Orissa Court August 1997 Judgments
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Orissa Minerals Development Co. Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-19-1997
Reported in: (1998)IILLJ1034Ori
Susanta Chatterji, J.1. The present writ petitions have been filed by the Orissa Minerals Development Co. Ltd., a Government Company within the meaning of the Companies Act, 1956 (for short 'the Act') against Central Provident Fund Commissioner and Regional Provident Fund Commissioner, opposite party Nos. 2 and 3 respectively, be-sides the Union of India through its Secretary,' Ministry of Labour.2. The petitioner-company in O.J.Ss.4476 and 4477 of 1994 has prayed, inter alia, for the following reliefs:To issue - a. A writ/order and/or direction in the nature of mandamus commanding the opposite parties and each of them to show cause why the said notification dated May 17, 1989 being Annexure-1 to the petition and the order of the opposite Party No. 3 and Demand Notice Annexure-3 series should not be set aside and/or quashed. b. A writ/order and/or direction in the nature of mandamus commanding the opposite parties and each of them to refrain from giving effect to the impugned notificat...
Sankarsan Das Vs. Grid Corporation of Orissa Ltd. and ors.
Court: Orissa
Decided on: Aug-19-1997
Reported in: 1998ACJ1420; 84(1997)CLT805; 1997(II)OLR452
A. Pasayat, J.1. One Jaitri Das lost her life on account of electrocution on 2.4. 1994. Her husband has filed this application for a direction to the Grid Corporation of Orissa Limited for (in Short, 'the Corporation') payment of compensation. It is to be noted here that earlier Orissa State Electricity Board (in short, 'OSEB') was opposite party No. 1 and the Corporation has been substituted after it took over OSEB.2. Petitioner's case in short is that the Jaitri (hereinafter referred to as (these 'deceased') was about 47 years, got electrocuted due to snapping of electric wire from the pole, while she was going to bring water from the public tube well in village Thouri under the jurisdiction of Kendrapara Police Station. Snapping of the line was on account of gross negligence and improper maintenance of the electric wire. While the accident has been accepted by the opposite parties, it has been stated that the allegation of improper maintenance is not correct. On the contrary due to ...
Pradip Kumar Das Vs. Smt. Abanti Das and anr.
Court: Orissa
Decided on: Aug-14-1997
Reported in: AIR1998Ori26
Pasayat, J. 1. A pointt regarding maintainabilitty of the appeal has been raised on the ground that the appeal is incompetent in view of the bar imposed under Section 96(3) of the Code of Civil Procedure, 1908 (in short, the 'Code'). The learned counsel for parties were heard at length on the question. 2. The factual position is almost undisputed, and noted in brief is as follows : A suit was filed by the appellant as plaintiff for partition by metes and bounds. Same was numbered as O. S. No. 29 of 1990, Class I in the Court of Subordinate Judge, Balasore, (as the Court was designated then). Respondents 1 and 2 are mother and brother of the appellant respectively, who were defendants in the suit: On 26-3-1990 a petition for compromise was filed which was read over and explained to the parties and was admitted. The learned subordinate Judge recorded the compromise, and decreed the suit finally in terms of the compromise petition being of the view that the petition for compromise was law...
Smt. Anima Mishra Vs. Smt. S. Venkataratnam and ors.
Court: Orissa
Decided on: Aug-14-1997
Reported in: 1997(II)OLR288
D.M. Patnaik, J. 1. The present revision is by the plaintiff-petitioner against the order dated 9.11.1994 of the Civil Judge (Senior Division), Bhubaneswar allowing the petition of the defendants under Order 9, Rule 13 Civil Procedure Code, thereby restoring the suit for specific performance of contract.2. The plaintiff-petitioner's case is, one S.L. Narasingham, husband of opposite party No. 1, and father of opposite parties 2 to 4 entered into an agreement on 4.9.1982 with the plaintiff to sell his land and house for a consideration of Rs. 65,000/- and put the plaintiff into possession. He agreed to execute the registered sale-deed after obtaining permission from the Government. But unfortunately before he could do this, he died on 21.6.1984. When the petitioner approached the opposite parties, they refused to execute the sale-deed and hence the plaintiff filed the suit.3. Defendants did not appear in spite of notice and ex parte decree was passed on 9.7.1987. On 5.9.1989, that is mo...
Dipak Handling Agency Vs. the Minerals and Metals Trading Corporation ...
Court: Orissa
Decided on: Aug-14-1997
Reported in: 84(1997)CLT560; 1997(II)OLR284
D.M. Patnaik, J. 1. The petitioner assails the action of the opposite party No. 1, the Minerals and Metals Trading Corporation Ltd., Barbil (for short 'M.M.T.C.') cancelling his tender and giving the contract to the opposite party No. 2, as arbitrary and violating the principles of natural justice.2. The petitioner's case is, opposite party No. 1 is a Government of India Undertaking Corporation. It floated tender dated 15.3.1996 under Annexure-1 inviting offer from approved contractors for loading (by hand and machine), levelling of iron ore unloaded in their dumps at Barbil, Banspani, Barajamda, Noamundi and Gua. The petitioner, a contractor, along with others including opposite party No. 2 submitted tenders after observing all formalities relating thereto and tenders were scheduled to be opened on 25.3.1996 at 4'O clock. It is his further case that the tenders were not opened as per the scheduled time but surprisingly on 22.4.1996 the petitioner received letter of the opposite party ...
Anjana Mishra Vs. Indrajit Ray (Advocate General)
Court: Orissa
Decided on: Aug-08-1997
Reported in: 84(1997)CLT438; 1997(II)OLR255
S.N. Phukan, C.J.1. By this common order, we dispose of the present batch of writ petitions (except OJC 8296/97), as they are closely interlinked. 2. The starting point of the various cases is a report lodged by Mrs. Anjana Mishra (in short. 'Anjana')alleging dowry torture and other, abberations, which set law into motion. Her husband, Shri Subash Chandra Mishra (in, short. 'Subash'), sister-in-law Smt. Rajlaxmi Misra, (in short, 'Rajlaxmi',). and Ors. were named to be the culprits.3. O. J. C. No. 8296 of 1997 was filed by Subash. Mrs. Anjana and Mr. Subash were married in February, 1987. Thereafter, marital discord arose. There was allegation regarding mental illness of Anjana and she was treated in some hospitals and mental asylums. A divorce petition was filed by Subash. who belongs to the Indian Forest Service which is still pending. A prayer was made in the writ petition to hand over investigation of the case to the Central Bureau of Investigation (C.B.I., for short). Other prayer...
Gannon Dunkenley and Co. Ltd. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Aug-06-1997
Reported in: [2003]133STC534(Orissa)
A. Pasayat, J.1. Petitioner calls in question the legality of order passed by the Sales Tax Officer, Sambalpur III circle rejecting its application for refund made under Section 14 of the Orissa Sales Tax Act, 1947 (in short, 'the Act') on the ground that the amount to be refunded has been withheld by the Commissioner of Sales Tax, Orissa, by his order in terms of Section 14-D of the Act. As the said order of Commissioner was not annexed to either the writ application or the counter-affidavit filed by opposite parties, production of relevant records was directed. Records were produced by the learned counsel for the Revenue for our perusal.The relevant orders as appear from the records passed by the authorities including that of the Commissioner read as follows :'Preceding notes.The first appeal order dated January 16, 1995 from which refund flows is the subject-matter of second appeal filed by the State. In view of the amount of security available with the department, in case the secon...
Divisional Manager, National Insurance Company Ltd. Vs. Jayashree Rath ...
Court: Orissa
Decided on: Aug-05-1997
Reported in: 1999ACJ889; 1997(II)OLR342
A. Pasayat, J. 1. In this Letters Patent Appeal, National Insurance Company Ltd. (hereafter referred to as 'insurer') has called in question legality of judgment passed by a learned Judge of this Court in Misc. Appeal No. 344 of 1992.2. At the threshold it is necessary to take note of few relevant facts, which have contributed to the filing of this appeal.On 27. 5.1987 one Sanjay Kumar Rath (hereinafter referred to as 'deceased') lost his life in an automobile accident. A Premier Padmini Car bearing No. OAX 5166 was involved in the accident. The said vehicle was owned by P.V.L.N. Swamy, Branch Manager of Oriental Insurance Co. Ltd. (hereinafter referred to as 'Swamy'). Legal representatives of deceased Sanjay lodged a claim under Section 110-A of the Motor Vehicles Act, 1939 (in short, 'the 'Act') claiming compensation of Rs. 19,26,000/-. Claims application was registered as M.A.C.T. Misc. Case No. 482 of 1987 and was disposed of by Third Motor Accident Claims Tribunal, Pun (hereinafte...
Araf Mulla, Vs. State
Court: Orissa
Decided on: Aug-05-1997
Reported in: 1997(II)OLR247
P.K. Misra, J.1. Both the appeals arise out of the same Judgment and are being disposed of by one common order.2. The three appellants were prosecuted under Sections 457 and 395 read with Section 397 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.'); under Section 27 of the Indian Explosives Act and 9B(b) of Explosive Substances Act, on the allegation that they have committed dacoity in the night of 21/22/12/1990 at Bargarh and taken away a cash amounting to Rs. 68,000/- and wrist watches from Sitaram Service Station (Petrol Pump). The three appellants have been convicted under Sections 457 and 392, I.P.C.; under Section 9-B(b) of the Indian Explosives Act and sentenced to undergo rigorous imprisonment for five years, nine years and one year respectively. All the sentences were directed to run concurrently.3. The order of conviction was passed on the evidence of P.Ws. 1, 2, 3 and 5 who were the employees of the said Petrol Pump. Apart from the four eye witnesses, prose...
Nikunja Kishore Parida Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-05-1997
Reported in: 1997(II)OLR249
P.K. Misra, J.1. The court-fee payable in the appeal is Rs. 4, 146.75 paise as reported by the Stamp Reporter. The appellant had. however, paid court-fee of Rs. 6,754/- obviously by mistake. On the basis of an application of the appellant for refund of excess court-fee, this Court directed the Stamp Reporter by order dated 23.8.1995 to examine the question and on further examination, the Stamp Reporter by note dated 2.9.1995 indicated that, in fact, an excess court-fee of Rs. 2,607.25 paise had been paid. On 19.9.1995, this Court directed that the excess court-fee paid by the appellant be refunded. Thereafter the office in its note dated 1.7.1997 has indicated that the court-fee had been paid by the appellant in denominations of Rs. 5000/- Rs. 2000/-Rs. 200/- Rs. 50/- and Rs. 4/- and court-fee of Rs. 5000/- may not be fractioned and the appellant may be directed to take refund of the entire court-fee and to pay court-fee of Rs. 4,146.75 paise afresh. This is how the matter has again be...
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