Orissa Court April 1994 Judgments
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Divisional Manager, Oriental Insurance Co. Ltd. Vs. Arjuna Kumar Sahu ...
Court: Orissa
Decided on: Apr-26-1994
Reported in: II(1995)ACC403; 78(1994)CLT289
A. Pasayat, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') the Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of the award made by the Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal').2. On the basis of an application filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'old Act') by Arjuna Kumar Sahu (hereinafter referred to as the 'claimant') M.A.C.T. Misc. Case No. 831 of 1987 was instituted. The claimant claimed compensation of Rs. 1 lakh for the injuries allegedly sustained by him, in an accident which took place on 6.11.1987 at about 8.30 a.m. near Palasuni Check Gate on Cuttack-Bhubaneswar road. According to him, while he was moving in a Hero Honda Motor Cycle bearing registration No. OSU 3805 from cuttack to Bhubaneswar on his left side at a normal speed with his sister-in-law as the pillion rider, a car bearing registration No. OSX 50...
Smt. Hiranyaprava Samantray Vs. Orissa State Financial Corporation and ...
Court: Orissa
Decided on: Apr-25-1994
Reported in: AIR1995Ori1
P.C. Naik, J.1. By this petition under Artciles 226/227 of the Constitution of India, the petitioner prays for issuance of an appropriate writ, direction or order quashing the notice dated 29-7-1993 Annexure 1 to the petition issued under Section 29 of the State Financial Corporation Act, 1951 (hereinafter for short as the 'Act'), requiring the petitioner to pay the short fall amount of Rs. 2,53,550.44 paise. The facts involved in this petition are simple.2. The petitioner was a guarantor in respect of a loan of Rs. 1,75,300/- advanced to one Sri Bansoidhar Samantray by the Corporation. The loan was to carry an interest of 15.05 per cost. The petitioner by way of collateral security had mortgaged some pro-perties with the O.S.F.C. to secure the repayment of the loan. As the borrower defaulted in paying the instalments as per the agreement, the O.S.F.C. in exercise of power under Section 30 of the Act recalled the loan and the truck bearing Registration No. OSU 1918 was seized by the Co...
Tata Robins Fraser Limited and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-25-1994
Reported in: [1994]95STC324(Orissa)
A. Pasayat, J.1. Claim of interest made by the petitioner in terms of Section 14-C of the Orissa Sales Tax Act, 1947 (in short, 'the Act') read with Rule 40 of the Orissa Sales Tax Rules, 1947 (in short, 'the Rules') having been rejected by the authorities, this Court has been moved for interference.2. Fact situation is almost undisputed. Petitioner was assessed to sales tax for the assessment years 1988-89 and 1989-90. On the basis of orders of assessment dated August 2, 1991, petitioner was found entitled to refund of Rs.16,286.30 and Rs.14,51,919 respectively. Refund applications were filed on August 31, 1991 and the amounts in question were paid to petitioner on April 7, 1992, vide refund payment order-cum-payment advice Nos. 1351 and 1353 of the said date. After receipt of refund vouchers, Sales Tax Officer, Rourkela I Circle (opposite party No. 3) was moved by petitioner for payment of interest. Interest was claimed on the total amount of Rs. 14,68,226 in terms of Section 14-C of...
Tata Robins Fraser Ltd. and anr. Vs. State of Orissa, Represented Thro ...
Court: Orissa
Decided on: Apr-25-1994
Reported in: 1994(II)OLR158
A. Pasayat, J.1. Claim of interest made by the petitioner in terms of Sea. 14-C of the Orissa Sales-tax Act, 1947 (in short, the 'Act') read with Rule 40 of the Orissa Sales-tax Rules, 1947 (in short, the Rules') having been rejected by the authorities, this Court has been moved for interference.2. Fact situation is almost undisputed. Petitioner was assessed to sales-tax for the assessment years 1988-89 and 1939-90. On the basis of orders of assessment dated 2-8-1991, petitioner wss found entitled to refund of Rs. 16,288.38 and Rs. 14,51,919.00 respectively. Refund applications were filed on 31-8-1991 and the amounts in question were paid to petitionar on 7-4-1992, vide refund payment order-cum-payment advice Nos. 1351 and 1353 of the said date. After receipt of refund vouchers. Sales-tax Officer, Rourkeia 1 Circle (opp party No. 3) was moved by petitioner for payment of interest. Interest was claimed on the total amount of Rs. 14,63,226.00 In terms of Section 14-C of the Act read with...
Union of India (Uoi) and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-22-1994
Reported in: 78(1994)CLT36
S.K. Mohanty, J.1. Union of India through the two petitioners who are high ranking Engineers of South Eastern Railways challenge the liability of the Indian Railways and their contractors for payment of royalty and cess to the State Government, in respect of materials recovered from railway land and utilised in construction and laying down of railway lines.2. For Morapur-Rayagada Railway line and Raipur-Vijayanagaram doubling railway line projects, certain lands were acquired by the State of Orissa and possession of the same was handed over to the Railways, who have also paid compensation as fixed under the Land Acquisition Act. After taking over possession, the railways took up the work of laying down railway lines and utilised materials namely the rock-cut spoils and earth recovered during excavation. In respect of such materials the Tahasildars, Koraput, Rayagada and Patangi initiated proceedings for realisation of royalty and cess from the railways and its contractors. They and the...
New India Assurance Company Vs. Ara Bibi and ors.
Court: Orissa
Decided on: Apr-22-1994
Reported in: I(1995)ACC138; 1995ACJ14; 78(1994)CLT573; 1994(II)OLR1
R.K. Patra, J.1. The insurer is in appeal challenging the award of Second Motor Accident Claims Tribunal, Cuttack, granting compensa- tion of Rs. 1, 30, 000/- in favour of respondents 1 and 2 with interest at the rate of 6% per annum from the date of the claim petition till realisation.2. Respondent No. 1 is the widow and respondent No. 2 is the mother of the deceased late Mahibub Saha. Their case is that the deceased was a bus driver and was earning Rs. 800/- per month. On 15-12-1989 in the morning while he was going on the left side of the road at Badarnbadi bus-stand, the offending bus bearing registration number OSU 7614 came from Link road side being driven rashly and negligently in high speed and dashed against the deceased who died at the spot. Respondent No. 3. the owner of the vehicle, contested the case by filing written statement. It was stated in the said written statement that the accident took place on account of careless- ness of the deceased and the driver of the offend...
Bibhuti Bhusan Mohapatra and ors. Vs. the State of Orissa, Represented ...
Court: Orissa
Decided on: Apr-22-1994
Reported in: 78(1994)CLT665; 1994(II)OLR79
L. Rath, J.1. The petitioners are Private Secretaries of the Judges of the Orissa High Court seeking the relief of retrospective operation of the Home Department's resolution of 27-7-1991 (Annexure-7) granting them the Class-lI gazetted status and the scale of pay of Rs. 1976-2975/- with effect from 1-1.1-1986 and some other reliefs. During the hearing of the case the claim was developed for retrospective grant of the scale of pay from 1-2-1985, the date from which the Private Secretaries of the Secretariat received the scale of pay. The facts placed by the petitioners for claiming the reliefs are that the Personal Assistants of the Judges of the Orissa High Court, which from the cadre from which promotion to the post of Private Secretary is made, were allowed relief of the scale of pay of Rs. 1365-2385 with effect from 1-11-1986 as per the Government's Setter dated 30-9-1989 in pursuance of the judgment of this Court reported in 68 (1989) CLT 760 (Narayan Sahoo v. State), Because of s...
Rajendra Prasad Mishra Vs. State of Orissa, Represented Through Its Se ...
Court: Orissa
Decided on: Apr-21-1994
Reported in: 78(1994)CLT88; 1994(I)OLR593
A. Pasayat, J.1. Petitioner calls in question legality of office Order dated 14-12-1992 passed by the Inspector of Schools, Balangir Education Circle (opp. party No. 2) vide Annexure-6 to the Writ application relating to reconstitution of managing committee of Khari High School in the district of Balangir. Petitioner's case is that the said action is clearly contrary to the provisions relating to re-constitution as provi- ded in the Orissa Education (Establishment, Recognition and Management of Private High Schools) Rules, 1991 (in short, the 'Rules')2. Background facts as portrayed by petitioner are as follows :Tahasildar, Sonepur was nominated by the Sub-Collector of the concerned subdivision to be the president of the institution in his ex officio capacity. Tahasildar nominated four persons, including the petitioner, to be members of the managing committee. A letter was sent by the Tahasildar in this regard on 30-4-1992 to the Headmaster of the institution, who is the ex officio Sec...
Manjula Nayak Vs. Rama Chandra Nayak
Court: Orissa
Decided on: Apr-19-1994
Reported in: 1994(I)OLR520
R.K. Patra, J.1. On the basis of the complaint filed by the appellant, the respondent was prosecuted for the offence of bigamy punishable Under Section 494 of the Indian Penal Code (in short 'IPC'). The trial Judge acquitted the respndent holding that the appellant was not able to establish the case against the respondent beyond reasonable doubt. The said order of acquittal is under challenge in this appeal.2. It is the allegation of the appellant that she married to the respondent on 22-6-1979 as per the Hindu customs and rites and both of them lived together as husband and wife. During the year 1980, she (the appellant) was ill and bed ridden and neither the respondent nor any members of his family took care of her for which she came back to her father's house. It is the allegation of the appellant that during the period of her absence, the respondent remarried one Pravati in the temple of Lord Jagannath at Jajpur for the second time as per the Hind customs and rites and now both the...
Nightingale Engineering Industries Pvt. Ltd. Vs. Sibapada De and ors.
Court: Orissa
Decided on: Apr-19-1994
Reported in: 1995CriLJ1523
ORDERA. Pasayat, J. 1. Can Magistrate take action under Section 145 of the Code of Criminal Procedure, 1973 (in short, the 'Code') in respect of movable property is the question raised in this application. 2. Background facts sans unnecessary details are as follows: An application for taking action under Section 144 of the Code was filed by one Akshaya Kumar Sahoo (opp. party No. 2) before the Executive Magistrate, Cuttack. The application was registered as Criminal Misc. Case No. 495 of 1992. The case of Akshaya was that his father had entered into an agreement for transfer of ownership of DCM Toyata minibus bearing registration No. OR-05A-0571, paid Rs. 50,000/- on 6-1-1993 to Arakhita Sahoo (opp. party No. 3) and had obtained a money receipt. He took possession of the bus, used to pay road tax in every month for plying the bus from Adhani Kujang to Bhubaneswar. From time to time he used to get the bus repaired in the workshop of Kalinga Auto Centre (P) Ltd., (opp. party No. 4) on pa...
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