Orissa Court May 1988 Judgments
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The Oriental Fire and General Insurance Company Vs. Panapati Devi
Court: Orissa
Decided on: May-23-1988
Reported in: II(1989)ACC617
S.B. Sinha, J.1. Both these appeals involve Common questions of law and fact and having arisen from the same this Court they are taken up together for bearing and are being disposed of by this common judgment.2. The facts of the case lie in a very narrow compass.3. M.A. No. 215 of 1982 arises out of a judgment and award dated 21-6-82 passed by Sri R.L. Bhagat, Motor Vehicle Accident claims Tribunal, Bhagalpur in claim Case No. 18 of 1982 which was filed by the respondents 1 to 5 thereof.4. M.A. No. 216 of 1982 arises out of a judgment and award of the same date in claim Case No. 19 of 1981 which was filed by the respondents 1 to 6 thereof.5. On 29-5-1981 a truck bearing registration No. OSC 2316 was passing through Swami Vivekanand Path situate in the town of Bhagalpur. The said vehicle was being driven at a very high speed and in a most rash and negligent manner as a result whereof an accident occurred wherein one Raghubir Rajak and one Lakshmi Narayan Sarkar were killed. The manner i...
Sudhir Chandra Mandal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1988
Reported in: AIR1989Ori70; 66(1988)CLT361
S.C. Mohapatra, J.1. Settlement of fishery sairat sources of State Government in the Revenue Department is the subject matter of these two writ applications.2. Fishery sairat sources in question belonged to Kujanga estate which vested in the State of Orissa under the Orissa Estates Abolition Act, 1951 in the year 1952. Thereafter, those were being administered by the Kujanga tahasil till the bifurcation in the year 1959 i.e., (i) KujangaTahasil, and (ii) Marsaghai Tahasil. The dispute arose when the Tahasildar. of Marsaghai Tahasil issued notice for settlement of the fishery sairats within his jurisdiction on 28-11-1986 inviting offers for the same. An application was filed before the additional District Magistrate by the Kalinga Karnadhar Primary Fishermen's Co-operative Society for settlement of those fishery sairats with them. The notice was issued after the resolution was made by a committee on the basis of representation to the State Government In the resolution 56 fishery sources...
Uchhab Sahoo Vs. the State
Court: Orissa
Decided on: May-13-1988
Reported in: 1989CriLJ168
L. Rath, J.1. The appellant is in appeal against his conviction under Section 302, I.P.C. and sentence to undergo R. I. for life for having killed his father (hereinafter referred to as the deceased) at about 6.00 p.m. on 25-11-1981. The appellant was living separately with his wife and children for about ten years from his father and on the day of occurrence, as is the prosecution story, the deceased went to the house of the appellant while he was quarrelling with his second wife and protested against the abuses of the appellant to his wife. At this, the appellant pushed the deceased outside the house and threatened that if he would come to his house, he would kill him by arrow-shot and so saying brought out an arrow and bow and shot an arrow which pierced the left side chest of the deceased who fell down. He was removed to the Rajsunakhala Hospital where he was administered an injection but he succumbed to the injury, the death having occurred within half an hour of the shooting of t...
Bharat Heavy Electricals Ltd. and ors. Vs. Union of India (Uoi) and or ...
Court: Orissa
Decided on: May-12-1988
Reported in: 66(1988)CLT456; [1988]71STC25(Orissa)
S.C. Mohapatra, J. 1. In these writ applications under Article 226 of the Constitution of India levy of tax under the Orissa Sales Tax Act (for short 'the Act') amended in the year 1986, pursuant to the 46th Amendment of the Constitution is assailed by various petitioners from whom the assessing authorities claimed 'tax in respect of their business of works contract. As common questions of law are involved in all these writ applications, they were heard together and are disposed of by this common judgment.2. Since we are considering the question whether the goods transferred to the contractee by each of the petitioners would be in course of execution of the works contract, we are not going into the merit of the case whether the goods have been actually transferred. In case we come to the conclusion that tax is exigible in respect of the goods involved in such of the works contract, we shall give opportunity to the petitioners to approach the statutory authorities who shall find facts t...
Dr. Ashutosh Biswas Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-09-1988
Reported in: AIR1989Ori120
L. Rath, J.1. The petitioner having failed to secure admission into R.H.S. Course of the current year even though he had been selected for the purpose and had been called upon to take admission, has approached this Court for issue of a mandamus for the desired relief. The facts of the case, which are not in dispute, are that the petitioner's father is an employee under the Central Government and was posted to Orissa from 16-4-66 to 21-1-76 and is again continuing in this State from 10-7-80 till date. The petitioner has almost been entirely educated in Orissa having passed the High School Certificate Examination, I.Sc. Examination and the M.B.B.S. Examination in this State arid had also joined as an Assistant Surgeon in the State Medical Service on 19-12-87. He made an application for a seat in the R.H.S. Course for the year 1987-88 in any of the Medical Colleges of the State in the prescribed form issued in pursuance of the proposition (Annexure 1) approved by the Government. The appli...
Tunu Party and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-09-1988
Reported in: 1988CriLJ1913
R.C. Patnaik, J.1. This is an appeal from a decision of the Sessions Judge, Mayurbhanj in Sessions Trial No. 72 of 1982 convicting the appellants under Section 302 read with Section 34 of the Penal Code and sentencing each of them to undergo R.I. for life and further convicting appellant No. 1 under Section 323 of the Penal Code and sentencing him to undergo R.I. for three months. The sentences imposed on appellant No. 1 were directed to run concurrently.2. The appellants were prosecuted for murder of Kain Purty and his wife Puturi, Kain Purty, Ankur and Khela are brothers. Appellant No. 1, Tunu and Bire (since acquitted) are sons of Ankura. Kanda, appellant No. 2, is the son of Khela. Pada, appellant No. 3, has married the sister of Tunu. Kain and Putri were issueless. A week before the occurrence, Kain had sold his land to Mangal Singh for Rs. 1400/-. There were ill-feelings amongst the brothers on account of this 14-1-1982 was the Makar Sankaranti and was the day of festivities for ...
Orissa Card Board Box Industries Vs. State of Orissa
Court: Orissa
Decided on: May-05-1988
Reported in: [1988]71STC79(Orissa)
K.P. Mohapatra, J. 1. The following questions have been referred by the Sales Tax Tribunal under Section 24(3) of the Orissa Sales Tax Act (hereinafter referred to as the 'Act'):(1) Whether, on the facts and in the circumstances of the case, the learned Member, Sales Tax Tribunal, was justified in rejecting the claim for exemption of tax by the petitioner in respect of sale of wrappers, cartons and labels, etc., to M/s. Sajitha Bakery, Chilika Pharmaceutical Laboratories, Priyadarsini Chemicals, Khosala Lamp Industries and Konark Television ?(2) Whether, on the facts and in the circumstances of the case, the printing charges received by the petitioner have been rightly treated as sale price can be included in the taxable turnover of the petitioner ?2. It appears from the statement of facts submitted by the Sales Tax Tribunal that the petitioner-firm, a registered dealer under the Act (hereinafter referred to as the 'dealer'), is a manufacturer of cardboard boxes, deals in wax papers an...
Jayaram Panda Vs. D.V. Raiyani and ors.
Court: Orissa
Decided on: May-04-1988
Reported in: AIR1989Ori109; 66(1988)CLT155; (1990)IILLJ186Ori
G.B. Patnaik, J. 1. This case has been referred to the Full Bench as a Bench of this Court doubted the correctness of the Bench decision of this court in the case of Agadhu Charan Giri v. Commercial Manager, Indian Airlines, Calcutta (1985) 2 Orissa LR 513, on the question whether an order of acquittal passed in a criminal case debars a departmental inquiry on the self-same charges or not. The doubt arose because of some observations made by the Supreme Court in the case of Corpn. of the City of Nagpur, Civil Lines Nagpur v. Ramachandra G. Modak, AIR 1984 SC 626: (1984 Lab IC 179): 2. The brief facts are that the petitioner was appointed as a Clerk in the Bank of India on 27-12-1971 and was posted as Clerk-cum-Cashier at Berhampur between the period 24-12-1975 and 4-1-1979. During the said period, he was tried in two criminal cases namely SPE 8 of 1978 and SPE 10 of 1978 on the allegations that he committed certain forgery and manipulated certain documents which facilitated one Shri N....
Chitta Ranjan Hota Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-1988
Reported in: AIR1989Ori7; 66(1988)CLT340
K.P. Mohapatra, J. 1. The petitioner has assailed the order (Annexure 5) passed by the Revenue Divisional Commissioner, Northern Division (opposite party No. 3) holding that he is liable to pay penal interest at the rate of 9% over and above the usual interest at the house building advance under the low income housing scheme. 2. The facts are not in dispute. The petitioner by executing an agreement dated 19-3-1962 with opposite party No. 2, secured a house building advance of Rs. 5000/- and subsequently took a further advance of Rs. 800/- agreeing to repay the same in instalments. He paid the first instalment of Rs. 408.30 on the due date, but defaulted payment of subsequent instalments. Therefore, opposite party No. 2 initiated Certificate Case No. 5 of 1973 before the Certificate Officer, Bolangir (Opposite party No. 5) for recovery of the principal loan, the usual interest at the rate of 5% and the penal interest at the rate of 9%. The Certificate Officer (opposite party No. 5) pass...
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