Orissa Court January 1992 Judgments
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Basanta Kumar Naik and Atal Bal @ Bhola Vs. District Magistrate and an ...
Court: Orissa
Decided on: Jan-15-1992
Reported in: 1992(I)OLR254
A. Pasayat, J.1. These two writ applications have been filed by the detenus Basanta Kumar Naik and Atal Bal @ Bhola under Article 226 of the Constitution of India, 1950, seeking issuance of writs of habeas corpus quashing the orders of detention dated 28-10-1991 passed by the District Magistrate, Cuttack, in exercise of powers conferred by Sub-section (2) of Section 3 of the National Security Act. 1980 (hereinafter referred to as 'the Act') 2. The orders of detention were passed with a view to prevent the detenus from acting in any manner prejudicial to the maintenance of public order and directing them to be interned in the Circle Jail, Choudwar in pursuance of the said minimus. The orders of detention in English and Oriya languages have been annexed as Annexures 1 and 1 (a) to each of the writ applications. Since the grounds of challenge and rebuttal are common and the grounds of detention were almost identically worded, both the writ applications are being disposed of by this common...
Ramesh Chandra Agrawal Vs. Smt. V. Sugyana Kumari Deo and ors.
Court: Orissa
Decided on: Jan-09-1992
Reported in: 1992(II)OLR150
B.L. Hansaria, C.J.1. The petitioner is a tenant. Opp. party No. 1 instituted a proceeding under Sees. 5 and 7 of the Orissa House Rent Control Act, 1967, seeking eviction of the petitioner from the premises in question on the ground that he was a wilful defaulter. The wilful default alleged related to the month of October, 1987 only. The case of the petitioner was that he had paid rent for that month also. The two Courts below have, however, held that rent for October, 1987 had not been paid. This being a finding of fact for which due reasons had been assigned, it is not open to us in this proceeding to disturb the same. We would, therefore, confine our attention to the question whether the default in paying rent for the month of October, 1987 can be regarded in the eye of law as wilful default to permit the landlady to get an order of eviction on this ground. 2. Shri Murty appearing for the landlady opp. party No. 1, contends that the finding not only about the petitioner being a def...
Satyanarayan Mohapatra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-09-1992
Reported in: 1992CriLJ2904
ORDERK.C. Jagadeb Roy, J.1. The petitioners are the accused persons who are proceeded under Section 452/34 of the Indian Penal Code in the G.R. Case No. 21/85 pending in the court of the Judicial Magistrate, 1st Class, Banpur. Charges were framed against petitioner No. 15 under Sections 4 (viii), 7(d) of the PCR Act by order of the trial court dated 25-1-1988. In the present revision application, the petitioners pray that this order of framing charges against the accused persons be set aside. At the time of argument, the learned counsel appearing for the petitioners confines his argument to petitioners Nos. 1, 2, 12 and 15 and does not press the application for the rest. This Criminal Revision has been filed under Section 401 of the Code of Criminal Procedure. The investigation was initiated at the instance of one Suryanarayan Sethi of village Pumuraput Sasan. He lodged the FIR on 29-9-1985. Pursuant to the investigation, charge-sheet was filed on 5-5-1986 against the present petitione...
United India Insurance Co. Ltd. Vs. Ullash Chandra Jena and anr.
Court: Orissa
Decided on: Jan-07-1992
Reported in: I(1993)ACC473; 1992ACJ1041; AIR1992Ori193
S.C. Mohapatra, J.1. This is an appeal by the insurer under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) read with Section 173 of Motor Vehicles Act, 1988.2. On 10-11-1986 in the morning at about 6.45 A.M. while claimant was moving in his cycle from Khapuria (Government Press side) towards the bus-stand side at Badmabari, ORP 82 a truck came from behind and dashed against him as a result of which he sustained injuries. On 10-2-87, he filed application u/ Section 110-A of the Act claiming compensation of Rs. 1,50,000/-claim petition was amended on 2-7-1988 reducing it to Rs. 1,45,000/- on which day the claim was agreed to be settled at Rs. 1,45,000/- on compromise in the ensuing Lok Adalat as a reconciliation attempt. Three days after on 6-7-88 insurer filed an application to avoid the agreement. Prayer was allowed and case was posted for hearing. During continuance of hearing, claimant filed an application on 10-8-90 for amendment of claim amount e...
Prince International Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-07-1992
Reported in: AIR1992Ori208; 73(1992)CLT652; 1992(II)OLR285
Hansaria, C.J.1. The petitionerentered into a contract with the Governor of Orissa on 4-12-1989 for supply of approximately 155 M.T. of iron fortified salt per month to be delivered at the district godowns of Koraput, Sundargarh and Phulbani. The period of the contract was 3 years to be counted from the date of execution of the agreement. What has led him to approach this Court is the direction contained in Annexure 7 dated 28-5-1991 issued by the Government to the District Social Welfare Officers of the concerned districts not to place any more requisition for iron fortified salt with the petitioner nor to accept delivery of any stock from 15-6-1991. The assertion of the petitioner is that this direction is against the mandate of the Constitution, and the principle of promissory estoppel would also not allow the Government to issue such a direction. It is, therefore, prayed to quash the same.2. As the petitioner is seeking to enforce its contractual right through a writ of this Court,...
Commissioner of Income-tax and anr. Vs. Income-tax Appellate Tribunal ...
Court: Orissa
Decided on: Jan-07-1992
Reported in: 73(1992)CLT413; [1992]196ITR838(Orissa)
A. Pasayat, J. 1. The Commissioner of Income-tax, Orissa, and the Income-tax Officer, Ward A, Sambalpur, call in question the legality of the order passed by the Income-tax Appellate Tribunal, Cuttack Bench (hereinafter referred to as ' the Tribunal'), in purported exercise of its powers under Section 254(2) of the Income-tax Act, 1961 (in short 'the Act').2. The background facts are as follows :One, Shri H. K. Phool (opposite party No. 3) (hereinafter referred to as ' the assessee ') filed his return of income before petitioner No. 2 for the assessment year 1978-79. From the statements filed, the Assessing Officer found that a loan of Rs. 50,000 from one Smt. Sara Devi was reflected. This amount was held as unexplained investment of the assessee and was added to the returned income as income from undisclosed sources. In appeal, the Commissioner of Income-tax (Appeals), Orissa, held that the matter needed further enquiry, and the assessment was set aside for giving a fresh finding rega...
D. Ananda Rao Dora Vs. Khadi and Village Industry Commission and anr.
Court: Orissa
Decided on: Jan-07-1992
Reported in: 73(1992)CLT805; (1992)IILLJ858Ori
B.L. Hansaria, C.J. 1. The petitioner was dismissed from service, while one V.S. Murty was reduced in rank, pursuant to the finding of the enquiring officer that both these, incumbents were guilty of various serious charges framed against them. The petitioner raised an industrial dispute relating to his dismissal and the same was referred by the State Government for adjudication by the Labour Court, Sambalpur. The competency of the State Government to make the reference was challenged before the Labour Court The Presiding Officer, however, held the reference as legal. The validity of the order was assailed before this Court by the Management in O.J.C. No. 474 of 1988 which was disposed of on December 12, 1991 by holding that the appropriate Government to make the reference was the Central Government, and so, a direction was given in that writ application to the Central Government to make the required reference.2. Though the petitioner raised an industrial dispute relating to his dismis...
Hotel Alankar (P) Ltd. Vs. S.P. Nanda
Court: Orissa
Decided on: Jan-07-1992
Reported in: 73(1992)CLT525; 1992CriLJ1788
B.L. Hansaria, C.J.1. Shri S. P. Nanda, the Managing Director of Orissa State Financial Corporation (for short, 'the Corporation'), has faced this proceeding initiated by this Court suo motu on 14-11-1990 being prima facie satisfied from the averments made by the petitioner in Misc. Case No. 5556 of 1990, arising out of O.J.C. No. 4213 of 1990, about commission of criminal contempt by the Managing Director inasmuch as the acts and words attributed to him tended, inter alia, to lower the authority of this Court. Pursuant to show cause notice issued on that day, the Managing Director appeared in person on 16-11-1990 and denied the averments made by the petitioner by filing counter affidavit along with which affidavits of some other employees of the Corporation were filed to support the stand taken by the Managing Director in his affidavit. Because of the denial by Shri Nanda of the averments made by the petitioner, she filed her rejoinder on 19-11-1990 and thereafter examined herself in ...
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