Orissa Court November 1989 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.
Hata Barik Vs. Raghunath Harichandan and ors.
Court: Orissa
Decided on: Nov-07-1989
Reported in: AIR1990Ori199
S.C. Mohapatra, J.1. Plaintiff has preferred the appeal and legal representative of deceased defendant No. 1 as respondents have preferred a cross-objection assailing the appellate decree in this Second Appeal. 2. Plaintiff and defendants Nos. 2 to 7 are barbers by caste belonging to the same family as per the following genealogy:--Madhab Bidya Dasa Hata (Plaintiff)Nata Desai (D.2) DamaBulaKanakalata(D.3)Pravasini(D.4)Kashi(D. 5)Panu(D.6)Bairagi(D.7) Defendant No. 1 is a Khandayat by caste and has purchased 'A' and 'B' Schedule properties of the plaint from defendants Nos. 2 to 4 by a registered sale deed dated 16-4-1973 (Ext. 'K').3. Admittedly, 'A' Schedule property is 80 decimals of homestead in Plot No. 48 recorded as Grama Savak mina and 'B' Schedule property is 309 decimals of agricultural rayati land in Plot No. 1148 jointly recorded in names of Nata and Hata with note of possession of Nata. 57 1/2 decimals of homestead in 'A' schedule on western side and half of plot No. 114...
Food Corporation of India Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Nov-07-1989
Reported in: [1990]78STC58(Orissa)
A. Pasayat, J.1. These three writ applications involve adjudication of common points and therefore, are disposed of by this judgment which shall cover all the three cases.2. The legality of the orders purported to have been passed under Section 13(4)(a), and the sustainability of penalties imposed under Section 13(5) of the Orissa Sales Tax Act, 1947 (for short 'the Act') fall for adjudication in these cases.3. Shorn of unnecessary details, the factual antecedents are that the petitioner is a Government of India undertaking and a Corporation established under the Food Corporation Act, 1964 (Union Act 37 of 1964) (for short 'the Act 37 of 1964') and is registered as a dealer under the Act and the Rules framed thereunder. The petitioner is assessed to sales tax by the Sales Tax Officer, Bhubaneswar Circle, Bhubaneswar (opposite party No. 1). It filed returns for the months January to March, 1973. Petitioner purchases paddy and converts it to rice for sale. Undisputedly, purchase of paddy...
J.P. Agarwala Vs. State of Orissa
Court: Orissa
Decided on: Nov-07-1989
Reported in: 69(1990)CLT220; 1990CriLJ1193
ORDERJ. Das, J.1. This criminal revision arises out of the appellate judgment dated 30-7-1983 passed by Sri G. S. Patnaik, Sessions Judge, Koraput, Jaypore upholding the conviction and sentence dated 8-4-1982 passed by Sri S. Nayak, Judicial Magistrate, First Class, Bissam Cuttack, in II (c) C.C. 14 of 1980 convicting the petitioner under Section 7 of the Essential Commodities Act and sentencing him to undergo R.I. for one year and to pay a fine of Rs. 1,000/-, in default, to undergo R.I. for two months and directing that the seized paddy be confiscated.2. The prosecution case, briefly stated is that on 22-2-1980 Sri P. N. Misra (P.W. 3), the Supply Supervisor along with Sri V. Rama Rao Patnaik (P.W. 4) attached to S.D.O. Office detained the truck bearing registration No. CRR 2262 and checked the same, P.Ws. 3 and 4 found that the accused was taking 120 bags of paddy weighing 93 quintals 99 Kgs. and 700 grams in the said truck. The accused-petitioner could not produce any authority for...
Yudhistir Mohanand Vs. Dalimba Mohanand
Court: Orissa
Decided on: Nov-07-1989
Reported in: 1990CriLJ1085; II(1993)DMC487
K.P. Mohapatra, J.1. This revision is directed against the order dated 19-7-1989 passed by the Sub-Divisional Magistrate, Sambalpur, to recall the search warrant under Section 97 of the Criminal P.C. ('Code' for short) issued by him earlier.2. Facts may be stated in brief. Indisputably the petitioner and the opposite party are husband and wife respectively. They lived together and a son was born to them. His age would now be about one and half years. According to the petitioner, the opposite party had some mental illness and was under treatment as an indoor patient of the V.S.S. Medical College and Hospital, Burla in the middle of the year 1988. Since then she was being administered medicines. On the advice of the doctors the child was separated from the opposite party. Later, the father of the opposite party took her away to his own village leaving the child with the petitioner. Since then she is not returning to the matrimonial home despite several attempts. According to the opposite...
Brundaban Nayak and ors. Vs. Gobardhan Biswal and ors.
Court: Orissa
Decided on: Nov-03-1989
Reported in: AIR1990Ori232
S.C. Mohapatra, J.1. Transfer of title by a registered deed of gift (Ext. 1) dated 26-2-1964 is the dispute in the suit out of which this Second Appeal arises.2. While plaintiff claims title on the basis of Ext. 1, defendants assailed the same asserting that it was obtained by the plaintiff from defendant No. 1 fraudulently misrepresenting that the latter is required to execute a power of attorney. When defendant No. I suspected the contents of the documents which he was possessing, he got it read over since he doesnot know reading and writing except signing, to find the same to be a deed of gift in favour of the plaintiff. Accordingly, he revoked the same by a registered deed of cancellation (Ext. A) dated 6-11-1971.3. Both the courts held that plaintiff acquired title on the basis of Ext. 1. Only point is whether Ext. 1 can be received in evidence as a valid instrument for transfer of title by defendant No. 1 in favour of the plaintiff.4. Under Section 123 of the Transfer of Property...
Rabindranath Nayak Vs. Manjukta Nayak Alias Mayalata Nayak
Court: Orissa
Decided on: Nov-03-1989
Reported in: II(1990)DMC64
J. Das, J.1. This Criminal Miscellaneous Case arises out of the order dated 27-2-1988 passed by Sri A.B. Naidu, Sub-divisional Judicial Magistrate, Jagatsinghpur in Misc. Case No. 15 of 1987 allowing interim maintenance @ Rs. 150/- per month in favour of the petitioner-Manjukta Nayak (opp. party in this case).2. The petitioner (opp. party) claims that she is the legally married wife of the opp. party (petitioner) Rabindranath Nayak and their marriage was solemnised in the year 1978 and on 10-9-1980 a child was born out of their wed-lock. The petitioner (opp. party) further asserted that she has been neglected by the opp. party (petitioner) and ill-treated by him and as a result of that she is staying with her father since 1980. In these circum stances, the petitioner (opp. party) claimed maintenance and also prayed for interim maintenance @ Rs. 300/- per month till disposal of the case.3. The opp. party (petitioner) filed objection stating that there is no relationship of husband and w...
Sesadev Das Vs. District Magistrate and ors.
Court: Orissa
Decided on: Nov-01-1989
Reported in: 1990CriLJ2261
G.B. Patnaik, J. 1. The petitioner has been detained under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the 'Act') pursuant to an order passed by the District Magistrate, Sundargarh, in exercise of his power conferred under Section 3 (1)(a), (b)(i) and (ii) read with Section 2(a) of the Act. The petitioner assails the said order, inter alia on the grounds that the detaining authority has passed the order of detention mechnically without applying his mind to find out whether launching of a criminal prosecution under the provisions of the Essential Commodities Act could also serve the purpose of preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodity essential to the community and that the grounds are vague and irrelevant and the detenu was prevented from making an effective representation thereby Article 22(5) of the Constitution has been v...
Braja Kishore Sahu Vs. Param Jyoti Sinha and anr.
Court: Orissa
Decided on: Nov-01-1989
Reported in: I(1990)ACC601; 1991ACJ185
K.P. Mohapatra, J.1. The appellant has challenged the order of compromise dated 6.12.1987 passed by the Second Motor Accidents Claims Tribunal (referred to as 'the Tribunal') making an award of Rs. 12,000/- as compensation in favour of the appellant.2. Facts may be stated in brief. The appellant was aged 15 years studying in the High School. He was involved in an accident which took place on 16.5.1985 on the road which runs between Paradip and Cuttack near village Barti caused by a motor car belonging to respondent No. 1 and insured with respondent No. 2. As a result of the accident, he suffered injuries and underwent prolonged treatment as an indoor patient at the S.C.B. Medical College Hospital, Cuttack. He filed the petition before the Tribunal under Section 110-A of the Motor Vehicles Act, (referred to as 'the Act') through his father guardian claiming compensation of a sum of Rs. 40,000/- for mental shock, loss of study, medical expenses and loss of all hopes for leading a normal ...
Orissa State Road Transport Corporation Vs. Shankar Sahu
Court: Orissa
Decided on: Nov-01-1989
Reported in: II(1989)ACC574
H.L. Agrawal, C.J.1. This is an appeal under Section 110-D of the Motor Vehicles Act by the employer against the judgment and order of the Second Motor Accidents claims Tribunal, Sambalpur, awarding Rs. 55,650/- as compensation to the claimant-respondent for the permanent disability suffered by him in an accident, and the question that arises is as to whether the Tribunal could award a higher compensation than that awardable under the Workmen's Compensation Act.2. The facts: The respondent was a bus driver of the appellant- Corporation. According to the case of the respondent, on 6-11-1979 he was to take a bus of the appellant Corporation from Deogarh to Bamra. When he was asked to take the bus in question, he noticed some defects in the headlight, break system, etc. But be was directed to take that very bus. Unfortunately, the bus met with an accident near a bridge, where there was a stiff curve of 90 degrees as it went beyond the control due to the defective brake. As a result of the...
- ‹ Prev
- 1
- Next ›