Orissa Court February 1990 Judgments
Harikrushna Purohit Vs. Satyabadi Purohit
Court: Orissa
Decided on: Feb-28-1990
Reported in: 1990CriLJ1595
ORDERK.P. Mohapatra, J.1. This revision is against the order passed by the Executive Magistrate, Berhampur on 25-7-1989 directing refund of the bid amount of Rs. 4750/- for auction of the disputed land for the year 1984-85 in favour of the opposite party.2. A few facts may be stated in brief. Opposite party Satyabadi Purohit initiated a proceeding under Section 145, Cr. P.C. (M.C. No. 462 of 1984) in the Court of the Executive Magistrate, Berhampur, in respect of the disputed land belonging to deity Shri Sapne-swar Mohaprabhu claiming as a trustee. After expiry of two years he ceased to be the trustee, but did not voluntarily hand over charge of the temple and its properties to petitioner Harikrushna Purohit who was appointed as the trustee of the deity. He, therefore, moved the Commissioner of Endowments and obtained delivery of possession of the temple and the properties on 5-1-1987 and 16-2-1987 respectively from opposite party Satyabadi Purohit. In view of the changed position with...
Tag this Judgment!Krushna Chandra Pati Vs. Hindustan Fertiliser Corporation Ltd.
Court: Orissa
Decided on: Feb-26-1990
Reported in: (1991)IILLJ244Ori
A. Pasayat, J.The petitioner, an erstwhile employee of the Hindustan Fertiliser Corporation Ltd, a Government of India Undertaking (hereinafter referred to as 'the Corporation'), has assailed the action of the Corporation in holding that he has voluntarily retired from the services of the Corporation. By the present application under Articles 226 and 227 of the Constitution of India, he has prayed for issue of a writ in the nature of mandamus or certiorari / order or orders/direction or directions to the Corporation to treat him to be continuing in service till the date of his superannuation or till he attains the age 60 and to quash the impugned order (Annexure-9) whereby his aforesaid alleged voluntary retirement was given effect.2. The factual position is almost undisputed. The Corporation circulated a Scheme amongst its employees called 'The Voluntary Retirement Scheme' (hereinafter referred to as 'the Scheme') giving them the option of voluntarily retiring from the service of the ...
Tag this Judgment!Teleworks Private Limited Vs. Steel Authority of India Limited and ors ...
Court: Orissa
Decided on: Feb-26-1990
Reported in: [1991]81STC449(Orissa)
D.P. Mohapatra, J.1. The question that arises for determination in this case relates to the date from which the petitioner is entitled to exemption from sales tax on purchase or sale of raw materials by it, whether it is the date of issue of the provisional certificate or the date of commencement of commercial production in its industrial unit ?The petitioner, Teleworks Private Limited, a company registered under the Companies Act, 1956, filed this application under Articles 226 and 227 of the Constitution against the Steel Authority of India Limited (opposite party No. 1), its Branch Manager (opposite party No. 2), the Commissioner, Commercial Taxes (opposite party No. 3), the Commercial Tax Officer, II Circle, Bhubaneswar (opposite party No. 4), the Commercial Tax Officer, I Circle, Bhubaneswar (opposite party No. 5) and the General Manager, District Industries Centre, Bhubaneswar (opposite party No. 6) with the prayer to direct the opposite parties 1 and 2 to refund Rs. 18,000 colle...
Tag this Judgment!Kunja Prusti and ors. Vs. Harekrushna Prusti and ors.
Court: Orissa
Decided on: Feb-26-1990
Reported in: 70(1990)CLT269; I(1992)DMC326
P.C. Misra, J.1. Defendants 1, 2, 4 and 5 in O.S. No. 21 of 1973(1) of the Court of Subordinate Judge, Nayagarh are the appellants in this appeal. Respondent No. 1 filed the aforesaid suit praying for partition of immovable properties described in schedule 'A' and 'B' and moveable properties described in schedule 'C' of the plaint. The plaint allegations show that schedule 'A' properties stood recorded alone in the name of defendant No. 1, whereas schedule 'B' properties are ancestral properties of the family in which other members of the family, namely, defendants 6 to 16 have got interest. According to the plaintiff, defendant No. 3 is the second wife of defendant No. 1 and plaintiff is the son of defendant No. 1 through the second wife. He claims l/5th share out of schedule 'A' and 'C' properties and l/20th share out of schedule 'B' properties. A further prayer has been made for a declaration that the registered sale deeds executed by defendant No. 1 on 27-7-1973 and 16-2-1972 in fa...
Tag this Judgment!Ram Bihari Movie Pvt. Ltd. Vs. Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Feb-21-1990
Reported in: AIR1991Ori12
K.C. Jagadeb Roy, J. 1. The petitioner runs a cinema hall under the name and style of Jayashree Talkies' at Badambadi and obtained the supply of the electricity from the Orissa State Electricity Board (hereinafter referred to as 'OSEB') for running its business by entering into an agreement with OSEB for such supply measured at 110 Kw. as contract demand. The line was charged on 10-1-1985. Later, on 14-5-1988 the petitioner made a representation before the Executive Engineer (Electrical) City Distribution Division, Orissa at Ranihat, Cuttack, the present Opposite Party No. 2 for reduction of the contractdemand from 110 Kw. to 85 Kw. An inspection was made by the officers of the OSEB and the inspection report was submitted on 17-9-1988 duly signed by the Junior Engineer (Electrical), the S.D.O. of the concerned area with the signature of the customer which has been annexed as Annexure-2 to this writ application which states that the connected load was 85.95 Kw. as checked on 17-9-1985. ...
Tag this Judgment!Smt. Laxmi Devi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-21-1990
Reported in: AIR1990Ori196; 69(1990)CLT805
K.C. Jagadeb Roy, J.1. The petitioner whose lands have been notified for the purpose of acquisition by the State under Section 4(1) as well as under Sub-section (1) of Section 17 of the Land Acquisition Act (hereinafter referred to as the 'Act') has approached this Court for quashing the said two notifications bearing No, 366 KA 322/77 -- Puri-R dated 16-5-1977 and No. 39228-KA-167/80 -- Puri-R dated 23-5-1980 as per Annexure-2 and the notification under Sec. 6 of the Act. This notification pertains to Ac. 1,000 dec. of land in village Kalarput, Thana -- New Capital No. 7, District -- Puri and the acquisition was as per the notification for public purpose, namely, the construction of New Capital.2. The land of the petitioner as per, the details given in Annexure-I to the writ petition has been acquired.3. Mr. R. K. Mohapatra learned counsel for the petitioner urged several points in this writ application. The Government Notification dated 16-5-1977 as per Annexure-2 stating that the la...
Tag this Judgment!Dolagobind Khandai and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-16-1990
Reported in: AIR1991Ori183
Pasayat, J. 1. Anxiety to 'manage' the affairs of schools has become the epicentre ofa large number of litigations. Schools which are supposed to be temples of education are frequently turning into battle fields of personal egos, political rivalries, group bickerings and factional cavilling. The society is now experiencing, in addition to labour unrest, students unrest, industrial unrest etc., a new type of unrest; 'management' unrest. This is now fast intruding in educational institutions. More often than not, the sanctity of the institutions is getting lost, and the purposes for which the educational institutions are set up are frustrated. The present writ application is one of such numerous instances where accusations and counter accusations; allegations of contravention of provisions of law, foul-play and partisan approach by the authorities at the helm of affairs have been made. While the society expects the schools and other educational institutions to be run and managed by peopl...
Tag this Judgment!Bhagaban Prasad Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-15-1990
Reported in: AIR1991Ori86
ORDER1. An order having been passed by opposite party No. 1-State of Orissa under Section 19(4) of the Orissa Hindu Religious Endowments Act, 1951 (shortly 'the Act') directing to hold public auction of a piece of property for the purchase of which the petitioner had made a move, he has approached this Court for issue of a writ of certiorari to quash the same.2. The facts, in brief are that the petitioner is a tenant in respect of three plots of land with a house standing thereon. The house admittedly is a small one and in a bad shape consisting of one bed-room, one storeroom and a kitchen with R.C.C. roof and three other rooms which have roofs of rafters and tiles. The house is situated on plot No. 1197/2281 with an area of A.O. .028 decs. and plot No. 1196 which is a Bari of the house is of an area of A.O. 020 decs. The other plot No. 1198 consists of an area of A.O. 013 decs. which is a sweeper's passage and can only be used for that purpose and hence, in effect, the land purported ...
Tag this Judgment!State Transport Employees' Federation Vs. State of Orissa and Ors.
Court: Orissa
Decided on: Feb-13-1990
Reported in: [1991(62)FLR621]; (1995)IIILLJ422Ori
G.B. Patnaik, J. 1. An order of the State Government dated 12.9.1989 prohibiting the continuance of a strike in the exercise of powers under Sub-section (3) of Section 10 of Industrial Disputes Act, 1947, which has been annexed as Annexure-4 is being assailed in this writ application. During the pendency of the writ application, notwithstanding the prohibitory order under Annexure-4, the workers not having joined the services, the management issued orders of dismissal of some of the employees, whereafter one such order of dismissal dated 23.9.1989, annexed as Annexure-5, passed against Sri Narasingha Tripathy has been challenged in this writ application by way of amendment.2. The petitioner's case, briefly stated, is that the petitioner is a registered trade union and has issued a strike notice to the Orissa State Road Transport Corporation (opposite party No. 4) on 21.8.1989 making a charter of demands on 16 heads. A conciliation proceeding was initiated but the same ended in failure ...
Tag this Judgment!National Aluminium Company Ltd. Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Feb-13-1990
Reported in: [1990]79STC312(Orissa)
S.C. Mohapatra, J.1. This is an application under Article 226 of the Constitution of India by a Government company.2. The petitioner claims to be carrying on mining operation of bauxites which is processed in a plant in Damanjodi in Koraput District for being used as raw material for the aluminium smelter plant at Angul. For the aforesaid business, the petitioner has captive power plants for generating electricity. The petitioner made application for including certain goods in its certificate of registration granted under the Central Sales Tax Act, 1956, as per Rules made thereunder. Sales Tax Officer included some of the items but did not include amongst others, computers and telecommunication and intercom equipments. No reason was indicated or intimated by the Sales Tax Officer to the petitioner as to why such goods were not included. Against such non-inclusion, the petitioner approached the Commissioner in revision under Section 23 of the Orissa Sales Tax Act. The Commissioner havin...
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