Orissa Court September 1987 Judgments
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Gangadhar Somarath and ors. Vs. Honu Majhi and ors.
Court: Orissa
Decided on: Sep-02-1987
Reported in: AIR1988Ori141
ORDERS.C. Mohapatra, J.1. Defendant 11 is the petitioner in this Civil Revision.2. Plaintiffs filed the suit where in para 14, they prayed for the reliefs. It reads as follows : --'Therefore, the plaintiffs pray the Honourable Court to be pleased to pass a decree in favour of the plaintiffs and against the defendants, declaring the plaintiffs' possession over the suit land, and (b) to pass orders restraining the defendants from entering into the 'B' & 'C' schedule land which is a part of 'A' schedule land and (c) to appoint a receiver for the suit land and crop to deliver to plaintiff.' 3. In the suit, ad valorem court-fee was paid describing the same in para 13 of the plaint which reads as follows :'That the suit is valued for the purpose of court-fee and jurisdiction being the ten times of the rental value at Rs. 150/- under Section 7(v)(b) of the Court-fees Act and affixed court-fee stamps worth Rs. 25/- as required under Section 7 of the Court-fees Act as amended to Orissa.'The s...
Samaleswari Store Vs. State of Orissa
Court: Orissa
Decided on: Sep-02-1987
Reported in: [1988]68STC228(Orissa)
H.L. Agrawal, C.J. 1. The Sales Tax Tribunal, Orissa, on making a reference under Section 24(1) of the Orissa Sales Tax Act, 1947 (for short, 'the Act'), has referred the following questions of law for determination by this Court:(1) Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was justified in holding that sales tax and not purchase tax was leviable on dal with effect from1st October, 1974 and(2) Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was justified in holding that dal does not come within the ambit of the expression 'all forms of gram' and is therefore not subject to purchase tax with effect from 1st October, 1974 and is subject to sales tax from the said date ?2. The facts:For the assessment year 1975-76, the assessing officer, while making the assessment under Section 12(4) of the Act, imposed sales tax on the transactions of different kinds of da...
Sashikant and Co. and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-02-1987
Reported in: 65(1988)CLT35; 1989CriLJ264
G.B. Patnaik, J.1. This is an application under Section 482 of the Cri. P.C. for quashing of the charges framed against the petitioners under Sections 485, 486 and 487 of the I.P.C. (hereinafter referred to as the 'Code') and Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act').2. When this matter was heard by one of us, namely Hon'ble Justice B.K. Behera, several important questions having arisen for consideration and no direct decision either of the Supreme Court or of this Court being there on the points, it was directed that the case be placed before a larger Bench for disposal and that is how the matter has come before the Division Bench.3. On 5-8-1979, the godown premises of the petitioners was raided by Mangalabag Police people and several articles were seized The seized articles were mustard oil, Vanaspati, coconut oil of different brands. After seizure, the Food Inspector of Cuttack Municipality drew...
Kandula Prabhakar Rao Vs. Tumulu Lakshmanamurty and anr.
Court: Orissa
Decided on: Sep-01-1987
Reported in: AIR1988Ori263; 64(1987)CLT713
L. Rath, J.1. These two writ applications arise out of the same appellate judgment in a House Rent Control case disposing of two House Rent Control Appeals respectively preferred by the landlord and the tenant as against an order of the House Rent Controller dismissing the landlord's application for eviction even though recording adverse findings against the tenant as being a wilful defaulter and having negatived the title of the landlord. Two writ petitions have been filed against the same order since originally there were two appeals before the appellate authority and both are being disposed of by this common judgment.2. Two questions have been urged by Mr. Panigrahi, learned counsel appearing for the petitioner-tenant to press for reversal of the appellate judgment. The first is whether a person who was a tenant but was evicted from the house in execution of an ex parte order of evictioa but occupied the house thereafter forcibly could still be called a tenant in the house rent cont...
New India Assurance Co. Ltd. Vs. Sankar Behera and ors.
Court: Orissa
Decided on: Sep-01-1987
Reported in: I(1988)ACC220; 65(1988)CLT47; (1994)IIILLJ1061Ori
S.C. Mohapatra, J. 1. Insurer is the appellant in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act'). 2. Deceased was employed as driver ofa dumper which was insured with the appellant. There is no dispute in this appeal that the deceased was a workman and would be entitled to compensation under the Act. Mr. S.S. Basu, the learned counsel for the appellant, assailed the order of the Com-missioner on the ground that the deceased though sustained fatal injuries in course of employment there is no finding that the fatal injuries arose out of such employment. Mr. Basu also challenged the age and monthly wages of the deceased. Mr. S.K. Dey, the learned counsel for the defendant-respondent No. 1, submitted that the age and wages are questions of fact which ought not to be gone into in this appeal in view of the proviso which confines an appeal to substantial questions of law. As regards the fatal injuries arising out of employment, Mr. Dey submitted tha...
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