Orissa Court January 1994 Judgments
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Registrar of Companies Vs. Bipini Behari Nayak
Court: Orissa
Decided on: Jan-18-1994
Reported in: [1996]86CompCas641(Orissa); 1994(I)OLR196
R.K. Patra, J. 1. The Registrar of Companies, Orissa, feeling aggrieved by the order passed by the Second Additional Sessions Judge, Cuttack, in Criminal Appeal No. 68 of 1985, acquitting the respondent of the offence of default in filing the balance-sheet of the company in time punishable under Section 220(3) of the Companies Act, 1956 (hereinafter referred to as 'the Act'), has filed this appeal.2. The appellant filed complaint against Kalinga Advertising and Marketing.Private Limited (hereinafter referred to as 'the company') and five different individuals including the respondent (each of them being described as director except one P. K. Das who was described as managing director) on the allegation that the balance-sheet of the company was not filed in time as required by Sub-section (1) of Section 220 of the Act for which each of them committed an offence punishable under Sub-section (3) of Section 220 of the Act. The said complaint was registered as 2(c) C. C. No. 48 of 1980 in t...
Registrar of Companies Vs. BipIn Behari Nayak
Court: Orissa
Decided on: Jan-18-1994
Reported in: 1995CriLJ1528
R.K. Patra, J. 1. The registrar of Companies, Orissa, being felt aggrieved by the order passed by the Second Additional Sessions, Judge, Cuttack, in Criminal Appeal No. 68 of 1983 acquitting the respondent of the offence of default in filling the balance-sheet of the Company in time punishable under Section 220(3) of the Companies Act, 1956 (hereinafter referred to as 'the Act') has filed this appeal. 2. The appellant filed complaint against Kalinga Advertising and Marketing Private Limited (hereinafter referred to as 'the Company') and five different individuals including the respondent (each of then being described as Director except one P.K. Das who was described as Managing Director) on the allegation that the balance-sheet of the company was not filed in time as required by Sub-section (1) of Section 220 of the Act for which each of them committed an offence punishable under Sub-section (3) of Section 220 of the Act. The said complaint was registered as 2(c) CC No. 48 of 1980 in t...
New India Assurance Co. Ltd. Vs. Suresh Chandra Patra and ors.
Court: Orissa
Decided on: Jan-17-1994
Reported in: II(1994)ACC445; 1994ACJ1245; AIR1994Ori236; 1994(I)OLR300
D.P. Mohapatra, J.1. In this letters patent appeal the judgment rendered by a learned single Judge of this Court in Misc. Appeal No. 385 of 1989 is assailed by the New India Assurance Company Limited which was the insurer of one of the ill-fated vehicles, a mini bus bearing registration No. OSG 5058.2. The facts of the case, shorn of unnecessary details, may be stated thus :On the application filed by the widow, children and parents of the deceased Rashika-raj Panda claiming compensation of Rupees 2,00,000/- (two lakhs) on account of the death of the deceased in the automobile accident which took place on 8-5-86 when the mini bus dashed against a motor cycle on which the deceased was travelling as a pillion rider, M. A. C. No. 227/87 (190/86) was registered before the Second Motor Accident Claims Tribunal, Berhampur. The claimants pleaded that the accident took place solely due to rash and negligent driving of the mini bus by its driver, in which Rashikaraj Panda was seriously injured ...
Sudeep Kumar Dutta Vs. State of Orissa
Court: Orissa
Decided on: Jan-17-1994
Reported in: 1994(I)OLR190
R.K. Patra, J.1. On the allegation that the petitioner had exposed adulterated buffalo milk for sale for human consumption, he was prosecuted Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'the Act' ) in the Court of the Sub-divisional Judicial Magistrate, Panposh. The Trying Magistrate held that the petitioner had kept buffalo milk in his hotel for preparation of food articles which were exposed for sale for human consumption in the hotel and accordingly convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs, 1000/-, against the said conviction and sentence, appeal was preferred by the petitioner which ended in dismissal. In this revision, the petitioner seeks to assail the aforesaid conviction and sentence.2. Prosecution case is that on 12-9-1986 at 10 a. m, the Food Inspector of N. A. C. (C. T. & S, T.), Rourkela inspected the hotel in the name and style of 'Dutta Hotel' of the petitioner at Diesel Colo...
Satyanarayan Samant Vs. State of Orissa, Represented Through the Secre ...
Court: Orissa
Decided on: Jan-17-1994
Reported in: 1994(I)OLR363
A. Pasayat, J.1. Dispute questioning election of a person as a Member of a Samiti held under the Orissa Panchayat Samiti Act, 1959 (in short, the 'Act') is to be filed within fifteen days after the day on which the result of the election was announced, in terms of Section 44-8 of the Act. However, on the petitioner satisfying the Election Commissioner that sufficient cause existed for failure to present the petition within the stipulated period, the Commissioner may condone such failure. As provided in Sub-section (2) of Section 44-6 of the Act, the Subordinate Judge having jurisdiction over the place at which the office of the Samiti is situated is the Election Commissioner. In the case at hand the learned Decided on 17th Jan. 1994, Subordinate Judge, First Court, Cuttack (hereinafter referred to as the 'Election Commissioner') held that Kulamani Guru (opp. party No. 6) satisfied him about existence of sufficient cause for delay in presenta- tion of the petition. According to the peti...
Smt. Minarani Kar Vs. Block Development Officer, Jatni and ors.
Court: Orissa
Decided on: Jan-10-1994
Reported in: AIR1994Ori218; 78(1994)CLT77; 1994(I)OLR372
S.K. Mohanty, J.1. Resolution dated 30-6-1993 passed by Panchayat Samiti, Jatni, declaring the petitioner to have ceased to be member of the Samity on the ground that she absented herself on three consecutive ordinary meetings of the Samiti held on 31-10-1992, 26-12-1992 and 18-2-3993 without previous written permission of the Samiti, is under challenge in this proceeding.2. The stand taken by the petitioner is that she was very much present in the meeting held on 31-10-1992 and that no notice was served on her regarding the meetings scheduled to be held on 26-12-1992 and 18-2-1993 for which she duly lodged her protest in her letters dated 29-12-1992 and 19-2-1993 (Annexures 3 and 4) despatched under certificates of posting (Annexures 5 and 6). So it cannot be said that the petitioner absented herself from three consecutive meetings of the Samiti, for which she ceased to be member of the Samiti under Section 45(2)(iii) of the Orissa Panchayat Samiti Act, 1959. The further stand taken b...
Chakradhar Jena Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-10-1994
Reported in: 1994(I)OLR290
S.K. Mohanty, J.1. The controversy raised in this proceeding is .whether an Inspector of Schools having once approved the managing committee of an aided high school under the provisions of Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991, could modify the same subsequently and substitute a nominated member thereof.'2. Baladi Nuagaon High School is an aided high school. After Coming into force of the aforesaid Rules on 18-12-1991, the question of reconstitution of the managing committee of the said school arose and by order dated 29-8-1992 (Annexure-5) the Inspector of Schools constituted the managing committee with the Tahasildar Khandapara as the President Headmaster of the school in ex otficio capacity as the Secretary, and 9 other members which indicated two' seniormost trained graduate teachers of the school, the District Inspector of Schools (in ex officio capacity), one nominee of the local (MLA another nominee of the Chairman, Noti...
State of Orissa and anr. Vs. Prathibha Prakash Bhavan
Court: Orissa
Decided on: Jan-07-1994
Reported in: AIR1995Ori62
S.C. Mohapatra, J. 1. Defendants are appellants in this appeal against a decree for realisation of Rs. 36,100/- with interest @ 6% per annum from 10-6-1981 till it is realised and costs. 2. Case of plaintiff is that he is owner of a Firm carrying on business of supply of articles with the trade name Prathibha Prakash Bhavan. He received order for supply of articles on 25-2-1981 and supplied articles thereafter transported by common carrier which were received by defendant No. 2 at Hemagiri in Sundargarh district, Value of goods supplied was Rs. 36,100/-. Bills were submitted on 10-6-1991 and despite assurance, the same not having been paid notice under Section 80, C.P.C. has been issued and the suit has been filed for realisation of principal with interest @ 12% per annum. 3. Defendants filed a joint written statement. Their case is that Block Development Officer was not authorised under the financial rules to place orders for such huge quantity. All the articles were not received and ...
New India Assurance Company Ltd. Vs. Ashok Kumar Acharya and ors.
Court: Orissa
Decided on: Jan-07-1994
Reported in: 1995ACJ189; AIR1994Ori220
A. Pasayat, J.1. New India Assurance Company Limited (hereinafter referred to as 'New India') calls in question legality of the award made by the Member, Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short, the 'Tribunal').2. A brief reference to the factual position is necessary for disposal of the appeal.One Ashok Kumar Acharya (hereinafter referred to as the 'claimant') lodged a claim under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') claiming compensation of Rs. 99,999.50 paisa from New India, Jamal Mahammad (respondent No. 2), P. K. Kar (respondent No. 3) and Oriental Fire Insurance Co. Ltd., (hereinafter referred to as the (Oriental'). Basis of claim is described as follows :On 11-10-1984 one Baikuntha Bihari Mishra, who was working as Assistant Conservator of Forest asked the claimant to accompany him to go to Dhaupada on a motor bike bearing registration No. ORG 3484 on official duty. While they were proceeding towards Dhaupada ...
Smt. Diptilata Panigrahi Etc. Vs. Land Acquisition Collector, Balasore ...
Court: Orissa
Decided on: Jan-06-1994
Reported in: AIR1995Ori294
S.C. Mohapatra, J. 1. These two cross-appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), one'by claimant and the other by the Company for whom the land was acquired, are heard together dispending with the preparation of paper books with consent of parties.2. Land of various owners were acquired for Tyre and Tube Project of the Company in villages Bampeda and Chhanapur near Balasore town. Notification under Section 4(1) of the Act was published in the Orissa Gazette Extraordinary No. 1175 dated 1-9-1986. Revenue village Chhanapur is on the National Highway No. 5 where claimant had 3 acres 50 decimals of land which were acquired.3. Land Acquisition Officer classified the entire area to be of two categories. 1 acre 80 decimals were held to have better advantages being adjecent to National Highway and the balance 1 acre 70 decimals were treated to have lesser advantages. Accordingly, Land Acquisition Officr offered compensation for 1 acre 80 ...
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