Orissa Court November 1993 Judgments
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Laxman SwaIn Vs. Presiding Officer, Industrial Tribunal and anr.
Court: Orissa
Decided on: Nov-05-1993
Reported in: (1994)IILLJ950Ori
A. Pasayat, J.1. This writ application involves adjudication of the question whether an Industrial Tribunal after holding a domestic enquiry pursuant to which a punishment is inflicted on a workman is bad and the reference is only relatable to punishment inflicted, can grant opportunity to lead further material relating to punishment inflicted.2. The factual position is almost undisputed. The petitioner (hereinafter referred to as the 'workman') was working as a crane operator under the establishment of Rourkela Steel Plant (hereinafter referred to as the 'employer'). On January 21, 1976 he was charge-sheeted on the allegation of various accusations of misconduct. The accusations were that on January 20, 1976 at about 2.10 p.m. he unauthorisedly entered into the steel melting shop time office, misbehaved with Mr. V.V. Samuel, Selection Grade Time Keeper and forcibly took away the token from the token board and when Mr. Samuel objected to such act, he quarrelled with him and assaulted h...
The Oriental Insurance Company Ltd. Vs. Harapriya Nayak and ors.
Court: Orissa
Decided on: Nov-05-1993
Reported in: 1994(I)OLR88
A. Pasayat, J.1. This appeal though surfacially involves a a dispute relating to date of death of owner of a vehicle, because of seminally important aspects integrally connected with that issue, the learned counsel for the parties have pressed several points for consideration and have addressed us at length. In this background, it has become necessary to consider all the points raised.2. The factual backdrop necessary to be referred to for adjudication of the intricating questions which we shall deal infra is as follows ;An accident took place on 6-9-1988, wherein a vehicle bearing registration No. ORP 5510 was involved. The registered owner of the vehicle was Brajabandhu Senapati (hereinafter referred to as the 'owner/ insured')- One Govind Chandra Naik (hereinafter referred to as the 'deceased') lost his life in the accident. His widow Harapriya and parents Bhikari Charan Naik and Musi Dei lodged a claim for compensation on 28-11-1988 claiming compensation of Rs. 3 lakhs Under Sectio...
Subodh Kumar Dey Vs. Smt. Ashalata Bhagat
Court: Orissa
Decided on: Nov-05-1993
Reported in: 1994(I)OLR62
A. Pasayat, J.1. Direction given by the learned First Subordinate Judge. Cuttack, for furnishing security by the petitioner, and on failure for attachment of property described in the Schedule is tinder challenge in this appeal.2. During pendency of a suit (M. S. No. 11 of 1992) before the learned First Subordinate Judge, Cuttack, an application under Order 38, Rule 5 of the Code of Civil Procedure, 1908 (in short, the 'Code') was filed by the plaintiff for attachment of properties mentioned in the schedule belonging to the defendant before judgment. The case of the plaintiff is that she has filed the original suit, out of which the misc. case arose, against the defendant for recovery of Rs. 93,241.93 paise which was advanced by her for purchase of the properties described in Schedule A of the suit. Defendant by mis-representation and by practising fraud, induced her to purchase the properties, and received amounts on different dates from her after granting receipts. She came to know t...
K. Satyanarayan Subudhi Vs. Union of India (Uoi)
Court: Orissa
Decided on: Nov-04-1993
Reported in: 2003(161)ELT63(Ori)
G.B. Patnaik, J.1. The petitioner having obtained an order from the Customs, Excise and Gold (Control) Appellate Tribunal (for short, the 'CEGAT') directing the central excise authorities to return the gold seized to the extent of 250 grammes to the petitioner and yet not having been able to obtain the gold in question, has been forced to approach this Court in an application under Article 226 of the Constitution.2. It is not necessary to traverse the entire gamut of facts leading to the order of the CEGAT. It will be sufficient for our purpose to notice that a confiscation proceeding was initiated in respect of 484 grammes of gold seized and the original authority directed confiscation of the said original authority, i.e. the Additional Collector of Customs and Central Excise by his order dated 11-8-1988 directed confiscation of the primary gold weighing 434.900 grammes under Section 71 of the Gold (Control) Act, 1968 and also imposed a penalty of Rs. 5,000/- on Sri K Satyanarayana Su...
State of Orissa Vs. Hari Behera and anr.
Court: Orissa
Decided on: Nov-04-1993
Reported in: 1993(II)OLR591
A. Pasayat, J.1. This is a reference by learned Chief Judicial Magistrate, Puri (in short, 'CJM' Under Section 395 of the Code of Criminal Procedure. 1973 (in short, 'Cr PC).2. The background in which reference has been made is as follows :During inspection of the Court of Judicial Magistrate, First Class, Daspalla it was noticed by learned CJM that in 2 (a) CC Case Nos. 5 and 14 of 1986, prosecution report was submitted by the Sub-Inspector of Excise, Under Section 9(a) of Opium Act, 1878 along with 47 (a), Bihar and Orissa Excise Act. 1915. Cognizance was taken accordingly, and copies of prosecution report was supplied, and cases were posted for examination of witnesses before charge. In both the cases, several witnesses were examined and cross-examined before charge and 2(a) CC Case 5 of 1986 was posted to 1-2-1987, and 2(a) CC Case 14 of 1986 was posted to 18-8-1987 for consideration of charge. Learned CJM was of the view that after Narcotic Drugs and Psychotropic Substances Act, 1...
United India Insurance Co. Ltd. Vs. Kanduri Nayak and anr.
Court: Orissa
Decided on: Nov-04-1993
Reported in: I(1994)ACC380; 1994ACJ1125
A. Pasayat, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, 'the Act'), United India Insurance Co. Ltd. (hereinafter referred to as 'the insurer') calls in question legality of award made by the Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (hereinafter referred to as 'the Tribunal') holding that Kanduri Nayak (hereinafter referred to as 'the claimant') is entitled to a compensation of Rs. 20,000/- in respect of an accident wherein the vehicle bearing registration No. OSG 1155 belonging to Atanu Kumar Behera (hereinafter referred to as 'the owner') was involved. The stipulation of a higher rate of interest in case of default by non-payment is also challenged.2. The fact situation as presented by the claimant is as follows:On 27.4.1987 one Abhimanyu Nayak (hereinafter referred to as 'the deceased') aged about 12 was going to Bhanjanagar to attend his school. He was proceeding on the left side of Berhampur-Bhanjanagar Road. Suddenly...
Indian Industries Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-02-1993
Reported in: 1994(I)OLR435
B.L. Hansaria, C.J.1. The petitioner has assailed the vires of Section 5-A of the Orissa Sales Tax Act, 1947 (for short 'the Act') as inserted by the Orissa Act 11 of 1990 which came into force on 1-7- 1990.2. Though a Bench of this Court had upheld the validity of the aforesaid section in O.J.C. No. 172 of 1992 (M/s. Sitania Enterprisers v. State of Orissa) decided on 13-7-1993, Shri Agrawal appearing for the petitioner contends that the point which he seeks to urge had not been canvassed in that O.J.C. We have, therefore, heard the learned counsel on the new point on the strength of which he seeks to assail the validity.3. Let us note the relevant part of the section at the threshold.'5-A (1) Every dealer whose gross turnover during any year exceeds rupees ten lakhs shall, in addition to the tax payable by him under this Act, also pay a surcharge at the rate of ten percentum of the total amount of the tax payable by him ;Provided that the aggregate of the tax and surcharge payable un...
The Branch Manager, United India Insurance Co. Ltd. Vs. Smt. Sulakhani ...
Court: Orissa
Decided on: Nov-02-1993
Reported in: 1995ACJ305; 1994(I)OLR231
A. Pasayat, J.1. The only point involved in these appeals is whether liability of United Insurance Company Ltd. (hereinafter referred to as the 'Insurer,) was in excess of Rs. 15,000-/,2. A brief reference to the factual aspects is necessary for disposal of the appeals :Nineteen persons sustained injuries in an accident which occurred on 4-8-1987. The injured persons along with others were travelling in a passenger bus named Sri Laxmi bearing registration No. OSC 7233. The vehicle turned turtle by the side of the Colarnthara-Govindpur road near Parbatipur. The injured persons fried applications Under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') claiming various amounts as compensation from M.Madhab Reddy ( hereinafter referred to as the 'insured'). Since the vehicle was claimed to be insured with the insurer, it was also impleaded as a party.3. The insured filed his written statement, inter alia, taking a stand there was no negligence as alleged and the quantum o...
Arjun Thakur Alias Singh and anr. Vs. State
Court: Orissa
Decided on: Nov-02-1993
Reported in: 1994CriLJ3526; 1994(I)OLR234
A. Pasayat, J.1. The appellants along with two others namely Ramesh Singh and Sukadev Singh alias Sukha allegedly committed acts attracting culpability for punishment Under Section 307 and 506 read with Section 34 of the Indian Penal Code, 1860 (in short, 'IPC'). The appellants (hereinafter referred to as the 'accused') faced trial before the learned Additional Chief Judicial Magistrate-cum- Assistant Sessions Judge, Rourkela, who found them guilty for offences punishable Under Section 307/506 read with Section 34, IPC and convicted them. Each of them was sentenced to rigorous imprisonment for ten years for the offence Under Section 307, IPC and two years for the offence Under Section 506, IPC. The sentences were directed to run concurrently. The trial was taken up in respect of the present appellants as the other two were considered to be absconders.2. The factual matrix of prosecution version runs as follows ;On 10-12-1S89 at about 3. 30 p. m. Dipu alias Devendra Sharma, Mathews Phil...
Branch Manager, United India Ins. Co. Ltd. Vs. Smt. Sulakhani Behera a ...
Court: Orissa
Decided on: Nov-02-1993
Reported in: II(1994)ACC549
A. Pasayat, J.1. The only point involved in these appeals is whether liability of United Insurance Company Ltd. (hereinafter referred to as the 'Insurer') was in excess of Rs. 15,000/-.2. A brief reference of the factual aspects is necessary for disposal of the appeals:Nineteen persons sustained injuries in an accident which occurred on 4.8.1987. The injured persons along with others were travelling in a passenger bus named Sri Laxmi bearing registration No. OSC 7233. The vehicle turned turtle by the side of the Colarnthara Govindpur Road near Parbatipur. The injured persons filed applications under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') claiming various amounts as compensation from M. Madhab Reddy (hereinafter referred to as the 'insured'). Since the vehicle was claimed to be insured with the insurer, it was also impleaded as a party.3. The insured filed his written statement, inter alia, taking a stand there was no negligence as alleged and the quantum of...
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