Orissa Court March 1990 Judgments
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Ajit Kumar Baral Vs. the Utkal University and ors.
Court: Orissa
Decided on: Mar-21-1990
Reported in: AIR1990Ori174
G.B. Patnaik, J. 1. The petitioner had appeared in B.Sc. Annual Examination of 1989 in Three Year Degree Course from Buxi Jagabandhu Bidyadhar College, Bhubaneswar. When the results were declared on 15-8-1989, the petitioner did not find his name in the list of candidates who had passed the said examination. The petitioner then approached the Controller of Examinations, Utkal University (opposite party No. 3) and learnt that five of his answer papers in Physics Honours and one paper in Chemistry were missing. The petitioner, therefore, lodged a complaint before opposite party No. 3 on 21st of Aug., 1989 through the Principal of the College, wherein the Principal had made an endorsement that the petitioner had appeared in all the papers in the annual examination. Thereafter the University authorities made a thorough search and could locate four of the petitioner's answer papers and sent a revised marksheet to the College, which has been annexed as Annexure 2 to the writ application. Whe...
Aluminium Industries Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-20-1990
Reported in: [1991]72CompCas436(Orissa)
Hansaria, C.J. 1. A question of great importance relating to the power of the States to recover sales tax, by instituting what is called a garnishee proceedings, from industrial companies governed by the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter to be called 'the Central Act'), has come up for decision in these cases. The point is of first impression also, and as such the same needs our detailed consideration.2. The aforesaid point has arisen for decision on certain steps being taken by different Sales Tax Officers of this State under the provisions of Section 13A(1) of the Orissa Sales Tax Act, 1947 (for short 'the State Act'), which is in the following language :'13A. Special mode of recovery.--(1) Notwithstanding anything containedin Section 13 or any law or contract to the contrary, the Commissioner or anyofficer appointed under Sub-section (3) of Section 3 may, at any time or fromtime to time, by notice in writing (a copy of which shall be forwarded to ...
Prafulla Chandra Behera Vs. Dena Bank and ors.
Court: Orissa
Decided on: Mar-20-1990
Reported in: 70(1990)CLT116; (1991)ILLJ130Ori
R.C. Patnaik, J.1. The petitioner, an employee of Dena Bank, has assailed in this writ application under Article 226 of the Constitution of India an order passed by the Regional Manager keeping his promotion from clerical cadre to officers cadre in abeyance as per his letter dated 30st June 1981, which has been appended to the writ application as Annexure-1, and the order of stoppage of two annual increments with cumulative effect by way of punishment in a disciplinary proceeding as per Annexure-15 dated 4th April 1984 and the order confirming the order of the disciplinary authority as per Annexure-16 dated 27th June 1984.2. The petitioner entered service under Dena Bank as a Clerk with effect from 21st June 1972. When his case was ripe for consideration for promotion, he took the competitive examination. By letter dated 30th June 1981 (Annexure-1), he was informed by the Regional Manager, Calcutta Region, that his promotion was kept in abeyance pending enquiry into the irregularities ...
Sabita Sahoo Vs. Capt. Khirod Kumar Sahoo
Court: Orissa
Decided on: Mar-20-1990
Reported in: II(1990)DMC435
D.P. Mohapatra, J. 1. The short question that arises for determination in this case is whether in a proceeding under Section 125, Criminal Procedure Code the Magistrate has the power to permit the applicant to amend the application filed under the section seeking maintenance.2. In this petition filed under Sections 399, 401 and 482 of the Code of Criminal Procedure, the petitioner has prayed to quash the order passed by the S.D.J.M., Bhubaneswar on 23-10-1989 in Criminal Misc. Case No. 38 of 1988 rejecting her petition to amend the application under Section 125, Cr.P.C.3. The petitioner claiming to be the wife of the opp. party filed the application under Section 125, Cr.P.C. in the Court of the S.D.J.M., Bhubaneswar for maintenance from the opp. party which was registered as Criminal Misc. Case No. 37 of 1988. During pendency of the case she filed the petition purportedly under Order 6, Rule 17, C.P.C. praying to make certain amendment in the application filed under Section 125, Cr.P....
Kalicharan Rath Vs. Orissa Sangeet Natak Academy and anr.
Court: Orissa
Decided on: Mar-16-1990
Reported in: 70(1990)CLT92; (1991)ILLJ125Ori
L. Rath, J.1. The petitioner has approached this Court assailing his reversion to the office of opposite party No. 1 as an L.D. Assistant while he was holding the post of the Administrative Officer of the Orissa Chhou Dance Training Centre at Baripada and instead giving of appointment to one Kasinath Batik in his place. The petitioner has claimed the reliefs of his appointment to the post of the Administrative Officer and to treat him as continuing in the post with all other benefits that go with it.2. The facts briefly stated are that the Orissa Sangeet Natak Academy which is a Government sponsored organisation and is not disputed to be an instrumentality and agency of the State has a Chhou Dance Training Centre at Baripada. The post of the Administrative Officer of the Centre having fallen vacant, an advertisement was issued on 5th May 1979 inviting applications to fill up the post. In the advertisement the qualifications prescribed were (a) General educational qualification up to In...
United India Insurance Co. Ltd. and anr. Vs. Sankranti SwaIn and ors.
Court: Orissa
Decided on: Mar-16-1990
Reported in: 1991ACJ132
R.C. Patnaik, J.1. In a collision between a contract carriage passenger vehicle bearing registration No. WMH 4355 and a goods truck bearing registration No. ORS 6759 on the National Highway No. 5 at 3 p.m. on 18.5.1981 near Gangapada in between Khurda and Bhubaneswar, five occupants of the bus died and some others were injured. Four claim cases (Miscellaneous Case Nos. 144 to 147 of 1981) were filed by the legal representatives of the deceased passengers. The insurers of the vehicles and the owners contested the proceedings. On a consideration of the evidence, the Tribunal awarded in Misc. Case No. 144 of 1981 compensation of Rs. 65,000/-to the parents against their claim of Rs. 75,000/-for the death of their son; in Misc. Case No. 145 of 1981, a sum of Rs. 66,500/- was awarded against the claim of Rs. 1,20,000/- made by the parents for the death of a son and a daughter; in Misc. Case No. 146 of 1981, Rs. 85,000/- was awarded against Rs. 85,000/- claimed by the parents, widow and minor...
Bhagaban Panda and anr. Vs. Dullav Panda and ors.
Court: Orissa
Decided on: Mar-15-1990
Reported in: AIR1991Ori66
V. Gopalaswamy, J.1. The unsuccessful defendants 1 and 2 have preferred this appeal against the judgment and decree dated 31-7-1976 and 7-8-1976 respectively passed by the learned Subordinate Judge, Keonjhar, in Title Suit No. 17 of 1975 on his file, preliminarily decreeing the plaintiffs' suit for partition.2. The relationship between the parties is shown in the following genealogical table:Brajamohan Panda BallavDullav(P-I=R-1)Sanatan(P-2=R-2)Bhagaban (D-I-A-I) Ratnakar (D-2=A-2) From the table it is seen that the plaintiffNo. 1 Dullav (present respondent No. 1),plaintiff No. 2 Sanatan (present respondentNo. 2) and Ballav (the father of defendantNo. 1 Bhagaban -- appellant No. 1 andgrand-father of defendant No. 2 Ratnakar --appellant No. 2) are brothers.Defendant No. 3 (present respondent No. 3) purchased Ac.O.46 decimals of land from plaintiff No. 2 under the registered sale deed Ext. 4 dated 25-9-1974.3. The plaintiffs case, briefly stated Is as follows:The plaint 'Ka' and 'Kha' sc...
Biswanath Agrawala Vs. Sub-divisional Judicial Magistrate-cum-house Re ...
Court: Orissa
Decided on: Mar-15-1990
Reported in: AIR1991Ori208; 69(1990)CLT749
G.B. Patnaik, J.1. The order of the Controller dated 1-6-1989 allowing an application for amendment filed by the landlord to include the prayer for fixation of fair rent is being challenged in this writ application.2. The petitioner is the tenant in respect of the house in question and the landlord (opposite party No. 2) filed the application for eviction on the ground of wilful default and bona fide requirement in 1987 which was registered as H.R.C. Case No. 32 of 1987. The House Rent Control Act ceased to have any effect with effect from 3-5-1988. The landlord filed an application for amendment on 10-4-1989. The amendment sought for was to insert the prayer for fixation of fair rent. The tenant filed an objection on the ground that an application for fixation of fair rent within the ambit of Section 5 of the Orissa House Rent Control Act is an independent cause of action and the Act itself having expired, the said application for amendment cannot be allowed. The Controller, however, ...
Laxmidhar Sahu Vs. Smt. Padmini Tripathy and ors.
Court: Orissa
Decided on: Mar-14-1990
Reported in: AIR1991Ori9
ORDERS.C. Mohapatra, J.1. Decree-holder is the petitioner in this Civil Revision under Section 115, Civil P.C.2. Judgment-debtors are the widow and two minor sons of deceased Harisadan Tripathy who made a contract with the decree-holder to sale a piece of property for consideration of Rs. 37,000/- and received advance of Rs. 20,300/- as part consideration. Before execution of the sale deed, Harisadan expired. Therefore, decree-holder had to file suit against the widow and the two minor sons of Harisadan for specific performance of contract or in the alternative for refund of the consideration amount with interest. Suit was decreed for refund of consideration of Rs. 20,300/- received with interest at 6% per annum from the date of contract till repayment. In decree, it was directed that in case, the amount is not paid within two months, decree-holder can realise the amount by executing the same.3. Decretal amount not having been paid, decree-holder levied execution and prayed for realisa...
indrajeet Roy Vs. Bank of Baroda
Court: Orissa
Decided on: Mar-14-1990
Reported in: AIR1991Ori45
ORDERS.C. Mohapatra, J.1. This revision has been filed by the defendant against an order of the trial Court refusing his prayer to be examined on commission.2. Defendant who was an advocate had been appointed to Government Service as the Judicial Member, State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. He made the application to be examined on commission on the ground that his attending Court to be examined as witness will be detrimental to the public service he renders as Judicial Member of the Administrative Tribunal.3. Plaintiff-Bank raised objection to such prayer asserting-(i) a member of Administrative Tribunal is not exempted from appearing in Court; (ii) Defendant stands in the position of a plaintiff having filed counter claim and is required to be examined in Court; (iii) Absence of judicial member would not have any effect on working of the Tribunal for the days of his absence and as such there would be no detriment to public service; a...
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