Orissa Court October 1998 Judgments
Eastern Metals and Etc. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-1998
Reported in: AIR1999Ori140; 86(1998)CLT792
D.M. Patniak, J.1. Petitioner No. 1, a private company through its Managing Director(petitioner No. 2), challenges the provisional licence issued by the State Government under Section 14 of the Orissa Electricity Reforms Act, 1995 thereinafter called as the 'Reform Act') infavour of the Grid Corporation of Orissa Limited (for short, the 'Gridco') for distribution, transmission and supply of electricity power in the State as ultra vires as well as Gridco's authority in enhancing the tariff as arbitrary and against the law. This is also the allegation of all the other petitioners in the writ petitions named above and the present judgment will govern all these cases heard analogously with this case.2. Petitioner's case, is, it is a small scale industrial unit engaged in the business of manufacture and sale of low carbon ferro alloys. It started its commercial production from 4-1-1984. The company had earlier entered with an agreement with the Orissa State Electricity Board (for short, the...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Sankarsana Dalai and anr.
Court: Orissa
Decided on: Oct-30-1998
Reported in: 87(1999)CLT772; (1999)IIILLJ1380Ori
P.K. Misra, J.1. This appeal under Section 30 of the Workmen's Compensation Act (in short, the 'Act') at the instance of the Insurance Company is directed against the award of the Workmen's Compensation Commissioner (in short, the 'Commissioner'), Bhubaneswar, in W.C. Case No. 62 of 1996.2. The claimant respondent No. i claims that he was working as a coolie under the owner of the truck bearing registration No. O.S.C. 4616. It is alleged that the truck met with an accident on May 13, 1992, as a result of which the claimant sustained severe injuries on his head in the said accident arising out of and in course of his employment. The very same claimant had earlier filed a claim application before the Commissioner, Cuttack, but the said claim application was withdrawn. The owner while admitting about the accident and the employment of the present claimant, contended that the monthly income of the claimant was Rs. 900/- and further contended that the compensation, if any, should be paid by...
Tag this Judgment!Abadhuta Biswal and anr. Vs. the State and anr.
Court: Orissa
Decided on: Oct-29-1998
Reported in: 1999(I)OLR85
P.K. Misra, J.1. The members of second party in a proceeding Under Section 133, Code of Criminal Procedure, have filed this revision challenging the legality of the order dated 26th November, 1997, making the conditional order dated 14.10.1997 absolute and thereby directing the second party members to remove the trees standing on the disputed land.2. It is not necessary to notice in detail the facts. Suffice if to say that after a notice Under Section 133(1), Cr. P.C. was served on the present petitioners, a written statement was filed denying the allegations made in the petition of the first party on the basis of which the proceeding Under Section 133, Cr. P.C. had been started. The scheme of the provisions contained in Part-B of the Chapter X of the Code of Criminal Procedure indicates that after making a conditional order Under Section 133(1), the said order may be served on the person against whom it is made. Sec. 135 envisages that the person against whom such order is made shall ...
Tag this Judgment!Ramesh Sharma and anr. Vs. Food Inspector, Cuttack Municipality
Court: Orissa
Decided on: Oct-29-1998
Reported in: 1999CriLJ1191
ORDERR.K. Dash, J. 1. In this application under Section 482, Cr P. C. the petitioners have assailed the order of the learned S.D.J.M., Cuttuck, passed in 2(c) CC No. 176 of 1994 under Section 16 of the Prevention of Food Adulteration Act (here in after referred to as 'the Act') whereby their prayer for quashing the aforesaid proceeding was rejected.2. M/s. Oamodur Maharaj is a confectionary shop situated at Jaunliapati in the town of Cut-tack. Petitioner No. 2 is the proprietor and petitioner No. 1. son of petitioner No. 2, was allegedly conducting the business of the said shop on the date of incident, i.e. 28-9-1993. Food Inspector of Cuttack Municipality suspecting various sweets namely, Kalakand, Raj Bhog, Pedda, etc. exposed for sale for human consumption, to be adulterated, purchased 600 grams from each item on payment in presence of witnesses for analysis, divided into three equal parts and kept each part in cleaned and dry glass bottles after adding required quantity of formalin...
Tag this Judgment!Punjab National Bank Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Oct-28-1998
Reported in: 87(1999)CLT82; [2000]102CompCas151(Orissa); 1999(I)OLR86
D.M. Patnaik, J.1. The petitioner-bank challenges the action of the Orissa State Financial Corporation for auction sale of the assets of M/s. Utkal Ferro Alloys Pvt. Limited (for short, 'the company') to opposite party No. 5.2. The Orissa State Financial Corporation (for short, 'the OSFC') sanctioned a loan of Rs. 11 lakhs and 8 thousand, the Industrial Promotion and Investment Corporation (in short, 'the IPCOL') sanctioned a loan of Rs. 3 lakhs and the petitioner-bank sanctioned credit limit up to Rs. 92 lakhs to the opposite party-company for setting up its factory at Rairangpur in the district of Mayurbhanj against valuable securities both movables and immovables. By a common agreement dated July 11, 1979, it was agreed by all the above parties that the properties so mortgaged to OSFC shall be first charge and for the loan advanced by the petitioner-bank it shall be the second charge, to be enforced by the petitioner-bank.3. When the company defaulted in repaying the loan the latter...
Tag this Judgment!Orissa State Financial Corporation Ltd. Vs. Shyam Sundar Rath
Court: Orissa
Decided on: Oct-28-1998
Reported in: 1999(I)OLR131
P.K. Misra, J.1. This appeal has been filed by the decree- holder challenging the order of the executing Court allowing the application of the respondent under Order 21, Rule 58 of the Code of Civil Procedure.2. The judgment-debtor is the grandson of the respondent. It is claimed by the respondent that the property subjected to attachment is his own property, not liable to be attached in the execution against the judgment-debtor. It has been further claimed that a part of the property, having been sold to a third party, could not have been attached. The executing Court has found that the property included in Lot No. 1 was the self-acquired property of the applicant. It further found that though Lot No. 2 was the ancestral joint family property and was liable for attachment, the judgment-debtor did not have 1 /6th interest therein. The aforesaid order is being challenged by the decree-holder.3. So far-as Lot. No. 1 is concerned, it is not disputed that the said property had been acquire...
Tag this Judgment!Smt. Amita Dey and ors. Vs. Chief Judicial Magistrate and ors.
Court: Orissa
Decided on: Oct-28-1998
Reported in: 1999(I)OLR160
D.M. Patnaik, J.1. The unsuccessful landlords aggrieved by the reversal order in House Rent Appeal No. 1 of 1991 by the Chief Judicial Magistrate, Balasore dismissing the petition for eviction of the opposite party-tenants, have approached this Court. During pendency of the appeal, the original tenant Sk. Anwar Alli having died, his L.Rs. (hereinafter referred to as the 'tenants') have been substituted.2. Landlord case is that the disputed premises happens to be a shop room bearing Municipal Holding No. 475-A in, Ward No. 9 and was let out to opposite-party tenants on a monthly rent basis. The rent was Rs. 8/- per month. Subsequently rent was enhanced to Rs. 45/- per month. The original tenant started defaulting payment of rent for which the proceeding under the Orissa House Rent Control Act was initiated.3. That apart, the case of the landlord is that, the petitioner No. 6 is the owner of the premises in question and he is running his own shop in a rented house in Arta Kaviraj Road in...
Tag this Judgment!Orissa Vegetable Oil Complex Ltd. Vs. Board for Industrial and Financi ...
Court: Orissa
Decided on: Oct-23-1998
Reported in: AIR1999Ori40; [2001]103CompCas412(Orissa)
P.C. Naik, J.1. The prayer in this writ petition, which is by a Public Limited Company through its Managing Director, is for issuance of an appropriate writ, direction or order quashing the order under Annexure-1 whereby on a prima facie opinion that it is just and equitable that the sick industrial company, the petitioner herein, be wound up, the Board for Industrial and Financial Reconstruction (in short 'BIFR') has directed issuance of notice under Section 20 of the Sick Industrial Company (Special Provision) Act, 1985 (in short 'the Act' ) for hearing objections/suggestions or alternative proposals, if any, and the order under Annexure-2 of the Industrial Promotion and Investment Corporation of Orissa Ltd. calling upon the petitioner to clear up the dues amounting to Rs. 83,47,932/- which are outstanding against it.2. The petitioner-company was set up for the purpose of producing and marketing sal seed oil and sal seed extracts for which the basic raw-material is sal seed. The comp...
Tag this Judgment!Mayadhar Mallik Vs. Smt. Laxmi Mallik and ors.
Court: Orissa
Decided on: Oct-23-1998
Reported in: AIR2002Ori5; 1999(I)OLR37
P.K. Mohanty, J.1. The impugned order of the learned Sub-Judge, Jaipur refusing to transfer the proceeding to Family Court, confirmed by the learned Additional District Judge, is under challenge in this writ petition.2. The short fact of the case is that a suit for maintenance had been instituted by opp. parties 1 to 8, which was registered as T.M.S. No. 49 of 1987 in the Court of learned Subordinate Judge, Jaipur. The suit was decreed against the petitioner on 21-12-1989 directing him to make the payments towards maintenance. The petitioner having failed to. make the payments is terms of the decree, the decree-holder (opp. parties 1 to 8) filed Execution Case, registered as Execution Case No. 7 of 1990 before the said Court of Subordinate Judge, Jaipur. The present petitioner-judgment-debtor filed a petition for transfer of the execution case from the Court of Subordinate Judge, Jaipur to the Family Court after establishment of the Family Court, Cuttack. The Subordinate Judge, on cons...
Tag this Judgment!Sri Raghunath Jew and anr. Vs. Commissioner of Endowments, Orissa and ...
Court: Orissa
Decided on: Oct-23-1998
Reported in: AIR1999Ori87; 1999(I)OLR163
P.K. Mohanty, J.1. Petitioner No. 2 who claims to be the hereditary trustee of Sri Raghunath Jew, a public temple of village Totapada in the district of Bhadrak, challenges the order of the Addl. Asst. Commissioner of Endowments, Cuttack Zone in Annexure 3 appointing opp. parties 4 to 8 as interim non-hereditary trustee of the temple under Section 27 of the Orissa Hindu Religious Endowments Act, 1961 (hereinafter referred to as the 'O.H.R.E. Act').2. Petitioner No. 1 is the public deity, SriRaghunath Jew, bije Totapada, P.S. and Tahasil Chandbali in the district of Bhadraki and petitioner No. 2 claims to be its hereditry trustee said to have been founded by his ancestors and the petitioner's family members have been in management and Seba Puja of the deity by hereditary succession. The Endowment authorities have recognised petitioner No. 2 as the person in management of the institution and in the year 1982 when the dispute arose, the then Rajc of Manika had instituted a case under Sect...
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