Orissa Court January 1984 Judgments
Paidhichetty Viswanathan Vs. Executive Officer, N.A.C. and anr.
Court: Orissa
Decided on: Jan-31-1984
Reported in: AIR1984Ori220
G.B. Patnaik, J. 1. Plaintiff is the appellant against a reversing judgment in a suit for declaration of title over a strip of land measuring 2'6' x 23' adjoining south of plaintiff's holding No. 81 of Ward No. 8 and for permanent injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiff over the suit land. 2. The defendants are the Executive Officer and the Chairman of the Notified Area Council, Gunupur. According to the plaint case, plaintiff's father and his cousin brother purchased a piece of land sometime in the year 1936 measuring 135'3' x 23' and sold to one Ladi Appana towards the extreme south. The remaining portion was divided in a family partition in the year 1958 and plaintiff's share fell to its extreme south. The Notified Area Council assessed the shop building The plaintiff also constructed a verandah over the land which was left while constructing the building. On 6-9-1975 the Notified Area Council issued a notice to remov...
Tag this Judgment!Srichand Agarwala Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Jan-31-1984
Reported in: [1984]148ITR34(Orissa)
J.K. Mohanty, J.1. This is a reference under Section 256(2) of the I.T. Act, 1961 (hereinafter called the 'Act'). The following question has been referred for the opinion of this court:' Whether, on the facts and circumstances of the case, the gross payment shown including the cost of material deducted by the principal should have been taken into account for determining the profit for calculating on percentage basis or the value of the supplies made by the principal should have been deducted and on the remainder profits should have been estimated '2. The petitioner-firm carries on business as works contractor being engaged in construction of buildings, bridges and roads. According to the petitioner, during the assessment year 1975-76, the petitioner had received a sum Rs 5,38,898 towards gross bill whereas the actual net receipt was only Rs. 4,01,446. A sum of Rs. 1,37,402 was deducted by the contractee towards the cost of materials supplied to the petitioner at the time of execution o...
Tag this Judgment!Gajapati Naik Vs. Dukhnashini Naik and ors.
Court: Orissa
Decided on: Jan-30-1984
Reported in: AIR1984Ori166
ORDERD.P. Mohapatra, J.1. The claim to interim maintenance by the wife and the two minor children of the petitioner is the subject matter in this revision petition. The opposite parties, the wife and the two minor children of the petitioner, filed Title Suit No. 50 of 1978 in the Court of the Subordinate Judge, Bargarh against the petitioner for realisation of Rs. 23,700/- towards maintenance. The petitioner in his written statement admitted the relationship but contested the claim on various grounds. In the said suit the opposite parties also filed a petition under Section 151, C. P. C. claiming interim maintenance at the rate of Rs. 300/-per month (Rs. 200/- for the wife and Rs. 50/- for each of the childern). The said petition having been allowed by the learned Subordinate Judge by his order dated 13-5-1980, this revision petition has been filed by the petitioner,2. In their application for interim maintenance the opposite parties averred inter alia that Dukhanashini (Opp. party No....
Tag this Judgment!Gagan Bihari Patnaik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-30-1984
Reported in: 1984(I)OLR328
D.P. Mohapatra, J.1. The petitioners who were officers in the Baripada Branch of the State Bank of India during the period in question have filed this petition challenging the order dated 22. 7. 1981 of the Chief Judicial Magistrate-, Baripada summoning them as accused persons to face their trial along with the accused Nilakantha Behera in C. R. Case No 593 of 1979.2. The short facts relevant for the purpose of this case are that a Savings Bank Account was opened in the name of one Satish Ghose of Station Bazar, Baripada on 15. 12. 1978 with a deposit of Rs. 100/. in the State Bank of India, Baripada Branch. No further deposite was made in the said account. It was detected that the figures in the ledger sheet were inflated to Rs. 15,600/- a total amount of Rs.15,200/- was withdrawn under five cheques, the particulars are as follows :-11.1- 1979 Rs 2,500/-11.1. 1979 Rs 2,500/-29.1. 1979 Rs 6,000/-1. 3. 1979 Rs 2,000/-1. 3. 1979 Rs 2,200/-__________Total ... ... Rs 15,200/- __________Sub...
Tag this Judgment!Purna Chandra Sahu Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-1984
Reported in: 1984(I)OLR228
B.K. Behera, J.1. Two persons, namely, the petitioner and the co-accused Trilochan Chand, who is reported to dead, were convicted by the trial court under section 395 of the Indian Penal Code (for short, the 'Code') and sentenced thereunder to undergo rigorons imprisonment for a period of five years. The order of conviction passed against the petitioner has been maintained by the appellate court. Seven accused persons stood trial, five of them including the petitioner being charged under section 395 of the Code, one under section 212 and another under section 201 of the Code. Five of the accused persons were acquitted of the charges. It was alleged that on the 23rd December, 1978 at about 1.00 A. M., the petitioner and the other co-accused persons who stood charged for commission of dacoity, being armed with deadly weapons, attacked P. W. 15 and others on their way from Bhubaneswar to Rayagada and after as saulting them, removed cash and other articles. At the trial, the prosecution ex...
Tag this Judgment!Bibhuti Bhusan Biswal Vs. Orissa University of Agriculture and Technol ...
Court: Orissa
Decided on: Jan-27-1984
Reported in: AIR1984Ori129; 1984(I)OLR356
R.C. Patnaik, J.1. The petitioner has sought a mandamus for admission to B. Sc. (Electrical Engineering faculty of the Orissa University of Agriculture and Technology-opposite party No. 1 for the session 1983-84.2. The petitioner has alleged that he has a brilliant academic career having been placed in the first class both in the Matriculation and Intermediate Science examination conducted by the Utkal University. He applied for admission to the B. Sc. (Electrical Engineering) Faculty of the opposite party no. 1 for the session 1983-84. He took the entrance examination conducted by opposite party No. 1 and was intimated by Annexure-1 that he had secured 53rd position in order of merit and was to report to the Admission Board at 11 a. m. on 17-9-1983 in the University Office for admission according to the choice indicated by him having regard to the vacancies in the particular faculty available. He was cautioned that if he failed to report at the time prescribed, he would lose his posit...
Tag this Judgment!Lingaraj Samantaray and ors. Vs. Sri Sidhabaladevjew
Court: Orissa
Decided on: Jan-25-1984
Reported in: AIR1984Ori187; 1984(I)OLR679
P.C. Misra, J.1. This is an appeal under Section 44 (2) of the Orissa Hindu Religious Endowments Act, 1951. The petitioners in a proceeding under Section 41 of the Act are the appellants. They had instituted the said case for a declaration that they are the hereditary trustees of the institution of Sri Sidha Baladeb Jew, Bije Sodhapur, P.O. Badu in the district of Puri impleaded in the proceeding as the Opposite Party No. 1. Their case is that the institution was established by some unknown founder the origin of which has been lost in antiquity. From the date of foundation, the institution has been all through treated as a public religious institution and is being maintained out of the income of the properties endowed by the founder for its maintenance. It has been alleged by the petitioners that one Narayan Samantra was their original ancestor who was entrusted with the management of all affairs of the said institution. According to the petitioners the said Narayan Samantara and after...
Tag this Judgment!Mahanta Goura Govinda Das Goswami Vs. Rajkishore SwaIn and ors.
Court: Orissa
Decided on: Jan-25-1984
Reported in: 1984(I)OLR299
P.C. Misra, J.1. The petitioner in this Writ application challenges the proceeding under Section 42 of the Orissa Hindu Religious Endowment Act, 1951 (for short, the 'Act'.') initiated for framing of a scheme and seeks to quash the said proceeding and the orders passed therein in which, the Commissioner of Endowments has decided that a scheme should be framed though the actual scheme has not yet been framed.2. The Additional Assistant Commissioner of Endowments is said to have visited the Institution in question and submitted a report on 15. 3.1977 indicating that there are some alienations and other defaults by the person in management and recommended for a scheme to be settled in respect of the Institution. After submission of the report by the Additional Assistant Commissioner, the Commissioner of Endowments passed an order on 5. 4. 1977 to the following effect:-'Perused the preliminary report submitted by A. A. C. Issue notice for publication through the I. E. inviting representa. ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Laxmi Devi and ors.
Court: Orissa
Decided on: Jan-24-1984
Reported in: AIR1984Ori197
G.B. Patnaik, J.1. The Insurance Company is the appellant challenging the award of the Second Motor Accident Claims Tribunal.2. On 30-4-1973 at 12.30 a.m., a truek bearing registration number O. R. B. 1427 met with an accident at a place called Jhargadja on the Sambalpur-Cuttack road due to rash and negligent driving of the said truck. The truck was engaged in carrying goods of the Munsif, Bbadrak, who had been transferred to Angul. The deceased was the Night-Watchman of Bhadrak Civil Court and was going in the truck to keep watch over the goods. On account of the said accident, death having occurred, the claimants who are the wife and children of the deceased filed an application under Section 110-A of the Motor Vehicles Act claiming compensation to the tune of Rs. 50,000/-.3. The Insurance Company filed objection before the Tribunal denying the rash ness and negligence of the driver of the truck and further it was stated that the deceased was a passenger on the truck and was being ca...
Tag this Judgment!M.P. Sharma Vs. Mohan Behera and anr.
Court: Orissa
Decided on: Jan-24-1984
Reported in: 57(1984)CLT349; 1984(I)OLR323
G.B. Patnaik, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the 'Act') against the award of the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela, dated 10. 6. 1980, who by the impugned order awarded a sum of Rs. 14, 820/- as compensation to the injured workman Mohan Behera.2. The appellant was a contractor who had entered into an agreement with Steel Authority of India. Rourkela Steel Plant, for supply of labour and the injured was one such labourer who had been engaged as a coolie in the Sintering Plant. On 23. 10. 1978. the injured was required to attend to the drum which was jammed and while he was attending to the said work, his right hand was dragged and he was seriously injured so much so that the hand could be made free only after the belt was cut and he was hospitalised from 23.10.1978 to 14.2.1979. According to the workman, his right hand below the elbow joint became shapeless, useless and ...
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