Orissa Court May 1990 Judgments
Commissioner of Income-tax Vs. Kalinga Tubes
Court: Orissa
Decided on: May-18-1990
Reported in: [1991]187ITR394(Orissa)
R.C. Patnaik, J.1. This is an application under Section 256 of the Income-tax Act, 1961, to call upon the. Appellate Tribunal to state a case on the following question of law and refer the same to this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the claim in payment of guarantee commission in the sum of Rs. 45,000 to Kalinga Foundation Trust, which is not considered to be a genuine trust ?'2. The aforesaid amount was shown in the books of account of the assessee-opposite party as receipt, from (sic ) Kalinga Foundation Trust. The same was disallowed by the Income-tax Officer on the ground that the trust had no independent and separate identity of its own and treated the amount as an income of the assessee from undisclosed sources. The appeal carried by the assessee was allowed and in further appeal by the Revenue, the Tribunal, following the decision in CIT v. Biju Patnaik [1974] ILR (Cuttack) 374, that Kalinga Foundation T...
Tag this Judgment!Satyabadi Nayak Vs. Damei Khilla and ors. and Hontal Damuni and ors.
Court: Orissa
Decided on: May-18-1990
Reported in: I(1991)ACC35; 1991ACJ211; 70(1990)CLT493; (1999)IIILLJ367Ori
A. Pasayat, J. 1. These two appeals arise out of a common order passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Jeypore, Koraput (in short 'the Commissioner') disposing of four claim applications. 2. The case of the applicants in all the four cases was identical in respect of cause of accident, and amount of claim, under the Workmen's Compensation Act, 1923 (for short 'the Act'). It was stated that their respective husbands were working under one Sri Satyabadi Naik, the present appellant (hereinafter referred to as 'the contractor') in the construction work at Jersey Breeding Firm, Sunabeda and were engaged in the work when they suffered personal injuries on account of falling of a big portion of the roof, leading to their death. The Assistant Engineer, Central Public Works Department, Sunabeda (for short 'C.P.W.D.') and Executive Engineer, C. P. W. D., Bhubaneswar were also impleaded as the work was entrusted by the C. P. W. D. to the contractor to...
Tag this Judgment!Jairam Samantray Vs. Baikuntha Samantaray and ors.
Court: Orissa
Decided on: May-18-1990
Reported in: 70(1990)CLT439; 1991(I)OLR29
R.C. Patnaik, J.1. This is an application under Arts. 226 and 227 of the Constitution of India for the quashing of the decision rendered by the Commissioner of Consolidation, by way of judicial review.2. The petitioner is the son of original opposite party No. 5, brother of opposite parties 1 and 2 and the paternal uncle of opposit parties 3 and 4. During consolidation operation in village Arakhakud, a question arose as to who should be recorded in respect of the property left behind by Madan, the father of the petitioner and opposite party Nos. 1 and 2 and husband of opposite party No. S. As the name of the petitioner was omitted from the preliminary record, claim was made by him seeking, inclusion of his name as a joint owner with his brothers and nephews; Opposite parties 1 to 4 resisted the claim pleading adoption of the petitioner by Budha, brother of Madan. The Consolidation Officer (O P. No. 6) nagatived the claim of the petitioner sustaining the plea of adoption urged by opposi...
Tag this Judgment!Antaryami Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-17-1990
Reported in: 70(1990)CLT642; (1992)IILLJ37Ori
B.L. Hansaria, C.J.1. These two writ petitions require answer of two important questions. These are:- (1) Whether the Managing Committee of a 'private educational institution' is amenable to writ jurisdiction of this Court, and (2) Whether an order of reinstatement can be passed even if it is found that the service of a teacher of such an institution has been illegally terminated.2. To answer the aforesaid two questions, let the broad facts of the two cases be noted.In so far as the petitioner in O.J.C. No. 357/83 is concerned, he was appointed against a trained graduate post in Panchayat High School some time in August 1981. This school is admittedly a 'recognised educational institution' as defined under Section 3(k) of the Orissa Education Act, 1969, hereinafter called, 'the Act'. In January, 1983, however, the petitioner received a letter from the Secretary of the Managing Committee stating that he had been relieved of his duties on the ground of negligence in duty and misconduct. ...
Tag this Judgment!Jogender Singh and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-17-1990
Reported in: 70(1990)CLT613; 1992CriLJ1302
G.S. Patnaik, J.1. In all these writ applications common questions of law having been raised, they were heard together and are being disposed of by this common judgment. The petitioner in each of these writ applications assails the legality of the notice issued by the forest authority for initiating a confiscation proceeding under the provisions of the Orissa Forest Act and has prayed to quash the said confiscation proceeding as well as to declare Sections 56, 57, 59 and 64 of the Orissa Forest Act, 1972 (hereinafter referred to as the 'Act'), as amended by Amendment Act of 1982, as ultra vires. In each of the writ applications, as the vehicle of the petitioner was found to be involved in commission of a forest offence, the same was seized and thereafter the Divisional Forest Officer issued notice to the petitioner to show cause as to why the vehicle involved in the commission of forest offence shall not be confiscated. The petitioner thereafter has approached this Court for the relief...
Tag this Judgment!P. Adinarayan Reddy Vs. Presiding Officer, Industrial Tribunal and ors ...
Court: Orissa
Decided on: May-16-1990
Reported in: (1993)IIILLJ288Ori
L. Rath, J.1. The sole question arising for consideration in this case is regarding the scope of Section 36(1) of the Industrial Disputes Act, 1947 (referred to hereinafter as the Act') as regards the right of a workman to be represented by person not covered by the different clauses of the Section. The facts in brief are that the petitioner was a conductor under the Orissa Road Transport Company, Berhampur. It is his case that his services were terminated by the Traffic Manager by an oral order on account of allegations against him of having carried passengers beyond the capacity of the bus. An industrial dispute having been raised, it was referred to the Industrial Tribunal for adjudication where the case was registered made an application to be represented by an Assistant Engineer, one U.C. Pandhi of Berhampur, he being illiterate and unable to conduct his case and having executed a power of attorney in favour of Shri Padhi. The petitioner pleaded that his cause was not espoused by ...
Tag this Judgment!Sukuri Dibya and ors. Vs. Hemalata Panda and ors.
Court: Orissa
Decided on: May-16-1990
Reported in: 1999(I)OLR46
P.C. Misra, J.1. Appellants in this appeal were plaintiffs in a suit (O.S. No. 126/75-1) in the Court of Munsif, Bhadrak. The suit was dismissed on merits by judgment dated 12.12.1977 passed by the learned trial Court against which they preferred Title Appeal No. 2/78 in the Court of Subordinate Judge, Bhadrak. The said appeal was posted to 3.4.1980 for hearing on which day the Advocate appearing for the appellants filed an application praying for an adjournment on the ground of illness of their Advocate of Cuttack, who had been engaged to argue the appeal. The appeal was adjourned to 7.5.1980 on which day the appellants also applied for adjournment on the very same stand. The court reluctantly allowed adjournment on payment of cost of Rs. 100/- and the appeal was posted to 9.5.1980 for hearing. On that day also adjournment was applied on the ground of continuous illness of Advocate of Cuttack. The learned lower Appellate Court did not allow any further adjournment and dismissed the ap...
Tag this Judgment!Niranjan Khatua Vs. State of Orissa
Court: Orissa
Decided on: May-16-1990
Reported in: 1990CriLJ2790
V. Gopalaswamy, J.1. This appeal is preferred by the accused appellant against the judgment dated 15-1-1983 passed by the Special Judge, Vigilance, Sambalpur, convicting him under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to undergo rigorous imprisonment for a period of one month and to pay a fine of Rs. 500/ -, in defaut to undergo rigorous imprisonment for a further period of two months and further convicting him under Section 161, I.P.C. without imposing any separate sentence thereunder.2. The prosecution case may be briefly stated as follows:The appellant was serving as a Lower Division Clerk in the office of the Employment Exchange, Dhenkanal, during the relevant period. The complainant (P.W. 4) got himself registered in the Employment Exchange. In January, 1979 some posts of labourers fell vacant in the Spinning Mill at Talbarkoti and the date of interview for filling up those posts was fixed on 30th April, 1979...
Tag this Judgment!Mohammad Yusuf Jamil Vs. S.K. Ishad Ahmad and anr.
Court: Orissa
Decided on: May-16-1990
Reported in: I(1991)ACC510
R.C. Patnaik, J.1. This is an appeal by an injured who has been awarded a sum of Rs. 7500/- for the injuries sustained by him in a motor accident, from a decision of the second Motor Accident Claims Tribunal, Sambalpur, in Misc. Case No. 38 of 1986 (S).2. On 1985, the appellant was proceeding in a jeep bearing registration number O.S.S. 2172, hired by his employer Sarfaraz Hussain, a leather merchant, to Bargarh. The vehicle was being driven rashly at a high speed. Suddenly being confronted by a tractor coming from the opposite direction, he lost his balance and failed to control the vehicle which turned turtled and fell into a wayside ditch 18 feet below the road. He sustained injuries on his right hand, right leg and head. He was removed to the V.S.S. Medical College and Hospital where he was admitted as an indoor patient. Three of his metacarpal bones of the right palm were fractured. He underwent treatment, as ill luck would have it, there was mal union. There was stiffness in the ...
Tag this Judgment!State of Orissa Vs. Rajkishore Rout and ors.
Court: Orissa
Decided on: May-15-1990
Reported in: 1991(I)OLR289
L. Rath and A.K. Padhi, JJ.1. The respondents who stood trial Under Sections 147, 148, 302, 323, 302/34, 302/149 and 323/149, I. P. C. having been acquitted of the charges, this appeal has been preferred by the State. The prosecution case against the respondents was that on 22-9-1984 at about 9 a. m. white the deceased, one Kulamani Paital, was going on the village road he was physically lifted by the respondents 1i, 3, 4 and 6 and taken to the front of the house of the respondent Promod where he was assaulted with various weapons such as Thengas, Tentas, spade and crowbar etc. causing injuries all over his body. The respondent No. 1 Rajkishore poured something on the face of the deceased which resulted in burning injuries. The occurrence was witnessed by P. W. 2, his son who had come to the village. He ran back to inform P. W 1, the brother of the deceased and P. W. 5, the mother of the deceased who came to the spot along with P. W. 2, and the wife of the deceased Jhali Dei as also hi...
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