Orissa Court September 1982 Judgments
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Secretary, Works Department, Govt. of Orissa and anr. Vs. Govinda Chou ...
Court: Orissa
Decided on: Sep-28-1982
Reported in: AIR1983Ori83
R.N. Misra, C.J.1. The Secretary of the Works Department and the concerned Executive Engineer have carried this appeal under Section 39 of the Arbitration Act (hereafter referred to as the 'Act') challenging the decision of the learned Subordinate Judge of Berhampur by which, in exercise of powers under Section 17 of the Act, he has made the award a rule of the Court,2. The respondent entered into an agreement with the Executive Engineer, appellant No. 2, for widening and strengthening the single lane section to two lanes of N. H. No. 5 from Mile 642/5 to Mile 649/7 + 80--Job No. 164--R. S. 5-- Reach No. II from Mile 645/0 to Mile 649/7 + 80. Tender for this work had been invited on 18-7-72. The respondent had given his tender for Rs. 6,76,679/-against the estimated value of the work of Rs. 3,25,100/-. The tender was negotiated and, finally the respondent agreed to undertake the work for a sum of Rs. 5,68,392/-. On 13-1-73, the Executive Engineer intimated acceptance and that also was ...
Dasarathi Purohit Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-1982
Reported in: AIR1983Ori73; 54(1982)CLT506
R.N. Misra, C.J.1. Petitioner challenges the orders made by the Revenue Officer (opposite party No. 4), the appellate authority (opposite party No. 3) and the revisional authority (opposite party No. 2) holding that the petitioner, his wife and his five children constitute one family and entitled to a ceiling area of 14 standard acres in terms of Section 37-A of the Orissa Land Reforms Act.2. There is no dispute that the family of the petitioner consisted of himself, his wife and four sons and a daughter. Petitioner and his brother Bhagirathi and their father Balaram were separated under a registered deed dated 27-1-1966, Under the deed, petitioner got 33.35 acres which taking into account the classification of land worked out to 16.91 standard acres. The Revenue Officer in a ceiling proceeding under the Act came to hold that the petitioner, his wife and the five children constituted one family and this family was entitled to 14 standard acres in terms of Section 37-A of the Act. That ...
Orient Paper and Industries Ltd. Vs. Assistant Collector of Central Ex ...
Court: Orissa
Decided on: Sep-27-1982
Reported in: 1983LC226D(Orissa); 1988(35)ELT624(Ori)
R.N. Misra, C.J.1. Petitioner, an existing Company within the meaning of the Companies Act, 1 of 1956, has its registered office at Brajarajnagar in the district of Sambalpur within our territorial jurisdiction. Along with other types and varieties of paper, the Company manufactures poster paper. The dispute raised in this application is in regard to excise duty payable for such poster paper. Petitioner alleges that from March 16, 1976, when item 17 of Schedule I of the Central Excises and Salt Act, 1944, was amended and poster paper was excluded specifically from item 17, sub-item 1, that variety of paper was not exigible to excise duty and could not be taken to have been included in item 17, sub-item 2. Petitioner had, therefore, no liability to pay any excise duty but under mistake he continued to pay the duty at the higher rate under sub-item 2 until it came to know about the judgment in the case of Darshan Hosiery Works v. Union of India and Ors., [(1981) 12 Gujarat Law Reporter, ...
Straw Products Limited Vs. Factory Officer, Central Excise and ors.
Court: Orissa
Decided on: Sep-27-1982
Reported in: 1983LC222D(Orissa); 1986(23)ELT70(Ori)
R.N. Misra, C.J.1. The petitioner, a public limited company, carries on business of manufacture of paper and paperboards of different types and qualities at its mill located at Jakaypur in the District of Koraput within the jurisdiction of this Court. The petitioner is a licensee under the Central Excises and Salt Act, 1944 (hereafter referred to as the 'Act'), and the Rules made thereunder, for the manufacture of paper and paperboards. One of the items of paper manufactured by the petitioner is machine-glazed poster paper used for printing purposes. Item 17 of the First Schedule to the Act contains the relevant provision prescribing the duty for paper and paperboards. Sub-item (1) of item 17 covers uncoated and coated printing and writing paper (other than poster paper) and the rate of duty is 25 per cent ad valorem. Sub-item (2) is with reference to paperboard and all other kinds of paper...not elsewhere specified. The petitioner being under the impression that item 17(2) was applica...
K. Adikanda Patra and ors. Vs. Gandua and ors.
Court: Orissa
Decided on: Sep-25-1982
Reported in: AIR1983Ori89; 54(1982)CLT475
J.K. Mohanty, J.1. This is an application for a writ of certiorari to quash the proceeding initiated against the petitioners under Orissa Regulation No. 2 of 1956 directing restoration of possession of the properties to opposite parties Nos. 1 to 3 by ejecting the petitioners therefrom.2. The disputed land known as 'Jholla Billa' measuring about 10 acres is situated in village Tadakasahi within Ramagiri police station of Parlakhemundi Sub-division in the district of Ganjam. Boisomo Pradhano, father of opposite parties Nos. 1 to 3, had borrowed money from late K. Kasi Patra, father of petitioners Nos. 1 to 6. Money Suit No. 16 of 1958 was filed in the court of the Munsif, Berhampur for realisation of the debt. The suit was decreed in favour of late K. Kasi Patra and Execution Case (E. P. No. 205 of 1959) was filed for executing the decree. During the pendency of the execution proceeding K. Kasi Patra died and the proceeding was carried on by his legal representatives. The disputed land ...
Chakradhar Choudhury Vs. Padmalav Das and ors.
Court: Orissa
Decided on: Sep-25-1982
Reported in: AIR1983Ori184
ORDERR.C. Patnaik, J. 1. This is an application in revision against an order passed by the learned Subordinate Judge. Jaipur, rejecting the petitioner's application under Section 151 of the C. P. C. for restoration of Miscellaneous Case No. 51 of 1980.2. The petitioner has alleged that he could not be ready for hearing on 5-2-1981 when Miscellaneous Case No. 51 of 1980 was called on as he was suffering from high blood pressure. The plaintiff opposite party No. 1 refuted the allegation of illness of the petitioner.3. In support of his illness, the petitioner examined two other witnesses to corroborate his version and proved theentry in the Out-door Patients' Register maintained at the Puri HeadquartersHospital. One Dinabandhu Sahu hasbeen examined as P. W. 1. He provedthat on 2-2-1981 the petitioner wasexamined as an out-door patient byDr. Dhal. The evidence of the petitionerexamined as P. W. 2 has also been corroborated by the evidence of P. W. 3.No evidence was adduced by the plaintif...
N.P. Singh Deo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-23-1982
Reported in: AIR1983Ori39; 54(1982)CLT577
R.N. Misra, C.J. 1. The petitioner in this application under Article 226 of the Constitution challenges the appellate decision of the Additional District Magistrate, opposite party No. 3, dated 27-8-77 upholding the rejection of a claim for settlement under Section 6 of the Orissa Estates Abolition Act (hereinafter referred to as the 'Act'). 2. The petitioner made an application on 29-6-73 purporting to be under Sections 6 and 7 of the Act for settlement of 30.39 acres of land covering tanks, homestead with building, road and orchards, all located within mouza Jatannagar of Sadar Police Station of District Dhenkanal. The claim was duly published under Section 8-A of the Act in compliance of order dated 4-1-74. No objection was, however, filed on 28-4-75 the Collector under the Act recorded the following order:-- 'The claim petition relates to the lands held under Nijchas of the applicant in respect of which rent has been assessed under the O. P. L. R. (Assessment of Rent) Act, 1958. As...
B. Dasso Patro and ors. Vs. B. Tariniga Patro and anr.
Court: Orissa
Decided on: Sep-23-1982
Reported in: 54(1982)CLT451; 1983CriLJ121
ORDERB.K. Behera, J.1. These Criminal Revisions arising out of two proceedings under Section 145 of the Criminal P. C. ('the Code', for short) involving common questions have been heard analogously and will be governed by this common order.2. Mrs. A. K. Padhi, the learned Counsel for the petitioners, has raised two contentions:(1) The learned Magistrate has not applied his mind judicially before passing the order under Section 146(1) of the Code : and(2) As the members of the second party, who are the petitioners in this Court, claim possession of separate portions of the lands, one proceeding could not be drawn up legally as the petitioners would thereby be prejudiced.Mr. C. V. Murty, the learned Counsel for the opposite parties, has, however, submitted that it is open to the learned Magistrate to pass an order under Section 146(1) of the Code in case he is satisfied that the case is one of emergency and in a case of this nature, where the opposite parties have been claiming the whole...
State of Orissa Vs. Kirtan Charan Mohanty
Court: Orissa
Decided on: Sep-22-1982
Reported in: AIR1983Ori170
R.C. Patnaik, J.1. This is an appeal against the decision of the learned Subordinate Judge, Bhubaneswar entering judgment of the award. The respondent entered into an agreement No. 17 F-2 of 1978-79 for execution of the work, namely, 'Protection to Scoured Bank of Kani Right near village Brahmacharipatna'. Disputes having arisen between the parties, one Sri Bamadev Mohapatra, Superintending Engineer was appointed as Arbitrator to adjudicate the disputes, He was subsequently removed and Sri P. C. De, a retired District Judge was appointed as Arbitrator. He passed the award for Rs. 2,25,047/- with 10 per cent interest, on the said amount from 30-5-1979 till the date of payment or decree whichever was earlier. He disallowed the counter-claims made by the appellant.2. The award did not furnish any reasons and the learned Subordinate Judge negatived all the objections there-to raised by the appellant and entered judgment on the award. He directed that interest awarded by the Arbitrator woul...
Mahadev Acharya Vs. Ch. Gagan Ch. Das and ors.
Court: Orissa
Decided on: Sep-22-1982
Reported in: AIR1983Ori197; 54(1982)CLT447
R.C. Patnaik, J. 1. This is an appeal under Section 44 of the Orissa Hindu Religious Endowments Act. 1951 (hereinafter referred to as the 'Act'), challenging the modification of the scheme in respect of the institution of Shri Nilamadhab Jew by the Deputy Commissioner, confirmed in appeal by the Commissioner of Endowments.2. The institution of Shri Nila Madhab Jew is a public religious endowment. A scheme had been framed in respect of the institution in 1948. In the scheme so framed, two out of the hereditary trustees were to be represented on the Board. The scheme was modified in 1964 by the Commissioner of Endowments. A report was made by the Additional Assistant Commissioner in January, 1978 that the Board of Trustees consisting of five persons was not properly functioning and the Inspector of Endowments was continuing as the interim trustee. On the basis of the said report, the Deputy Commissioner further modified the scheme under Section 42 (6) of the Act. An appeal carried by the...
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