Orissa Court July 1987 Judgments
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Mangulu Pirai Vs. Prafulla Kumar Singh and ors.
Court: Orissa
Decided on: Jul-31-1987
Reported in: AIR1989Ori50; 64(1987)CLT563
Agrawal, C.J. 1. This application in revision filed by defendant 3 is directed against an order of the trial Court rejecting his application for amendment of the written statement by incorporating certain statements in the nature of a counter-claim.2. Opposite parties 1 to 3 as plaintiffs filed Title Suit No. 5 of 1984 in the Court of the Munsif, Dhenkanal, against the order of the Tahasildar, Dhenkanal, directing their eviction from the suit land Defendants 1 and 2 as well as defendant 3 filed written statements denying the plaintiffs' claim of possession over the suit land and claiming the possession of defendant No. 3.The hearing of the suit commenced on 19-8-1985 and was closed on 15-40-1985. Arguments were also fully heard on 5-11-1985, and 20-11-1985 was fixed for judgment. In the meantime, on 16-11-1985, defendant No. 3 filed an application for amendment of the written statement under the label of Order 8, Rule 6A(1) of the Civil P. C. (for short 'the Code') with a prayer for ad...
Abul Kalam Vs. Akhtari Bibi
Court: Orissa
Decided on: Jul-31-1987
Reported in: AIR1988Ori279
G.B. Patnaik, J.1. This appeal is directed against the order of the Additional District Judge, Cuttack, directing that the minor child be kept in custody of his mother (Respondent) till he completes the age of seven years whereafter the father will have the custody of the child. When the case was listed for admission, respondent entered appearance and bearing in mind the question of law involved, the matter was heard and is being disposed of at the admission stage.2. The mother, respondent filed the application purporting to be one under Section 25 of the Guardians and Wards Act claiming custody of her minor son and for a direction to the father to give the child in her custody. The parties are Mohamedans and are governed by Hanafi School of Mohamadan Law. The respondent married the appellant in June, 1983 according to Mohamedan custom and out of their wedlock, a son was born namely, Abdul Salam. He was two years old on the date of the application and now would be three years. The appe...
Md. Jakir Vs. Murarilal Agarwalla and anr.
Court: Orissa
Decided on: Jul-29-1987
Reported in: AIR1988Ori178
G.B. Patnaik, J.1. This appeal is directed against the order of the Subordinate Judge rejecting the application of the appellant who is defendant No. 2 in the suit for restitution of the property in question.2. The short facts are that respondent No. 1 filed Title Suit No. 14 of 1974 in the court of the Subordinate Judge for specific performance of contract of sale and for direction that defendant no, 1 should execute and register the sale deed pursuant to the agreement between plaintiff and defendant No. 1 dt. 4-4-1974. In the said suit a prayer had also been made for a declaration that the sale deed alleged to have been executed by defendant No. 1 in favour of defendant No. 2 was collusive, sham and no title passed on to defendant No. 2 on account of the said invalid sale deed. After filing of the suit, the plaintiff had filed an application for temporary injunction against defendant No. 2 with the prayer that defendant No. 2 be restrained from entering upon the suit premises. The tr...
The New India Assurance Company Ltd. Vs. Smt. Sulochana Sahu and ors.
Court: Orissa
Decided on: Jul-27-1987
Reported in: AIR1988Ori202; [1990]67CompCas551(Orissa)
G.B. Patnaik, J.1. This is an appeal at the instance of the insurance Company under Section 110-O of the Motor Vehicles Act challenging the award of the Tribunal allowing compensation to the extent of Rs. 70,000/-.2. On a petition being filed under Section 110 A of the Motor Vehicles Act by the dependents of the deceased, the Tribunal initiated the proceeding. It was alleged in the petition that on 16-10-1980 while the deceased was going towards his village Benguari on his bicycle and was on the extreme left side of the road, the offending vehicle bearing registration No. ORG 7171 which was being driven rashly by which the deceased was thrown out of the bi-cycle and died on the spot. The vehicle in question was being driven at such a high speed that after dashing the deceased it proceeded further and hit a culvert. It was also stated that the deceased was getting a monthly salary of Rs. 361.35 paise and was aged 33 years. The owner of the vehicle as well as the Insurnace Company were m...
The New India Assurance Co. Ltd. Vs. Sulochana Sahu and ors.
Court: Orissa
Decided on: Jul-27-1987
Reported in: II(1987)ACC306
G.B. Patnaik, J.1. This is an appeal at the instance of the insurance Company under Section 110-D of the Motor Vehicles Act challenging the award of the Tribunal allowing compensation to the extent of Rs. 70,000/-.2. On a petition being filed under Section 110-A of the Motor Vehicles Act by the dependents of the deceased, the Tribunal initiated the proceeding. It was alleged in the petition that on 16-10-80 while the deceased was going towards his village Benguari on his bi-cycle and was on the extreme left side of the road, the offending vehicle bearing registration No. ORG 7171 which was being driven rashly of which the deceased was thrown out of the bi-cycle and died at the spot. The vehicle in question was being driven at such a high speed that after dashing the deceased it proceeded further and hit a culvert. It was also stated that the deceased was getting a monthly salary of Rs. 361.35 paise and was aged 33 years. The owner of the vehicle as well as the Insurance Company were ma...
Konark Steel Industries and anr. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Jul-24-1987
Reported in: [1988]69STC187(Orissa)
H.L. Agrawal, C.J.1. The writ applications, which raise common question of law and accordingly have been heard together, are being disposed of herewith.2. Although in the prayer portion, complex reliefs have been unnecessarily prayed for, the short and simple question that was ultimately argued by the learned counsel for the petitioners was as to whether the Sales Tax Officer was right in imposing sales tax on the price of purchase of various iron and steel items, namely, scraps, which were subsequently sold after conversion as (i) M. S. rounds, (ii) M. S. bars and (iii) M. S. flats, on the ground that they were commercially different commodities of iron and steel.3. The facts:As the points raised in all the three cases are similar, I may notice the facts from 0. J. C. No. 518 of 1979. The petitioner in this case is a private limited company and a registered dealer under the Orissa Sales Tax Act (for short 'the Act'). The petitioner also owns a rolling mill and manufactures iron and st...
Narayan Sahu and anr. Vs. Vice Chancellor, Utkal University and anr.
Court: Orissa
Decided on: Jul-22-1987
Reported in: AIR1988Ori106
L. Rath, J.1. Whether a meeting would be convened or not, a dispute which though common in political or para political spheres but unusual in academical activities, has landed itself in the arena of the Court. The petitioners who are Lecturers by profession and are Fellows of the Senate of the Utkal University, the oldest University of the State, have filed this petition for a direction to the Vice-Chancellor and the Registrar opposite parties 1 and 2 to convene a Special Meeting of the Senateof the University in accordance with the requisition sent on 19-4-1987 by them along with 78 others. The opposite parties having not responded to such requisition, the petitioners have come before this Court for issue of a mandamus to compel them to perform their statutory duty of calling the requisition meeting.2. From the facts disclosed from the affidavits of the respective parties, it appears that in the Senate meetings of 19-3-1987 and 20-3-1987, the subject of grant of affiliation to differe...
Pratap Chandra Triya Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-1987
Reported in: AIR1989Ori54
S.C. Mohapatra, J. 1. This is an application under Article 226 of the Constitution by the petitioner who claims to be continuing as the Member of the Managing Committee of an Aided Educational Institution governed under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') andthe rules made thereunder.2. Case of the petitioner is that Ghagarbeda High School is a Private Educational Institution receiving aid from the State Government. In the year, 1985, the Managing Committee was constituted with the petitioner as a member thereof. The petitioner resisting the unholy combination of the President and Secretary of the Managing Committee and the Headmaster of the School in respect of their illegal acts, gave his dissenting opinions in resolutions dated 14-7-1986 and 11-8-1986 along with two other members. Thereafter, a resolution was passed on 24-10-1986, removing the petitioner from membership in exercise of the powers under Article 286(5) of the Orissa Education Code (in ...
Basanta Kumar Biswal Vs. Deputy Registrar of Co-operative Societies an ...
Court: Orissa
Decided on: Jul-22-1987
Reported in: 65(1988)CLT155; [1988]64CompCas327(Orissa)
S.C. Mohapatra, J. 1. Controversy in this writ application under article 226 of the Constitution of India relates to the substitution of the members of the first board of directors of a society registered under the the Orissa Co-operative Societies Act, 1962 (for short ' the Act '). 2. Notice of admission was issued and with the consent of both parties, the writ application was fully heard on merits for final disposal. 3. In the writ application, the order of substitution of the members of the first committee was assailed on several grounds which were all refuted in the counter-affidavits. Assertions in the counter-affidavits were replied in the rejoinder affidavit. However, at the time of hearing, the challenge was confined only to two grounds. They are: (a) absence of authority of the Deputy Registrar to revoke the nomination of all members nominated to the first committee of management by substituting new members; and (b) violation of the principles of natural justice while revokin...
Rabinarayan Prusty Vs. Sadasiva Rout and ors.
Court: Orissa
Decided on: Jul-22-1987
Reported in: II(1987)ACC337
S.C. Mohapatra, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (in short 'The Act').2. Aggrieved by the order making the appellant liable as owner, he has preferred this appeal. The only question for consideration, therefore, is whether the appellant is the owner of the vehicle.3. There is no dispute that the respondent No. 2 is the registered owner of the vehicle. Liability of the appellant has been fixed on the basis of the application for transfer and the deposit of the fees for transfer before the registering authority. As has been stated by the official witness proving the same, the documents were not filed in the manner required under law. The grievance of Mr. G.H. Panda, the learned Counsel for the appellant is that the Tribunal has not given due weight to this irregularity in receipt of the application for transfer. The submission of Mr. Panda is that the Tribunal has not at all considered Ext. A/D, which is the receipt granted by respondent No. 4 fo...
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