Orissa Court August 1986 Judgments
K. C. Sarangi, Income Tax Officer Vs. Bichitrananda Kar.
Court: Orissa
Decided on: Aug-29-1986
Reported in: (1987)64CTR(Ori)272
K. P. Mohapatra, J. - This revision impugns the order passed by the ld. Subordinate Judge, First Court, Cuttack, directing the petitioner to make deposit of Rs. 97,975 in the Court.2. The case of the opposite party is narrated in brief. The opposite party is the plaintiff in Title Suit No. 82 of 1979 in the Court of the Subordinate Judge, against All Orissa Non-Journalist Employees Union who are the defendants. The relief claimed in the suit is to injunct the defendants restraining them not to manage, administer, publish and circulate the daily newspaper Matrubhumi, commanding them to restore its possession and management to the opposite party and to further restrain them not to receive any amount from the public relations department of the State Government or other concerns due to the daily newspaper Matrubhumi. A sum of Rs. 95,975 was to be received by the management of Matrubhumi from the public relations department of the State Government. Kar Bros., a partnership firm, had income-...
Tag this Judgment!Hadubandhu Mohanty Vs. the Management of Dodsworth Khatlikote Co-opera ...
Court: Orissa
Decided on: Aug-28-1986
Reported in: 62(1986)CLT381; 1986(II)OLR466
M.L. Agrawal, C.J.1. In this application under Art. 226 of the Constitution of India, the question that fall for our consideration is as to whether the nature of dispute between parties could be said to be a dispute 'touching the business of co-operative society' within the meaning of Section 68(1) of the Orissa Co-oprative Societies Act, 1962 (shortly stated, 'the Act').After sating facts, quoting the sections of the Act.2. Their The question raised before us is no longer res Integra and has fallen for decision in several cases before various High Courts inclding, our own. The earlier decisions in point of time which were cited are (1) AIR 1969 S. C. 1320, (Deccan Merchants Co-op, Bank Ltd. v. M/S. Dalichand Jugra Jam and others) and (2) AIR 1970 S. C. 245 Co-operative Central Bank Ltd. and Ors. v. Addl. industrial Tribunal, A.P. & Ors.).3. In trie first case (AIR 1969 S. C. 1320) before the Supreme Court. the main point was whether the dispute could be related by the Registrar for ar...
Tag this Judgment!The Management of Hira Cement Works Vs. the Union of India (Uoi) and a ...
Court: Orissa
Decided on: Aug-28-1986
Reported in: 62(1986)CLT623; 1986(II)OLR416
G.B. Pattnaik, J.1. In these four writ petitions, the legality of an award by the Board of Arbitrators on a voluntary reference of disputes being made Under Section 10A of the Industrial Disputes Act is in question and since common questions of law and fact are involved, the petitions were heard together and are being disposed of by this common judgment.2. Petitioners in these writ applications entered into contract for doing jobs of shifting laying, packing and re-packing in the lime-stone quarries. Petitioners have been granted licence by the Assistant Labour Commissioner-cum-Licensing Officer permitting to employ some workmen on any particular day and the said contracts are being renewed) from time to time and are still subsisting, as admitted to by the Counsel for both parties. The workmen in the cement industry submitted a charter of demands to the employer sometimes in the year 1977, but the negotiation failed and, therefore, both the parties agreed to refer the same for arbitrat...
Tag this Judgment!Suresh Chandra Choudhury Vs. the Berhampur University and ors.
Court: Orissa
Decided on: Aug-25-1986
Reported in: AIR1987Ori38
D.P. Mohapatra, J. 1. The core question that arises for consideration in this case is whether the action of the opposite parties in cancelling the examination result of the petitioner is hit by the principle of estoppel. 2. The gist of the facts set out in the writ application may be shortly stated thus : --- The petitioner, a student of Rayagada College appeared at the Annual B.Sc. (Honours) Examination held under the Berhampur University (opposite party 1) in 1981 with Chemistry as honours subject and Physics and Mathematics as pass subjects. On 27-7-81 the result of the said Examination was declared by the University and the petitioner was declared to have passed without honours. After publication of his result, the petitioner took the College Leaving Certificate from the Principal of the College (opp. party 2)and got himself admitted into the Law College, Cuttack, and was prosecuting his studies in the said institution when he came to know of a notification issued on 11-5-1982 by t...
Tag this Judgment!Nrushingha Charan Sarangi Vs. Chancellor, Utkal University and anr.
Court: Orissa
Decided on: Aug-25-1986
Reported in: AIR1987Ori88
P.C. Misra, J. 1. The petitioner who, with a view to securing the degree of Doctorate in Philosophy in Arts had registered himself in the Utkal University and had submitted a thesis and appeared in the viva voce test, has filed this writ application with a prayer to issue a writ of mandamus directing the opposite parties to publish the result of his examination within a period of time to be specified and to quash any order or direction issued by the Chancellor in this behalf.2. Petitioner has alleged that he hadpassed his M.A. Examination in Oriya in 1stClass from Utkal University in the year 1979and had registered himself in Utkal Universityin December, 1981 to prepare a thesis on 'A Comparative Study on Hawthorn the American Novelist and Fakir Mohan, an Oriya Novelist', with Dr. Gopal Chandra Misra, M.A.,D. Litt. Professor and Head of the Post-Graduate Department of Oriya, SambatpurUniversity, as his guide. According to theprovisions contained in Regn. 7 of Chapt. IX,Utkal University...
Tag this Judgment!Orissa Road Transport Company Limited Vs. Umakanta Singh and anr.
Court: Orissa
Decided on: Aug-25-1986
Reported in: II(1986)ACC570; AIR1987Ori110; 62(1986)CLT457; [1990]68CompCas420(Orissa)
S.C. Mohapatra, J.1. Determination of just compensation to the persons injured and the legal representatives of the persons, who became victims of the collision between a passenger bus of the appellant and 37-Up Howrah-Madras Janata Express, is the subject-matter of these four appeals under Section 110-D of the Motor Vehicles Act, 1939 (in short 'the Act'). The learned single Judge who heard these four appeals has referred them to be decided by a Division Bench, since he could not accept the principle adopted by an earlier single Judge decision of this Court reported in AIR 1983 Orissa 193 (Commissioner, N.C.C. Group, Cuttack v. Smt. Nirmala Moharana). The passage in dispute reads as follows : --'The average bank rate of interest has been 10 per cent on term deposits for a term of three years and above. If Rs. 25,000/- is deposited, it would earn interest of 2,500/- a year and that should adequately compensate the claimants taking into account the possibility of variation of the rate o...
Tag this Judgment!Central Ware Housing Corporation Vs. Govind Choudhury and Sons
Court: Orissa
Decided on: Aug-22-1986
Reported in: 1986(II)OLR350
B.K. Behera, J.1. These two revisions between the same parties involving common questions of facis and law have been heard together and will be governed by this common order. As petitioner in both the revisions assails the orders passed by the ieained Subordinate Judge, Berhampur, rejecting the contentions raised on its behalf that the two decrees passed in favour of the opposite party by making the awards passed by the Arbitrator rules of the Court are not legally executable having been passed without jurisdiction.2. Being the owner of the godowns located in the city of Berhampur in the district of Canjam, the opposite party gave the godowns on rental basis to the petitioner on stipulated rnonthly rent by two separate agreements containing an arbitration clause to be operative in the event of any dispute between the parties. The petitioner entered into possession of the premises in 1973. Notice was given by the opposite party to the petitioner raising certain disputes and for referenc...
Tag this Judgment!National Insurance Company Ltd. Vs. Sukanta Kumar Samal and ors.
Court: Orissa
Decided on: Aug-22-1986
Reported in: 2(1986)ACC537
S.C. Mohapatra, J.1. This is an appeal by the insurer under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act').2. On 25-11-1979 near Kandarpur petrol pump an auto-rickshaw bearing registration No OSC 7231 faced with an accident resulting fatal injuries on the husband of the claimant No. 1. Widow and minor children filed an application under Section 110-A of the Act asserting that the autorickshaw dashed against the deceased who was coming on the road resulting in his death. As seen from the petition, originally it was typed out that the deceased was coming in the auto-rickshaw which was corrected to be 'coming on the road'. A copy without correction was served on the insurer where the assertion was that the deceased was coming in the auto-rickshaw. In view of such assertion in the claim petition, the insurer filed its objection stating that its liability would only be confined to Rs. 15,000/-and not more as the deceased was a passenger. The owner appeared on the same d...
Tag this Judgment!Achutananda SwaIn Vs. Hadibandhu SwaIn and ors.
Court: Orissa
Decided on: Aug-21-1986
Reported in: 1986(II)OLR427
K.P. Mohapatra, J.1. In this wit petition, Annexure-12, the order passed by the Additional district Magistrate, Puri, on 7-2-1973 in Estates Abolition Appeal No 17 of 1969 has been challenged.After stating facts and orders passed by the Courts below and contentions of the counsel, Their Lordships held :5. Section 5(i) of the O. E. A. Act is reproduced below for easy reference :'5. Consequences of vesting of an estate in the State : Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the notification in the Gazette under Sub-section (1).of Section 3, or Sub-section (I) of Section 3-A or from the date of the execution of the agreement Under Section A, as the case may be the following consequences shall ensue, namely,xx xx xx(i) Where the Collector is satisfied in respect of the settle- ment of lease of any land or mines or minerals comprised in such estate or the transfer of any kind of interests in any building used p...
Tag this Judgment!Kamini Sahuani Vs. Purna Chandra Sahoo and ors.
Court: Orissa
Decided on: Aug-20-1986
Reported in: AIR1987Ori134
P.C. Misra, J. 1. The plaintiff in Money Suit No. 139 of 1971 of the Court of Subordinate Judge, Berhampur is the appellant challenging the legality of the judgment and decree passed in the said suit.2. The suit was for recovery of articles or in the alternative the price thereof amounting to Rs. 16,440.05 paise with future interest. Admittedly the plaintiff is the legally married wife of defendant No. 1. Defendant No. 2 is the father, defendant No. 3 is the mother and defendant No. 4 is the brother of defendant No. 1. The plaintiffs case is that, she married defendant No. 1 about two years prior to the date of the suit as per their caste custom and she was presented with various articles including gold and silver ornaments, partly worn on her person and partly kept in her hand box which were taken with her when she was sent to the house of defendant No. 1. All these articles, which were taken by her as dowry, the details of which have been given in Schedule 'A' of the plaint, were kep...
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