Orissa Court July 1997 Judgments
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Orissa Power Generation Corporation Ltd. Vs. Z. Engineer's Constructio ...
Court: Orissa
Decided on: Jul-23-1997
Reported in: 1997(II)OLR175
D.M. Patnaik, J.1. The above appeal is against the judgment dated 17.1.1994 of the Subordinate Judge, Bhubaneswar, dismissing the appellant's petition under Sections 30 and 33 of the Arbitration Act (hereinafter referred to as the 'Act') thereby refusing to make the award of the Arbitrator the rule of the Court.2. The dispute relates to non-payment of the dues of the respondent-claimant arising under the contract of agency. Pursuant to the acceptance of the lowest tender of M/s. Z. Engineer's Construction (P) Limited (hereinafter called the 'Agent'), floated by the Corporation (a Government of Orissa undertaking), the parties entered into a contract, the terms being that the claimant company would work as the liaisoning-cum-handling agent of the corporation for procuring 5545 Metric Tonnes of steel materials from the Steel Authority of India Limited from their Bhilai Steel Plant to the site at IB Thermal Power Transmission. It was agreed that for such liaisoning and handling work the A...
Oriental Insurance Co. Ltd. Vs. Pathani Sethi and anr.
Court: Orissa
Decided on: Jul-22-1997
Reported in: 1998ACJ510; 84(1997)CLT446
P.K. Misra, J.1. The insurer has filed this appeal challenging the judgment of the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No. 46 of 1992 directing the payment of Rs. 80,640/- to respondent No. 1.2. Respondent No. 1 had filed the claim application claiming that he was injured while travelling as a labourer in the mini truck belonging to the husband of present respondent No. 2. A common written statement had been filed on behalf of the present appellant and respondent No. 2 denying the allegations made in the claim application. The case was heard analogously with W.C. Case No. 45 of 1992 which had been filed by another labourer who had sustained injury in the same accident. The Commissioner held that both the claimants were, in fact, workmen under deceased K.C. Sahu, the husband of present respondent No. 2, in the mini truck belonging to the aforesaid K.C. Sahu and the injuries had been sustained in the course of employment. On the basis of the medical certifi...
Oriental Insurance Co. Ltd. Vs. Maku Mabakul Khan and anr.
Court: Orissa
Decided on: Jul-22-1997
Reported in: 1999ACJ666
P.K. Misra, J.1. The insurer has filed this appeal challenging the judgment of the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No. 45 of 1992 directing the payment of Rs. 63,466 to respondent No. 1.2. The respondent No. 1 had filed the claim-application claiming that he was injured while travelling as a labourer in the mini truck belonging to the husband of present respondent No. 2. A common written statement had been filed on behalf of the present appellant and respondent No. 2 denying the allegations made in the claim application. The case was heard analogously with W.C. Case No. 46 of 1992 which had been filed by another labourer who had sustained injury in the same accident. The Commissioner held that both the claimants were, in fact, workmen under deceased K.C. Sahu, the husband of present respondent No. 2, in the mini truck belonging to the aforesaid K.C. Sahu and the injuries had been sustained in course of employment. On the basis of the medical certifica...
Manmath Biswal Vs. State of Orissa
Court: Orissa
Decided on: Jul-21-1997
Reported in: 1997(II)OLR198
P.K. Misra, J. 1. The appellant has been convicted under Section 376, Indian Penal Code, and sentenced to undergo R. I. for seven years and to pay a fine of Rs. 2,000/- in default, to undergo R. I. for six months; under Section 366, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs, 500/- in default, to under go R.I: for three months; and under Section 377, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 500/- in default, to undergo R.I. for three months. Though he was also convicted under Section 323, Indian Penal Code, no separate sentence was imposed, all the sentences were directed to run concurrently. 2. The prosecution case is as follows : In the night of 20.10.1990, the victim was travelling in a bus. On the way the bus stopped at Ramachandrapur and it was indicated that the bus would not to go Bato, the destination of the victim. The bus stopped near Ramachandrapur I.B. at about 1 A.M. The driver o...
Ratia Alias Dandha Munda Vs. State
Court: Orissa
Decided on: Jul-21-1997
Reported in: 85(1998)CLT416; 1997(II)OLR436
A. Pasayat, J. 1. In this appeal from Jail, Rathia alias Dandha Munda (hereinafter referred to as 'accused') calls in question legality of order of conviction recorded under Section 302, Indian Penal Code, 1860 (in short the 'IPC') for having allegedly committed murder by intentionally causing the death of a Forest Guard, Abhiram Behera (hereinafter referred to as 'deceased') and also under Section 201, IPC, for causing the evidence of murder to disappear by throwing the dead body with the intention of screening himself from legal punishment, on 27th April, 1991 at about 11 A.M.2. Prosecution version as unfolded during trial is as follows :Deceased was working as a Forest Guard on 27.4.1991 in Kinabaga beat within the Forest Range of Garposh in the district of Sambalpur. As usual, on that day he had been to the forest Kinabaga beat to perform his duty and in course of his visit he found that accused Ratia Munda had engaged labourers who had already cut Sal trees inside Chimka forest an...
Prakash Industries Limited and anr. Vs. Smt. Maitri Shukla and ors.
Court: Orissa
Decided on: Jul-16-1997
Reported in: AIR1998Ori45; 84(1997)CLT316
ORDERP.K. Misra, J.1. T. S. No. 12 of 1997 was filed for specific performance of contract or in the alternative for refund of consideration. In the said suit. State was impleaded by the petitioners in the Court of Civil Judge (Senior Division), Bonai. as defendant No. 3. The suit was admittedly filed without service of any notice contemplated under Section 80(1),C.P.C. Along with the plaint, the petitioners filed a separate application seeking leave under Section 80(2). C.P.C. to file the suit without service of statutory notice on the State Government. The said application having been rejected by the trial Court, the present revision has been filed.2. The main contention of the petitioners is that the trial Court has not considered the question in the light of provisions contained in Section 80(2), C.P.C. Section 80(2). C.P.C. reads as follows :--'80. Notice--(1)...(2) A suit to obtain an urgent of immediate relief against the Government (including the Government of the State of Jammu...
J.J. Spinners Ltd. Vs. the Commissioner of Commercial Taxes and ors.
Court: Orissa
Decided on: Jul-16-1997
Reported in: 84(1997)CLT631; 1997(II)OLR179
A. Pasayat, J.1. Petitioner, a dealer registered under the Orissa Sales Tax Act, 1947 (in short, the 'Act') has questioned correctness of demand of additional security as made by the Sales Tax Officer. Assessment Unit, Dhenkanal by the impugned order dated 3.7.1997 and consequential notice of demand under Annexure-2. Petitioner's grievance is that the said order was passed without grant of an opportunity.2. Learned counsel for the Revenue stated that even if no notice was issued prior to passing of impugned order, the same being revisable in terms of Section 23(4) (a) of the Act, the writ application is misconceived.3. Section 9 of the Act deals with registration of dealers. Sub-section (3-a) of Section 9 deals with security to be paid: Chapter-IV of Orissa Sales Tax Rules, 1947 (in short, the 'Rules') deals with registration of dealers. Rule 7 deals with grant of registration. Sub rule (6) of said Rule provides that the Sales Tax Officer for good and sufficient reason to be recorded, ...
Subash Chandra Sahu Vs. State
Court: Orissa
Decided on: Jul-16-1997
Reported in: 1997(II)OLR194
S.N. Phukan, C.J.1. This appeal has been filed from jail by the accused-appellant Subash Chandra Sahu against the judgment and order of the Sessions Judge, Mayurbhanj, at Baripada, in S. T. Case No. 39 of 1992.['After stating the facts evidence of witness and finding of Sessions Court, The Hon'ble Court held']11. The first point to be determined is whether the accused-appellant gave two blows, as stated by the eye-witnesses P.Ws 2, 3 and 6. As the learned trial Court has disbelieved the case against the accused persons under Section 34, IPC. We have to determine the individual act of the accused-appellant.12. From the evidence of the above three eye-witnesses, we find that on the night of occurrence when they-along with the deceased were returning from the village tank, at the point near the road crossing of the village, accused-appellant Subash along with accused Laba, Nath and Biranchi suddenly appeared being armed with lathi etc. and attacked the deceased Shankarlal. According to th...
Royal Plastics Industries and Anr. Vs. Employees' State Insurance Corp ...
Court: Orissa
Decided on: Jul-15-1997
Reported in: (1998)ILLJ776Ori
Pasayat, J. 1. Petitioner calls in question legality of determination of contribution payable as made by Deputy Regional Director of Employees' State Insurance Corporation, Orissa (in short, the Corporation) under Section 45A of the Employees' State Insurance Act, 1943 (in short, the 'Act')2. Preliminary objection has been raised by Mr, P.P. Ray, learned Counsel for the Corporation stating that petitioner has an effective alternative remedy available under the statute and therefore, the writ application should not be entertained. Mr. B. Mohanty, learned counsel for petitioner submitted that dispute as involved in the case is not covered by any provision of the Act and therefore no other form is available.3. Petitioner has been held to be liable to pay contribution in terms of the Act for various periods. Copies of the Orders of determination have been annexed as Annexures 2,3,4, 11 and 14 and several other communications have been received from the authorities directing payment. Orders...
Sri Khirod Kumar Mohanty Vs. State Education Tribunal and ors.
Court: Orissa
Decided on: Jul-15-1997
Reported in: 84(1997)CLT365; 1997(II)OLR185
S.N. Phukan, C.J.1. This writ petition is directed against the judgment of the State Education Tribunal constituted under Section 24-A of the Orissa Education Act, 1969 (in short, the 'Act').2. Briefly stated, the facts are as follows :-The opposite party No. 8 here in was appointed as Hindi teacher in the School, i.e., Adapal High School in the District of Mayurbhanj in the year 1982. Subsequently, the Secretary of the School did not allow him to sign the attendance register and also prevented him to work in the school from the month of April, 1992. The present petitioner was appointed in his place on 18.4.1992. Being aggrieved with the termination order opp. party No. 8 here in filed an appeal before the Tribunal under Section 24-A of the Act. The operative portion of the order of the Tribunal is as follows : 'Hence' ordered :-- The appeal is allowed on contest. The impugned order of termination dt. 10.5.91 is hereby quashed. The appellant be re-instated in the service forthwith. But...
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