Orissa Court April 1993 Judgments
Oriental Insurance Co. Ltd. Vs. Sakti Kumar Mohanty and anr.
Court: Orissa
Decided on: Apr-30-1993
Reported in: 1994ACJ198
P.C. Misra, J.1. This is an appeal under Section 110-D of Motor Vehicles Act, 1939, filed by the appellant, insurance company, against the award passed by the 4th Motor Accidents Claims Tribunal, Puri.2. The applicant was injured in an accident which took place on 26.2.1982 on the road leading from Rasulgarh to Vani Vihar. As a result of the accident, the right leg of the applicant was fractured and did not join and ultimately he became unable to resume his normal life. He claimed compensation of Rs. 1,00,000/- from the owner of the vehicle as the driver of the truck which caused the accident was negligent according to the claimant. The appellant being the insurer of the truck was impleaded as a party. The Claims Tribunal allowed compensation of Rs. 80,000/- with interest at the rate of 12 per cent from the date of filing of the claim petition, i.e., 21.8.1982. The Tribunal further directed that if the amount is not paid within 3 months from the date of the award, interest shall be cha...
Tag this Judgment!Kailash Chandra Dandapat and Ors. etc. Vs. Secretary, Birabhadraswar W ...
Court: Orissa
Decided on: Apr-29-1993
Reported in: AIR1994Ori1
L. Rath, J.1. This batch of cases raises the question of entertainment of petitioners under Articles 226 and 227 of the Constitution of India to challenge the process of election to the committee of management of different co-operative societies to have become vitiated either on account of illegal rejection of nomination papers or for illegal preparation of voter lists of the different constituencies for the purpose of election or for the illegal formation of constituencies. The facts pleaded by petitioners are of palpable illegality in rejection of the nomination papers or of valid members being left out from being included in the voter lists as a consequence of which they are deprived of contesting or voting in the election and therefore the entire election process to have become vitiated. A further allegation is made that different constituencies required to be formed were not done and instead were merged together to constitute a single constituency. The submission of the learned co...
Tag this Judgment!Bhabani Prasad Dash Vs. Arbitrator-cum-director of Textiles and ors.
Court: Orissa
Decided on: Apr-28-1993
Reported in: 76(1993)CLT149; (1994)ILLJ559Ori
B.L. Hansaria, C.J. 1. The petitioner was appointed on April 30, 1986 as an Assistant Engineer (Civil) by the Managing Director, Utkal Weavers' Co-operative Spinning Mills Ltd. Khurda, and was put on probation for six months. As his performance was not found satisfactory, some further time was given to watch his performance and as he did not improve according to the employer, his services came to be terminated by an order dated December 19, 1988 as at Annexure-3. The legality of this order has been assailed in this petition.2. It may be stated at the threshold that before Annexure-3 was issued, it is an admitted position that no disciplinary proceeding was drawn and it is because of this that Annexure-3 speaks about the same having been issued in accordance with Clause 7 of letter No. 10680(3) dated April 30, 1986, a copy of which is at Annexure-2. Which says, inter alia, that the service can be terminated by giving one month's notice or one month's pay in lieu of notice, and so, in An...
Tag this Judgment!Brajendra Misra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-28-1993
Reported in: 1993(II)OLR87
G.B. Pattnaik, J.1. The constitutional validity of Section 13-AA of the Orissa Sales Tax Act. 1947, has been challenged in this writ application. Under the said provision, a person who is responsible for paying any sum to e contractor for carrying out any works contract is liable to deduct an amount towards sales-tax equal to two per cent of such sum in respect of the works contract at the time of making the payment in question and the said deducting authority is required to grant a certificate to the contractor in the form prescribed and send a copy thereof to the Sales-Tax Officer within whose jurisdiction the works contract is executed. The deduction in question will be adjusted by the Sales-Tax Officer towards the sales-tax liability of the contractor. Contravention of the provision authorises the Sales-Tax Officer to impose penalty not exceeding twice the amount required to be deducted by the person responsible for making the payment to the contractor and deduction therefrom. For ...
Tag this Judgment!Srikar Bag Vs. Revenue Officer and ors.
Court: Orissa
Decided on: Apr-28-1993
Reported in: 1993(II)OLR95
B.N. Dash, J.1. This writ application under Arts. 226 and 227 of the Constitution of India arises out of a proceeding Under Section 23-A of the Orissa Land Reforms Act, 1960 (for short, 'the Act').2. Janmejaya Majhi (opp. party No. 4) claiming himself to be a member of the Scheduled Tribe filed an application before the Revenue Officer, Titilagarh Under Section 23-A of the Act for restoration-of possession of Ac. 0, 93 decimals of land in plot Nos. 345 and 348 of village Binakala, P. S. Titilagarh on the allegation that the petitioner belonging to a non-Scheduled Tribe purchased that land from him by a registered sale deed dated 10-1-1965 without obtaining prior permission in writing of the competent authority. The petitioners did not dispute that he belonged to a non-Scheduled Tribe and that opposite party No. 4 was a member of the Scheduled tribe. However, he pleaded that by executing the registered sale deed dated 10-1-1965 the opp. party No. 4 merely ratified his former sale on 1-4...
Tag this Judgment!Indian Charge Chrome Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Apr-28-1993
Reported in: 1993(44)ECC65; 1994(72)ELT538(Ori)
G.B. Patnaik, J.1. Petitioner No. 1 is a Public Limited Company and petitioner No. 2 is a shareholder of the company. They have filed this writ application to declare the amendment made on 1st of May, 1986, to the Notification No. 133/85-Customs, as well as the Notification No. 67/87-Cus-toms, dated 1-3-1987 to be constitutionally invalid being discriminatory in nature and have further prayed to quash the order of the Assistant Collector of Customs, Paradeep, dated 17th of August, 1987, annexed as Annexure-3, by which order the said Assistant Collector has cancelled the registration of the project contract/85-86. Under the Notification No. 133/85-Customs, dated 19th of April, 1985, which has been issued by the Central Government in exercise of power conferred under Sub-section (1) of the Section 25 of the Customs Act, an Explanation has been added and under the explanation the expression 'Powered Projects' shall mean,' ... such projects whose output of end-product is power, but shall n...
Tag this Judgment!Kanshahal Mazdoor Union Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-22-1993
Reported in: (1995)ILLJ295Ori
S.K. Mohanty, J.1. The petitioner union has sought a direction to the State Government in the Labour and Employment Department to make a reference to the Industrial Tribunal for adjudication as to whether the lockout declared by the management of opposite party No. 2 with effect from 6 a.m. of April 6, 1987 till April 16, 1987 was legal and justified.2. Kanshahal Mazdoor Union (petitioner) is a registered trade union duly recognised by the management. On April 1, 1987 the management complained before the Deputy Labour Commissioner, Rourkela, about stay-in-strike and other illegal acts of the workmen from 8.20 a.m. of that day. The Deputy Labour Commissioner conducted on the spot inquiry on said date and found the complaint to be true. The situation did not improve and ultimately the management by notice dated April 5, 1987 declared lock-out as above. The Deputy Labour Commissioner upon inquiry being satisfied about the existence of an industrial dispute because of alleged adoption of a...
Tag this Judgment!Jyotiprakash Pani and anr. Vs. State of Orissa, Represented by the Sec ...
Court: Orissa
Decided on: Apr-22-1993
Reported in: 76(1993)CLT924; 1993(II)OLR5
A. Pasayat, J.1. Two elected members to the Legislature, one to the Orissa State Legislative Assembly and holding the office of Minister and another elected to Parliament, have overstepped their limits of functioning and have interfered in the matter of selection for admission into Bachelor of Ayurvedic Medicine and Surgery Course (in short, 'BAMS course') in Government Ayurvedic Colleges, allege the petitioners.2. The background facts as highlighted by them are that the petitioner along with hundreds of others sought admission into two Government Ayurvedic Colleges, namely, Gopabandhu Ayurved Mahavidyalaya, Puri and Government Ayurvedic College, Bolangir for undergoing BAMS course relating to the academic year 1992-93. Applications for admission were invited on the basis of prospectus issued which inter alia stipulated the guidelines for admission, requisite qualification, age, reservation of seats, procedure of selection and many other relevant aspects. Clause 7 (b) of the prospectus...
Tag this Judgment!Santosh Kumar Patra Vs. Dhirendra Kumar Patra and ors.
Court: Orissa
Decided on: Apr-21-1993
Reported in: 1993(II)OLR115
A. Pasayat, J.1. Detailed reference to the factual aspects is not necessary because the fate of this writ application depends primarily upon adjudication of questions of law.2. Bare facts necessary are as follows :Petitioner and Dhirendra Kumar Patra (opposite party No. 1) are related to each other as would be evident from the following genealogy.Nabaghana|--------------------------------------------| |Baishab Adwaita| | --------------- -----------------| | | |Arjuna Surendra Arjuna Ramesh| | | Uhsamani | Dhirendra | | (Opp. party No. 1)Antaryami | -------------------------------| | |Santosh Dayanidhi Anam (petitioner) When operations under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, the 'Consolidation Act') were commenced, opposite party No. 1 filed objection case No. 3044/110 to record his name in the land register of hal plot No, 1614 under hal khata No. 1126 and to correct the area from 4 decimals to 8 decimals. Objection Case N...
Tag this Judgment!Gopal Krishna Sahu Vs. State Bank of India
Court: Orissa
Decided on: Apr-21-1993
Reported in: 1993(II)OLR146
A. Pasayat, J.1. Rejection of a petition under Order 9, Rule 13, Code of Civil Procedure, 1908 (in short, CPC) has brought the defendant to this Court.2. A brief reference to the facts situation is necessary because the ultimate fate of the appeal depends upon adjudication of a short but interesting point of law. State Bank of India, respondent herein, instituted a suit (T. M. S. No. 142 of 1983) in the Court of Subordinate Judge, Chatrapur. The appellant herein is the defendant No. 1 in the said suit. He was set ex parte on 4-9-1985. but the ex parte decree was passed on 28-11-1986. An application to set aside the ex parte decree was filed on 27-12-1987. The primary stand was that he had no knowledge about the posting of the suit.The learned Subordinate Judge disbelieved the plea primarily on the ground that the appellant herein was represented by a counsel in the suit.3. it is highlighted by the learned counsel in support of the appeal that originally the suit was filed in the Court ...
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