Orissa Court July 1989 Judgments
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Bhajaman Bobera Vs. Speaker, Orissa Legislative Assembly and ors.
Court: Orissa
Decided on: Jul-31-1989
Reported in: AIR1990Ori18
G.B. Patnaik, J.1. This writ application was listed before a larger Bench for Consideration of its admission, in view of the fact that an important question regarding the jurisdiction of this Court to entertain a petition to decide the validity of a proceeding in the Legislature of a State on the ground of alleged irregularity was raised. The petitioner, a Member of the Orissa Legislative Assembly, was served with notice (Annexure-1) along with the enclosures and was requested to offer his comments within seven days from the date of the receipt of the said notice. The enclosure was a petition by another member of the Legislative Assembly filed under the provisions of the Members of Orissa Legislative Assembly (Disqualification on ground of Defection) Rules, 1987 (hereinafter referred to as the 'Rules'). The petitioner did not offer any comments within the time as stipulated under Annexure-1. The petitioner then received another letter under Annexure-3, whereunder he was intimated that ...
Chhatia Weaving Mills Vs. Presiding Officer, Industrial Tribunal and o ...
Court: Orissa
Decided on: Jul-31-1989
Reported in: (1992)ILLJ19Ori
R.C. Patnaik, J. 1. In this writ application, the employer has assailed the awards of the Industrial Tribunal in I.D. Misc. Case Nos. 6/86 and 16/86 declaring the termination of the services of opposite parties 3 to 7 as invalid declining to grant approval under Section 33(2)(b) of the Industrial Disputes Act (for short, 'the Act') anddeclaring that the workmen would be deemed tobe continuing in employment without interruption and entitled to wages and other servicebenefits.2. On allegation that the opposite parties 3 to 7 assaulted Shri Ramakanta Banu, Supervisor, while he was proceeding to report to duty, they were dismissed from service with effect from August 1, 1986. The workmen filed an application under Section 33A of the Act against the management for contravention of the mandatory provisions contained in Section 33(2)(b) of the Act as the management had not sought approval from the Tribunal prior to the dismissal. The application was registered as I.D. Misc. Case No. 6 of 1986...
S.C. Sen and Co. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Jul-26-1989
Reported in: [1990]78STC105(Orissa)
S.C. Mohapatra, J.1. Refusal to refund the security paid by the petitioner under the Orissa Sales Tax Act, 1947 (in short 'the Act'), is the grievance of the petitioner in this application for issue of a writ under Article 226 of the Constitution of India.2. After retirement from service, the petitioner carried on business of purchase and sale of goods in Balasore town as a registered dealer. He deposited security amounting to Rs. 850 in shape of National Savings Certificates as provided in Rule 7-A(2)(c) of the Rules made under the Act. While his certificate of registration for renewal submitted on April 6, 1979, was with the Sales Tax Officer, the petitioner wound up his business and made an application on April 29, 1980, for cancellation of registration certificate as provided in Section 9(6)(a) of the Act read with Rule 14(1)(b) of the Rules. After the assessment for the year 1979-80 and receipt of demand notice, the petitioner paid the tax and penalty demanded on December 22, 1980...
The Management of Orissa Khadi and Village Industries Board Vs. their ...
Court: Orissa
Decided on: Jul-26-1989
Reported in: 68(1989)CLT600; (1990)ILLJ224Ori
R.C. Patnaik, J.1. This is an application by the employer for judicial review by grant of a writ of certiorari of an award passed by the Labour Court in Industrial Disputes Case No. 68 of 1977 under reference made by the State Government under Section 12(5) read with Section 10(1)(d) of the Industrial Disputes Act, 1947 of the following question:-'Whether the retrenchment of Sri. G.B. Dhal, Bee-keeping Supervisor, by the management of Orissa Khadi and Village Industries Board, Bhubaneswar, with effect from 9th September 1968 is legal and/or justified? If not, to what relief Shri Dhal is entitled?'2. Sri Dhal, opposite party No. 1, was appointed on 20th November, 1962 as a Beekeeping Supervisor. Though initially the appointment was for six months on trial basis, the same was extended from time to time and was regularised with effect from 22nd February 1965. By resolution of the Orissa Legislative Assembly dated 12th March 1968, the Orissa Khadi and Village Industries Board was dissolved...
Pradeep Kumar Singh Deo Vs. Draupadi Verasagar and ors.
Court: Orissa
Decided on: Jul-25-1989
Reported in: 1990ACJ392; 68(1989)CLT690; [1990]67CompCas566(Orissa)
H.L. Agrawal, C.J. 1. The appellant is the owner of a motor truck bearing No. OSS 5792 which was involved in an accident on December 26, 1982, while driven by his driver. It is alleged that, due to rash driving by the driver, the vehicle which was carrying sugarcane capsized and certain coolies including one Prafulla Verasagar aged about 24 years fell down and Prafulla died.2. The claim application was filed by his widow and other legal representatives. The Claims Tribunal, Sambalpur, held that the accident took place on account of the negligence of the truck driver and, accordingly, allowedcompensation of Rs. 27,600 to be distributed in different proportions among the claimants (details are not relevant). He, however, altogether exonerated the insurer, namely, the United India Insurance Co. Ltd. respondent No. 6 on the ground that the truck was carrying more than four persons (sic), i.e., beyond the permissible limit under the law. Therefore, the number of persons carried being beyond...
Nirmal Kumar Guha Vs. Additional Commissioner, Sales Tax
Court: Orissa
Decided on: Jul-25-1989
Reported in: [1990]78STC425(Orissa)
1. Heard counsel for the petitioner and the learned Additional Standing Counsel for the department.2. This writ application is directed against an order passed by the Additional Commissioner of Sales Tax refusing to set aside cancellation of registration certificate of the petitioner with effect from April 1, 1986. Admittedly, no application for renewal was filed within the prescribed time. Hence, the Sales Tax Officer cancelled the certificate with effect from April 1, 1986, by his Memo dated October 4, 1986. The petitioner carded a revision to the Commissioner alleging that he had not been given an opportunity before cancellation. He was bedridden. Therefore, he could not make an application within the prescribed time. Before the Commissioner, the petitioner filed a medical certificate bearing the date December 27, 1986. The doctor certified that the petitioner was ill since September 10, 1986 and since December 27, 1986, his position had improved. The medical certificate though said...
Krishna Steel Industries and Krishna Rolling Mills Vs. State of Orissa
Court: Orissa
Decided on: Jul-25-1989
Reported in: [1990]79STC185(Orissa)
S.C. Mohapatra, J.1. This is a reference under Section 24(2)(b) of the Orissa Sales Tax Act (hereinafter referred to as 'the Act') at the instance of the dealer. A statement of the case on the following question of law arising out of the order was called for :'Whether on the facts of the case and on an interpretation of different provisions contained in the Orissa Sales Tax Act, the Tribunal was correct to hold that the levy of tax under the second proviso appended to Section 5(2)(A)(a)(ii) of the Act was justified ?'.2. The dealer is a partnership firm being registered under the Act and carries on the business in iron and steel. It is entitled to purchase iron and steel scrap free of tax for resale as it revealed from its certificate of registration. For the year 1979-80, the petitioner purchased scrap and furnished declaration in form XXXIV for resale. Out of the purchased scrap the dealer utilised a portion of the scrap in manufacturing mild steel rounds in its manufacturing units. ...
Union of India (Uoi) Vs. Straw Products Limited
Court: Orissa
Decided on: Jul-25-1989
Reported in: 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
H.L. Agrawal, C.J.1. In this case, we have been called upon to decide the age-old question vexing the Courts as to whether a suit of a particular nature is maintainable in the Civil Court. An equally important question that has come to the surface is as to whether a litigant has got a vested right for redressal of his remedy in a particular forum which cannot be changed or taken away.2. An objection regarding the maintainability of the suit was raised by the defendant-appellants, but the learned Subordinate Judge rejected the same and ultimately decreed the suit in part holding that the money having been paid by a mistake of law prior to the coming into force of the amendment (to be noticed hereafter), the suit was maintainable in the Civil Court.3. In the First Appeal filed by the defendants, it appeared to us to be expedient that the question of maintainability of the suit be taken up and decided in the first instance because in the event of our decision being in favour of the appell...
New India Assurance Company Ltd. Vs. Prafulla Kumar Das and ors.
Court: Orissa
Decided on: Jul-21-1989
Reported in: II(1989)ACC311; 68(1989)CLT15
G.B. Patnaik, J.1. The insurer is the appellant assailing the order of the tribunal. In an application filed under Section 110-A of the Motor Vehicles Act by the claimants, the learned tribunal has directed payment of compensation to the tune of Rs. 15,000/- together with the consolidated cost of Rs. 500/-. The application had been filed making an allegation that the vehicle in question having been driven rashly and negligently, caused the accident. The present appellant insurer had insured the vehicle in question. Before the tribunal on behalf of the appellant objection had been taken to the effect that the insured namely the owner of the vehicle not having paid the premium in time the insurance policy had been cancelled and such a cancellation had also been notified to the owner of the vehicle, and therefore, no liability can be fastened on the insurer. This issue was fought vehemently before the tribunal and some evidence had also been led before the tribunal. The tribunal, however,...
Chandra Sekhar Das and anr. Vs. Giridhari Sahu and ors.
Court: Orissa
Decided on: Jul-20-1989
Reported in: AIR1990Ori129; 68(1989)CLT409
1. Plaintiffs are the appellants against the judgment and decree of the Subordinate Judge, Athgarh, in a suit for declaration of plaintiffs' title and for confirmation of possession as well as for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs. Plaintiff No. 1 is the husband of plaintiff No. 2.2. Plaintiff's case, in brief, is that the properties described under Lot. No. 1 of Schedule A of the plaint are Brahmottar Niskar land and and under Lot No. 2 of the said Schedule are Pahi land. The entire land originally belonged to one Nilakantha and after his death the property devolved upon his three sons, Hari, Baraju and Madhu. Madhu had been given away in adoption and accordingly had no interest in the property of Nilakantha, Both Hari and Baraju had no issue. Hari had adopted one son called Natabar and Baraju had adopted one son called Lokanath. Natabar died issueless in 1941 leaving beind his widow Mahani and three daughters, Magun...
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