Orissa Court May 1995 Judgments
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ipitata Sponge Iron Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-05-1995
Reported in: 1995(II)OLR237; [2001]122STC259(Orissa)
P. Ray, J. 1. In order to accelerate the pace of industrial growth in the State and to attract industrialists to set up industries in industrially backward areas, the State of Orissa adopted a new industrial policy in 1980 (hereinafter described as 'the Policy of 1980'). One of the incentives provided for the said Policy of 1980 was regarding sales tax.2. For large/medium industries it was provided in the Policy of 1980 that :'Large and medium industries whether new or intending to expand or diversify shall be eligible for interest-free sales tax loan equivalent to the sales tax paid within the State by the units during the first five years subject to an annual maximum limit of 10 per cent of the capital invested, but not exceeding Rs. 25 lakhs per year. The loan shall be repaid after 10 years of each year's drawal.'3. In pursuance of the said Policy of 1980 the State Government framed Orissa Sales Tax Loan Rules, 1980 laying down the method and procedure for claim, determination, sanc...
Rajaram Pattnaik Vs. Indian Metal and Ferro Alloys Limited
Court: Orissa
Decided on: May-05-1995
Reported in: 1996CriLJ732
ORDERA. Pasayat, J.1. This is an application for exercise of revisional and inherent jurisdiction under Sections 397 and 401, read with Section 482 of the Code of Criminal Procedure, 1973 (in short, the 'Code').2. This is the second journey of the petitioner to this Court. Earlier the petitioner was before this Court in Criminal Misc. Case No. 1065 of 1991. From order dated 21-1-1992, it appears that the petitioner's prayer to quash the proceeding before the learned Judicial Magistrate, first class, Bhubaneswar (in short, 'JMFC') was not in essence accepted, and the learned counsel for petitioner wanted to withdraw the application stating that the petitioner shall raise objection relating to legality of cognizance under Section 408 of the Indian Penal Code, 1860 (in short, 'IPC') at the appropriate stage. The plea relating to quashing of proceeding on the ground of passage of considerable time was not pressed as is evident from the said order, because the only ground on which the appli...
Akhaya Behera Vs. State of Orissa
Court: Orissa
Decided on: May-04-1995
Reported in: 1996CriLJ334
A. Pasayat, J.1. These two appeals are interlinked as they are directed against the same judgment of conviction and sentence dated 1-5-1992 passed by learned Assistant Sessions Judge, Jagatsinghpur in S.T. No. 249 of 1991. Since the points for determination are common, this judgment shall govern both the appeals.2. The appellants, also described hereinafter as accused, faced trial before the learned Assistant Session Judge, Jagatsinghpur on the accusation of having committed offences punishable under Sections 457/395/392 of the Indian Penal Code, 1860 (in short, 'IPC'), and under Section 9(b) of the Indian Explosives Act, 1884 (in short, the 'Explosives Act'). It was alleged that they along with others committed lurking house trespass by night by entering into the house of informant Mukunda Rath (P.W. 49), and committed dacoity with deadly weapons, and were in possession of explosive substances which were used at the time of commission of dacoity. Though accusations related to a number...
Birla Tyres (Kesoram Industries) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-1995
Reported in: (1998)IIILLJ623Ori
G.B. Patnaik, Actg. C. J.1. The short question that arises for consideration is as to whether an office-bearer of an association of employers can be held to be an officer within the meaning of Section 36(2)(a) of the Industrial Disputes Act, 1947.2. In the case at hand, the so-called officebearer was the chairman and he was a lawyer. His right to represent the employer was rejected by the Tribunal on a finding that he is in fact an officer of the association of employers within the ambit of Section 36(2)(a) of the Act. In coming to the aforesaid conclusion, the learned Tribunal has relied upon the decision of this Court in the case of Kalinga Studios Ltd. v. Presiding Officer, Industrial Tribunal, (1994-II-LLJ-108), as well as the decision of the Supreme Court in the case of Paradip Port Trust v. Their Workmen, (1976-II-LLJ-409). We have carefully read the decisions referred to by the learned Tribunal. The Supreme Court decision is quite clear on the subject inasmuch as in paragraph 16...
Bharat Chandra Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-03-1995
Reported in: 81(1996)CLT820; II(1996)DMC202
A. Pasayat, J.1. In this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') petitioner questions legality of the order passed by the learned Sub-divisional Judicial Magistrate, Anandapur (in short, 'S.D.J.M.') rejecting petitioner's prayer to discharge him. Accusations relate to alleged commission of offences punishable under Sections 494 and 498A of the Indian Penal Code, 1860 (in short,' I.P.C). Petitioner's stand before the learned S.D.J.M. was two folds. Firstly, in the absence of a complaint as provided under Section 198 of the Code, there was no scope for taking cognizance. Secondly, the ingredients necessary to constitute offence punishable under Section 498A are absent, and in any event proper approach before the prescribed authority as stipulated under the Schedule to the Code having not been made the proceeding itself was nullity. The learned S.D.J.M. did not accept the contentions and directed continuance of the proceeding.2. The poi...
Sarat Chandra Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-03-1995
Reported in: 1995(II)OLR582
A. Pasayat, J. 1. In this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') petitioner questions legality of the order passed by the learned Subdivisional Judicial Magistrate, Anandapur (in short, 'SDJM') rejecting petitioner's prayer to discharge him. Accusations relate to alleged commission of offence punishable under Sections 494 and 498A of the Indian Penal Code, 1860 (in short, 'IPC'). Petitioner's stand before the learned SDJM was two fold. Firstly, in the absence of a complaint as provided under Section 198 of the Code, there was no scope for taking cognizance. Secondly, the ingredients necessary to constitute offence punishable under Section 498A are absent, and in any event proper approach before the prescribed authority as stipulated under the Schedule to the Code having not been made the proceeding itself was a nullity. The learned SDJM did not accept the contention and direct continuance of the proceeding.2. The points urged before...
Divisional Manager, United India Insurance Co. Ltd. Vs. Purna Chandra ...
Court: Orissa
Decided on: May-02-1995
Reported in: 1996ACJ640; (1996)IIILLJ1071Ori
A. Pasayat, J. 1. In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short, the 'Act') legality of the award made by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack (in short, the 'Commissioner') is under challenge. The said award was made on adjudication of a claim made by respondent No. 1 Purna Chandra Palei (hereinafter referred to as 'claimant') claiming compensation for allegedly having sustained injuries in course of his employment as driver of a truck bearing registration No. 6777 owned by respondent No. 2, Khetra Mohan Pahi at Pahi (hereinafter referred to as 'owner'). The assertion made by the claimant in the claim petition was to the effect that on June 27, 1993, while he was checking pressure of a tyre of the vehicle, another truck dashed against it as a result of which he sustained injuries. His age was stated to be 22 years, and salary Rs. 2,000/- per months. He claimed to have been treated at various places inclu...
Hrushikesh Pradhan and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-02-1995
Reported in: 1995(II)OLR30
A. Pasayat, J.1. Petitioners call in question legality of direction given by learned Addl. Sessions Judge, Kendrapara for implection of present petitioners as accused in terms of Section 319 of the Code of Criminal Procedure, 1973 (in short, the 'Code').2. Learned Public Prosecutor filed a petition to implead present petitioners as accused on the ground that evidence already on record clearly indicated their responsibility for offence, for which others were facing trial. Learned Addl. Sessions Judge found that though majority of the witnesses had not stated anything about the alleged role played by the present petitioners during investigation, yet their evidence in Court amply reflected their role in the alleged occurrence. That is why he directed their impletion.3. Mr. S. K. Sahu, learned counsel for petitioners submits that power under Section 319 of the Code is not to be exercised in the routine manner and there has to be careful analysis of material to arrive at an objective conclu...
Amulya Kumar Behera Vs. Nabaghana Behera Alias Nabina and ors.
Court: Orissa
Decided on: May-02-1995
Reported in: 1995CriLJ3559; 1995(II)OLR97
A. Pasayat, J.1. This is an application in terms of Section 378(4) of the Code of Criminal Procedure, 1973 (In short, the 'Code') for grant of special leave to appeal from the order of acquittal in a case instituted upon a complaint by the present petitioner. Notice was issued to the opp. parties on the question of grant of leave.2. On the accusation of having committed an offence punishable under Section 506 of Indian Penal Code, 1860 (in short, IPC), the opp. parties faced trial. Learned Judicial Magistrate First Class, Puri (in short. 'JMFC') recorded an order of acquittal holding that the complainant has not proved his case.3. Complainant's version essentially runs as follows :The occurrence took place on 25-2-1992 in a village road. Accused persons surrounded the complainant, abused him in filthy language and had the witnesses examined not intervened, he would have suffered further injuries in addition to injuries sustained on account of fist blows given by Nabaghan, alias Nabina,...
Divisional Manager, National Insurance Co. Ltd. Vs. Jayashree Rath and ...
Court: Orissa
Decided on: May-01-1995
Reported in: 1996ACJ472
R.K. Patra, J.1. This appeal on behalf of National Insurance Co. Ltd. is directed against the judgment and order of the Third Motor Accidents Claims Tribunal, Puri, by which it has granted a sum of Rs. 7,20,000/- as compensation in favour of respondent Nos. 1 to 5 who are the legal representatives (widow, son, daughter and parents) of Sanjay Kumar Rath who died in the automobile accident.2. The case of respondent Nos. 1 to 5 is that Sanjay Kumar Rath was a Mechanical Engineer and was working as Surveyor and Loss Assessor of general insurance companies at the material time. On 27.5.1987, respondent No. 6, P.V.L.N. Swamy, Branch Manager of the Oriental Insurance Co. Ltd., Cuttack (hereinafter referred to as 'Swamy') and A.K. Behera, Development Officer of the Oriental Insurance Co. Ltd., Cuttack, came from Cuttack in the Premier Padmini car No. OAC 5166 belonging to Swamy to the residence of deceased Sanjay at Bhubanes-war and requested him to accompany them to Puri. On being so requeste...
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