Orissa Court November 1987 Judgments
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Grantha Mandir and anr. Vs. Commissioner of Income-tax and anr.
Court: Orissa
Decided on: Nov-18-1987
Reported in: 65(1988)CLT141; (1988)72CTR(Ori)81; [1988]172ITR287(Orissa)
H.L. Agrawal C.J. 1. Both the writ applications are disposed of by this judgment as the petitioners as well as the facts and law are all common in both of them. They arise out of an income-tax matter and the question being the right of the petitioner to get interest on the amount of refund that became payable to him. Two separate applications have been filed as the impugned orders relate to two separate years, 1963-64 and 1964-65.2. The Income-tax Officer (O.P. No. 2) had refused to grant registration to the petitioner for the assessment years in question on certain grounds which need not be discussed. The petitioner's appeal before the Appellate Assistant Commissioner also failed. Thereafter he took the matter before the Appellate Tribunal. The Tribunal, by its order dated December 20, 1972 (annexure-1), set aside both the orders mentioned above and directed 0. P. No. 2 to reconsider the claim for registration in the light of the finding recorded by the Tribunal and after giving due o...
Bhagaban Behera Vs. Dhiraj Kumar Shivjee and ors.
Court: Orissa
Decided on: Nov-17-1987
Reported in: AIR1989Ori74
ORDERS.C. Mohapatra, J.1. A third party in an execution case is the petitioner in the present civil revision.2. This is a case which supports the age-old saying that the suffering of the decree-holder commences after obtaining a decrefe. All endeavours of the legislation for early disposal fail in the circumstances to be indicated hereunder.3. Dispute in this civil revision relates to a house in Cuttack town in front of Ravenshaw College. Ancestors of the decree-holder made an agreement with the owner of the house to purchase the same and filed a suit for specific performance of contract. Trial court decreed the suit for refund of the money advanced. During pendency of the appeal by the plaintiff, the judgment-debtor defendant sold the house to the judgment-debtor of the present decree-holder under execution. Appellate court allowed the appeal and directed recovery of possession from the defendant. Execution proceeding was initiated and the house-was taken possession by the decree-hold...
Surendra Chandra Jena and ors. Vs. Laxminarayan Jena and ors.
Court: Orissa
Decided on: Nov-17-1987
Reported in: AIR1988Ori143; 65(1988)CLT212
H.L. Agrawal, C.J.1. This application by defendants 12 to 14 is directed against the order of the Subordinate Judge, Balasore, refusing their application for transposing them as plaintiffs in place of the original plaintiff on her death in a suit for partition.2. The application was made by the petitioners on the ground that the plaintiff had executed a will in their favour bequeathing her share in the suit property to them. The application was rejected by the learned Subordinate Judge on the sole ground that the will had not been probated by the court under Section 211 of the Succession Act (for short 'the Act').3. I am informed that in the meantime the will has been probated in favour of the petitioners for which Mr. Kar appearing for them wanted time to produce the order. Since the statement is coming from the Bar, I would prefer to accept the same.4. Apart from the above fact, Section 211 of the Act makes a special provision. According to this provision, the executor or administrat...
New India Assurance Company Ltd. Vs. Sanatan Nayak and ors.
Court: Orissa
Decided on: Nov-17-1987
Reported in: AIR1988Ori197
K.P. Mohapatra, J.1. These three appeals by the Insurer are directed against a composite award passed under Section 110-B of the Motor Vehicles Act (for short, 'the Act') by the Tribunal in three claims cases arising out of the same accident.2. The case of the claimants, in brief, is that a transport truck bearing registration No. ORU 1631 belonged to respondent Harbhajan Singh, who was insured with the insurer-appellant, although his wife-respondent Jasbir Kaur was named as the owner in the registration book. On 10-8-1980 the truck loaded with iron ore was proceeding towards Paradip on Daitari-Paradip Express Highway. At Phuljhar crossing while the truck was running with great speed and while giving passage to another running vehicle, it turned to the left side of the highway and as the driver could not control the vehicle, it met with an accident. As a result, the truck turned on its side and the entire iron ore fell upon Kirtan Sahu and Kulamani Nayak, two petty garment dealers, who...
Orissa Road Transport Co. Ltd. Vs. Loknath Patra and anr.
Court: Orissa
Decided on: Nov-15-1987
Reported in: (1994)IIILLJ212Ori
P.C. Misra, J.1. The Orissa Road Transport Company Ltd., the employer of opposite party No. 1 is the petitioner in this writ application. The order of the Assistant Labour Commissioner, Orissa, Bhubaneswar rejecting an application Under Section 32(2)(b) of the Industrial Disputes Act, 1947 (hereinafter called the Act) a copy of which is Annexure 2 to the writ application, has been impugned in this case.2. Opposite party No. 1 was serving under the Petitioner as a driver. It is alleged that on 19.8.1978 at about 10.15 a.m. while the Traffic Manager, Orissa Road Transport Company, Berhampur was on duty in his office, the opposite party 1 went into the office room of the said Traffic Manager without any prior permission and threatened him raising his fist and saying that the order passed by him against another employee should be modified. The Traffic Manager expressed his inability to comply with the request of opposite party 1 for which he became furious and shouted at the Traffic Manage...
Oriental Fire and General Insurance Co. Ltd. Vs. Sanatan Pradhan and a ...
Court: Orissa
Decided on: Nov-13-1987
Reported in: 65(1988)CLT461; [1989]65CompCas117(Orissa)
Agrawal, C.J.1. All these four appeals relating to motor accident claims and arising out of the same accident have been heard together and are being disposed of herewith. The question of law in all of them is also common, viz., as to whether the insurance company will be liable for the injuries sustained by a gratuitous passenger travelling in a jeep under Section 95(1)(b) of the Motor Vehicles Act, 1939 (for short 'the Act').2. On December 16, 1982, Sanatan Pradhan, Daitari Pradhan, Hemanta Pasayat (respondent No 1 in M.A. Nos. 110, 112 and 113 of 1984 respectively) and the deceased, Santosh Pradhan (the predecessor-in-interest of respondents Nos. 1 to 8 in M.A. No. 111 of 1984), who were members of a dance troupe were going to Sagarpali in the jeep bearing registration No. OSS 6341 belonging to Om Prakash Agarwalla (one of the respondents) to perform a dance in his premises. On the way, one of the tyres of the jeep is said to have burst and the jeep went out of control and dashed aga...
Ananta Charan Mohapatra Vs. Pali Dei and ors.
Court: Orissa
Decided on: Nov-11-1987
Reported in: AIR1988Ori115
K.P. Mohapatra, J.1. This civil revision is directed against the order passed by the learned Subordinate Judge, Nayagarh on 22-3-1986 extending time for payment of cost by the opposite par ties for restoration of a misc. case under Order 9, Rule 9 of the Code of Civil Procedure (C.P.C. for short).2. Opposite parties 1 and 2 are the plaintiffs of Original Suit No. 12 of 1978 which was dismissed for default on 10-11-1982. They filed Misc. Case No. 20 of 1982 under O, 9, Rule 9, C.P.C. On 6-5-1983 the Misc. case was dismissed for default. Being aggrieved by the order of dismissal the opposite parties filed a Misc. appeal before the learned Subordinate Judge. The learned Subordinate Judge after hearing both parties, passed the following order : --'That the Misc a ppeal is allowed on contest against the respondents. The order of the Addl. Munsif, Ranpur dismissing the Misc. Case No. 20/82 is hereby set aside. The misc. Case No: 20/82 shall be restored to file to its original stage subject t...
Bipinbehari Pansari Vs. Asoka Marketing Ltd.
Court: Orissa
Decided on: Nov-11-1987
Reported in: AIR1989Ori117
S.C. Mohapatra, J.1. Plaintiff is the appellant against the order rejecting the plaint for nonpayment of the Court-fee.2. The suit was for declaration that the decree passed by Calcutta High Court in Award Case No. 74 of 1958 is void against the plaintiff and therefore, it is not executable which was valued at Rs. 14,500/- and Court-fee of Rs. 150/- was paid. On the objection of the defendant, trial Court by order dated 14-8-1975 directed the plaintiff to pay ad valorem Court-fee on Rs. 14,500/- under Section 7(iv)(a) of the Court-fees Act, 1870, as amended in Orissa. On the next date, plaintiff filed an application for amendment of the plaint so far as the relief claimed. Plaintiff sought for substituting the following relief : --'Let it be declared that the plaintiff has no liability in respect of the amount decreed by the Calcutta High Court in Award Case No. 74 of 1958 dated 22-7-1963 as the same is not binding on him.'This prayer for amendment was refused by order dated 24-9-1975....
Dhaniraj Agarwalla Vs. Manorama Bal and anr.
Court: Orissa
Decided on: Nov-11-1987
Reported in: AIR1988Ori254; [1989]66CompCas303(Orissa)
S.C. Mohapatra, J.1. Owner is the appellant in these two appeals under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act').2. ORU 1785, a truck, was involved in an accident on 30th Aug., 1979. Sriram Sharma and Sesh Mohan Dash were occupants in the vehicle at the time of accident and sustained fatal injuries on that account. Dependants of deceased Sriram Sharma filed one claim petition and the dependants of deceased Sesh Mohan Dash filed another claim petition. Both the claim petitions were heard together and the tribunal has found that the accident was on account of negligent driving of the vehicle as a result of which both the two deceased persons sustained fatal injuries to succumb at the spot. Just compensation to the dependants of deceased Sesh Mohan Dash was determined at Rs. 60,000/- and the same in respect of dependants of deceased Sriram Sharma was Rs. 35,000/-. In both the cases the insurer was made liable up to the statutory limit.3. Mr. A. K. Bose, the learn...
K.R. Rao and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-10-1987
Reported in: AIR1989Ori97
S.C. Mohapatra, J.1. This is an appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act').2. Appellant K. R. Rao, who died during the pendency of this appeal and whose legal representatives have been substituted, undertook to execute the work 'Construction of Dyke No. 2 Balimela Dam Project'. An agreement was entered into between the parties numbered 146-F. 2 of 1968-69. In course of work, another agreement has been entered into which is termed as Supplementary to the original agreement and has been separately numbered as 47-F. 2 of 1970-71. The contract was rescinded. Thereafter some disputes were referred to Arbitration whose award was made in October, 1975. A Judgment in terms of the award was passed under Section 17 of the Act by the Jeypore Court. Some claims not having been included, appellant requested the authorities to nominate an Arbitrator. Ultimately a Court was moved under Section 8 for appointment of an Arbitrator and a retired Judge of P...
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