Orissa Court February 1988 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.
Sanku Ranga Rao Vs. Devi Prasad Sahu and anr.
Court: Orissa
Decided on: Feb-11-1988
Reported in: AIR1989Ori21; 65(1988)CLT630
D.P. Mohapatra, J.1. The plaintiff in Title Suit No. 131 of 1986-1 of the Court of the Munsif, Parlakhemundi has filed this revision petition challenging the Order dt 31-10-87 rejecting his application under Order 26, Rule 9, Civil Procedure Code for appointment of a Commissioner for measuring the disputed property to ascertain the encroachment by the defendant-opposite party No. 1 on his land.2. The gist of the case, as it appears from the impugned Order, is that the plaintiff and defendant 2, the two brothers were allotted adjacent plots of land in the partition of the family properties in 1959 and continued in exclusive possession of their respective plots since then. Thereafter, defendant 2 sold a portion of the land allotted to him to defendant 1 lying just adjacent to the plaintiffs land. It is the further case of the plaintiff that the defendant 1, the purchaser, encroached upon a portion of his land and threatened to make construction thereon. Therefore he filed the suit for de...
Cuttack Municipal Council and anr. Vs. Presiding Officer and ors.
Court: Orissa
Decided on: Feb-11-1988
Reported in: (1993)IIILLJ343Ori
R.C. Patnaik, J. 1. This is an application by the employer, the Cuttack Municipal Council, seeking a writ of certiorarifor the quashing of an award passed bythe Labour Court declaring the terminationsof the service of 28 mates with effect from30-4-1980 by the management as illegal andunjustified and directing their reinstatementwith full back wages and continuity of service. 2. The case of the petitioner before the Labour Court was that opposite parties 2 to 29 were appointed as mates purely on temporary basis by council resolution dated 2-4-1979. They were to work under the elected ward councillors. There was an understanding that their service would be terminated at any time without notice. They were required to appraise the ward councillors the day-to-day problems of the wards. They were appointed on the recommendation of the respective ward councillors. When the council was suspended and later on superseded by the Government with effect from 24-4-1980, there was no necessity for th...
Utkal Steels Limited Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Feb-04-1988
Reported in: [1988]70STC228(Orissa)
H.L. Agrawal, C.J.1. In all these nine writ applications which have been heard together for the sake of convenience, the facts and the points of law arising for our consideration are the same, and they are being disposed of herewith.2. All the petitioners are registered dealers under the Orissa Sales Tax Act, 1947 and carry on business in iron and steel materials. Besides trading in iron and steel materials, they also run rolling mills for manufacturing mild steel rods and flats, etc., and thereafter sell them in the market. For their manufacturing purposes, they purchase raw materials from Rourkela Steel Plant and other sources in shape of ingots, moulds and scraps on furnishing declaration in form No. XXXIV for the purpose of resale in the State of Orissa which entitles them to a lesser rate of sales tax. This sale of manufactured products was included in the petitioners' taxable turnover. But the assessing officer took a view that the utilisation of the raw materials for manufacturi...
Subhasini Jena Vs. Commandant of 6th Battalion, O.S.A.P.
Court: Orissa
Decided on: Feb-04-1988
Reported in: 1988CriLJ1570
ORDERK.P. Mohapatra, J.1. In a petition dated 17-12-1985 purported to be under Section 91 of the Code of Criminal Procedure ('Code' for short) the petitioner called for production of documents from the Commandant of the 6th Battalion, Orissa Special Armed Police, Cuttack ('O.S.A.P.' for short). The State Government claimed privilege under the provision of Section 123 of the Indian Evidence Act (hereinafter referred to as the 'Act'). The learned Judicial Magistrate, Paradeep at Kujang, by the impugned order granted privilege. Against this order the criminal revision has been filed.2. A short genesis of the case is necessary for appreciation of facts and the point of law involved. On 19-3-1984 a very unfortunate incident took place at Paradeep in course of which some police officers and labourers were killed and a large number of huts situate at a place called 'Iron Plot' where labourers used to live with members of their family were burnt to ashes. The petitioner, a woman labourer, file...
Piplani Sweets Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Feb-03-1988
Reported in: [1988]70STC153(Orissa)
H.L. Agrawal, C.J.1. These two writ applications in which the petitioner is the same and the questions are identical were heard together and are being disposed of herewith.2. The petitioner runs a restaurant wherein it serves meals and tiffin to its guests providing proper seating and other necessary arrangements for their reasonable comforts. The question that falls for consideration in this case is as to whether the sale, or, for that matter, the supply of foodstuffs and other eatables by the petitioner-restaurant to its customers was a 'sale' within the meaning of the Orissa Sales Tax Act ('Act' for short) and thus exigible to tax or it was only a part of the 'service' outside the mischief of the definition, before its amendment by Act No. 13 of 1984.3. The petitioner was assessed to sales tax for the periods 1971-72 to 1974-75 by the Sales Tax Officer, Sambalpur II Circle. The assessment orders were ultimately annulled by the Sales Tax Tribunal following the decision of the Supreme...
- ‹ Prev
- 1
- Next ›