Orissa Court August 1991 Judgments
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Utkal Refractories and anr. Vs. Orissa State Financial Corporation
Court: Orissa
Decided on: Aug-19-1991
Reported in: 1992(II)OLR480
A. Pasayat, J.1. Since a dispute was raised about maintainability of the appeal without deposit of the amount disputed in appeal or furnishing of security in respect thereof subject to direction of the Court, and it is of seminal importance, the matter was heard at length.2. The appeal is directed against an order passed by the learned District Judge, Sundargarh on an application filed by the Orissa State Financial Corporation (hereinafter referred to as 'the Corporation' Under Section 31 of the State Financial Corporations Act, 1951 (Act 63 of 1951) (hsreinafter referred to as 'the Act')- The appeal has been filed Under Section 32(9) of the Act.3. According to Mr. M. M. Sahu, learned counsel appearing for the Corporation, the appeal was against a decree for payment of money and therefore, in terms of Order 41, Rule 1, Sub-rule (3) of the Code of Civil Procedure, 1908 (in shourt the Code') deposit of the amount in dispute or furnishing of security thereagainst as directed by the Court ...
State of Orissa Vs. Jagannath Patel and anr.
Court: Orissa
Decided on: Aug-19-1991
Reported in: 1992CriLJ1818
ORDERA. Pasayat, J.1. The State has sought for cancellation of bail granted to the opposite parties by the learned Additional Sessions Judge, Bargarh in a case involving allegations of offences under Section 306/498-A of the Indian Penal Code, 1860 (in short 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (in short 'the Act').2. The background facts are as follows :One Harihar Naik lodged first information report alleging that his daughter Satia was married to opposite party No. 1 and because of consistent demand of dowry, both he and his daughter were perplexed and the matter came to an impasse when on 8-12-1990 he was humiliated by the opposite parties for nonpayment of the part of gold he had agreed to pay at the time of marriage. On 9-12-1990 in the night Satia took poison and though some attempts were made by opposite parties to get her treated by a doctor, and though hospitalisation was made in Burla Medical College Hospital, she died at about 9 a.m. on 10-12-1990.3. Seve...
Reddy Nageswar Rao Vs. Union of India (Uoi)
Court: Orissa
Decided on: Aug-19-1991
Reported in: 1992(II)OLR180
A. Pasayat, J.1. Petitioner calls in question the propriety of the conditions imposed by the learned Sessions Judge, Cuttack, in the matter of grant of bail. According to him, the conditions are so stringent and unreasonable that they virtually amount to refusal of bail. The learned counsel for the Union of India, however, submits that considering the nature of offences involved such stringent conditions were warranted and were rightly imposed.2. Main plank of the petitioner's argument is that the learned Sessions Judge has prima facie found that the allegations against the petitioner are not tenable in the eye of law. In this connection it has been submitted by the learned Standing Counsel that the observations made by the learned Sessions Judge are uncalled for and are contrary to the materials on record.3. The conditions imposed by the learned Sessions Judge are as follows :(i) cash security of Rs. 1 lakh ;(ii) property security of Rs. 1 lakh with two sureties to the satisfaction of...
Brundaban Jena and anr. Vs. State
Court: Orissa
Decided on: Aug-18-1991
Reported in: 1991(II)OLR423
A. Pasayat, J.1. Appellants assail correctness of order passed by learned Addl. Sessions Judge, Second Court, Cuttack, directing appellants' imprisonment in civil jail for a period of two months. He also directed the Collector, Cuttack to take steps under the Orissa Public Demands Recovery Act (in short the 'Act') for realisation of penalty of Rs. 25,000/- each from out of the immovable properties of the present appellants, Learned Additional Sessions Judge purportedly acted in exercise of powers Under Section 446 (2) of the Criminal Procedure Code, 1973 (in short the 'Code')-Proviso to Sub-section (2) of Section 446 of the Code is relevant for the purpose of adjudication of this case. It provides that where penalty imposed is not paid and cannot be recovered in the manner prescribed in Sub-section (2) of Section 446, the person bounded as surely shall be liable by order of Court ordering recovery of penalty, to imprisonment in civil jail which may extend upto six months. A conspectus ...
Dr. Debasis Khadanga Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-16-1991
Reported in: 1991(II)OLR535
A. Pasayat, J.1. Petitioner was an applicant for admission to the Post Graduate Courses in the three Medical Colleges of the State for the session 1991-92. He appeared at the Entrance Test for the purpose and claims to have secured more than the prescribed marks. Clause 10 1.1. provides that candidates not belonging to Scheduled Caste/Scheduled Tribe shall not be selected, and securing less than 50% .marks (600 out of 1200) at the Entrance Examination are not to be selected even if seats fall vacant. It is asserted that out of 85 seats meant for inservice Doctors in the three Medical Colleges, only 22 were filled up, because the rest applicants did not secure the requtsrte 50% marks stipulated in the prospectus Petitioner's prayer primarily is to release the balance 63 seats for being filled up by the candidates belonging to the general category. According to him, seats should be filled up by those who have secured more than 50% marks, but have not been able to get the seats in the gen...
Commissioner of Income-tax Vs. Electro Steel Castings Ltd.
Court: Orissa
Decided on: Aug-12-1991
Reported in: (1992)99CTR(Ori)184; [1992]193ITR103(Orissa)
S. C. MOHAPATRA J. - This a reference at the instance of the Revenue under section 256(1) of the Income-tax Act, 1961. The following two questions have been referred to this court for our answer :'1. Whether the Tribunal was correct in upholding the deletion of Rs. 88,911 made by the Commissioner of Income-tax (Appeals) which was added under section 40A(5) of the Income-tax Act by the assessing authority ?2. Whether the perquisites under section 40A(5) are to be calculated by applying rule 3 of the Income-tax Rules ?'Correctness of an assessment of a limited company relating to profits and gains of business for the year 1980-81 under the Act is the subject-matter of consideration where permissible deduction towards perquisites provided by the assessee to its employees is to be determined.The assessee filed the return including the perquisites provided to its employees in respect of motor vehicles provided and, for that purpose, computed the same under rule 3 of the Income-tax Rules, 19...
Madhab Chandra Mishra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-09-1991
Reported in: 1993(II)OLR277
B.L. Hansaria, C.J.1. Concurrence was accorded by the Government for opening of an Intermediate non-Government College at Champua with effect from the academic session 1977-78 on certain conditions mentioned in Annexure-1. One of the conditions was that the management will not seek any help from the Government towards pay- ment of salaries and D.A. to the teaching and non-teaching staff and shall manage the institution for a period of five years, whereafter the staff of the college shall become eligible to get full pay and D. A. from the Government according to law. This promise held out in Annexure-1 has not been complied with. One of the reasons for not doing so finds place in Annexure-4, according to which a new formula was evolved relating to direct payment of full salary cost. A perusal of that anne- xure, however, shows that formula was to apply to such colleges as received the Government concurrence with effect from the academic session 1979-80. The college at hand having receiv...
Pawan Kumar Agarwal Vs. District Magistrate
Court: Orissa
Decided on: Aug-09-1991
Reported in: 1992CriLJ1732; 1992(I)OLR58
G.B. Pattnaik, J.1. An order of detention passed by the District Magistrate, Cuttack, under Sub-section (2)(a) of Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the 'Act') has been challenged in this writ application before the said order has been executed and before the detenu has been taken to custody. The brother of the detenu is the petitioner. The main grounds on which the order has been assailed are that the order of detention has been passed against a wrong person for a wrong purpose for victimising an employee for the lapse of the employer and has been passed on vague, extraneous and irrelevant grounds. Since the writ application has been filed prior to the execution of the order of detention and consequently has not got a copy of the order of detention or the grounds of detention, this Court by order dated 8-7-1991 had called upon the State Counsel to produce the order of detention as wel...
Sisir Kanta Satapathy Vs. Registrar (Administration), High Court of Or ...
Court: Orissa
Decided on: Aug-08-1991
Reported in: 1991(II)OLR316
B.L. Hansaria, C.J.1. The 'important point to decide in this writ petitton is whether a High Court can compulsorily retire a Chief Judicial Magistrate. This question has come to the fore because the petitioner has challenged the competence of the Orissa High Court in having prematurely retired him while serving as Chief Judicial Magistrate, Mayurbhanj on his attaining the age of 50 years in exercise of powers conferred by the first proviso to Sub-rule (a) of Rule 71 of the Orissa Service Code and Art. 235 of the Constitution. The other ground of attacking the impugned order dated 5-2-1987 as at Annexure-7 is the lack of materials to retire the petitioner.2. There is no dispute before us that the power of premature retirement as conferred by the first proviso to Rule 71(a) of the Orissa Service Code can be exercised by the appointing authority. This stand has been taken also because of the latest decision of the Apex Court in Registrar, High Court of Madras v. R.Rajiah, AIR 1988 SC 1388...
Pratap Chandra Mohanty Vs. General Manager, United News of India and a ...
Court: Orissa
Decided on: Aug-08-1991
Reported in: 1991(II)OLR326
B.L. Hansaria, C.J.1. The significant question to be decided in this writ petition is whether the provisions of Industrial Disputes Act, 1947 have application to newspaper employees other than working journalists. This question has arisen on these facts. The petitioner was initially appointed as a stringer at Puri by opp. party No. 1, General Manager, United News of India, on a consolidated honorarium of Rs, 40/-per month. This was in. 1973. After completion of the probationary period, he was confirmed in service. Thereafter his name was included in the mailing list as District Correspondent. Having been treated as a Correspondent/his ''honorarium was raised to Rs. 75/- per month. He continued to discharge this function. ln the meantime, Palekar Tribunal was constituted under the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as the. 'Working Journalists Act') to fix wages in respect of working journalists. The Tribunal gave ...
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