Orissa Court March 1981 Judgments
Kinigam Service Co-operative Society Vs. Deputy Registrar, Co-operativ ...
Court: Orissa
Decided on: Mar-19-1981
Reported in: AIR1981Ori112; 51(1981)CLT421
Misra, C.J.1. Challenge in this application under Article 226 of the Constitution is to the order dated 5-12-1980 in Annexure 3 passed by the Deputy Registrar of Co-operative Societies (opposite party No. 1 herein) in purported exercise of powers under Section 12 (6) of the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as the 'Act') registering an amendment to the Bye-law No. 30 (ii) (a) of the Berhampur Co-operative Central Bank Limited (hereinafter referred to as the Bank), opposite party No. 2.2. The short facts relevant for appreciating the contentions advanced before us and for disposal of the writ application are these:--The petitioner is a Service Co-operative Society registered under the Act while the Bank is a Central Society also registered under the same Act, and the petitioner is affiliated to the said Central Society. The Bank had its Bye-laws duly registered by the Registrar under the Act. Bye-law No, 30 (i) made provision for management and prescribed ...
Tag this Judgment!B. Rajkumar Patra Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-18-1981
Reported in: AIR1981Ori143; 51(1981)CLT437
Misra, C.J.1. Opposite party No. 2, Indian Rare Earths Limited, is a 'Government Company' with its registered office at Bombay in which all the shares are held by the Government of India. The Orissa Sands Complex (opposite party No. 3) (hereinafter referred to as 'OSCOM') is a project under the said Company operating at Chatrapur within the territorial jurisdiction of this Court, which is engaged in manufacture of radio-active sand and Thorium in terms of the provisions of the Atomic Energy Act, 1962. By notice (Annexure 1) tenders were invited from competent contractors for execution of certain electrical work for OSCOM against specification No. OSCOM/E-25, the estimated cost of the work being Rs. 2,50,900. In paragraph 2 of the notice of invitation, it was stipulated:--'No tender will be received after 2.30 P. M. on 23-5-1979 under any circumstances whatsoever.'and tenders were to be opened at 3 P. M. that day. The tender notice contained the usual clause that without assignment of a...
Tag this Judgment!Bharmar and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-18-1981
Reported in: 1981CriLJ1057
ORDERP.K. Mohanti, J.1. This is an application for grant of bail under the provisions of Section 439. Cr.P.C.2. On 21-12-1980. Rajan Dalai, a watcher of Dhuka Project, Nayagarh lodged F.I.R. at the police station' alleging that the petitioners committed theft of barbed wires from the store-yard of the Project and on being detected they confessed their guilt before him and left the stolen articles on the river bed.3. The petitioners surrendered before the learned Sub-divisional Judicial Magistrate, Nayagarh and moved for bail. The prayer for bail was rejected on the grounds that the petitioners had neither been arrested nor detained by the police nor were they under any sort of restraint and that an application for anticipatory bail did not lie to the court of a Magistrate.4. Aggrieved by the aforesaid order, the petitioners have filed this application under Section 439, Cr.P.C. for grant of bail. It is contended that the petitioners are innocent and the case has been falsely foisted ag...
Tag this Judgment!State of Orissa Vs. Ganeshdas Kaluram Pvt. Ltd.
Court: Orissa
Decided on: Mar-16-1981
Reported in: AIR1981Ori148; 51(1981)CLT469
N.K. Das, J. 1. The defendant is the appellant. Plaintiff was the purchasing agent under the defendant during the kharif year 1953-54. Since dispute arose between the parties regarding payments, the matter was referred to three Arbitrators. The Arbitrators after hearing the parties have signed the award and gave notice for signing the award to both the parties. Plaintiff approached the Court for directing the arbitrators to file the award. The defendant filed objection to the award on the ground that the Arbitrators misconducted themselves and they have gone beyond the terms of the agreement and the award is vitiated inasmuch as the arbitrators allowed some ex gratia payment to the plaintiff. Objections filed by the defendant were overlooked by the trial Court and hence this appeal.2. The appellant contends that the order of the arbitrators for refund of penalties and payment of detention charges of paddy as well as interest onthe capital blocked is wrong. These were undoubtedly within...
Tag this Judgment!Manglu Chhatar and ors. Vs. Maheswar Bhoi and ors.
Court: Orissa
Decided on: Mar-16-1981
Reported in: AIR1981Ori153; 51(1981)CLT449
N.K. Das, J.1. The plaintiffs filed a suit for damages against the defendants. The requisite court-fee payable is Rupees 873.00. Plaintiffs filed a petition for leave to sue as indigent persons inasmuch as they are not able to pay the court-fees and are not possessed of assets so as to enable them to pay the court-fees. This application was challenged by the defendants. The trial Court has rejected the petition filed by the plaintiffs for leave to sue as indigent persons on the ground that they being weavers have got their weaving materials and P. W. 1 has also said that the petitioners are daily labourers and they get Rs. 3 to Rs. 4. each per day as wages. The trial Court has found that as the plaintiffs are living separately, earning daily wages and are possessed of weaving materials, they could combinedly pay the court-fees. This appeal is directed against the aforesaid order.2. Plaintiffs have adduced evidence to the effect that they being weavers, they earn daily wages. It is cont...
Tag this Judgment!Chitrakala Bewa Alias Samal Alias Dei Vs. Jambubati Bewa and ors.
Court: Orissa
Decided on: Mar-11-1981
Reported in: 51(1981)CLT513
N.K. Das, J.1. One Birakishore Samal died on January 17, 1975. Respondents Nos. 1 and 2 applied for the grant of a succession certificate in respect of the provident fund, gratuity, family pension, etc., as well as a sum of Rs. 4,000 covered by two insurance policies. Respondent No. 1 claimed to be the married wife of the deceased and respondent No 2 his adopted son. The appellant was arrayed as opposite party No. 3 in the misc. case as the mistress of the deceased. Respondents Nos. 1 and 2 claimed that they were entitled to the dues admissible to the deceased under the contributory provident fund, family pension as well as the insurance policies left by the deceased. They also claimed that they were entitled to the gratuity payable to the deceased as he was an employee of the Orissa State Road Transport Corporation. According to them, the appellant was not the legally married wife of Birakishore but was his mistress and taking advantage of this, was making attempts to get the dues of ...
Tag this Judgment!Smt. Prakash Kaur (Through Lr. Raghubir Singh Chhabara) Vs. Controller ...
Court: Orissa
Decided on: Mar-11-1981
Reported in: 51(1981)CLT463; [1981]130ITR337(Orissa)
R.N. Misra, C.J. 1. Upon the assessee's application under Section 64(2) of the E.D. Act, 1953, this court by order dated January 11, 1979, called upon the Appellate Tribunal, Cuttack Bench, to state a case and refer the following questions for the opinion of the court:'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the inclusion of the value of the house property at Rourkela is legal, even though the title to the land was defective and the property was not free from encumbrances ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in fixing the valuation of the property at a multiple of 13 times the net rental, even though, admittedly, the department had fixed the valuation at a much lower figure for the purpose of wealth-tax ?'2. One Joginder Singh along with Jai Singh took a lease of certain lands located at Rourkela from Birabar Naik and others who happened to be members of the Scheduled ...
Tag this Judgment!Rameswarlal Muralidhar Vs. State of Orissa
Court: Orissa
Decided on: Mar-10-1981
Reported in: [1982]50STC312(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated this case under Section 24(1) of the Orissa Sales Tax Act (hereinafter referred to as the 'Act') and has referred the following two questions for opinion of the court :(i) Whether, on the facts and in the circumstances of the case, paper and exercise books which are manufactured out of paper, are one and the same thing or two different things ?(ii) Whether, on the facts and in the circumstances of the case, the assessee by making purchase of paper tax-free by giving declaration in form No. XXXIV specifically mentioning therein that the purchases are for resale will be adjudged guilty of violating such declaration for resale, if he has sold those very papers purchased for resale after converting them into exercise books when his registration certificate also entitled him to make purchases for manufacture ?2. The petitioner is a registered dealer carrying on business in mill-made paper, exercise books and ot...
Tag this Judgment!The Cure Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-05-1981
Reported in: AIR1981Ori84; 51(1981)CLT407
B.N. Misra, J.1. The petitioner firm, M/s. The Cure, secured Drug Licences Nos. CU 2255 WC and CU 2256 WC dated 27-9-1978 and carried on its business as a Druggist and Chemist in a rented premises at Mission Road, Cuttack belonging to the Urdu Library. The date of expiry of the aforesaid Drug Licences was 31-12-1979. The firm had begun its business as a partnership firm with three partners, but after voluntary retirement of two partners, one after the other in 1979 and 1980 respectively, the sole proprietor is carrying on that business in the name and style of the old licensee. His case is that the firm had applied for renewal of the drug licence, first on 31-3-1979, while the partnership firm comprised of three partners. The firm again applied for renewal of the licence on 31-8-1979, following the retirement of one of the partners from the partnership firm. After the firm became a proprietary concern, it made another application for renewal of the drug licence on 7-9-1980. The firm co...
Tag this Judgment!Dr. Sidhartha Das and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-05-1981
Reported in: AIR1981Ori97; 51(1981)CLT305
Misra, J.1. Each of the 8 petitioners is a Medical Graduate possessing M. B. B. S. degree. In terms of the prospectus published by the opposite parties for the year 1979-80 the petitioners applied for undergoing the course prescribed for post-graduate study in different specialities and each of them was selected in terms of the notification dated 6-1-1980. Under the prospectus for the year, copy of which is Anne-xure-4 to the writ application, the period of the course is 3 years -- the first year thereof is housemanship. In terms of the prospectus, in certain subjects selection to the post-graduate course entitles the candidates in those specialities to automatically take to the post-graduate course while in certain other specialities with which the petitioners are concerned, at the end of the year, a fresh selection examination is contemplated to entitle those in these specialities to take the remaining two-year course prescribed for the post-graduate degree. The petitioners allege th...
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