Orissa Court July 1992 Judgments
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Rama Chandra Peswani Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-24-1992
Reported in: 1993(I)OLR192
S.C. Mohapatra, J.1. This is an application by the claimant to Continue the appeal Under Section 54 of the Land Acquisition Act as an indigent person.2. There is no dispute relating to indrgency. Only question for consideration is whether under Order 44, Rule 1, .CPC, would be attracted.3. Reference Under Section 18 of the Act is a civil dispute. This Court while considering the appeal Under Section 54 of the Land Acquisition Act is also registers it as First Appeal unlike other statutory appeals under the Motor Vehicles Act or Workmen's Compensation Act which are registered as Miscellaneous Appeals. Section 53 of the Land Acquisition Act provides that the Code of Civil Procedure shall apply to all proceedings before the Court under the Act except in so far as there may be inconsistency with any provision under the Act. There is no inconsistency to apply Order 44, Rule 1, CPC Besides, for an appeal Under Section 54 of the Land Acquisition Act, advalorem court-fee is paid as in the case...
Shyam Sunder Rout Vs. New India Assurance Co. Ltd.
Court: Orissa
Decided on: Jul-24-1992
Reported in: I(1993)ACC548; 1993ACJ548
S.C. Mohapatra, J.1. This is an application by the petitioner (respondent No. 1 in the appeal) to give direction to the appellant-opposite party to deposit the award amount and to permit the former to withdraw the same.2. Mr. L. Dash, learned Counsel for the petitioner, submitted that the claimant is badly in need of money and is suffering due to non-payment of the compensation. Accordingly, court should render assistance for payment thereof subject to the result of the appeal.3. Mr. M. Sinha, learned Counsel for the appellant-opposite party, urged that the petitioner is required under Section 173(1), first proviso, of the Motor Vehicles Act, 1988, to deposit half of the awarded amount or Rs. 25,000/-, whichever is less. When intention of legislature is not that the court is to give direction for deposit of the amount, there should be no direction. He further submitted that in case court gives a direction for deposit of the amount and payment thereof to the respondent-petitioner, there...
Life Insurance Corporation of India Vs. Narmada Agarwalla and ors.
Court: Orissa
Decided on: Jul-22-1992
Reported in: 1993ACJ1023; AIR1993Ori103
S.C. Mohapatra, J.1. These two appeals by thedefendant arises out of a common judgment in two suits arising out of the same cause of action where the parties are the same, issues are the same and reliefs claimed are the same. Accordingly, they arc heard together.2. Appellant is a statutory body constituted under the Life Insurance Corporation Act, 1956. After this Act came into force, appellant became the sole authority to have life insurances in India. For insuring a life, a proposal is to be made by the life sought to be insured, the proposer is to be medically examined by a medical examiner approved by the insurer who is to give a confidential report to the insurer and the premium amount required is to be paid. Possessed of these two documents, insurer is to decide the question of acceptance of the proposal. Once the proposal is accepted, contract is complete and policy is to be issued. Where, for reasons indicated in term of the policy, it lapses, the same can be revived as per the...
Berhampur Diocesan Catholic School Managing Committee Vs. State of Ori ...
Court: Orissa
Decided on: Jul-21-1992
Reported in: AIR1993Ori93; 75(1993)CLT48
A.K. Padhi, J.1. Praying for issuance of writ of mandamus directing the opposite parties not to interfere in the administration and management of the educational institution, namely, Technical High School, Sura da, the petitioner has approached this Court.2. In the writ application it has been asserted that the Technical High School, Surada, situated in the district of Ganjam was established in the year 1954 by the Roman Diocesan Corporation, Cuttack, which is a minority community based on religion, for imparting education. The authorities had from time to time recognised the said school to have been established by the minority community. The institution in question is a recognised one and has received full grant-in-aid from Government up to 1986. Since the institution in question was established by a minority community based on religion with due approval of the authorities, it is clothed with protection of Article 30 of the Constitution.3. The grievance of the petitioner is twofold-(a...
Indian Timber Corporation Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Jul-21-1992
Reported in: [1993]200ITR405(Orissa)
A. Pasayat, J.1. On being moved by Messrs. Indian Timber Corporation (hereinafter referred to as the 'assessee') under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'), this court directed the Income-tax Appellate Tribunal, Cuttack Bench (in short, the 'Tribunal'), to state a case and refer the following question for opinion :'Whether the liability as claimed by the assessee is deductible as accrued liability under the Act for computing net income ?'2. Pursuant to the direction, the Tribunal has stated a case and referred the aforesaid question for opinion. The background facts necessary for adjudication of the question referred are as follows :The assessee, a partnership firm, filed its returns for the assessment year 1983-84 relating to the accounting period ending on September 30, 1982. A sum of Rs. 1,20,000 was claimed as deduction under the heading 'Forest compensation'. The said amount was shown as an outstanding liability in the balance-sheet. On...
Chandrasen Bag and Six ors. Vs. State
Court: Orissa
Decided on: Jul-21-1992
Reported in: 74(1992)CLT616; 1994CriLJ530; 1992(II)OLR185
A. Pasayat, J.1. The petitioners call in question legality of the order passed by the learned Additional Sessions Judge, Jeypore, confirming the conviction and sentence awarded by the learned Judicial Magistrate, first class, Bissam cuttack convicting the petitioners Under Section 37 (1) (c) of the Orissa Forest Act, 1972 (in short, the'Act') and sentencing them to undergo rigorous imprisonment for two months and to pay a fine of Rs. 500/-, in default to undergo a further period of rigorous imprisonment for one month.2. The prosecution case which led to the trial of the petitioners is that on 3-9-1984 they were found felling the trees at Khuntabadi unreserved forest by means of saw and cutting the logs. They did not have any permit for doing so. The saw and the wood were seized in presence of the witnesses. After obtaining sanction, prosecution report was submitted Under Section, 37 (1) (c) of the Act, The petitioners faced trial.3. Their plea in essence was two fold, (i) They being la...
H.S. Dugal and anr. Vs. United Bank of India
Court: Orissa
Decided on: Jul-21-1992
Reported in: 1992(II)OLR538
S.C. Mohapatra, J.1. This is an appeal by defendants against a preliminary decree in a suit based on mortgage.2. Defendant. No. 1 took loan of Rs. 15,000/- with interest at- rate of 10 1/2 per cent per annum in the minimum from the plaintiff-bank in the year 1971 for purchase of an Ambassader car Defendant No. 2, wife of defendant No. 1, stood surety for the loan. Equitable mortgage of land and building was created in favour of the plaintiff and after purchase, the car was hypothecated to the bank. The loan amount not having been paid in full till 24-1-1983 suit was filed for balance amount of Rs. 34,498.60 paise with pendente lite and future interest at contractual rate.3. Defendants admitted the loan and execution of documents. They claimed that suit is barred by limitation and that they have not renewed any document. Added to it, they claimed that plaintiff has taken possession of the car since 1975 and has kept the same in a garage in a damaged condition.4. Plaintiff examined one w...
Sanjay Kumar Ram and ors. Vs. Council of Higher Secondary Education, O ...
Court: Orissa
Decided on: Jul-20-1992
Reported in: AIR1993Ori81; 75(1993)CLT30
D.P. Mohapatra, J. 1. Aggrieved by the decision of the Council of Higher Secondary Education, Orissa (opp. party No. 1) (for short, 'the Council') in cancelling their result in English II (for Arts) of the Second Higher Secondary Examination, 1991 vide notification dated 25th November, 1991 (Annexure 6), the petitioners filed this writ application seeking to quash the decision of the Council. 2. The case pleaded by the petitioners, shorn of unnecessary details, may be stated thus: Ninety-one candidates including the petitioners appeared in the Second Higher Secondary Examination, 1991 from the centre at B. B. College, Baiganbadia in the district of Mayurbhanj. The examination in English II was held during the first sitting on 29-8-91. The examination on that day was conducted smoothly and without any untoward incident. In course of the examination opp. party No. 4 Shri Ashutosh Sahoo, Deputy Secretary, North Zone, Council of Higher Secondary Education paid a surprise visit to the centr...
Susil Kumar Parida Vs. State
Court: Orissa
Decided on: Jul-20-1992
Reported in: 74(1992)CLT806; 1993CriLJ544; 1992(II)OLR476
D.P. Mahapatra, J.1. The short question that arises for determination in this case is whether in the facts and circumstances of the case the petitioner can be given benefit of the previsions of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act')2. The factual backdrop of the case leading to the present proceeding may be stated thus.The petitioner Susil Kumar Parida was a clerk in United Commercial Bank in its branch at Gupada On 16-4-1985 he applied for advance of Rs. 100/- which was turned down by the Branch Manager (PW 5). On being intimated about the order of the Branch Manager he entered his office room, abused him in obscene words in presence of others and threatened to assault him, thereby causing annoyance to him and also caused obstruction in lawful discharge of his duties. After the incident, on the report lodged by the Branch Manager the police investigated the case, G.R. Case No. 43 of 1985 and submitted charge-sheet Under Sections 353/506/294, Indian...
Keshab Chandra Nayak Vs. Laxmidhar Nayak and ors.
Court: Orissa
Decided on: Jul-17-1992
Reported in: AIR1993Ori1; 74(1992)CLT539
Hansaria, C.J. 1. This reference to the Full Bewnch has been made by a learned single Judge to decide whether the view expressed principally in Kailash Chandra Sahu v. Mahani Charan Mohanty, (1988) 62 CLT 261, by a learned single Judge of this Court which was approved by a Division Bench of this Court in Ramachandra v. Suresh Chandra, 1988 (1) OLR 185, that consolidation authorities have no jurisdiction to decide a question relating to benami nature of transaction is correct or not.2. To answer the reference, it would be apposite at the very outset to know what is meant by a 'benami' transaction, as it would appear from what is being stated later that, in fact, there is no clash in the view taken in the aforesaid decisions and the one which the learned Judge making the reference had taken in Civil Revision No. 351 of 1983 (Hruda-nanda Panda v. Dhirendra Behura, disposed of on 30-4-1985), which view, the learned Judge felt is correct despite what was held in the aforesaid two decisions....
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