as appointed by the latter by his last will.2. O.J.Cs. 1526 and 1527 of 1978 have been filed by Sundarlal Sarda, the other son of late Baijnath Sarda, The petitioner in these two writ petitions in effect prays for an order or direction of this Court calling upon the State of Orissa (Opp. Party No. 1) to execute a formal deed of lease in favour of the petitioner in his representative capacity representing all the heirs and legal descendants of the recorded lessee and in terms of the order of the Centr...
Tag this Judgment!Chairman, the Orissa State Electricity Board and anr. Vs. Jayashree Ch ...
Court: Orissa
Decided on: Sep-19-1979
Reported in: AIR1980Ori20; 49(1980)CLT487
ORDERK.B. Panda, J.1. Civil Revision No. 296 of 1976, M. A. No. 189 of 1976, C. R. Nos. 410 and 411 of 1976 and C. R. No. 89 of 1977 were heard analogously and they arise in the following background,2. Orissa State Electricity . Board (hereinafter referred to as the 'Board') is a statutory body created on 1st March, 1961. It is the sole monopolist for supply of electric power to the consumers in the State of Orissa. In pursuance of its development scheme, Government of Orissa invited interested parties for establishing industries in the State on concessional rate of electricity and other advantages. Consequently, one Bangoor Brothers Limited, promoters of Jayashree Chemicals Limited (hereinafter referred to as the 'Company'), applied to the State for starting a caustic soda and chlorine factory at Ganjam in the manufacturing process of which electricity is a raw material and so is a must Government ofOrissa in the Industries Department on 16th Nov., 1962, wrote to the Company (Ext. 1) ...
Tag this Judgment!The Titaghur Paper Mills Company Ltd. and anr. Vs. State of Orissa and ...
Court: Orissa
Decided on: Sep-19-1979
Reported in: [1980]45STC170(Orissa)
N.K. Das, J.1. All these petitions challenge the notifications of the Government of Orissa in the Finance Department being S.R.O. No. 372 of 1977 and S.R.O. No. 373 of 1977 both dated 23rd May, 1977, under Section 3-B and Section 5 of the Orissa Sales Tax Act of 1947 and also Notifications S.R. 0. Nos. 900 and 901 of 1977 dated 29th December, 1977, under Sections 3-B and 5 of the Orissa Sales Tax Act. The first notification came into operation from 1st June, 1977, and the second notification came into effect from 1st January, 1978. Both these notifications relate to the imposition of purchase tax on 'bamboos agreed to be severed and standing trees agreed to be severed'.The notifications of 23rd May, 1977 (hereinafter referred to as 'the notifications of May'), run as follows:S.R.0. No. 372/77. -- In exercise of the powers conferred by Section 3-B of the Orissa Sales Tax Act, 1947 (Orissa Act 14 of 1947), the State Government do hereby declare that standing trees and bamboos agreed to b...
Tag this Judgment!The Executive Engineer, Rural Engineering Division, Cuttack West, Cutt ...
Court: Orissa
Decided on: Sep-10-1979
Reported in: AIR1980Ori119; 48(1979)CLT555
S. Acharya, J. 1. This is an appeal Under Section 39(1) of the Arbitration Act (hereinafter referred to as the 'Act') against the order passed by the learned Subordinate Judge, Cuttack in T. S. No. 229 of 1978.2. The Arbitrator's award in respect of certain disputes between the partieswas submitted to the court below to make the same a rule of the court. The award was challenged Under Section 30 of the Act in the court below by the appellant herein. The court below, on rehearing both the parties, has partly allowed the objection by only scaling down the rate of interest awarded by the Arbitrator from 12 per cent to 6 per cent per annum and has dismissed all the other objections against the award.3. It was urged by Mr. Mohapatra, the learned counsel for the appellant, that the court below acted illegally in not appreciating the contention of the appellant that as the items of claim on which the award was passed were all in respect of extra work done by the respon-dent-contrator, the cla...
Tag this Judgment!Narayan Chandra Sahu Vs. Abhimanyu Sahu
Court: Orissa
Decided on: Sep-06-1979
Reported in: AIR1980Ori118
S. Acharya, J. 1. This appeal has been preferred against the order of the court below appointing a third party receiver in respect of A 0.43 decimals of land in the Chandbali town out of the entire suit property. The Tahsildar, Chandbali has been appointed as the receiver of the said property and he has been authorised to collect rent from the tenants in the different houses and rooms on the said plot of land from the Month of June, 1979 and to deposit the same in the Nizarat of the court below at his convenience under Intimation to that court every Month. 2. The suit between the parties is a suit for partition of the joint family properties. Undisputedly, the defendant No. 1, the appellant herein, is occupying a house on the said plot and is staying there with his family. It is also not disputed that some tenants have been inducted by the appellant in the other houses and room on the said plot of land and that the appellant has been collecting rent from the said tenants. 3. In the pet...
Tag this Judgment!Thuru Khadia and ors. Vs. Budhu Khadia and ors.
Court: Orissa
Decided on: Sep-04-1979
Reported in: AIR1980Ori148; 48(1979)CLT446
P.K. Mohanti, J.1. Defendants 2 to 14 have appealed against a decree of affirmance.2. The suit was for a declaration of plaintiffs' title to the property described in Schedule II of the plaint or, in the alternative, for partition of the property described in Schedule I into two equal shares and allotment of one such share to the plaintiffs. Schedule I relates to 20.25 acres of land comprised under Khata No. 109 in village Jalangbira in the district of Sundargarh. Schedule II relates to 10.21 acres out of the lands in Schedule I.3. The plaintiffs' case may be briefly stated as follows:Koila Khadia was the common ancestor of the parties. He had two sons named Dhomro and Bhadra. The plaintiffs belong to the branch of Dhomro and the defendants to the branch of Bhadra. According to the plaintiffs, the property described in Schedule I was the ancestral joint family property of Dhomro and Bhadra. Due to dissension in the family they separated in mess and cultivated the lands separately accor...
Tag this Judgment!- ‹ Prev
- Next ›