Orissa Court January 1994 Judgments
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Sk. Siraj Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-28-1994
Reported in: 1994CriLJ2410; 1994(I)OLR403
A. Pasayat, J.1. Alleging Police brutality, the petitioner filed a complaint praying for taking action against the opposite party Nos. 2 and 3, who were at the relevant point of time functioning as officials of Bhadrak Police Station, before the learned Subdivisional Judicial Magistrate, Bhadrak (in short, 'SDJM'). The allegations were that on account of brutality of the opposite party Nos. 2 and 3 one S.k. Mairaj, brother of the petitioner lost his life, and therefore offences punishable Under Section 302, 302/149, 302/34 and 379/34 of the Indian Penal Code, 1860 (in short, 'IPC') were made out against them. Allegedly opposite party Nos. 2 and 3 carried the deceased in a van and administered severe blows on 30-3-1991, and subsequently his dead body was handed over to his relations on 31-3-1991 in the afternoon and direction was given to finish the funeral early. Thirty-three witnesses were named in the complaint petition stating that their evidence would establish the complainant's ca...
Subhash Ch. Sethy and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-27-1994
Reported in: AIR1994Ori169
Nanavati, A.C.J. 1. The petitioners are elected members of the Odagaon Panchayat Samiti. 15 members out of 26 submitted a memorandum to the Sub-Collector, Nayagarh to convene a special meeting under Section 46-B of the Orissa Panchayat Samiti Act, 1959. The Sub-Collector fixed the meeting at 11 A.M. on 15-9-1993 in the office of the Panchayat Samiti at Odagaon. As it was not possible for him to preside over the said meeting, he authorised the Tahasildar, Khandapara to do the same. Before the meeting could be held, Orissa Ordinance No. 5 of 1993 came to be promulgated. It amended Sub-section (4) of Section 46-B with the result that the period during which such requisition was not maintainable in the case of a Chairman or Vice-Chairman was extended from one year to two years. In view of this amendment in law and the communication dated 13-9-1993 received by the Sub-Collector, Nayagarh from the Additional Secretary to the State Government, the Sub-Collector cancelled the meeting. This act...
Gopal Chandra Bagaria Vs. State Bank of India and anr.
Court: Orissa
Decided on: Jan-27-1994
Reported in: AIR1994Ori329
S.C. Mohapatra, J.1. Defendant No. 2 is appellant against a decree making him jointly and severally liable for the amount decreed.2. Plaintiff is a Bank constituted under the State Bank of India Act having a branch at industrial estate, Rourkela. On 17-12-1982 plaintiff sanctioned a sum of Rs. l,IO,000/-by way of cash credit. Mundi facility and Rs. 79,000/ - by way of cash credit bill facility to defendant No. 1. Defendant No. 2 stood guarantee for the amounts to be advanced and both defendants Nos. 1 and 2 executed required documents, Defendant No. 1 secured the loan facility by pledging of goods, both raw materials i.e. different chemicals, finished goods and merchandise. When relationship so continued, defendant No. I defaulted in making payments. Notice to him by plaintiff remained unreplied. Hence, suit has been filed for recovery of the amount due including interest at the rate of 14 per cent per annum for a sum of Rs. 91,762.37 with pendente lite and future interest.2A. Defendan...
Guru Charan Sahoo Vs. Chairman-cum-managing Director, Orissa Small Ind ...
Court: Orissa
Decided on: Jan-24-1994
Reported in: (1995)ILLJ707Ori; 1994(I)OLR307
D.P. Mohapatra, J.1. The petitioner Guru Charan Sahoo, is a Nominal Muster Roll (NMR) employee of the Orissa Small Industries Corporation (hereinafter referred to as 'the Corporation'), a State Government undertaking. He has passed LA. Examination from Utkal University and has appeared for the B.A. Examination, but his result is yet to be declared. He has filed this writ application seeking regularisation of his service.2. The petitioner's case, shorn of unnecessary details, may be stated thus :The petitioner joined service in the Corporation as an NMR Class III employee on November 1, 1983 and has been continuing as such since then. He worked in different sections of the Corporation office and discharged duties assigned to him from time to him. As the office order dated November 19, 1990 (Annexure 1) issued by the Chairman-cum-Managing Director shows, he was transferred from the Export Division of the Corporation and posted in the site office, OSIC, Ib Valley Thermal Power Project, Ba...
Commissioner of Income-tax Vs. Om Agencies
Court: Orissa
Decided on: Jan-21-1994
Reported in: (1994)117CTR(Ori)385; [1994]207ITR794(Orissa)
A. Pasayat, J. 1. On being moved by an application under Section 256(1) of the Income-tax Act, 1961 (in short, 'the Act'), by the Commissioner of Income-tax, Orissa, the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in short, 'the Tribunal') has referred the following questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment for the assessment year 1979-80 made under Section 143(3) read with Section 144B was barred by limitation ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that a draft order made within the period of limitation should be forwarded to the assessee within the aforesaid period in order to make a valid assessment ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in annulling the order of assessment for theassessment year 1979-80 ?' 2. The background fact...
Steel Authority of India Ltd., Rourkela Plant Vs. Kanchanbala Mohanty
Court: Orissa
Decided on: Jan-21-1994
Reported in: II(1995)ACC281; 1995ACJ277; (1994)IILLJ1167Ori
A. Pasayat, J.1. This appeal has been preferred by the Steel Authority of India Ltd., Rourkela Steel Plant (hereinafter referred to as the 'employer') under Section 30 of the Workmen's Compensation Act, 1923 (in short, the 'Act') challenging the order passed by the Asst. Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short, the 'Commissioner') in W.C. Case No. 5 of 1991.2. Background facts as portrayed for parties sans unnecessary details are as follows :One, Basu Charan Mohanty (hereinafter referred to as the 'deceased') was an employee of the employer, when he lost his life in an accident on April 21, 1990. The accident took place near Fertilizer English Medium School. The deceased was taken to the Fertilizer Hospital at about 8 a.m.. He was given first aid treatment in the said hospital, and later on was removed to the Ispat General Hospital where he breathed his last at 2.50 p.m.. The deceased had been allotted a quarter in Sector-8, bearing No. D/45 ...
Lipika Mohanty Vs. the Principal, Ravenshaw College (Autonomous) and o ...
Court: Orissa
Decided on: Jan-21-1994
Reported in: 1995(II)OLR388
A.K. Padhi, J.1. Petitioner is a student desirous of taking admission to Post-Graduate Classes in Botany being denied of a seat has approached this Court.2. In the writ application it has been averred that no prospectus was published for the year 1993-94. The Admission Information (Annexure-1) does not indicate that the prospectus for the year 1992-93 was to be followed for the session 1993-94, nor the admission information indicated, regarding reservation of seats for Scheduled Caste or Scheduled Tribe candidates. As per the decision of the Admission Committee, petitioner is entitled to a seat. For this submission, reliance is placed on the letter No. III HF/M-34/93 : 33011/ HE dated 22-7-1993 (Annexure-3), the Principal Secretary to Government, Department of Higher Education, wrote to the Director of Higher Education, Orissa, Bhubaneswar, a copy of which was forwarded to the Principal, Ravenshaw College in which policy decision was taken regarding reservation of seats for Scheduled C...
United India Insurance Co. Ltd. Vs. Smt. Susila Panigrahy and ors.
Court: Orissa
Decided on: Jan-19-1994
Reported in: 1994ACJ853; AIR1995Ori38
A. Pasayat, J. 1. The United India Insurance Co. Ltd. (hereinafter referred to as the 'insurer') calls in question the legality of award made by the Second Motor Accidents Claims Tribunal (S. D.) Berhampur (hereinafter referred to as the Tribunal). 2. Factual background as portrayed by the parties is as follows:- A claim was lodged under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') by Smt. Susila Panigrahy and her minor children (hereinafter referred, to as the 'claimants'), claiming a compensation of Rupees 1,50,000/- from Labela Dharma Sahu (hereinafter referred to as the 'owner') and the insurer, on the ground that one Niranjan Pahigrahy (hereinafter referred to as the 'deceased') lost his life on 20-2-1988 in an accident caused by a passenger bus bearing registration No. OCG 7882 belonging to the owner, which was the subject-matter of insurance by the insurer. According to them, the deceased was waiting for a bus, but before he could actually board it, the ve...
Sushil Kumar Tripathy Vs. Pravati Dash and ors.
Court: Orissa
Decided on: Jan-19-1994
Reported in: 78(1994)CLT49; 1994(I)OLR566
K.C. Jagadeb Roy, J.1. The prasent petitioner is one of the 2nd party members in a proceeding Under Section 145, Cr PC in the Court of the Sub-Divisional Magistrate, Bargarh numbered as Criminal Misc. Case No. 97 of 1989. In the present petition, the petitioner has challenged the legality of the order of the learned S D M, Bargarh dated 29-2-1992 passed in the said criminal misc. case wherein the learned Magistrate concluded that the dispute being of civil nature, the parties are advised to resort to civil proceeding if so like while directing the attachment dated 6-6-1989 to continue till otherwise ordered by any competent authority and with such direction has disposed of the proceeding.2. Section 145 and Section 146, Cr PC in the 1973 Code read as follows :'Sec. 145: (1) Whenever an executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries the...
United India Insurance Company Ltd. Vs. Smt. Susila Panigrahy and ors.
Court: Orissa
Decided on: Jan-19-1994
Reported in: II(1994)ACC160
A. Pasayat, J.1. The United India Insurance Co. Ltd. (hereinafter referred to as the 'Insurer') calls in question the Second Motor Accidents Claims Tribunal (S.D.) Berhampur (hereinafter referred to as the 'Tribunal').2. Factual background as portrayed by the parties is as follows:A claim was lodged under Section 110-A of the Motor Vehicles Act, 1939 (in short 'the Act') by Smt. Susila Panigrahy and her minor children (hereinafter referred to as the 'claimants'), claiming a compensation of Rs. 1,50,000/- from Labela Dharma Sahu (hereinafter referred to as the 'owner') and the insurer, on the ground that one Niranjan Panigrahy (hereinafter referred to as the 'deceased') lost his life on 20.2.1988 in an accident caused by a passenger bus bearing registration No. OSC 7882 belonging to the owner, which was the subject-matter of insurance by the insurer. According to them, the deceased was waiting for a bus, but before he could actually board it, the vehicle hit him as a result of which he ...
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