Orissa Court August 1983 Judgments
J. Mohapatra and Co. and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-10-1983
Reported in: AIR1984Ori16; 56(1983)CLT256
G.B. Patnaik, J. 1. These two writ petitions have been filed with the prayer that the lists of approved books for the years 1980 1981 and 1982 and the Government decision contained in Annexure-4 regarding purchase of books out of the cyclone and flood relief grant be quashed. The main ground on which this relief has been claimed is an allegation of bias and personal interest against some members of the different Committees set UP by the State Government who were responsible for approving the lists of books inasmuch as these members got their own books included in the approved lists. In other words, the petitioners relied on the 'Nemo debit esse judex in propria sua causa' (no man can be judge in his own cause).2. Petitioner No. 1 in O. J, C. 1239 of 1983 is a partnership firm which carries on the business of publishing books petitioner No. 2 is also a reputed publisher of books. Petitioner No. 1 in O. J. C. No. 1438 of 1983 is a registered body, an association of publishers, authors an...
Tag this Judgment!Oriential Fire and General Insurance Co. Ltd. and Vs. Smt. Narayani Ba ...
Court: Orissa
Decided on: Aug-10-1983
Reported in: I(1984)ACC60; [1985]58CompCas503(Orissa)
P.K. Mohanti, Actg. C.J. 1. These two miscellaneous first appeals under Section 110D of the Motor Vehicles Act, 1939 (to be referred to as ' the Act'), arise out of a common order of the Motor Accidents Claims Tribunal (to be referred to as ' the Tribunal'), Puri, fixing the liability of the insurer at Rs. 50,000 out of the total compensation of Rs. 1,01,200 and the owner of the goods vehicle bearing No. WGB 2835 for payment of the balance amount to respondents Nos. 1 to 7. The appellant in M.A. No. 54 of 1977 is the insurer and the appellant in M.A. No. 58 of 1977 is the owner of the vehicle. Respondents Nos. 1 to 7 in both the appeals are the claimants.2. Respondents Nos. 1 to 7 filed an application under Section 110A of the Act claiming compensation of Rs. 1,55,000 for the death of one Radhashyam Gupta, the husband of respondent No. 1 and the father of respondents Nos. 2 to 7, arising out of a motor accident which took place on December 9, 1973, while he (the deceased) was travellin...
Tag this Judgment!State Government of Orissa Vs. Raghunath Nayak
Court: Orissa
Decided on: Aug-09-1983
Reported in: AIR1984Ori120
ORDERB.N. Misra, J. 1. The State Ciovernment has filed this appeal against the judgment and decree of the learned Subordinate Judge, Bhubaneswar in O. S. No. 2 of 1982-I accepting the Arbitrator's award and making it a rule of the Court. 2. The respondent who is a Contractor was entrusted with the work of 'Improvement to Earth Dam of Derjang Irrigation Project (Providing graded Filter)' by the appellant under agreement No. 42 F-2 of 1976-77. As disputes arose between the parties, the Superintending Engineer, Western irrigation Circle, Bhawanipatna was appointed as Arbitrator to decide the disputes according to Clause 23 of the F-2 contract. After considering the claim of the respondent and the counter-claim of the appellant the learned Arbitrator gave an award in favour of the respondent for a sum of Rs. 3,05,000/- including Rs. 6,600/- towards refund of security deposit along with future interest at the rate of 6 per cent per annum from the date of award to the dare of the decree or t...
Tag this Judgment!Aparti Panda Vs. Govinda Sahu
Court: Orissa
Decided on: Aug-08-1983
Reported in: AIR1984Ori1
ORDERG.B. Patnaik, J.1. In this civil revision an interesting and important question, of law arises for consideration with regard to interpretation of Section 214(1)(b) of the Succession Act, 1925 particularly in view of the fact that the High Courts in India are evenly divided and there is no decision on the point either of this Court or of the Supreme Court. The question of law which arises for consideration is whether on the death of the original decree-holder in an execution proceeding, the legal heirs can continue the proceeding without being required to produce a succession certificate or production of a succession certificate is condition precedent for continuance of the execution proceeding. The decision on this point is dependent on the interpretation of Section 214 of the Succession Act. The said provision is quoted herein below in extenso :--'Section 214 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased perso...
Tag this Judgment!Jata SwaIn and anr. Vs. Natabar Das and ors.
Court: Orissa
Decided on: Aug-08-1983
Reported in: AIR1984Ori26; 56(1983)CLT496
B.N. Misra, J. 1. The two appellants, who were plaintiffs in the trial court, have filed this appeal against the affirming judgment of the learned Additional District Judge, Puri. Respondents 1, 2 and 3 were defendants 1, 2 and 3 in the trial court. The plaintiffs' case may be briefly stated The following genealogy given in the plaint describes the relation ship between the parties:-- Dhobei | _________________________________________ | | | Hari Krishna Jaga | | | | | | | Haia Jaia | (Piff.No.2) (Piff.No.1) | | | _______________________ | | seranti Sobi (Deft.No.2) (Deft.No.3)The plaintiffs have been in possession at the suit lands since the time of their forefathers. Hari, Krushna and Jagu were living jointly and were also possessing the suit lands jointly. Of the there brothers, Krushna's death came first, followed by Jagu and Hari was the last to die in the year 1953. Thereafter the plaintiffs have remained in joint possession of the suit lands. The suit lands comprise Ac. Order 35...
Tag this Judgment!Land Acquisition Officer Vs. Satyabadi Sahu (and After Him) Dileswar S ...
Court: Orissa
Decided on: Aug-05-1983
Reported in: AIR1984Ori51
G.B. Patnaik, J. 1. Land Acquisition Officer, Sambalpur, is the appellant against the order of the Subordinate Judge. Bargarh, in Land Acquisition Misc. Case No. 110 of 1972 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act). 2. 147.84 acres of land in Khunti Nos. 1, 2 and 14 of village Sauntamal had been acquired by a notification dated 13-1-1966 issued under Section 4(1) of the Act. Out of this acquisition, 11.68 acres in Kunti No. 1 and 28.56 acres in Khunti No. 2--in all 40.24 acres belonged to the respondent. The Land Acquisition Officer fixed the compensation at Rs. 32.125.86 out of which Rs. 30,285.86 was compensation for the land and Rs. 1.840/- was the compensation for the trees of the land. The original claimant-respondent having claimed higher compensation, the matter was referred to the Subordinate Judge under Section 18 of the Act. The Subordinate Judge upheld the compensation determined for the trees, but so far as the compen...
Tag this Judgment!Chamara Pradhani and anr. Vs. the State
Court: Orissa
Decided on: Aug-03-1983
Reported in: 1983CriLJ1706
B.K. Behera, J. 1. The Court of Session has accepted the pathetic story presented by the prosecution and has held it established that owing to a dispute between the deceased Bhagirathi alias Bhagaban Pradhani (hereinafter referred to as the 'deceased') on the one hand and his father Chamara (appellant no. 1) and brother Dibakar (appellant no. 2) on the other as the latter had not been allowing the deceased to cultivate the land given to him as his share the appellant Chamara, being armed with a Tangi (M.O. I) and the other appellant Dibakar, being armed with a Tangia (M.O. II), in furtherance of their common intention to commit the murder of the deceased, assaulted and dealt a number of blows on his neck and head resulting in his death when the deceased, in company with his sister-in-law Saraswati (P. W. - 2), had been distributing 'Bhoga' of the deity Birkam and was in front of the house of the appellant Chamara in the afternoon on June 18, 1978. The appellants stand convicted under S...
Tag this Judgment!Orissa Ceramic Sales Vs. Income-tax Officer and anr.
Court: Orissa
Decided on: Aug-02-1983
Reported in: (1984)40CTR(Ori)29; [1984]145ITR464(Orissa)
R.C. Patnaik, J.1. In this writ petition the short question raised is if the Commissioner of Income-tax while exercising jurisdiction under Section 264 of the I.T. Act, 1961, in a revision filed against the order of the ITO, was right in ignoring the direction given by the Income-tax Appellate Tribunal ?2. The petitioner is a partnership-firm dealing in G.I. pipes, ceramic sanitary wares, etc. The ITO did not accept the return for the assessment year 1976-77 filed by the petitioner showing its income at Rs. 31,430. Making certain additions to the figure returned, the ITO assessed the income at Rs. 40,630. The AAC issued notice of enhancement and adjudged the income at Rs. 67,397. The petitioner carried an appeal to the Tribunal. The Tribunal found that the accounts produced by the assessee-petitioner were neither 'correct nor complete' and hence the case attracted the provision contained in the proviso to Section 145(1) of the I.T. Act anl assessment was to be made according to best of...
Tag this Judgment!State of Orissa Vs. Sukru Mirdha
Court: Orissa
Decided on: Aug-01-1983
Reported in: AIR1984Ori83
Mohanti, Ag. C.J.1. This appeal arises out of a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) .2. In pursuance of a notification under Section 4 of the Act published on 23-1-1964, an area of 4.70 acres of land of village Kalimati belonging to the respondent was acquired by the State Government for the purpose of construction of the State Live Stock Breeding Farm. The Land Acquisition Collector awarded a sum of Rs. 2,355.97 p. as compensation. The respondent claimed compensation at the rate of Rs. 10,000/- per acre. At his instance, a reference under Section 18 of the Act was made to the Civil Court. Both parties produced oral and documentary evidence in support of their respective contentions. The learned Subordinate Judge did not accept the price paid under the sale deeds produced by either side to be the guiding factor in fixing the market value of the land, but relying upon two previous decisions of his Court awarded compensation at the ...
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