Orissa Court May 1993 Judgments
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M.K.C. Rao Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-10-1993
Reported in: AIR1993Ori295
1. The petitioner has been treated as a ceiling surplus holder under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act) and challenges the decision of the Member, Board of Revenue as well as the competent authority under the Act.2. The petitioner's case, in brief, is that his father late M. Suba Rao died leaving behind three sons and three daughters and in a family partition, the properties of the joint family consisting of M. Suba Rao and his children were divided. The family partition is of the year 1951 and the registered partition deed is dated 27-3-1951. But they had a piece of land in mouza Ramgarh measuring Ac 4.928 decimals which was kept joint. After the Act came into force on 17-2-1976, the petitioner submitted a return indicating therein that his residential land together with the building standing thereon in mouza Patapur measures Ac.0.097 decimals and he had acquired another piece of vacant land adjacent to his house measuring Ac.0.299 ...
Parades Patra and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-10-1993
Reported in: 1993(II)OLR452
ORDERD.P. Mohapatra, J.1. In both the cases the accused persons have filed applications under Sec. 439(l)(b) read with Section 440(2) of the Code of Criminal Procedure assailing the condition in the bail orders to furnish case security. Since a common question is raised in both the cases and as the orders passed by the Courts below show that similar considerations were made by the learned Magistrate and by the learned Sessions Judge white insisting on cash security, the cases were taken up together with consent of learned counsel for the parties and they are being disposed of by this order.2. Both the Criminal Misc. Cases arise from Lahunipada P. S. Case No. 12 of 1993 which corresponds to G.R. Case No. 32 of 1993 pending in the Court of the Sub-divisional Judicial Magistrate, Bonai in which the petitioners are alleged to have committed offences punishable Under Sections 143/34 1/294/336/506, CPC.3. As stated in the application filed Under Section 439(1) read with Section 440(2), Cr PC...
Managing Committee, Talabasta High School and Etc. Etc. Vs. State of O ...
Court: Orissa
Decided on: May-07-1993
Reported in: AIR1994Ori122
L. Rath, J. 1. The question raised in these writ petitions, is that whether Section 7 of the Orissa Education Act (hereinafter referred to as the 'Act') after its amendment by Act 16 of 1991, and the provisions of the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules 1991 (hereinafter referred to as 'the 1991 Rules') do not affect the reconstitution of the existing Managing Committees of High Schools existing at the commencement of those rules in accordance with the Orissa Education (Management of Private Schools) Rules, 1980 (hereinafter referred to as '1980 Rules') and that whether the right of those Managing Committees either to continue in office or to send nominations for their reconstitution is saved by Rule 34 of the 1991 Rules which provides that notwithstanding the repeal of the 1980 Rules any order made, action taken or things done under the provisions of the rules repeated shall be deemed to have been made, taken or done under the new...
Gulzar Khan Vs. Commissioner of Consolidation and ors.
Court: Orissa
Decided on: May-07-1993
Reported in: 76(1993)CLT161; 1993(II)OLR194
B.L. Hansaria, C.J.1. The Bar tells us: There may be pain without injury, sorrow without tears, but not a right without remedy. This is what we have to keep in fore-front to decide the question with which this Full Bench is seized on a reference from a Division Bench, which is whether the power conferred by Section 37 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act. 1972 (hereinafter called 'the Act' ) would be available for exercise after a notification has been issued as contemplated by Section 41(1) of the Act on the subject that consolidation operations have been closed in the unit, the result of which is that the village or villages forming part of the unit cease to be under consolidation operations.2. We may note in brief as to why the reference came to be made. This is so because the Bench hearing the aforesaid case felt after hearing the counsel for the petitioners for some time that the view taken in OJC No. 1671 of 1986 : (Govind Ch. Misra ...
Pawan Kumar Motwani Alias Pawan Das Vs. Mrs. Sadari Bai (Dead) and Aft ...
Court: Orissa
Decided on: May-06-1993
Reported in: 1993(II)OLR157
S.C. Mohapatra, J.1. Plaintiff is petitioner in this Civil Revision.2. Petitioner filed an application invoking power of Court Under Section 20 of the Arbitration Act (hereinafter referred to 'the Act') for filing of the agreement and to refer the dispute to an arbitrator to be appointed by Court. Case of petitioner is that parties entered into agreement in writing on 25-10-1969 far carrying on partnership business where there is an arbitration clause to refer disputes to arbitration.3. Opposite parties contested the application jointly. White accepting the business, their case was that there is no written clause of arbitration and they being ladies not knowing English do not know the contents of the document.4. Since plaintiff and defendants both denied to have possessed the original agreement, plaintiff took steps to produce the copy of the agreement in possession of Income Tax Department. On 31-12-1982 Income Tax Officer to whom summons had been issued prayed for attending Court on ...
Habibulla Khan Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-05-1993
Reported in: 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
B.L. Hansaria, C.J.1. The important point for determination in this case is whether previous sanction is necessary for prosecution of an M. L. A under the Prevention of Corruption Act, 1988 (herein- after 'the Act'). As this question is being examined by this Court (may be, by any High Court) for the first time after the Act had come into force, in which the definition of 'public servant'' as given in Section 2(c) of the Act is different from and wider than that given in Section 21 of the Indian Penal Code, which had come up for consideration by a Constitution Bench in R. S. Nayak v. A. R. Antulay, : 1984CriLJ613 , in which it was held that an M. L. A. is not a public servant, detailed consideration of the matter is called for. In the background of very elaborate and well studied arguments advanced by Shri Rath in support of the petitioner's stand for whom he has appeared that such a sanction is necessary, which with ability has been controverted by Shri S. K. Das, learned Government A...
Commissioner of Income-tax Vs. Orissa State Financial Corporation
Court: Orissa
Decided on: May-03-1993
Reported in: [1993]203ITR747(Orissa)
A. Pasayat, J.1. Pursuant to the direction given by this court under Section 256(2) of the Income-tax Act, 1961 (in short, 'the Act'), the Income-tax Appellate Tribunal, Cuttack Bench (in short, 'the Tribunal'), has referred the following questions for opinion :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order under Section 263 of the Act passed by the Commissioner of Income-tax ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest accrued on debts difficult to realise cannot be treated as income of the assessee though it adopted the mercantile system of accounting for the relevant assessment year ; and (in) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that non-filing of the statement of estimate does not mean that payment made by the assessee was not advance tax in view of the specific provis...
Sri Gyana Mallick, S/O. Dhaneswar Mallik Vs. State of Orissa
Court: Orissa
Decided on: May-03-1993
Reported in: 1997(II)OLR433
ORDER1. Heard Shri A. Swain for the petitioner and learned Addl. Standing Counsel for the opp. party.2. The petitioner Gyana Mallick who is facing trial on the charge of Section 302/34, IPC in S.T. Case No. 7/326 of 1992 (G.R. Case No. 1845/ 92) pending in the Court of Second Addl. Sessions Judge, Bhubaneswar filed this application under Section 439, Cr.P.C. for bail. As the order of the learned Addl. Sessions Judge reveals, the main ground on which the Court declined to release the petitioner on bail was that it had come to light during investigation that the petitioner was the helper of the truck in question who assaulted the deceased Babula. The incident took place in course of altercation between the driver and the helper of the truck and the conductor of the Canter bus ( the deceased).3. Though the learned Addl. Standing Counsel asserted that the petitioner has been identified by occurrence witnesses in the T.I. Parade, on scrutiny of the case record he fairly conceded that the pe...
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