Orissa Court February 1990 Judgments
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Sourindra Narayan Bhanja Deo Vs. Special Officer-cum-competent Authori ...
Court: Orissa
Decided on: Feb-12-1990
Reported in: AIR1991Ori19
Pasayat, J. 1. Determination of area to be surplus and in excess of the retainable limit, by the competent authority and the affirmation thereof by the appellate authority under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (in short 'the Act') is the subject-matter of challenge in the present writ application.2. The factual backdrop is rather simple. The cursory manner of disposal of the return filed by the petitioner indicating his status to be an individual, has unnecessarily complicated the matter. The conduct of the petitioner is also not without blemish. Properties which he claims to have been parted with much prior to the relevant date under the Act were included in the details of 'land held' and the details of land which ought to have been legally included were not so done. The petitioner came to hold lands from two sources, i.e., by way of gift evidenced by deed dated 31-5-1955, from his father and by partition of ancestral properties on 5-8-1970. Some am...
Miss. Priyanaka Priyadarashini Vs. Council of Higher Secondary Educati ...
Court: Orissa
Decided on: Feb-12-1990
Reported in: AIR1991Ori63
Pasayat, J.1. Petitioner, an examinee at the Annual Higher Secondary Examination, 1989 (hereinafter described as 'the Examination') has filed this application under Article 226 of the Constitution of India, assailing the correctness of the marks awarded to her in some of the subjects for which she appeared.2. The factual position relevant for disposal of the writ application is as follows :The petitioner claims to be a student of extraordinary merit having secured very high percentage of marks in the Annual High School Certificate Examination. She appeared as a candidate at the Examination with Roll No. 2010162 in the Science stream with English and Modern Indian Language (Oriya) as compulsory subjects and Physics, Chemistry and Mathematics as optional subjects, with Biology as fourth optional subject. On receipt of the mark-sheet issued by the Council of Higher Secondary Education (in short 'the Council') she found that the marks awarded to her in the five subjects i.e., Chemistry Pap...
Executive Engineer, Puri R. and B. Division and ors. Vs. G.C. Kanungo
Court: Orissa
Decided on: Feb-07-1990
Reported in: AIR1990Ori211
L. Rath, J.1. This appeal by the State is directed against confirmation of an award in favour of the respondent by the Sub-ordinate Judge and making it a rule of the Court. The brief facts leading to the appeal are that the respondent, a special class contractor, had undertaken construction of a high level bridge over river Daya under the appellants and disputes having arisen between the parties out of execution of the work and no arbitrator having been appointed by the appellant though requested by the respondent, the latter approached the Court under Section 20 of the Arbitration Act for appointment of an arbitrator. The application, registered as C.S. No. 328/81-I was decreed on 7th November, 1983 and a reference of the disputes as per the plaint and written statement filed by the parties was made to the Special Arbitration Tribunal consisting of Justice B. K. Ray (Retd.) by order dated 21-10-87. Before the Tribunal, the parties filed their respective statements. Voluminous document...
i.D.L. Chemical Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Feb-05-1990
Reported in: 1992(61)ELT230(Ori)
S.C. Mohapatra, J.1. This is an application invoking jurisdiction of this Court under Article 226 of the Constitution of India.2. Petitioner, a Company registered under the Companies Act manufactures explosives. For that purpose, it gets supply of ammonium nitrate melt, 80% concentrate from the Fertilizer plant of opposite party No. 6 which is incharge of its employees opposite party Nos. 7 and 8. Opposite party No. 6 is a Government Company fully controlled by the Central Government.3. For the tax paid under the Central Excises and Salt Act in respect of ammonium nitrate supplied to petitioner, opposite party No. 6 added the same to the price and demanded payment. Apprehending stoppage of supply which would affect manufacture of explosives, petitioner paid a part of the demanded amount and filed this writ application for a declaration that ammonium nitrate melt, 80% concentrate which is purchased by petitioner from opposite party No. 6 is not entitled to demand the same.4. Opposite pa...
Subala Charan Rout Vs. Smt. Prafulla Kumari Dei and ors.
Court: Orissa
Decided on: Feb-02-1990
Reported in: AIR1991Ori157
ORDERK.C. Jagadeb Roy, J.1. The petitioner is the defendant No. 1 in T.S. No. 165 of 1983 of the Subordinate Judge, Second Court, Cuttack, the suit being for partition. The present O.P. No. 1 was the plaintiff and O. Ps. 2 to 5 were defendants Nos. 2 to 5 who are the mother and sisters of the Defendant No. 1. The petitioner after due service of summons did not appear and was set ex parte on 12-12-83 due to non-appearance.2. Other defendants contested the suit by filing written statement. Plaintiff examined all his witnesses and the Defendants examined only D. W. 1 when Defendant No. 1, the present petitioner had appeared in the suit and filed a petition on 12-12-1985 stating that he had not received any summons or notice of the suit but having heard subsequently that the suit had been filed against him he came to know after query that there was wrong report of the process-server that he had refused to accept the summons wherein, in fact, the plaintiff had managed to suppress the summon...
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