Orissa Court March 1992 Judgments
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Oriental Fire and General Ins. Co. Ltd. Vs. Buli Dei and ors.
Court: Orissa
Decided on: Mar-10-1992
Reported in: 1993ACJ1119; 74(1992)CLT141
A. Pasayat, J.1. In this appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'old Act') the Oriental Fire and General Insurance Co. Ltd. (hereinafter referred to as 'the insurer') calls in question the legality of the award passed by the Second Motor Accidents Claims Tribunal, Cuttack (hereinafter referred to as 'the Tribunal').2. The dependants of one Shyam Sundar Das, who lost his life in an accident caused by a truck bearing registration No. OSC 2991, belonging to Anjana Pradhan (hereinafter referred to as 'the insured') lodged a claim for Rs. 95,000/-. The deceased was a grocer and, according to the Tribunal, was about 37 years old at the time of death. The Tribunal on assessment of evidence came to hold that the monthly loss of dependency was Rs. 400/- and applying a sixteen times' multiplier to the annual loss of dependency, calculated the compensation at Rs. 76,000/-. Costs of Rs. 1,000/- were awarded. It was stipulated that the compensatio...
The Oriental Fire and Genl. Ins. Co. Ltd. Vs. Buli Dei and ors.
Court: Orissa
Decided on: Mar-10-1992
Reported in: II(1992)ACC386
A. Pasayat, J. 1. In this appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Old Act') the Oriental Fire and General Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question the legality of the award passed by the Second Motor Accident Claims Tribunal, Cuttack (hereinafter referred to as the 'Tribunal').2. The dependents of one Shyam Sundar Das, who lost his life in an accident caused by a truck bearing registration No. OSC 2991 belonging to Anjana Pradhan (hereinafter referred to as the 'insured') lodged a claim for Rs. 95,000/-. The deceased was a grocer and according to the Tribunal was about 37 years old at the time of death. The Tribunal on assessment of evidence came to hold that the monthly loss of dependency was Rs.400/ and applying a sixteen times'multiplier to the annual loss of dependency, calculated the compensation at Rs. 76,000/-. Costs of Rs. 1,000/- was awarded. It was stipulated that the compensatio...
Chandramani Das Vs. Bhaskar Chandra Roy and ors.
Court: Orissa
Decided on: Mar-09-1992
Reported in: 1992(II)OLR123
P.C. Misra, J.1. This is an,appeal under Order 43, Rule 1 (d) of the Code of Civil Procedure against an order passed by the Second Subordinate Judge, Cuttack in an application under Order 9, Rule 13 of the Code of Civil Procedure. The present appellant is defendant No. 6 in Title Suit No. 64 of 1978. The said suit was for partition. On 8-11- 1978, this defendant (the present appellant) was set ex parte. The suit was thereafter taken up for hearing. At the hearing, the suit was decreed ex parte so far as this defendant is concerned. It further appears that after the preliminary decree dated 15-9-1980 was passed pursuant to the judgment dated 9-8-1930, a final decree proceeding was' initiated which ended in a compromise decree. The compromise petition purports to contain signature of this defendant and an Advocate, who appeared on her behalf. The advocate admitted the terms and conditions of 'ha compromise in Court. The final decree was passed on the basis of that compromise petition. Th...
M.C. Mehta Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-06-1992
Reported in: AIR1992Ori225; 74(1992)CLT147
Pasayat, J.1. 'Water, water everywhere, Nor any drop to drink' wrote S.T. Coleridge in 'The Ancient Mariner', Shall such a contingency befall majority of the populace of Cuttack city is the primary concern of petitioner, a practising advocate of the Supreme Court and General Secretary of the Indian Council for Enviro-Legal Action, a registered voluntary organisation. He has filed this writ application for a writ of mandamus to protect the health of thousands of innocent people living in Cuttack and adjacent areas, who are suffering from pollution being caused by the Municipal Committee, Cuttack and the S.C.B. Medical College Hospital, Cuttack, Several acts of the aforesaid authorities and the State of Orissa are alleged to be in violation of Article 21 of the Constitution of India, the National Health Policy, the Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The provisions of the last named Act being the pivotal statute in this appli...
Commissioner of Income-tax Vs. Orissa State Financial Corporation
Court: Orissa
Decided on: Mar-06-1992
Reported in: (1992)104CTR(Ori)46; [1993]201ITR595(Orissa)
A. Pasayat, J.1. Since the points at issue are common in both the cases, they are disposed of by this judgment which shall govern both of them. At the instance of the Revenue, questions have been referred to this court under Section 256(1) of the Income-tax Act, 1961 (in short, 'the Act'), by the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in short, 'the Tribunal'). The assessment years involved are 1980-81 and 1981-82. The questions referred for 1980-81 are as follows :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that, in the case of an assessee maintaining accounts on the mercantile system, the amount of interest which accrued on doubtful debts was not includible in the income of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the total income on which deduction under Section 36(1)(viii) is allowable should be computed before making deduction i...
Khetrabasi Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-06-1992
Reported in: 1993CriLJ271; 1992(I)OLR574
ORDER1. The petitioner was the District Inspector of Schools, Pattamundai at the relevant time and has been found guilty of contempt of this Court for having wilfully violated this Court's order dated 21-6-1990 passed in O. J. C. No. 1334 of 1990 in not disbursing the salary of the petitioner and other benefits due to the writ petitioner in O. J. C. 1334 of 1990 within the time prescribed by this Court as was indicated in the order dated 21-6-1990 and has been sentenced to civil imprisonment for a period of one month on that account by the order dated 10-2-1992 passed in Original Crl. Misc. Case No. 13 of 1991.2. The contemner has filed an affidavit dated 21-2-1992 bringing certain facts to the knowledge of this Court which he considers relevant for the case. This petition has been numbered as Misc. Case No. 24 of 1992. In this Misc. case the petitioner has not made any prayer for any relief and on the very same day another petition has also been filed by the same contemner for stay of...
Jibardhan Senapati and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-06-1992
Reported in: 1992(II)OLR1
G.B. Pattnaik, J.1. The orders passed by the revenue authorities in a ceiling surplus proceeding are under challenge in this writ application.2. The short facts of the case are that one Krushna Senapati, the common ancestor, had three sons, Hutasan, Padmalochan and Soma- nath. Petitioners 2 and 3 represent Hutasan's branch ; petitioners 1 and 7 represent Padmalochan's branch and rest of the petitioners represent Somanath's branch. A ceiling surplus proceeding was initiated suo motu by the Revenue Officer and a Draft Statement was prepared showing Purnachandra (petitioner No. 2) and others as the ceiling surplus holders and notice was served on different persons of different branches. Petitioner No. 1 representing Padmalochan's' branch, petitioner No. 2 representing Hutasan's branch and petitioner No. 4 representing Somanath's branch filed objections indicating therein that there has been a partition in the family long back and, therefore, they cannot be construed to be constituting a '...
Orissa Cement Ltd. Vs. Superintendent, Customs and C. Ex.
Court: Orissa
Decided on: Mar-06-1992
Reported in: 73(1992)CLT755; 1992(40)ECC244; 1992(61)ELT256(Ori)
G.B. Patnaik, J.1. The legality of the demand raised under An nexure 1/A by the Customs authority is the subject matter of challenge in this writ application, inter alia, on the ground that the notification issued by the Government of India on 28-11-1986 in exercise of its power under Sub-section (1) of Section 25 of the Customs Act superseding the earlier notification dated 1-8-1985 will have no application to the imported goods which had reached the Indian territory prior to the notification dated 28-11-1986 and were in the Bonded Warehouse, inasmuch as the goods were imported pursuant to the earlier notification dated 1-8-1985 and the Government is bound by the principle of Promissory Estoppel.2. The petitioners' case in a nut-shell is that petitioner No. 1 is a Company engaged in the manufacture of cement and refractories products. Dead Burnt Magnesite (for short 'D.B.M.') is the raw material for manufacture of refractories and such D.B.M. having silica content less than 4% by weig...
Nilamani Das Vs. Bhikari Nayak and ors.
Court: Orissa
Decided on: Mar-05-1992
Reported in: 74(1992)CLT441; 1992CriLJ2242; 1992(I)OLR562
A. Pasayat, J.1. This is a classic example how cases are inaptly handled by the Prosecutors and the Presiding Officers. Opposite parties faced trial for allegedly having committed offences under Section 143, 149, 426, 427, 447 and 452 of the Indian Penal Code, 1860 (In short, IPC). The learned Sub-Divisional Judicial Magistrate, Nayagarh (described hereinafter as the 'SDJM') was in seisin over the proceeding. The Associate Public Prosecutor who appeared for the prosecution, filed a memorandum on 14-7-1988 stating that there was no necessity to examine four of the witnesses named in the charge-sheet because notices had earlier been issued to them, but could not be served. On 19-9-1983 another memorandum was filed by him stating that since two of the witnesses have already stated about the overtacts of the accused persons, there was no necessity to examine any other witness. It may be indicated here that other witnesses whose presence was not desired by counsel included the investigating...
Rabindra Sahoo Vs. Pushpa Rani Sahoo
Court: Orissa
Decided on: Mar-04-1992
Reported in: II(1992)DMC397
S.C. Mohapatra, J.1. This civil revision by the defendant arises out of an order granting conditional stay of the execution proceeding during the pendency of the application under Order 9 Rule 13 C.P.C.2. Opposite Party is wife of petitioner. She filed a suit for maintenance to enforce her right under the Hindu Adoption and Maintenance Act, 1956, Suit was decreed ex-parte directing payment of Rs. 400/- per month towards maintenance and Rs. 100/- per month towards separate residence. When plaintiff did not pay the amount, defendant filed application for execution.3. Thereafter, defendant filed an application for setting aside the exparts decree and an application was filed to stay further proceeding in the execution case alleging that entire properties of the judgment-debtor have remained under attachment. Refusal to stay is grievance of petitioner.4. Suit out of which the execution proceeding as well as the application for setting aside the decree has been filed was valued at Rs. 30,00...
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