Orissa Court January 1996 Judgments
Rungta Sons Private Ltd. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-29-1996
Reported in: 82(1996)CLT485; 1996(I)OLR376
R.K. Dash, J. 1. M/s. Rungta Sons Private Ltd. owns mines in the districts of Keonjhar and Sundargarh and by virtue of agreements it has been supplying ores to outside purchasers. So far as the mines in the district of Keonjhar are concerned, the ores are carried either by road transport and/or railway using the rail head/railway siding at Barbil. Since ores are transported through Barbil Municipal area, the Municipal authority has been levying and collecting octroi on sales effected within the Municipal jurisdiction even though the ores sold are meant to be consumed elsewhere. Levy of such tax although has no sanction under any statute, the petitioner has been complying with such illegal demands of the municipality on the apprehension that transportation of ores may be brought to a halt by the authority. Referring to a judicial pronouncement of the Hon'ble Supreme Court reported in JT 1994(3) SC 334, where it has been ruled that goods meant to be transported for use or consumption els...
Tag this Judgment!Chinmaya Chemicals (P) Ltd. Vs. Orissa State Financial Corporation and ...
Court: Orissa
Decided on: Jan-29-1996
Reported in: 1996(I)OLR249
R.K. Dash, J. 1. The petitioner by filing the present writ application under Article 226 of the Constitution, seeks for a direction to the Orissa State Financial Corporation (for short 'Corporation') to make payment of a sum of Rs. 10,51,000/- with 18 per cent interest from 2-9-93, the date on which the industrial unit was sold to opp. party No. 3.2. The managing partner of M/s. Chinmaya Chemicals (P) Limited and others established the said industrial unit for production of bleaching powder after availing of loan of Rs. 8,60,000/- from the Corporation. Due to some unavoidable circumstances and marketing problem, it is alleged, the unit sustained huge loss for which loan could not be paid up within the stipulated time. Ultimately in exercise of power under Section 30 of the State Financial Corporation Act. 1951 (for short 'the Act'), the Corporation seized the unit and took over possession of all the assets against the total liability of 8.99 lakhs. The Corporation thereafter sold the u...
Tag this Judgment!Life Insurance Corporation of India Vs. Narmada Agarwalla and ors.
Court: Orissa
Decided on: Jan-29-1996
Reported in: 1(1996)ACC587; 81(1996)CLT688
R.K. Dash, J.1. The aforementioned two Letters Patent Appeals arise out of common judgment passed by a learned Single Judge in First Appeal Nos. 1 and 2 of 1986 confirming the judgment and decree of the Subordinate Judge, Karanjia, in Money Suit Nos. 9 and 10 of 1983. Therefore, this judgment is passed which shall govern both the above appeals.2. Undisputed facts leading to these appeals lie in a narrow compass:One Devakilal Agarwala of Karanjia during his life time had taken two Life Insurance Policies, one for Rs. 80,000/- on 4.2.1971 and the other for Rs. 40,000/- on 13.9.1978. While both the policies were in force, the insured suffered from diabetes for which he was brought to S.C.B. Medica 1 College & Hospital and from there he was taken to Jaslok Hospital, Bombay for treatment. While undergoing treatment in Jaslok Hospital, he expired on 23.6.1982 on account of cardiorespiratory arrest due to infraction following coronary by-pass surgery for triple vessel coronary disease as reve...
Tag this Judgment!Prabhat Kumar Nota Vs. Superintendent of Police, Bhubaneswar and ors.
Court: Orissa
Decided on: Jan-22-1996
Reported in: AIR1996Ori143; 1996(I)OLR332
R.K. Patra, J.1. The petitioner is an advocate who has filed this writ petition by way of public interest litigation. He has alleged that a number of fake institutions in the name of imparting medical education and training have sprung up at Bhubaneswar. According to the petitioner those institutions are unauthorised, unapproved and award fake degrees, diplomas and certificates which have no value. All those institutions have come into being solely for the purpose of making money by inducing and alluring innocent students who easily fall prey to the bait because of unemployment. The petitioner has named three such institutions which are arrayed as opposite parties 2(a), 2(b) and 2(c). They are :1. The State Institute of Medical Science and Technology-cum-Hospital, C/110 (HIC), Baramunda Housing Colony, Bhu-baneswar;2. The Institute of Medical Technology, C/25, BOA Palasapalli, Bhubaneswar; and3. Bhave Institute of Medical Technology, CRP Square, Bhubaneswar. 2. Notice being issued to t...
Tag this Judgment!Smt. Laltoomani Mohanty Vs. First Additional District Judge, Cuttack a ...
Court: Orissa
Decided on: Jan-22-1996
Reported in: AIR1996Ori141; 1996(I)OLR342
R.K. Patra, J.1. This is a petition filed under Article 227 of the Constitution seeking quashing of the judgment and order dated 21-1-1995 (Annexure-2) by which the learned is Additional District Judge, Cuttack in Civil Revision No. 68 of 1994 has set aside the order of the trial Court accepting the report of the survey knowing Commissioner.2. Facts leading to filing of this writ petition briefly are as follows ;compound wall of the petitioner in plot Nos. 2008 and 2012 of hal khataNos. 719 and 677 (corresponding to part plot Nos. 79 and 80 of Sabik khata No. 54) located at Bakha-rabad in Cuttack. It is the allegation of the petitioner that the said opposite parties 2 and 3 constructed the latrine by encroaching upon the compound wall of the petitioner. On 22-11-1990 the petitioner filed a petition praying for appointment of a Civil Court Commissioner to visit the disputed spot and answer on the points indicated in the petition. The opposite parties 2 and 3 filed their objection conten...
Tag this Judgment!Chakradhar Das and anr. Vs. Orissa Bridge and Construction Corporation ...
Court: Orissa
Decided on: Jan-22-1996
Reported in: 1996(I)OLR263
R.K. Patra. J. 1. Being disheartened at the rejection of their prayer to give employment to their son-in-law under the rehabilitation scheme as communicated in the letter dated 29-11-1994 (Annexure-2), the petitioners have filed this writ petition praying for quashing it. They have also prayed for a direction to consider the claim for employment of their son-in-law.2. Briefly stated, the case of the petitioners is that both of them are now past 60 years of age and have no source of income for their livelihood. They were fully dependant upon their son called Harekrushna Das who unfortunately while working as Senior Assistant under the Orissa Bridge and Construction Corporation Limited, died of blood cancer on 12-7-1994. In their old age, they look at their son-in-law Narahari as a source of solace but he is not in a position to render any help to them because of the fact that he is unemployed. According to the petitioners, Narahari has passed M. Com. and being qualified is eligible for ...
Tag this Judgment!Bhaktaram Purohit Vs. Chief Engineer, Electricity and Member T.D.C., O ...
Court: Orissa
Decided on: Jan-22-1996
Reported in: 81(1996)CLT788; 1996(I)OLR369
R.K. Patra, J. 1. The petitioner, a quondam employee of the Orissa State Electricity Board, has filed this petition which has come to be registered as a writ petition in which he has prayed quashing of the suspension order and the departmental proceedings pending against him since 1980. He has further prayed for a direction to the opposite parties to pay him the pensionary benefits.2. Facts :At the material time, the petitioner was serving as Junior Engineer under the Orissa State Electricity Board (hereinafter referred to as 'the Board') which is a statutory body. It is the allegation of the opposite parties that in the year 1933, the petitioner although received about Rs. 73,0600/- from the office of the Board to supply cables through his son in the name and style of 'Ashok Electrical' but he did not supply any material. On the said allegation, he was placed under suspension on 30-6-1980 and a departmental proceeding was started against him in the same year which is still pending, al...
Tag this Judgment!Ananda Chandra Prusty Vs. Orissa Mining Corporation Ltd. and anr.
Court: Orissa
Decided on: Jan-22-1996
Reported in: 1996(I)OLR353
R.K. Patra, J. 1. In this writ petition, the petitioner seeks to quash the office order dated 23-6-1994 (Annexure-10) dismissing him from service as Assistant Accounts Officer of the Orissa Mining Corporation Limited. His appeal filed against the order of dismissal having been dismissed as communicated in letter dated 2-1-1995 (Annexure-II), the petitioner also assails the same.2. At the material time while the petitioner was working as Assistant Accounts Officer in the C. P. F. section of the Orissa Mining Corporation Limited (herein after referred to as the Corporation'), he was served with two charges as per office letter dated 14-6-1991 (Annexure-1) in which he was called upon to explain as to why suitable action should not be taken against him. The petitioner submitted his explanations vide Annexures-2 and 3 denying the charges. The charges were enquired into and the Enquiring Officer in his report has held charge No. 1 to have been established and charge No. 2 as partly establish...
Tag this Judgment!Narayan Badi and ors. Vs. State
Court: Orissa
Decided on: Jan-22-1996
Reported in: 82(1996)CLT181; 1996CriLJ1901
R.K. Dash, J.1. Petitioners (hereinafter referred to as 'the accused persons') faced trial in G. R. Case No. 705 of 1992, in the Court of the Judicial Magistrate First Class, Sambalpur. Upon trial they being found guilty were convicted under Section 323, I. P. C. and sentenced to undergo simple imprisonment for thirty days. Feeling aggrieved, they preferred appeal and the learned Additional Sessions Judge upon hearing, continued trial Court's judgment and dismissed the appeal. Hence this revision.2. The prosecution allegation as borne out from the record is that on 16-7-1992, at about 7.00 a.m. the injured Anantaram Suna (P. W. 3) while returning from the river after taking bath found the accused persons putting fence encroaching upon the public road. When he asked as to why they were doing so, they being infuriated assaulted him with an axe and stones causing injuries. He was removed to Buria Hospital where he underwent treatment. A report of the incident was lodged in the Buria Polic...
Tag this Judgment!The Divisional Manager, Oriental Insurance Co. Ltd., Cuttack Divisiona ...
Court: Orissa
Decided on: Jan-19-1996
Reported in: I(1997)ACC175; 1997ACJ284; AIR1996Ori120; 81(1996)CLT580; 1996(I)OLR217
Pradipta Ray, J.1. The present appeal is against the judgment and award dated June 1, 1993 passed by the Second Motor Accident Claims Tribunal, Cuttack.2. This appeal has been preferred by the Insurance Company mainly on the grounds that the offending vehicle carrying the deceased being a goods vehicle, the Insurance Company is not liable for any compensation to the deceased; that where two vehicles are responsible for the accident, there should be apportionment of the liability between the offending vehicles and that the quantum of compensation awarded by the Tribunal is excessive and unreasonable.3. It appears from the pleadings and the evidence on record that the deceased Jadu-mani Mohanta was a Salesman in the office of the Manager, Livestock Breeding and Diary Farm, Koenjhar. On September 17, 1989, he was returning with some cows purchased for the farm and carried in the offending truck having registration number OIS 1749. The said truck was moving in a high speed and dashed again...
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