Orissa Court January 1989 Judgments
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S. Somaya Vs. Special Land Acquisition Officer, Berhampur
Court: Orissa
Decided on: Jan-05-1989
Reported in: AIR1989Ori192
S.C. Mohapatra, J.1. This appeal under Section 54 of the Land Acquisition Act filed by the claimant is confined to the compensation payable for trees.2. By Notification under Section 4(1) of the Act published on 11-6-1971, 625 acres 53 cents of land in Golabandha and other villages were acquired for Air Guided Missile School, Golabandha. Land of the claimant is included within the total land acquired. Collector awarded compensation for trees following the rate given in the list prepared by the Delta Irrigation Department in 1964. Claimant received the compensation under protest and requested for a reference to Court and accordingly, the matter was referred to Court under Section 18 of the Act. Trial Court followed the Division Bench decision of this Court in F. A. 268 and batch of 1981 (Chinaga Joga Rao v. Special Land Acquisition Officer, Berhampur) decided on 23-8-1985 and awarded 20% more towards the value of trees. This is the grievance of the appellant.3. Claimant in his objection...
Lachaman Nepak and ors. Vs. Badankayalu Syama Babu Subudhi and anr.
Court: Orissa
Decided on: Jan-02-1989
Reported in: AIR1989Ori154
Agrawal, C.J. 1. This application is by the successors-in-interest of the original tenant Govinda Nepak against the order dt. 4-8-1987 (Annexure-1) passed by the Chief-Judicial Magistrate, Berhampur, refusing to stay the hearing of an appeal filed by Govinda Nepak against the order of the House Rent Controller for his eviction from the premises in question. Although the impugned order does not discuss the merits of the grounds on which the prayer for stay was made, it was submitted that the appellant had prayed for staying the hearing of the appeal on two grounds, namely, (1) the Title Suit between the same parties was disposed of by the Chief Judicial Magistrate herself while she was the Subordinate Judge; and (2) pendency of the Title Appeal before the District Judge, Berhampur.2. The first ground for stay has now become infructuous since the Chief Judicial Magistrate has in the meantime been promoted as an Additional District Judge, Therefore, the merit of the second ground, namely,...
Satyasai Traders Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Jan-02-1989
Reported in: [1990]76STC202(Orissa)
1. Heard learned counsel appearing for both parties. In second appeal before the Sales Tax Tribunal on behalf of the Revenue, the gross turnover was enhanced, as a result of which, a tax demand of Rs. 32,200 was levied on the petitioner. As he had already paid a sum of Rs. 9,000, the balance amount of Rs. 23,656 is now recoverable and demand has been made accordingly. In the meanwhile, the petitioner has filed an application for reference under Section 24(1) of the Orissa Sales Tax Act, 1947, to refer some questions of law arising out of the order of the Sales Tax Tribunal. The reference petition is pending disposal. The petitioner has approached this Court in this petition under Article 226 of the Constitution for stay of realisation of the sum of Rs. 23,656 pending disposal of the reference application. The point for consideration is whether this is a fit case in which by exercising our extraordinary jurisdiction under Article 226 of the Constitution or in exercise of powers under Se...
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