Orissa Court March 1994 Judgments
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Karunakar Rout Alias Thatei Vs. Golak Behari Biswal and anr.
Court: Orissa
Decided on: Mar-04-1994
Reported in: AIR1995Ori110; 78(1994)CLT397
K.C. Jagadea Roy, J.1. This Letters Patent Appeal has been preferred by the plaintiff in Title Suit No. 67/91-1 of the Court of the Subordinate Judge, Athgarh challenging the order of the Hon'ble Single Judge of this Court dated 6-5-1997 allowing the First Appeal No. 120 of 1975 preferred by the defendants.2. The suit of the present plaintiff-appellant was for a declaration that the compromise decree-passed in Title Suit No. 8/68 field at the instance of defendant No. 3 of the Title Suit No. 67/74-1 earlier did not effect his eight annas' interest in the suit property and his interest was npt affected at all by the registered sale deed dated 9-4-1974 executed by the defendant no. 3 (in T.S. No. 67/74-1) in favour of Defendants 1 and 2 who were the sister's sons of Defendant No. 3 and also for a declaration that the plaintiff was entitled to exercise his right of pre-emption in respect of the share of Defendant No. 3 in the suit property and defendant Nos. 1 and 2 are entitled to separa...
Sadasiba Alias Sadananda Nayak and anr. Vs. Baban Sahoo and ors.
Court: Orissa
Decided on: Mar-04-1994
Reported in: AIR1994Ori247
1. Defendants Nos. 3 and 4 are appellants in this appeal.2. Father of defendants had 8 decimals of land in revenue village Birapratappur. Out of these eight decimals, he sold 4 decimals to plaintiff on 14-3-1975 for a consideration of Rs. 2,000/-. But he continued in possession. After death of father of defendants, there was dispute with plaintiff in respect of his purchased land. Therefore, plaintiff filed O.S. 37 of 1977-1 for title and possession. Suit was partly decreed on 30-10-1978 declaring half interest of plaintiff in the 8 decimals of land and defendants were directed to deliver possession of 4 decimals to plaintiff. Appeal by defendants was dismissed on 14-1-1982. Thereafter, in execution of the decree plaintiff took symbolical delivery of possession as his possession was joint with defendants. To get exclusive possession of his purchased land, plaintiff filed the suit on 14-11-1986 out of which this appeal arises for partition.3. All the four defendants contested the suit. ...
Balasore District Co-operative Central Bank Ltd. Vs. Karunakar Das and ...
Court: Orissa
Decided on: Mar-04-1994
Reported in: (1995)IILLJ196Ori
K.C. Jagadeb Roy, J.1. This writ application preferred under Articles 226 and 227 of the Constitution of India is filed challenging the award dated April 22, 1984 passed by the Presiding Officer, Labour Court in Industrial Dispute Case No. 46 of 1975 directing the management to reinstate the present opposite party No. 1 reducing him to the next lower rank carrying lower scale of pay and to pay him back wages in his lower post with effect from July 14, 1972 till reinstatement which comes to about 12 years. The opposite party No. 1 who was a Senior Supervisor, and was posted at Tihidi Branch of the petitioner, was proceeded under a disciplinary proceeding for the alleged misconduct, negligence, dereliction of duty and disobedience to the direction of the authorities and the circulars of the Department with 15 charges which were framed against him vide letter No. 9183 dated June 24, 1970 and the Disciplinary Authority having been satisfied that the charges were established against the pre...
Divisional Manager, United India Insurance Co. Ltd. Vs. Moyana Mazumda ...
Court: Orissa
Decided on: Mar-02-1994
Reported in: 1995ACJ467
A.K. Padhi, J.1. Insurer is the appellant. Appeal has been filed against an order passed under Section 140 directing the appellant to indemnify the owner for its liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').2. A claim petition has been filed by the widow and minor children of one Supriya Mazumdar claiming compensation on account of the accidental death of Supriya Mazumdar (hereinafter referred to as 'the deceased') in a motor vehicle accident on 17.8.1990. In the claim petition it is averred that deceased was working in Branch Office of Mineral Exploration Corporation Ltd., respondent No. 1. After completion of his work in Kanhia block he was returning in the offending vehicle (a jeep) bearing registration No. MZV 3534. Due to rash and negligent driving of the driver, the jeep met with an accident and deceased died at the spot, due to the accident. The application under Section 166 of the Motor Vehicles Act, 1988, was registered as ...
Kulamani Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-02-1994
Reported in: 78(1994)CLT270; 1994CriLJ2245
A. Pasayat, J.1. These two criminal revisions are interlinked as they are directed against a common judgment of the learned Sessions Judge, Dhenkanal.2. The petitioners (hereinafter referred to as the 'accused') faced trial along with two others, namely, Sanatan Sahu and Nilamani Sahu for alleged commission of offences punishable under Sections 147, 326, 324 and 307 of the Penal Code, 1860 (in short, 'IPC'). The learned Asst. Sessions Judge, Angul acquitted Sanatan Sahu and Nilamani Sahu of all the charges, acquitted the accused-petitioners of the charges under Sections 147, 326, 324, IPC, but convicted them under Section 307, IPC and sentenced each one of them to undergo rigorous imprisonment for three years with a direction to set off the period undergone as under-trial prisoner. In appeal the conviction and sentence awarded by the learned trial Judge were maintained by the learned Sessions Judge, Dhenkanal.3. The prosecution case is that on 23-11-1983 at about 9 p.m., immersion proc...
Divisional Manager, United India Insurance Co. Ltd. Vs. Somani Ghosh a ...
Court: Orissa
Decided on: Mar-02-1994
Reported in: 1995ACJ696
A.K. Padhi, J.1. Challenging the direction to the insurer to indemnify the owner regarding the liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the insurer has filed this appeal.2. In the claim petition it is asserted that on 17.8.1990 the deceased after completion of his work in Kaniha Block was returning in a jeep bearing registration No. MVZ 3534 belonging to Mineral Exploration Corporation Ltd. Due to rash and negligent driving of the driver, the jeep capsized, as a result of which he died on the spot. Claimants are the legal representatives of the deceased. An application under Section 140 of the Act was filed on 30.3.1991. The owner of the vehicle appeared and filed its written statement admitting the accident and claimed to be indemnified by the insurer. The insurer appeared and prayed for time to file written statement.3. Basing on the application of the claimants, Tribunal passed the impugned order dated 11.12.1991 directing t...
Narendra Patra Vs. Shiba Narayan Taldi and anr.
Court: Orissa
Decided on: Mar-01-1994
Reported in: AIR1995Ori45
ORDERG.B. Patnaik, J.1. Plaintiff is the petitioner and in this revision assails the order of the Additional District Judge in. Misc. Appeal No. 5/53 of 1989/88. The short question that arises for consideration is whether the defendant not having appeared and not having filed written statement though time was granted for the purpose and a judgment being pronounced on the averments made in the plaint in exercise of powers under Sub-rule (2) of Rule 5 of Order 8, Code of Civil Procedure, an application under Order 9 is at all entertainable. The learned trial Judge held such an application to be not maintainable, but on an appeal being carried, the learned Additional District Judge has held that an application under Order 9 is entertainable and hence the present revision.2. The suit was one for specific performance of contract and the plaintiff prayed for specific performance of execution of the sale deed in respect of the suit properties on receipt of the balance consideration amount of ...
Tata Refractories Limited Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Mar-01-1994
Reported in: [1994]95STC343(Orissa)
A. Pasayat, J.1. Petitioner calls in question legality of the direction given by the Additional Commissioner of Sales Tax to pay Rs. 4 crores against a demand of Rs. 6,29,61,487 raised for the assessment year 1991-92 under the Central Sales Tax Act, 1956 (in short, 'the Act'). The broad break-up of the demand relates to the following alleged non-compliance and/or disallowances :(i) Non-submission of 'C' and 'D' forms ... Rs. 476.36 lakhs(ii) Non-submission of 'H' forms and proofof export ... Rs. 54.59 lakhs(iii) Claim of branch transfer disallowed andsubjected to tax ... Rs. 98.67 lakhs2. The petitioner, a registered dealer under the Act, carries on business of manufacturing and selling different kinds of refractory products. The assessment was completed ex parte on December 9, 1993, on the ground that in spite of several opportunities, relevant books of accounts and/or declaration forms were not produced. The petitioner has filed appeal before the Assistant Commissioner and moved for ...
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