Orissa Court May 1991 Judgments
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Hadibandhu Sahoo and ors. Vs. Addl. District Magistrate, Ganjam and or ...
Court: Orissa
Decided on: May-07-1991
Reported in: AIR1991Ori284; 1991(II)OLR47
G.B. Patnaik, J.1. The short question that arises for consideration in this writ application is whether the vendor in a saledeed is entitled to be noticed by the Collector when the said Collector receives a reference under Sub-section (1) of Section 47A of the Indian Stamp Act (hereinafter referred to as the 'Act') and proceeds with an enquiry to determine the value or consideration and the duty payable by the person liable to pay the duty.2. The petitioners sold Ac. 0. 024 decimals of land under a registered sale deed dated 16-5-1923 for a consideration of Rs. 3,000/- to opposite party No. 3. The Sub-Registrar after registering the instrument and having reasons to believe that the value of the property has not been truly set forth in the instrument made a reference to the Collector for determination of the value and the proper duty payable thereon in exercise of his power under Section 47-A of the Act. On receipt of such reference, the Collector issued notice to the vendee to have an ...
Mirarani Pati and ors. Vs. Gorg Enterprises and anr.
Court: Orissa
Decided on: May-07-1991
Reported in: 1992ACJ237; AIR1991Ori288
A. Pasayat, J.1. The dependents of Pabitra Mohan Pati, who lost his life in an accident on 31-6-1985 have moved this Court for interference with the quantum of compensation awarded by the Second Motor Accidents Claims Tribunal, Cuttack (in short 'the Tribunal').2. The case of the claimants is that on the fateful day, while the deceased was going towards Bhubaneswar in a motor-cycle, the offending car bearing registration No. BPA 7400, which was driven in a rash and negligent manner, dashed against his motor-cycle as a result of which he fell down and was run over by the offending car. Death was stated to be instantaneous. It was pleaded that in addition to a monthly salary of Rs. 1600/- which the deceased was getting as Manager of Lily Textiles and dyeing Industries, he had additional income by effecting order supplies, and his monthly contribution to his family was Rs. 2,000/- per month. Both the owner of the offending vehicle, and the Oriental Insurance Company Limited (hereinafter r...
Sri Chandramani Nayak and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-07-1991
Reported in: 1992CriLJ2188; 1991(II)OLR111
L. Rath, J.1. An order passed by the Execute Magistrate initiating a proceeding Under Section 107, Cr.P.C. against the petitioners and thereafter by a subsequent order directing them to execute, interim bond of Rs. 500/- each with one local surety for the like amount to keep, peace for a period of one year or till the conclusion of the enquiry whichever is later are impugned in this revision, The brief facts are that on 11-7-1989 the Magistrate passed orders on perusal of the report received from the Officer -in-charge to initiate a proceeding Under Section 107, Cr.P.C. The order revealed his satisfaction to have been reached only upon the police report of the petitioners having formed a strong combination against the opp. party Nos. 2 to 10 with the common object of putting them into troubles and loss and to have been committing overt acts resulting in serious apprehension of breac of peace. On 22-8-1989 the representative of the delinquents was present. Some documents have been filed...
Dr. P.P. Wilson Vs. K. Sundaramma and anr.
Court: Orissa
Decided on: May-06-1991
Reported in: II(1991)DMC530
D.P. Mohapatra, J.1. The short question that arises for determination in this case is whether the learned Subdivisional Judl. Magistrate, Bhubaneswar ('S.D.J.M.' for short) was justified in refusing the petitioner's prayer for stay of operation of the order passed Under Section 125, Criminal Procedure Code (Cr. P.C.) directing him to pay each of the opposite parties Rs. 200/- per month towards maintenance.2. On the application filed by opposite party No. 1 K. Sundaramma Under Section 125, Cr.P.C claiming maintenance from the petitioner for herself and for her minor daughter, opposite party No. 2, K. Jessica Misc. Case No. 11 of 1986 was registered in the Court of the S.D.J.M.. It was alleged in the petition, inter alia, that the marriage of opposite party No. 1 with the petitioner took place according to Christian custom at Saint Vincent Church, Little Aden. Arabia in the year 1962 and since then they were living as husband and wife; that out of the said wed-lock, the opposite party No...
Oriental Insurance Co. Ltd. Vs. Guru Charan Saren and anr.
Court: Orissa
Decided on: May-03-1991
Reported in: 1992ACJ693; AIR1991Ori294
S.C. Mohapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 in respect of an application under Section 110-A of Motor Vehicles Act, 1939 by the insurer. Cross-objection for enhancement of compensation has been filed by the claimant.2. On 10-12-1987 while claimant, a coolie was going in the truck bearing registration No. ORJ 6095 in course of and arising out of his employment, the truck met with an accident in which claimant sustained injuries. Effect of the injuries is that claimant is not able to walk without assistance of a stick. On account of the injuries claimant has filed application for compensation against owner and the insurer.3. Tribunal on assessment of evidence has awarded compensation of Rs. 44,400/- towards future loss of income, Rs. 5,000/-towards medical expenses, Rs. 1,000/- for assistance taken during the period of injury and Rs. 25,000/- towards mental shock, pain and suffering and made the insurer liable topay the compensation.4. Mr. S. ...
Rabindranath Jena Vs. State
Court: Orissa
Decided on: May-03-1991
Reported in: 1991(II)OLR21
S.C. Mohapatra, J.1. Accused is the petitioner in this Criminal Revision against his conviction and sentence affirmed in appeal.2. Petitioner, a Government servent is a driver of a truck belonging to the State Government under the Superintending Engineer (P. W. D ) SambaJpur. On 2-7-1980, PW 13 who was the Superintending Engineer was coming from Sambalpur to Bhubaneswar in official work in his own car ORP9160, engaged the accused to drive the car.3. Prosecution case is that while petitioner was coming from Sambalpur side driving the car in high speed with PW 13 as the occupant on National High Way 'No 42 at about 5 p m. at village Bimalabeda within Jarpada Police-station, the car dashed against PW 2 a girl aged about five to six years at that time as a result of which PW 2 sustained simple injuries. Injuries were treated by the doctor (PW 10) at Angul I ospital. After causing accident, the car was driven away by accused which was detained at Dhenkanal by Sadar Police-station on basis o...
Rabindra Nath Jena Vs. State
Court: Orissa
Decided on: May-03-1991
Reported in: II(1991)ACC399
S.C. Mohapatra, J.Accused is the petitioner in this Criminal Revision against his conviction and sentence affirmed in appeal.1. Petitioner, a Government servant is a driver of a truck belonging to the State Government under the Superintending Engineer (P.W.D.) Sambalpur. On 2.7.1980, PW 13 who was the Superintending Engineer was coming from Sambalpur to Bhubaneswar in official work in his own car ORP 9360, engaged the accused to drive the car.Prosecution case is that while petitioner was coming from Sambalpur side driving the car in high speed with PW 13 as the occupant on National High Way No. 42 at about 5 p.m. at village Bimalabeda within Jarpada Police-station, the car dashed against PW 2 a girl aged about five to six years at that time as a result of which PW 2 sustained simple injuries. Injuries were treated by the doctor (PW 10) at Angul Hospital. After causing accident, the car was driven away by accused which was detained at Dhenkanal by Sadar Police-Station on basis of wirele...
Radhanath Co-operative Press Ltd. Vs. Regional Provident Fund Commissi ...
Court: Orissa
Decided on: May-02-1991
Reported in: (1998)IIILLJ1160Ori
B.l. Hansaria, C. J.1. The challenge in this application under Articles 226 and 227 of the Constitution is to the order of the Regional Provident Fund Commissioner, Orissa (hereinafter referred to as 'the Commissioner') dated February 15, 1985 as at Annexure 3 by which he has asked the petitioner to deposit a sum of Rs. 12.590.55 towards damages for having defaulted in payment of contribution to the employees' provident fund and related accounts. The impugned order has been passed in exercise of powers conferred by Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act').2. Before adverting to the submissions advanced by Shri Das in assailing the quantum of damages as fixed by the Commissioner, we may, in short, note the facts. The petitioner is a cooperative society consisting of the workers as the members. The main object of the society, inter alia, is promotion of economic interests of its members and is aimed at co-operation, thrif...
Muralidhar Baral and ors. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: May-02-1991
Reported in: 1991(II)OLR374
A.K. Padhi, J.1. Praying for transfer of G. R. Case No. 474 (R) 1989 pending before the Judicial Magistrate First Class, Rural, Cuttack to the Court of Smt. B. Devi, Assistant Sessions Judge, Cuttack before whom Sessions Trial No. 5 of 1991 is pending, this application has been filed invoking the inherent jurisdiction of the High Court Under Section 482 read with Section 407 Cr. P. C.2. The petitioners are accused persons in Sessions Trial No, 5 of 1991 which relates to an occurrence dated 11-4-1989 at 7:00 p. m. Charge has been framed under Secs. 147, 148, 149, 307, 323, 324 and 325, IPC. It is contended by the petitioners that an F. I. R. was lodged by one of the accused persons relating to the same occurrence though the time of occurrence has been stated to be at about 6.30 p. m. giving rise to G. R. Case No. 474 (R) of 1989. After completion of investigation, charge sheet has been submitted against opp. parties 2 to 9 for commission of offence under Secs, 147, 148, 149, 324 and 294...
indramani Jene Vs. Smt. Minjilata Jena and anr.
Court: Orissa
Decided on: May-02-1991
Reported in: 1992CriLJ2007; 1992(I)OLR272
L. Rath, J.1. This revision is directed against an order passed by the learned S.D.J.M., Bhadrak refusing to set aside an ex parte order of maintenance passed against the petitioner. The facts in brief are that the opposite parties, respectively the another and daughter, filed Misc. Case No. 182/33 on 21-12-1988 claiming maintenance of Rs. 300/- per month from the petitioner. Earlier, a Misc. Case filed by the opp. party No. 1 in the same Court numbered as Misc. Case No. 18/86 for maintenance had been dismissed for default on 5-4-1988. On 21-12-1988 notice was directed to be issued in M.C.No. 182/88 fixing 30-1-1989 for appearance. The notice having been returned back unserved, order was passed on 30-1-1989 for reissue of the same fixing 7-2-1989 for service return. On 7-2-1989, the learned S.D.J.M. recorded the following order :'Order No. 3 dated 7-2-1989 : Adv. for petitioner files hazira. S. R. back being served by (sic) affixture on refusal. Petitioner proves service. Service on O....
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