Orissa Court March 1983 Judgments
Sk. Allah Bakhas and Etc. Vs. Dhirendranath Panda and anr.
Court: Orissa
Decided on: Mar-25-1983
Reported in: AIR1983Ori203
R.C. Patnaik, J.1. These three appeals arise out of the decisions of the Motor Accident Claims Tribunal dismissing the applications of the claimants for compensation claimed for injuries sustained by them and for the death of a eight months old baby.2. On 22-7-1977, Abdul Jahangir Khan, Hapara Khanam and Sk. Allah Bakhas with the deceased daughter were travelling in an autorickshaw bearing registration number O. S. C. 1558 from Nirgundi to Paramahansa. There was an unmanned railway level crossing atMatagajapur. Around 6.45 p. m. while the autorickshaw was . negotiating to cross the leval crossing, a train coming on the track dashed against its front portion, dragged it to some distance and threw the passengers to the ground. Abdul Jahangir suffered fracture of his right clavicle and some lacerated wounds all over his body. He was aged about. 14 years and a student of Class X at the time of accident. Hazara sustained certain injuries on her head. Allah Bakash and Hazara lost their daugh...
Tag this Judgment!Godabarish Satpathy Vs. Brundaban Mishra and anr.
Court: Orissa
Decided on: Mar-25-1983
Reported in: AIR1983Ori242
Patnaik, J.1. On 3-10-1976 around 10 p. m. the appellant was languishing on a cot placed in front of his house by the side of the road. Vehicle hearing registration number ORP 6722 belonging to the State of Orissa (Respondent No. 2) suddenly rushed from the southern side of the road at a high speed dashed against his cot, then against the front varendah of the neighbouring house and moving along a distance of 30 to 40 cubits stopped near a public tap. The appellant was severely injured. The appellant alleged that he sustained fracture of his limbs. He was treated as an indoor patient at the head quarters hospital at Bolangir and then at the Medical College Hospital at Burla and he had almost become an invalid. At the relevant time his income was Rs. 600.00 per month and he claimed Rs, 85,000.00 as compensation.2. The appellant alleged that the vehicle belonging to respondent No. 2 at the time of the accident was being driven by respondent No. 1 who was then a Joint Director of Agricult...
Tag this Judgment!Gafur Khan and ors. Vs. Government of Orissa and anr.
Court: Orissa
Decided on: Mar-25-1983
Reported in: AIR1983Ori251; 56(1983)CLT85
ORDERR.C. Patnaik, J.1. This is a revision against an order of the learned Munsif, Bhadrak, allowing the application filed by opposite party 2 under Order 1, Rule 10 Civil P. C. (for short, 'the Code') for impletion as a defendant. 2. The petitioners filed Original Suit No. 38 of 1981 for correction of the record-of-rights. Their allegations were that they were the owners of the disputed property but erroneously the same had been recorded, in the name of opposite party 1.During the pendency of the suit, opposite party 2 filed an application under Order 1, Rule 10 of the Code to be impleaded as a defendant on the allegations that the disputed property was a passage used by the members of the public and that he was a necessary party to the litigation.3. The learned Munsif allowed the application holding that the suit land stood recorded as a public road and opposite party 2 being a resident of the locality was vitally interested in the litigation.4. The principle governing applications u...
Tag this Judgment!Orissa Road Transport Company Ltd. Vs. the Sales Tax Officer
Court: Orissa
Decided on: Mar-25-1983
Reported in: [1983]54STC22(Orissa)
P.K. Mohanti, Ag. C.J.1. Challenge in this writ application is to an order of the Sales Tax Officer, Ganjam I Circle, Berhampur, rejecting an application for refund of sales tax under Section 14 of the Orissa Sales Tax Act, 1947.2. The petitioner is a Government of Orissa undertaking having its registered office at Berhampur in the district of Ganjam and is a public limited company engaged in transport business.3. The opposite party levied sales tax on the petitioner on the disposal value of unserviceable old parts, scrap materials, condemned vehicles and obsolete stocks. The following demands were raised against the petitioner for the assessment years quoted against each :Assessment year Tax Penalty Total1972-73 3,085 1,000 4,0851973-74 19,727 12,000 33,727 (sic)1974-75 24,190 12,000 36,1901975-76 13,466 7,000 20,466---------99,468 (sic)---------The petitioner preferred appeals before the Assistant Commissioner of Sales Tax, Berhampur Range, Ganjam and by order dated 15th March, 1979,...
Tag this Judgment!Godabarish Satpathy Vs. Brundaban Mishra and anr.
Court: Orissa
Decided on: Mar-23-1983
Reported in: 1(1984)ACC460
R.C. Patnaik, J.1. On 3-10-1976 around 10 p.m. the appellant was languishing on a cot placed in front of his house by the side of the road. Vehicle bearing registration number ORP 6722 belonging to the State of Orissa (Respondent No. 2) suddenly rushed from the southern side of the road at a high speed dashed against his cot, then against the front verandah of the neighbouring house and moving along a distance of 30 to 40 cubits stopped near a public tap. The appellant was severely injured. The appellant alleged that he sustained fracture of his limbs. He was treated as an indoor patient at the head quarters hospital at Bolangir and then at the Medical College Hospital at Burla and he had almost become an invalied. At the relevant time his income was Rs. 600/- per month and he claimed Rs. 85,000/-as compensation.2. The appellant alleged that the vehicle belonging to respondent No. 2 at the time of the accident was being driven by respondent No. 1 who was then a Joint Director of Agricu...
Tag this Judgment!Dr. Chittaranjan Misra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-22-1983
Reported in: AIR1983Ori236
B.K. Behera, J. 1. Challenge in this writ application is with regard to the refusal by the Post-Graduate Selection Committee for admission of the petitioner to the Post-Graduate Course in Obstetrics and Gynaecology in spite of his completion of the R. H. S. Course in the Ispat General Hospital, Rourkela, recognised by the Indian Medical Council after graduating himself in Medicine from the S. C. B. Medical College, Cuttack, as per the terms of the Prospectus (Annexure-A) published by the Convener of the Post-Graduate Selection Committee-cum-Principal, V. S. S. Medical College, Burla, for selection of candidatesto the Post-Graduate Course in the three Medical Colleges of the State of Orissa for the year 1982-83, in spite of his applications (Annexures-2 and 3) in this regard and as averred in the application, the petitioner has been surprised by this action and has been discriminated against. The opposite parties, in their counter-affidavit, have denied the allegations and averred that ...
Tag this Judgment!Rupa Jena and ors. Vs. Tapai SwaIn and ors.
Court: Orissa
Decided on: Mar-21-1983
Reported in: 1983CriLJ1331
ORDERB.N. Misra, J.1. This revision is directed against the order dated 22-6-1982 passed by the learned Executive Magistrate, Bhanjanagar under Section 146(1) of the Cr. P.C. (hereafter referred as the 'Code') in M. C. No. 74 of 1982, a proceeding under Section 145 of the Code. The petitioners are members of the second party and the opposite parties are members of the first party in the Section 145, Cr. P.C. proceeding referred to above. On 16-3-1982 the present opposite parties filed a petition under Section 145 of the Code and on that date, the learned Executive Magistrate initiated the present proceeding and issued orders under Section 145(1) of the Code. On 17-5-1982 the opposite parties filed a petition for attachment of the disputed land. On 2-6-1982 the learned Magistrate heard arguments on both sides and by order dated 22-6-1982 directed attachment of the disputed land. The Revenue Inspector, Bargam was appointed as the receiver and he was directed to put the disputed land to p...
Tag this Judgment!The State Vs. Maguni Charan Sahu and ors.
Court: Orissa
Decided on: Mar-11-1983
Reported in: 1983CriLJ1212
B.N. Misra, C. J.1. This is a reference made by the Assistant Sessions Judge, Athgarh, under Section 395(2) of the Criminal P.C. of 1973, for determining an interesting question, namely whether on voluntarily surrendering to the court, a person alleged against can be released on bail ?2. Section 439 of the Criminal P.C. provides (1) A High Court or Court of Session may direct (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in Sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; '(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified;When is an accused in custody is the main point in dispute.In the case of Niranjan Singh v. Prabhakar Rajaram Kharote : 1980CriLJ426 , a Division Bench held (para 5):.The accused were not absconding but had appeared and surrendered before the Sessions J...
Tag this Judgment!Fakira Naik and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-11-1983
Reported in: 1983CriLJ1336
R.C. Patnaik, J.1. The short question posed for consideration is whether under proviso (a) to Sub-section (2) of Section 167 of the Cr. P.C. 1973 the period of 60 days or 90 days, as the case may be, is to be computed from the date of arrest of the accused or from the date of production before the Magistrate. The petitioners were arrested on 3-9-1982, inter alia, on allegation of commission of offence of murder. They were produced before the Magistrate on 4-9-1982. On 2-12-1982 charge-sheet was filed. The learned Sessions Judge refused to grant bail; So, the petitioners are before us.2. Mr. P. K. Misra, the learned Counsel for the petitioners, has urged that the provision discloses an accent on liberty and should be liberally construed. He has submitted that the period under Proviso (a) should be computed from the date of arrest and not from the date of production before the Magistrate. The period of remand authorised should be such that it, together with the period of detention under ...
Tag this Judgment!Laxmi Narayan Agarwalla and ors. Etc. Vs. State of Orissa and ors. Etc ...
Court: Orissa
Decided on: Mar-07-1983
Reported in: AIR1983Ori210
R.C. Patnaik, J.1. In this batch of writ applications the petitioners challenge the vires of the Orissa Cess Act, 1962 in so far as it purported to levy cess on lands held for carrying on mining operations and seek mandamus for quashing the demands raised against them and the proceedings taken for recovery of the demands.2. The Orissa Cess Act, 1962 (hereinafter called 'the Cess Act') was enacted, by the Orissa State Legislature with a view to consolidating and amending the law relating to cess in the State of Orissa. It got the assent of the Governor on. 3-5-1962 and came into force with effect from 1-4-1963. The statement of objects and reasons indicated that the assessment and levy of cess were being made 'under the various statutes and also in accordance with various local usages and customs which differ from district to district. This makes their administration difficult and gives cause for complaint by the public due to lack of uniformity. The present Bill is proposed to be enact...
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