Orissa Court September 1993 Judgments
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Indian Aluminium Co. Ltd. Vs. Bhubaneswar Municipality Through Its Cha ...
Court: Orissa
Decided on: Sep-14-1993
Reported in: AIR1994Ori11
R.K. Patra, J.1. By this writ petition. the petitioner seeks to challenge the validity of levy/collection of octroi on the goods covered under the octroi payment passes dated 17-8-1992, 19-8-1992 and 20-8-1992 mentioned in Annexures 5 to 10 series.2. Facts may be briefly stated to get the hang of the issue involved. The petitioner was incorporated under the Indian Companies Act, 1913 as a public company limited by shares and is an existing public company within the meaning of the Companies Act, 1956. It has engaged itself in the business of mining of bauxite, aluminium, smelting and manufacture of aluminium fabrication products. It operates through different agencies and various plants situated in the States of Orissa, Bihar, West Bengal, Kerala, Karnataka and Maharashtra. It is the case of the petitioner that it has its place of business at Rudrapur P.C. Balianta, District Puri where its warehouses taken on rent from M/s. High Way Complex are located beyond the municipal limits of Bhu...
Regional Director, Esic Vs. P.B. Gupta
Court: Orissa
Decided on: Sep-14-1993
Reported in: 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori
G.B. Patnaik, J.1. The short question that arises for consideration in this appeal is whether 'over-time allowance' paid to employees would be included in the definition of 'wages' in Section 2(22) of the Employees' State Insurance Act, 1948, for the purpose of the employer's contribution on the same. On this question there is a sharp cleavage of opinion between the High Courts of India, the Calcutta, Karnataka and Rajasthan High Courts having taken the view that the said payment would not be included in the definition of 'wages', whereas the Andhra Pradesh, Bombay, Kerala and Delhi High Courts having taken the view that the said payment would be included in the definition of 'wages'. There has been no authoritative pronouncement of the Supreme Court on the question though there has been some observation in some incidental matters and so far as this Court is concerned, there has been no decision at all and, therefore, it is necessary to have an in-depth examination of the point in issu...
Hadiani Dei Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-14-1993
Reported in: 1994CriLJ660; 1993(II)OLR443
B.L. Hansaria, C.J.1. The short but important point for determination is as to whether a person who is accused of an offence under the Narcotic Drugs and Psychotropic Substances Act, hereinafter 'the Act', and has been released on bail during the state of investigation is required to be remanded to jail custody on cognizance of the offence being taken by the Sessions Judge because of non-fulfilment of the requirements mentioned in Section 37(b)(ii) of the Act, namely, reasonable ground for believing that the person concerned is no, guilty of the offence and he is not likely to commit any offence while on bail.2. The facts tie within a narrow compass What had happened was that the petitioner against whom a case had been registered under the Act had been released on bail by an order passed by the Sessions Judge, Puri on 17-6-1992. That order had come to be passed during the stage of investigation on the ground that the materials available on record were not sufficient to connect the peti...
Executive Engineer, National Highways Vs. Industrial Tribunal and anr.
Court: Orissa
Decided on: Sep-09-1993
Reported in: (1995)ILLJ470Ori
G.B. Patnaik, J.1. The short question that arises for consideration in this writ application is whether the National Highways Division under the Works Department of the Government is an 'industry' within the meaning of Section 2(j) of the Industrial Disputes Act, 1947.2. The Government of Orissa in the Labour Department in exercise of Lhe power conferred upon it by Sub-section (5) of Section 12 read with Section 10(1) of the Industrial Disputes Act (hereinafter referred to as 'the Act'), referred the following dispute for adjudication of the Industrial Tribunal:'Whether the action of the Executive Engineer, N.H. Division, Baripada, in terminating the services of Sri Parakshita Behera and 37 others with effect from September 27, 1989, initially working as N.M.Rs. from the year 1976 and subsequently made D.J.L.Rs. from the year 1987 is legal and/or justified? If not, to what relief are they entitled?'3. The petitioner in the objection filed before 1 the Tribunal took a stand, apart from ...
Subash Chandra Panda and ors. Vs. State
Court: Orissa
Decided on: Sep-08-1993
Reported in: 1994CriLJ1429
B.N. Dash, J.1. This revision is directed against the judgment of the learned Sessions Judge, Ganjan, Barhampur altering the conviction and sentence of the accused-petitioners.2. The prosecution case, shortly stated, is that on 6-10-1987 sometime in the morning P.W. 1 R. Elleya Reddy belonging to village Uppalapati killed a goat and sold the meat to his co-villagers and at about 8 in the morning while he was passing on the village street crossing the houses of the accused persons for collection of the price of the meat sold, accused Subash Chandra Panda enquired of him as to the amount of profit earned by him by selling the meat and when P.W. 1 replied that he had no business to poke his nose into his affairs, the latter got infuriated and attacked P.W. 1 along with his co-accused persons who are his brothers by means of Katis (M.Os. I, II, IV and V). As a result of the assaults with Katis, P.W. 1 sustained bleeding injuries and after the matter was subsided by the villagers he lodged ...
Bhabut Mal JaIn and anr. Vs. Land Acquisition Officer-cum-collector
Court: Orissa
Decided on: Sep-06-1993
Reported in: 1993(II)OLR497
A. Pasayat, J.1. Petitioner's application for re-determination of compensation payable under the Land Acquisition Act, 1894 (in short, the 'Act') on the basis of order passed by learned Subordinate Judge, Nawapara in M. J. C. No. 29 of 1989 which was confirmed by this Court in F. A. No. 361 of 1990 dated 2-11-1992, having been rejected by the Land Acquisition Officer, Nawapara, this Court has been moved for interference.2. The case of petitioner in short, is that A0. 99 decimals of lands owned by the petitioner were acquired for Upper Jonk Irrigation Project. He received compensation on 28-7-1989. Lands similarly situated, owned by others were also acquired for the aforesaid project by one notification. The other land owners disputed quantum awarded as compensation, and that is how the matter came to be adjudicated by learned Subordinate Judge and this Court. With reference to Section 28-A of the Act, the petitioner requested the Land Acquisition Officer for re-determination of compens...
Ainul Ali Khan Vs. Sagar Begum Alias Suka Begum and Three ors.
Court: Orissa
Decided on: Sep-06-1993
Reported in: 1993(II)OLR546
A. Pasayat, J.1. Order passed by the learned Judge, Family Court, Rourkela granting maintenance of Rs. 200/- per month to respondent No. 1 Sagra Begum @ Suka Begum and Rs. 100/- each per month to the other respondents, namely, Saliman alias Lalita, Haliman alias Baisakha and Rukhsana is the subjec-matter of challenge by Ainul Ali Khan, The respondents had claimed maintenance in terms of Section 125 . of the Code of Criminal Procedure, 1973 (in short, the Code). The learned counsel for the appellant has strenuously urged that the claimants-respondents have squarely failed to place any material in support of their claim of maintenance Under Section 125 of the Code. The learned counsel for the respondents submitted that after elaborate evaluation of the materials placed by the contesting parties, the learned Judge, Family Court, has awarded the maintenance which is on the lower side and therefore, no interference is called for. Mr. Patra for the appellant in addition to his attack about t...
Purusottam Mishra Vs. Balaji Sahu and ors.
Court: Orissa
Decided on: Sep-02-1993
Reported in: I(1994)ACC175; 1994ACJ1107
P.C. Misra, J.1. The liability of the appellant under the award passed by the Second Motor Accidents Claims Tribunal has been challenged by him in this appeal.2. The facts leading to the limited controversy of the parties are as follows: The present respondent Nos. 1 to 8 filed an application under Section 110-A of the Motor Vehicles Act, 1939, being the parents, widow and children of deceased Kalu Sahu for awarding compensation due to his death occurred in an automobile accident. The vehicle was insured with the National Insurance Co. Ltd. The original owner of the vehicle was the present appellant. It is alleged that he transferred the vehicle to the present respondent No. 9 on 20.2.1983. The accident having taken place on 16.7.1983, the Accidents Claims Tribunal while assessing compensation at Rs. 90,000/- felt that the present respondent No. 9 being the owner of the vehicle is liable to pay the compensation. In proof of the transfer of ownership the present appellant had filed a re...
Debahari Kumbhar and ors. Vs. Sribatsa Patra and anr.
Court: Orissa
Decided on: Sep-01-1993
Reported in: AIR1994Ori86; 78(1994)CLT93; II(1994)DMC583
P.C. Misra, J.1. The defendants in Title Suit No. 33 of 1979 of the Court of Munsif, Sonepur are the appellants against the confirming judgment of the Subordinate Judge, Sonepur in Title Appeal No. 7 of 1981. The suit is one for declaration of plaintiffs' title over the suit house and for recovery of possession of the same by evicting the defendants.2. The case of the plaintiffs is that one Mr. Bala Patra is the original owner of the suit land who had one son Nilachal and a daughter Draupadi. He died leaving behind his widow who has been described as Mrs. Bala Patra and the aforesaid son and daughter. Plaintiffs 1 and 2 arc the sons of Nilachal. Defendant No. 1 in the suit is the husband.of Draupadi and defendant No. 2 is his second wife whom he had married after the death'of Draupadi. The plaintiffs described the defendants as their tenants since 1970 and later their possession has been characterised as permissive possession. They filed a proceeding under the House Rent Control Act fo...
Lokanath Sahu Vs. Orissa State Financial Corporation and anr.
Court: Orissa
Decided on: Sep-01-1993
Reported in: AIR1994Ori165
G.B. Patnaik, J. 1. This is an appeal under Section 32(9) of the State Financial Corporations Act, 1951 (hereinafter referred to as 'the Act') against the order of the District Judge, directing that the decretal dues will be the first charge on the immovable properties of defendant No. 2, mortgaged with the Corporation in an application filed by the Corporation under Section 31 of the Act.2. The short question that arises for consideration is whether the mortgaged properties belonging to the guarantor could be sold under the provisions of the Act.3. The Orissa State Financial Corporation filed an application before the District Judge, Puri invoking his jurisdiction under Section 31 of the Act alleging that the principal debtor, respondent No. 2, in the present appeal had applied for a term loan of Rs. 2,00,000/- for purchase of atruk and after consideration of his loan application the Corporation had sanctioned an amount of Rs. 1,80,900/- on 28-3-1981. Out of the said amount, a truck h...
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