Orissa Court February 1992 Judgments
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Pabitra Ranjan Dash Vs. Collector-cum-chairman, Regional Transport Aut ...
Court: Orissa
Decided on: Feb-11-1992
Reported in: 73(1992)CLT559; 1992(II)OLR310
B.L. Hansaria, C.J.1. An important point needs our determination in this case. The same is whether the power conferred by Section 17 (2) of the Orissa Motor Vehicles Taxation Act, 1975 (for short, 'the Act') can be invoked to seize a motor vehicle where tax relating to the vehicle is outstanding for a period beyond the one for which tax is required to be paid in advance.2. The facts of the case need not detain us because whether the vehicle was being plied without paying arrear tax is not the question to be determined in this proceeding for two reasons. The first is that a writ Court is not the proper forum to decide this controversial question relating to fact, and secondly, because the petitioner has already taken recourse to the remedies available under the concerned Act for determining the question relating to the , amount of tax in arrear, if any.3. The sole submission of Shri Dash is that even if the owner be guilty of being in arrears, Section 17 (2) of the Act cannot be invoked...
United India Insurance Co. Ltd. Vs. Haramani Das and ors.
Court: Orissa
Decided on: Feb-10-1992
Reported in: AIR1992Ori210
D.P. Mohapatra, J.1. On analysis of the case, the point that falls for determination relates to the extent of liability of the appellant, United India Insurance Company Ltd. for thecompensation awarded in favour of the claimants respondents.2. This appeal is directed against the judgment dt. 21-4-90 of the Second Motor Accidents Claims Tribunal, Nothern Division, Sambalpur, ('M.A.C.T.' for short), in Misc.(A) Case No. 109 of 1987(K) awarding a sum of Rs. 80,000/- in favour of the respondents 1 to 5 who were the claimants before the M.A.C.T. and directing the appellant to pay the entire sum.3. The facts of the case sans unnecessary details may be stated thus : On 2-6-87 at about 3.45 a.m. the deceased, Harihar Das was involved in an accident with the bus bearing registration No. CRJ 7578 near Surisuria. The bus hit him from behind and due to the injuries sustained he died at the place of accident. The deceased was aged about 40 years at the time of the accident. He was working as Live-S...
Commissioner of Gift-tax Vs. Satiya Budek and ors.
Court: Orissa
Decided on: Feb-10-1992
Reported in: [1992]197ITR292(Orissa)
A. Pasayat, J.1. Since the factual position is similar in all these five cases, they are disposed of by this common judgment. On being moved by the Revenue in applications under Section 26(3) of the Gift-tax Act, 1958 (in short the 'Act'), this court had directed the Income-tax Appellate Tribunal, Cuttack Bench (in short the ' Tribunal'), to refer the following question for adjudication :'Whether, on the facts and in the circumstances of the case, exercise of revisional power by the Commissioner directing further enquiry by the Gift-tax Officer has been unreasonably reversed by the Tribunal ?'2. The background of the cases as culled out from the statement of facts prepared by the Tribunal is as follows :Shri Madhusudan Mishra, Shri Jayanarayan Singh Deo, Shri Bansid-har Kalasia and Shri Satiya Budek (each of them hereinafter referred to as the 'donor') made gifts of various amounts to Shri Chetram Agarwala. All of them filed returns of gift under Section 13 of the Act for the assessmen...
The Central Reserve Police Force and anr. Vs. Minati Dhal and Basudev ...
Court: Orissa
Decided on: Feb-10-1992
Reported in: II(1993)ACC137; 1993ACJ760; 73(1992)CLT550; 1992(I)OLR470
S.C. Mohapatra, J.1. These two appeals are by the owner of the vehicle under Section 110-D of the Motor Vehicles Act, 1939 read with Section 173 of the Motor Vehicles Act, 1988. There is no cross-objection by the claimant.2. On 7-4-19866 in the evening at about 7-15 p. m. deceased was proceeding towards Bhubaneswar side on his motor cycle after taking petrol from the petrol pump. While the deceased was coming to the patched portion of the road driving from the petrol pump slowly and cautiously bus belonging to appellant came from behind in a high speed without blowing horn and dashed against the deceased as a result of which, deceased was thrown out of the motor cycle and sustained fatal injuries on his head and chest to succumb at the spot instantaneously. Deceased was receiving pay of Rs. 1091/-at the time of his death as revealed from the pay certificate. He died at the age 29 years leaving behind his parents and widow aged about 24 years as his dependants and legal representatives....
United India Insurance Company Ltd. Vs. Naramani Das and ors.
Court: Orissa
Decided on: Feb-10-1992
Reported in: 2(1993)ACC509
D.P. Mohapatra, J.1. On analysis of the case, the point that falls for determination relates to the extent of liability of the appellant, United India Insurance Company Ltd. for the compensation awarded in favour of the claimants-respondents.2. This appeal is directed against the judgment dated 21.4.1990 of the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur (M.A.C.T. for short), in Misc. (A) Case No. 109 of 1987 (K) awarding a sum of Rs. 80,000/- in favour of the respondents 1 to 5 who were the claimants before the M.A.C.T. and directing the appellant to pay the entire sum.3. The facts of the ease and unnecessary details may be stated thus : On 2.6.1987 at about 7.45 a.m. the deceased, Harihar Das was involved in an accident with the bus bearing registration No. ORJ 7578 near Surisuria. The bus hit him from behind and due to the injuries sustained he died at the place of accident. The deceased was aged about 40 years at the time of the accident. He was working as ...
Hanuman VitamIn Foods Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-07-1992
Reported in: AIR1992Ori274; 73(1992)CLT782
J.M. Mahapatra, J.1. In this writ application the petitioner calls in question the section of the State in granting long term lease of mango kernel along with other minor forest produce in favour of opposite party No. 4, a joint sector company under IPICOL with a prayer to quash the same on the ground that mango kernel is not a forest produce under the Forest law of the State and praying for a declaration that the petitioner has a right to collect mango kernel throughout the State without any let and hindrance and without payment of any royalty and for ancillary reliefs.2. Shorn of unnecessary details and verbose reproduction, the facts of the case, and events leading to filing of the present writ petition, most of which are undisputed, may be stated thus : The petitioner, a private company with head office in Bombay, is engaged amongst other things in collection of mango kernels in Orissa as well as other States during last several years and in manufacturing solvent extract mostly for...
CalvIn Francis Vs. State of Orissa
Court: Orissa
Decided on: Feb-07-1992
Reported in: 74(1992)CLT585; 1992(I)OLR316
A. Pasayat, J. 1. Petitioner faced trial for allegedly having committed coitus per se (sin of Gomorrah), was found guilty and convicted under Section 377 of the Indian Penal Code, 1860 (in short IPC), and sentenced to undergo rigorous imprisonment for a period of two years by the learned Judicial Magistrate, First Class, Bhubaneswar. The conviction was maintained by the learned Additional Sessions Judge. Bhubaneswar, while the sentence was reduced to one year's rigorous imprisonment.2. Factual position as described by the prosecution is that on 28-7-1987 at about 5 p. m. the petitioner called Swapna (PW 1), a girl aged 6 years, who was playing with his daughter, and inserted his genital organ inside her mouth for which she came spitting and narrated the fact before her mother. After return of her father, a school teacher, the incident was narrated to him and first information report was lodged at 6.45 p. m. in the police station. The girl and the accused were sent for medical examinati...
Fakir Mohan Maharana and ors. Vs. Sri Jagannath Sanskrit Vishwa Vidyal ...
Court: Orissa
Decided on: Feb-07-1992
Reported in: 1992(II)OLR471
J.M. Mahapatra, J.1. The short question falling for decision in this writ application concerns the legality of the scratching of the entire Madhyama Examination of 1990 in respect of B. N. High School Centre, Nayagarh conducted by Sri Jagannatb Sanskrit Vishwa Vidyalaya, opposite party No. 1.2. The facts of the case may be briefly stated thus. The petitioners, nineteen in numbers, after completing the course of Madhyama in Raghunath Tol, Odagaon, which is a Sanskrit teaching institution, admitted to the privileges of Sri Jagannath Sanskrit Viswa Vidyalaya, Puri, were aomitted to the Madhyama Examination, 1990 as collegiate candidates of the toll and they were assigned B. N. High School Centre, Nayagarh. they successfully completed the examination in accordance with rules and procedure of the University under the control of the Centre Superintendent appointed by the University. Some time after the examination they were informed by the Head Pandit of Raghunath Tol, Odayaon, opp. party No...
Mgt. of Orissa Road Transport Company Ltd. Vs. M. Venkata Rao and anr.
Court: Orissa
Decided on: Feb-06-1992
Reported in: 74(1992)CLT272; (1993)ILLJ468Ori
G.B. Patnaik, J.1. Both these writ applications are against the same award of the Industrial Tribunal, the former being by the Management and the latter being by the employee. The Management assails the award and claims that the Management is not liable either to reinstate the employee or to pay any back wages. The employee challenges that part of the award directing payment of fifty per cent of back wages and claims that in view of the finding of the Tribunal, he is entitled to get full back wages.2. The short facts are that opp. party No. 1 in O.J.C. No. 2938 of 1988 was working as a Bus Driver under the petitioner which is a company incorporated under the Indian Companies Act carrying on the business of road transport. On January 10, 1976, while said opp. party No. 1 was going out of the garage, he was stopped by the watcher at the main gate and he was found to be carrying two litres of engine oil. A regular departmental proceeding was initiated against him and he was found guilty o...
Jagannath Manna and Sachindranath Bagchi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-06-1992
Reported in: 74(1992)CLT506; 1992(I)OLR494
G.B. Pattnaik, J. 1. Since both these writ applications involve a common question of law with regard to interpretation of some provisions of the Orissa Survey and Settlement Act, they were heard together and are being disposed of by this common judgment.2. The order passed by the Additional Settlement Officer (opp. party No. 3) in exercise of his power under Section 22(2)(a) of the Orissa Survey and Settlement Act (hereinafter referred to as the 'Act') is under challenge in these writ applications. The question for consideration is whether in exercise of suo motu power under Section 22(2)(a) of the Act, the Settlement Officer can revise any Record-of-Rights prepared under Chapter-III. Mr. Pal appearing for the petitioners contends that preparation of Record-of-Rights is provided for in Chapter-Ill of the Act containing Sections 11 to 17 and under Section 15, the Board of Revenue has the power of suo motu revision for correction of any Record-of-Rights. The suo motu power of the Settlem...
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