Orissa Court January 1987 Judgments
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State of Orissa Vs. Krushna Chandra Sahu
Court: Orissa
Decided on: Jan-15-1987
Reported in: 1987CriLJ1468
G.B. Patnaik, J.1. This appeal by the State is against an order of acquittal of the respondent who stood his trial for having cheated the informant. Dr. Pravat Chandra Chowdhury, on 21-12-1982 by falsely impersonating himself to be Manoranjan Mohapatra, an I.A.S. Officer on probation. It was alleged in the F.I.R. (Ext. 1) that Pravat Chandra Chowdhury was a Medical Officer of Remuna Primary Health Centre and on 21-12-1982 at 12 Noon, the respondent-accused met him and identified himself as Manoranjan Mohapatra, I.A.S. on probation. He showed him a letter purported to have been issued by the Ministry of Home Affairs, Government of India, New Delhi, and told him that he had come to investigate into the activity of C.I. A. Agents who have got relationship with the Nurses and Lady Health Visitors of the Primary Health Centre. As those nurses and Health Visitors were not present, the accused told Dr. Chowdhury that he was going to the market and would come after some time. While leaving the...
Steel Authority of India Limited Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-14-1987
Reported in: [1988]70STC2(Orissa)
S.C. Mohapatra, J.1. Assessee is a registered dealer under the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the Act'). It was assessed for the years 1968-69 and 1971-72 to tax in respect of sales in the canteen maintained by it and of unserviceable materials like empty drums, scraps, waste materials, etc. In appeal, the Assistant Commissioner confirmed the assessment for the year 1968-69 in respect of unserviceable materials relieving the assessee from tax liability in respect of the sales in the canteen. The appeal in respect of the year 1971-72 was, however, dismissed and the assessment order was confirmed. The assessee preferred two appeals before the Tribunal in respect of the years 1968-69 and 1971-72 and the department preferred an appeal in respect of the assessment, for the year 1968-69 so far as the sales in canteen are concerned. Assessee's two appeals having been dismissed and the appeal by the department having been allowed, the three reference applications were ...
Central Coalfields Limited Vs. Ashok Transport Agency
Court: Orissa
Decided on: Jan-13-1987
Reported in: AIR1987Ori287
ORDERS.C. Mohapatra, J. 1. Defendant is the petitioner against the order of the trial Court refusing to exercise power under Section 41 of the Arbitration Act, 1940 (for short 'the Act') to direct the Arbitrator to frame issues. 2. In Money Suit No. 8 of 1984 filed by the plaintiff-opposite party alleging breach of contract embodied in a written agreement which also contained a clause for arbitration, the defendant-petitioner filed an application under Section 34 of the Act for stay of the suit. Although the application was not pressed, on the application of both parties under Section 21 of the Act for referring the matter to an Arbitrator. Shri Chintamani Mohapatra, retired District Judge, was appointed as the Arbitrator.3. In the application, it was stated that the assertions in the plaint are the subject-matter of dispute. On receipt of notice, the opposite party filed a statement of claim. The petitioner objected to the claim in the counter filed by it. In course of proceeding befo...
G. Kameswar Rao and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-09-1987
Reported in: AIR1987Ori272
ORDERS.C. Mohapatra, J.1. Plaintiffs have assailed the order of the trial court exercising the power under Order 1, Rule 10(2), C.P.C. adding opposite parties Nos. 3 to 5 as party defendants to the suit. There is no dispute that the property in dispute was in custody of deceased G. Simadri Naidu who died as a bachelor in Government Hospital, Parlakhemundi on 4-9-1983. He was in Government quarters. On his death, the Sub-divisional Officer made an inventory. After the inventory was made, he directed deposit of the articles in the Treasury. Claiming to be the legal representatives entitled to be in custody of the properties now in deposit in the treasury, the plaintiffs filed the suit for a declaration that they are the legal representatives of the deceased G. Simadri Naidu and are entitled to the properties in the treasury. In the suit, the State of Orissa and the Subdivisional Officer were the defendants.During pendency of the suit, opposite parties 3 to 5 filed three applications for ...
Sarat Kumar Satpathy Vs. Smt. Sabita Misra
Court: Orissa
Decided on: Jan-09-1987
Reported in: AIR1987Ori286
ORDERS.C. Mohapatra, J. 1. This civil revision arises out of an order refusing the petitioner to adduce evidence in this case in view of an earlier order of this Court in Civil Revision No. 1 of 198 which reads as follows : -- 'Mr. Mukherjee for the petitioner says that in case the petitioner in the trial court has no evidence to lead, from the side of the respondent who is the petitioner in this Civil Revision, no evidence would be led. In that view of the matter, the trial court may proceed to dispose of the proceeding without any evidence from the parties. Counsel for the petitioner appearing in this proceeding agrees that this should be the position. Accordingly, due notice be taken of agreement recorded in the order and the proceeding be disposed of in accordance with law.' 2. This is a proceeding under the Hindu Marriage Act for divorce. During the trial,the petitioner who was the appellant filed an application that the respondent wife having alleged that the petitioner lives in ...
Gopal Singh Vs. Nilamani Pradhan
Court: Orissa
Decided on: Jan-08-1987
Reported in: II(1987)ACC58; 63(1987)CLT625
S.C. Mohapatra, J.1. Workman is the appellant in this appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. Workman was a driver. On 4-1-1977 while he was driving the vehicle of the owner under hit employment he sustained injuries which resulted in the amputation of his left hand from the wrist. Being unsuccessful with the issue of notice to the employer to get the compensation, he filed the application before the Commissioner under the Act for compensation indicating that his monthly wages was Rs. 500/- and he was getting Rs. 20/- per day towards allowance on days of his duty. The Commissioner issued notice to the owner who did not appear. On the basis of the materials on record, the Commissioner found that the monthly wages of the appellant was Rs. 500/- and the workman was entitled to compensation at the rate of 100%. Accordingly, he calculated the compensation at Rs. 21,000/-.3. The appellant is aggrieved on account of Rs. 20/-...
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