Orissa Court April 1987 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Kirtan Behari Mohanty Vs. Collector, Balasore and ors.
Court: Orissa
Decided on: Apr-30-1987
Reported in: I(1988)ACC422; AIR1987Ori277; 64(1987)CLT220
G.B. Patnaik, J.1. These two writ applications are by one petitioner challenging the certificate proceedings in two certificate cases and both the certificate cases were instituted for realisation of the balance amount under an award passed by the Motor Accident Claims Tribunal under Section 110 of the Motor Vehicles Act.2. The petitioner is the owner of a taxi bearing registration No. ORC 9011. On 27-9-69, the said vehicle met with an accident as a result of which one Durga Charan Ghosh who was the husband of opposite party No. 2 and father of opposite parties 3 to 6 died. After the death of Durgacharan, the widow and the children of the deceased, namely, opposite party as 2 to 6 filed an application under Section 110-A of the Motor Vehicles Act claiming compensation to the tune of Rs. 45,000/- impleading the petitioner as well as the Insurance Company as opposite parties. This application was registered as Misc. Case No. 58 of 1969. The mother of the deceased also filed an applicatio...
Sitaram Sidhar and ors. Vs. Hariram Sharma and ors.
Court: Orissa
Decided on: Apr-28-1987
Reported in: II(1987)ACC174
G.B. Patnaik, J.1. All these three appeals are under Section 110-D of the Motor Vehicles Act (hereinafter referred to as the 'Act') challenging the award of the Tribunal involving a common question of law and, therefore, they were heard together and are being disposed of by this common judgment. Miscellaneous Appeal No. 143 of 1984 arises out of Misc. Case No. 52 of 1983 wherein the Tribunal has awarded a compensation to the tune of Rs. 29,000/- in favour of the injured, Sitaram who was the claimant Sitaram having died during the pendency of that appeal, his legal representative has been substituted. Miscellaneous Appeal No. 144 of 1984 arises out of Misc. Case No. 50 of 1983 wherein the Tribunal has awarded a compensation to the tune of Rs. 36,000/- in favour of the claimant, Pardesh and Miscellaneous Appeal No. 145 of 1984 arises out of Misc. Case No. 51 of 1983 wherein the Tribunal has awarded a compensation to the tune of Rs. 34,000/-in favour of the claimant, Syama Kurmi. The tota...
Secretary to Government of Orissa, Finance Department and ors. Vs. Str ...
Court: Orissa
Decided on: Apr-27-1987
Reported in: [1987]67STC284(Orissa)
L. Rath, J.1. The defendants, who are respectively the Secretary of the Finance Department of the Government of Orissa, the Collector, Koraput, the Commissioner of Sales Tax, Orissa and the Sales Tax Officer, Koraput II Circle, Rayagada, are in appeal against the plaintiff's suit for claim of Rs. 36,762.12 and interest thereon at 6 per cent for a sum of Rs. 5,414.62 totalling an amount of Rs. 42,176.74 which has been decreed. The plaintiff claimed the amount as due to it as rebate under the provisions of Section 9(3) of the Central Sales Tax Act, 1956 read with Section 13(8) of the Orissa Sales Tax Act, 1947 as it stood at the relevant time. The provision in the State Act provided that if tax is paid by a dealer on or before the due date of payment, he shall be entitled to rebate of 1 per cent of the tax payable. Under Section 9(3) of the Central Act, the tax payable under the Act is assessed and collected in the same manner and in accordance with the same provisions as relate to a tax...
Kishore Chandra Jagadev Ray Vs. Puri Municipality and anr.
Court: Orissa
Decided on: Apr-24-1987
Reported in: AIR1988Ori284; 64(1987)CLT231
D.P. Mohapatra, J.1. The order dt. 31-3-82 of the Additional Subordinate Judge, Puri in Misc. Case No. 85/7 of 1981 rejecting the case on the ground that it has become infructuous is under challenge in this appeal The Misc. Case was registered on the application under Order 39, Rule 2A of the Civil P.C. filed by the appellant complaining of deliberate disobedience of the order of injunction passed by the appellate court by the respondents. In the appeal, an ex parte order of injunction was passed on 15-5-81 restraining the respondents from making any construction within a space of 50 feet in front of the house of the appellant in Puri town. The said order was made absolute on 18-7-81 after hearing both the parties. The petition under Order 39, Rule 2A was filed on 11-8-81. By the impugned order the learned appellate court took the view that the Misc. case had become infructuous since the Title Appeal during the pendency of which the order of , injunction was passed had in the meanwhile...
State of Orissa Vs. Shiv Prasad Ashok Kumar
Court: Orissa
Decided on: Apr-24-1987
Reported in: 63(1987)CLT742; [1988]69STC26(Orissa)
R.C. Patnaik, J.1. On an application by the Revenue under Section 24(1) of the Orissa Sales Tax Act, 1947, the following question of law has been referred to this Court for opinion along with the statement of case:Whether, on the facts' and in the circumstances of the case, the Member, Sales Tax Tribunal, was legally correct in holding that the opponent is not liable to pay purchase tax on his purchase turnover of mohua flower in addition to the compounding tax payable under Rule 90-B for sale of outstill liquor ?2. The opponent, a dealer in outstill liquor and registered as such in Koraput I Circle, Jeypore, was assessed to tax on the turnover of sale of outstill liquor for the year 1976-77 under Rule 90-B of the Orissa Sales Tax Rules which came into force with effect from 1st May, 1976. In addition thereto he was assessed to tax on the turnover of purchase of mohua flower whereas sale of outstill liquor was brought within the tax net with effect from 1st May, 1976. Purchase of mohua...
Prema Chanda Barik Vs. Prafulla Kumar Mohanty
Court: Orissa
Decided on: Apr-23-1987
Reported in: AIR1988Ori33
H.L. Agrawal, C.J. 1. In this writ application, the question which arises for consideration is as to whether an application for withdrawal of a suit itself can be withdrawn by the applicant. 2. The matter arises out of a house rent case. The petitioner is the tenant. Opposite Parties 1 and 2 had filed a case for eviction of the petitioner under Section 7, Orissa House Rent Control Act, 1967, in the Court of the House Rent Controller, Jaipur, after having purchased the house from Khetrabasi Samant on 19-3-1984. Petitioner, after appearing in the proceeding, made an application for a direction to opposite parties 1 and 2 to produce the sale deed so as to enable him to take a proper defence. The Controller by his order dated 17-9-1986 rejected the prayer on certain reasons which are not relevant to be gone into. Against that order, the petitioner filed O.J.C. No. 2674 of 1986 in this Court for a direction to the landlords for production of the sale deed. In that case, in the counter-affid...
Ali HuseIn and anr. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Apr-22-1987
Reported in: [1988]68STC319(Orissa)
S.C. Mohapatra, J. 1. This is a writ application by the registered dealer under the Orissa Sales Tax Act (in short 'the Act') and one of its partners to quash the order of assessment for the year 1976-77 passed by the Sales Tax Officer who refused to deduct the turnover of sales tax-free to the registered purchasing dealers for computing the taxable turnover as envisaged under Section 5(2)(A)(a)(ii) of the Act. The registered dealers purchased the goods tax-free from the dealer giving declarations as envisaged in Rule 27(2) of the Rules made under the Act.2. Section 5(2)(B) of the Act provides that the deductions shall be ascertained by proving the same in the prescribed manner. The manner of proof has been provided in Rule 27(2). In the year 1976-77 in respect of the period from 1st April, 1976 to 31st May, 1976, Rule 27(2) provided that the registered purchasing dealer shall give the declaration in form No. XXXIV which is to be given by him in his own stationeries. With effect from 1...
Dinabandhu Mandal Vs. Mahendranath Mandal
Court: Orissa
Decided on: Apr-21-1987
Reported in: AIR1988Ori183
G.B. Patnaik, J.1. Defendant is the appellant against the affirming judgment.2. Plaintiff filed the suit claiming damages to the tune of Rs. 4,100/- on the allegation that the defendant developing intimacy with plaintiff's daughter Shanti illegally seduced her and had illicit intercourse with Shanti. Plaintiff's wife's sister Bimala once saw Shanti and the defendant in a compromising position in Dec. 1971 and told the plaintiff about it. Plaintiff then came home and enquired into the matter and could know that Shanti was in an advanced stage of pregnancy. Shanti narrated her father that the defendant had promised to marry her. Plaintiff, therefore, convened a panchayati of the caste men, but the defendant absconded and did not attend the meeting. Shanti gave birth to a child on 27-2-1972. Plaintiff alleged that on account of such illegal seduction and intercourse by the defendant and the consequent pregnancy ofShanti, the plaintiff's family suffered dishonour and disgrace as well as me...
Daro Kaur Vs. Bhagabati Prasad Sharma and anr.
Court: Orissa
Decided on: Apr-21-1987
Reported in: II(1987)ACC212
S.C. Mohapatra, J.1. This is a reference under Section 27 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. The Commissioner under the Act has referred the following question of law for decision of this Court:Whether the compensation amount awarded under the statute is to be disbursed only to the applicant without complying with the mandatory provision of Section 8(4) of the W.C. Act.3. In order to appreciate the question Section 8 is to be kept in mind. It reads as follows:8. Distribution of compensation--(1) No payment of compensation in respect of a workman whose injury has resulted in death and no payment of a lump sum as compensation to a woman or a person under a legal disability shall be made otherwise than by deposit with the Commissioner and no such payment made direct by an employer shall be deemed to be a payment of compensation:Provided that, in the case of a deceased workman, an employer may make to any dependent advances on account of compe...
State of Orissa Vs. Jagannath Prasad and S.B. Bhadudi
Court: Orissa
Decided on: Apr-20-1987
Reported in: [1988]69STC353(Orissa)
S.C. Mohapatra, J.1. This is a reference at the instance of the Revenue under Section 24(1) of the Orissa Sales Tax Act, 1947. The following question of law arising out of the second appellate order of the Sales Tax Tribunal has been referred to this Court for decision:Whether, on the facts and in the circumstances of the case, the Member, Sales Tax Tribunal was correct in holding that the opponent is not liable to pay purchase tax on his purchase turnover of mohua flower in addition to the compounding tax payable under Rule 90-B for sale of outstill liquor ?2. The dealer carries on the business of manufacture and sale of liquor. For the purpose, it purchases mohua flower which is liable to purchase tax. In respect of the year 1976-77 it was assessed to tax on the purchase of mohua flower but in second appeal the Tribunal held that in view of the provisions in Rule 90-B of the Rules made under the Orissa Sales Tax Act which came into force with effect from 1st May, 1976, the dealer is ...
- ‹ Prev
- 2
- Next ›
- Last »