Orissa Court September 1989 Judgments
Baikunthanath Patjoshi and ors. Vs. Commissioner of Endowments, Orissa ...
Court: Orissa
Decided on: Sep-28-1989
Reported in: AIR1990Ori223; 69(1990)CLT213
P.C. Misra, J.1. The petitioners in this writ application have challenged the revi-sional order passed by the Commissioner of Endowments, Orissa, Bhubaneswar Under Section 9 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the 'Act') holding that the Assistant Commissioner of Endowments had no jurisdiction to appoint non-hereditary trustees Under Section 27 of the Act in respect of the religious Institution in question.2. The Assistant Commissioner of Endowments, Bhubaneswar by his order dated 15-3-1988 appointed the petitioners as non-hereditary trustees of the religious institution of Sri Madan Mohan Deb and Sri Radha-mohan Deb situated at village Somapur in the District of Puri. After being so appointed the petitioners elected petitioner No. 1 to function as the Managing Trustee which in due course got approval of the Assistant Commissioner of Endowments. The Assistant Commissioner of Endowments (O.P.No. 2) issued an order to the Inspector of Endowments...
Tag this Judgment!State Vs. Sahadev Dalal
Court: Orissa
Decided on: Sep-26-1989
Reported in: 1990CriLJ1581
K.P. Mohapatrah, J.1. This appeal is directed against the judgment passed by the learned Judicial Magistrate, Nayagarh, acquitting the respondent of an offence punishable under Section 27 of the Orissa Forest Act, 1972 (shortly stated 'the Act').2. Prosecution case, in brief, is that on 23-9-1979 at about 5.00 P.M., P.Ws. 1 and 2. both Forest Guards, were patrolling compartment No. 7 of Hatimunda Reserved Forest. They detected that the respondent was unauthorisedly carrying away a green Sal log of the size of 13' x 3'-10' in a bullock-cart from the said forest. They seized the log by seizure list (Ext. 1) and gave it to the zima of P. W. 4 by zimanama (Ext. 2). The bullock-cart and the bullocks could not be seized because the respondent forcibly took them away. P. W. 1 submitted an offence report (Ext. 3) and the Forester (P. W. 3) made an enquiry and submitted the prosecution report.3. The respondent denied the occurrence.4. On a consideration of the prosecution evidence, the learned ...
Tag this Judgment!Bijoy Kumar Pani Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-22-1989
Reported in: I(1990)ACC354; 69(1990)CLT97
G.B. Patnaik, J.1. The notification dated 30th of May, 1989, issued by the Government of Orissa in the Commerce and Transport Department in exercise of the powers conferred under Sub-section (1) of Section 43 A of the M.V. Act, 1939, has been assailed in this writ application, inter alia on the ground that the State Govt. has no jurisdiction under Section 43A to encroach upon the quasi judicial power of the permit-granting authority. The petitioner's case briefly stated, is that no doubt Section 43 A confers power on the State Govt. to issue such directions of a general nature as it may consider necessary in the public interest in respect of a matter relating to road transport of the State, but in exercise of such power, the quasi judicial function of the authorities under the M. V. Act cannot be infringed in any manner. In words, it is the case of the petitioner that the Govt. cannot issue any instruction in the purported exercise of power under Section 43 A to control the discretiona...
Tag this Judgment!Dhruba Charan Sena Vs. Hemalata Dei
Court: Orissa
Decided on: Sep-19-1989
Reported in: 68(1989)CLT789; I(1990)DMC162
K.P. Mohapatra, J.1. This revision Is directed against an order passed by the learned Judicial Magistrate, Kujang granting maintenance to the opposite party at the rate of Rs. 150/- per month under Section 123 of the Code of Criminal Procedure.2. The case of the opposite party, who was the petitioner before the learned Judicial Magistrate, is that she was married to the petitioner on 20-6-1931 as a Tolakanya according to the religious rites and customs. After marriage both parties led a happy conjugal life. After a year of marriage the petitioner with the intention of marrying another girl ill-treated and assaulted her and ultimately she was driven out of the house on 24-5-1982. Subsequently, the petitioner married another girl named, Jharana Mohanty for the second time. In the above circumstances, she claimed maintenance at the rate of Rs. 300/- per month.3. The petitioner in his objection denied the marriage altogether. According to him, he did not marry .the opposite party as Tolaka...
Tag this Judgment!J.B. Patnaik Vs. Bennett Coleman and Co. Ltd. and ors.
Court: Orissa
Decided on: Sep-18-1989
Reported in: AIR1990Ori107
ORDERK.P. Mohapatra, J.1. The plaintiff has filed a petition for withdrawal of the suit for damages for defamation.2. The plaintiff is the Chief Minister of Orissa. Defendant No. 1 are the proprietors of Bennett Coleman & Co. Ltd., publishing the Illustrated Weekly of India (for short 'Illustrated Weekly') from Bombay having a wide circulation throughout the country, Defendants Nos. 2 and 3 serve as Editor and Special Correspondent thereof. Defendant No. 4 is a former Member of Parliament. Defendants Nos. 1, 2 and 3 published two articles in the Illustrated Weekly in the issues 18-24 May, 1986 and 3-9 August, 1986 respectively. The first article was captioned 'Shocking : The Strange Escapades Of J. B. Patnaik, Orissa Chief Minister'. In this article, scandalous allegations relating to the perverted sexual character of the plaintiff were made. Also were published therein the details of an interview which defendant No. 3 had with defendant No. 4 in a box item under the heading 'He Is A P...
Tag this Judgment!Oscar Vs. Barbil Municipality
Court: Orissa
Decided on: Sep-18-1989
Reported in: AIR1990Ori207
S.C. Mohapatra, J.1. Plaintiff is the appellant against dismissal of the suit for realisation of -- (i) balance consideration towards supply of mild steel grills and gates to the defendants; (ii) interest at 18% from the date of notice under Section 349 of the Orissa Municipal Act, 1950 (hereinafter referred to as 'the Act'); (iii) costs of notice and (iv) pendente lite and future interest.Quotations were invited by Executive Officer of defendant-Municipality for supply of mild steel grills and gates on the basis of which plaintiff and two other suppliers gave quotations of rates. Those rates not being accepted, plaintiff was called for negotiation and on that basis rate was fixed at Rs. 18,50paise per kilogram of mild steel grills and gates to be supplied. Plaintiff supplied the articles which were received by the Sub-Assistant Engineer of the Municipality and an amount of Rs. 20,000/- was paid in part towards consideration amount by the defendant-Municipality. Balance amount of Rs. 2...
Tag this Judgment!Pravabati Jena Vs. Ram Kumar Agarwal and anr.
Court: Orissa
Decided on: Sep-18-1989
Reported in: I(1990)ACC563
L. Rath, J.1. This appeal by the wife is directed against an award of the Second Motor Accidents Claims Tribunal, Orissa, Cuttack, seeking enhancement of compensation to the injured husband. Respondent No. 1 has also filed a cross-objection challenging the award as not sustainable insofar as it has made him liable to pay the awarded amount. The appellant lodged a claim with the tribunal on the pleading that her husband was hit while crossing the Bhubaneswar-Cuttack Road at Phulnakhara on 15-7-1981 at about 1.00 p.m. after alighting from a bus by an Ambassador car belonging to respondent No. 1 going from Cuttack side at reckless high speed without blowing horn. The car hit her husband from behind and without stopping fled away but was pursued by P.W. 7 with a motor-cyclist who got it detained near the road breakers at Pahala and left the vehicle there with the police. It is her case that the injured suffered multiple injuries, his both the legs were broken, he became useless for all pur...
Tag this Judgment!The Leather Corporation of Orissa Ltd. Vs. Assistant Collector, Centra ...
Court: Orissa
Decided on: Sep-14-1989
Reported in: 69(1990)CLT201; 1990(25)ECC441
P.C. Misra, J.1. The petitioner, a Government Company registered under the provisions of the Indian Companies Act, 1956 has filed this writ application challenging the orders passed by the Central Excise Authorities rejecting its application for refund of excise duty on the ground that the application was barred by limitation.2. It is alleged in the writ application that by notification No.93/67 dated 26.5.1967 the Central Government exempted the foot-wear falling under item No. 36 of the First Schedule to the Central Excise and Salt Act, 1944 produced in any factory including the precincts thereof wherein not more than 49 workers are working or were working on any day of the preceding twelve months or the total equivalent of power used in the process of manufacturing foot-wears does not exceed two horse power from the whole of the duty of excise leviable thereon. It has been alleged that the factory paid and the Excise Authorities collected excise duty under an erroneous impression th...
Tag this Judgment!Govinda Chandra Mohanty Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Sep-13-1989
Reported in: [1990]77STC209(Orissa)
P. C. Misra, J.The Petitioner is a registered dealer tinder the Orissa Sales Tax Act carrying on the business of sale and purchase of goods. The sales tax payable by the petitioner was compounded under Rule 90-A of the Orissa Sales Tax Rules, 1947, which the petitioner alleges that he was paying regularly, A suo motu proceeding was initiated by the Assistant Commissioner of Sales Tax of Balasore range under Section 23(4) of the Orissa Sales Tax Act, 1947, read with Rule 80 of the Rules framed thereunder in which he enhanced tax to Rs. 1,477.89 or rounded to Rs. 1,478. The revisional authority taking the earlier sale turnover of the petitioner for the years 1970-71 and 1971-72 which was Rs. 17,773.83 and Rs. 16,874.19 respectively calculated the tax payable by the dealer for the aforesaid years at Rs. 1,377.47 and 1,307.72 respectively, the average of which works out to Rs. 1,342.59 payable for a year. Adding 10 per cent to the total amount of tax payable for the year by way of compound...
Tag this Judgment!State Transport Accounts Association and Etc. Etc. Vs. Orissa State Ro ...
Court: Orissa
Decided on: Sep-08-1989
Reported in: (1992)ILLJ397Ori
K.P. Mohapatra, J.1. In these writ petitions a large number of employees of various categories serving under opposite party Nos. 1 and 2 and their service associations have challenged the decision of opposite party No. 1 for retrenchment of staff considered to be excess, as well as the orders of retrenchment. As common questions of fact and law are involved and arise for consideration, with the consent of the counsel for the parties they were heard together and are disposed of by this judgment.2. Facts common in all the writ petitions are that the petitioners are employees of the Orissa State Road Transport Corporation (opposite party No. 1) (for short 'the Corporation') serving in various categories and were mostly appointed for efficiency of public transport in the State after the modified Banner Scheme was introduced in the year 1983. According to this scheme which was operated in six districts of the State, namely, Cuttack, Balasore, Mayurbhanj, Ganjam, Puri and Phulbani, the owner...
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