Orissa Court May 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Laxman Chandra Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-04-1994
Reported in: 1996(II)OLR32
G.B. Patnaik, J.1. 29 petitioners have assailed the acquisition of their land made by the Government of Orissa by notification dated 25-7-1983. It is alleged in the writ application that though the State Government took recourse to the emergency power under Sub-sections (1) and (4) of Section 17 of the Land Acquisition Act and dispensed with the procedure laid down under Section 5A of the Land Acquisition Act (hereinafter referred to as the 'Act'), but in fact there never existed any urgency which is apparent from the fact that the declaration under Section 6 was made on 24-7-1986 and, therefore, the entire acquisition proceeding is vitiated. These is no dispute with the fact that the notification under Section 4 of the Act was issued on 25-7-1983 as per Annexure-2 and notification under Section 17 (1) and (4) of the Act dispensing with hearing of the objections as provided under Section 5A of the Act was issued on 3-8-1983 as per Annexure-5. Declaration under Section 6 was made and pu...
N.K. Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-1994
Reported in: AIR1994Ori301; [1999]96CompCas49(Orissa)
Payasat, J.1. This is a Letters Patent Appeal against the order of the learned company Judge by which the application filed by the appellant styled as one under sections 391 and 395 read with section 634 of the Companies Act, 1956 (in brief, the 'Act') has been rejected, inter alia, on the ground that the same is not maintainable at the instance of the appellant, he being neither a share-holder nor a member of M/s. Cast Coast Breweries and Distilleries Ltd. (hereinafter referred to as the 'company').2. The facts and events leading to the filing of this appeal as portrayed by appellant are as follows :Appellant is the promoter of companywhich was incorporated on 15-4-1969. There was participation in the equity shares by appellant and his associates to some extent. The other major share-holders are Industrial Development Corporation Limited (in short, 'IDC') and the State Government, Private parties held equity shares to the tune of Rs. 5 lakhs, Appellant with his own effects approached ...
Atul Chandra Adhikari and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-1994
Reported in: AIR1995Ori233; 78(1994)CLT144
Pasayat, J.1. Legality of the orders passed by the authorities exercising power under the Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (hereinafter referred to as the 'Regulation') forms the basis of challenge in this writ application.2. The facts so far as they are relevant for the purpose of disposal of this case are as follows:One Surja Gonduni (Opposite Party No. 4) filed an application before the Sub-Divisional Officer, Nowrangpur (in short, 'SDO') alleging that Atul Chandra Adhikari, the petitioner No. 1 had purchased 3.28 acres of land relatable to plot No. 134 under Khata No. 61 of mouza Umerkote, without requisite permission as the transferee Radhika Gonduni, mother of opposite party No. 4 belonged to scheduled tribe. Several documents were filed in support of the stand. Petitioner Atul resisted the claim by taking the plea that he had purchased land from one Smt. Namita Mukherjee vide registered sale deed No. 177/ 67 for a consi...
Puspa Ranjan Patel Vs. State of Orissa
Court: Orissa
Decided on: May-03-1994
Reported in: 1997(1)ALT(Cri)5; 1994(II)OLR301
G.T. Nanavati, C.J.1. In view of the contrary decisions of this Court on the question as to whether the Orissa Kerosene Control Order, 1962 applies to a consumer or not, the learned single Judge hearing this criminal revision application thought it proper to refer the following question to a larger Bench ;'Whether the Orissa Kerosene Control Order, 1962 applies to a consumer or not ?'2. On 25-1-1988, the accused-petitioner was found carrying kerosene oil measuring 35 litres in two tins. He was prosecuted on the ground that he did not possess any licence, as required by the Orissa Kerosene Control Order, 1962 read with the Government Notification bearing S.R.O. No. 264/82 dated 18-4-1982 issued in exercise of the powers conferred by Clause 8 of the Control Order. The learned Special Judge convicted the accused under Section 7(1)(a)(ii) of the Essential Commodities Act and sentenced him to undergo rigorous imprisonment for three months.3. Before the learned single Judge, the learned Advo...
Anugraha Narayan Tiwari Vs. Tahasildar, Nawapara and anr.
Court: Orissa
Decided on: May-02-1994
Reported in: AIR1994Ori310; 78(1994)CLT467
L. Rath, J. 1. The petitioner against whom two encroachment proceedings, E.C. Nos. 10 and 14 of 1968 were initiated, has come before the Court for declaration of the confirmation of his rights to the lands under orders passed on 12-11-1970 and quashing of the orders passed on 30-6-1978 as also the eviction proceedings initiated and the ultimate eviction pursuant to the orders dated 14-8-1985, compensation in terms of law and quashing of the certificate proceedings initiated against him and the requisitions in Certificate Case No. 176 of 1980 and Nos. 47 and 48 of 1986 and the notices, Annexures 1, 2 and 3 issued in those cases. Though the petitioner in the petition has mixed up the facts relating to the two encroachment cases, yet with reference to the ordersheet of Encroachment Case No. 10 of 1968 filed an Annexure 4, the averments in the petition and the records of the lower Court made available by the learned Additional Government Advocate, the facts emerge as follows. Both the encr...
Chairman-cum-managing Director, Orissa Mining Corpn. Ltd. Vs. Controll ...
Court: Orissa
Decided on: May-02-1994
Reported in: 78(1994)CLT683; (1995)ILLJ381Ori
Pasayat, J.1. The Orissa Mining Corporation Ltd. (hereinafter referred to as the 'Corporation') calls in question legality of the direction given by Controlling Authority under the Payment of Gratuity Act, 1972 (in short 'Act') directing payment of gratuity to Himansu Sekhar Satpathy (hereinafter referred to as 'employee').2. The background facts which are almost undisputed are as under:The employee joined the Corporation as a trainee Accounts Officer on September 14, 1987, worked as ad hoc Accounts officer from April 1, 1988 to May 17, 1989, and as a regular Accounts Officer from May 18, 1989 till September 19, 1992. Thereafter he resigned and joined another organisation. Claim for gratuity was made by him on the ground that he had rendered more than five years continuous service to be entitled to gratuity. Controlling authority held that he was entitled to gratuity. Corporation assails correctness of the conclusion on the ground that under the Orissa Mining Corporation Employees Grat...
The Chairman-cum-managing Director, Orissa Mining Corporation Limited ...
Court: Orissa
Decided on: May-02-1994
Reported in: 1994(II)OLR204
A. Pasayat, J.1. The Orissa Mining Corporation Limited (herein- atter referred to as the 'Corporation') calls in question legality of the direction given by Controlling Authority under the Payment of Gratuity Act, 1972 (in short, the 'Act') directing payment of gratuity to Himansu Sekhar Satpathy (hereinafter referred to as 'employee').2. The background facts which are almost undisputed are as under:The employee joined the Corporation as a trainee-Accounts Officer on 14-9-1987, worked as ad hoc Accounts Officer from 1-4-1988 to 17-5-1989, and as regular Accounts Oificer from 18-5-1989 till 19-9-1992. Thereafter he resigned and joined another organisation. Claim for gratuity was made by him on the ground that he had rendered more than five years continuous service to be entitled to gratuity. Controlling authority held that he was entitled to gratuity. Corporation assails correctness of the conclusion on the ground that under the Orissa Mining Corporation Employees Gratuity Fund Rules (h...
Sri Gobinda Chandra Bisoyi and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-02-1994
Reported in: 78(1994)CLT117; 1994(II)OLR100
D.P. Mohapatra, J.1. The petitioners are members of Jyoti Transport and Service Co-operative Society Limited (for short, 'the Primary Society' ), a primary service co-operative society registered under the Orissa Co-operative Societies Act, 1962 (hereinafter referred to is 'the Act'). The said Society is affiliated to Aska Co-Operative Central Bank Ltd. ('the Central Society', for shortly They have filed this writ petition seeking a declaration that the notice dated 18. 2.1994 issued by the Election Officer. Central Society is illegal and Ultra-virus since it has been made in contravention of the provisions of the Act and in violation of the cardinal principles of representative democracy. They have also prayed for quashing the order dated 17-2-1994 of the Asst. Registrar, Co-operative Societies, Aska Circle (Annexure 3) authorising Sri P.K. Dalai as Authorised Officer of the Society for a period of six months or till the new Committee of management is constituted whichever is earlier ...
- ‹ Prev
- 1
- 2
- Next ›