Orissa Court November 1998 Judgments
Pawan Traders Vs. Branch Manager, State Bank of India and anr.
Court: Orissa
Decided on: Nov-30-1998
Reported in: AIR1999Ori74; [1999]98CompCas98(Orissa)
Susanta Chatterji, J.1. M/s. Pawan Traders, represented by its sole proprietor Shri Pawan Kumar Bansal has filed the present writ application against the State Bank of India, Kesinga Branch in the district of Kalahandi and M/s. Pyarelal Ram Bhagat, seeking the following reliefs:--'(i) To hold and declare the impugned notice/ letter issued by the opp. party No. 1 as at Annexure 8 as bad, illegal and thereby quash the same; (ii) Direct/order/command the opp. party No. not to close the Current Account of the petitioner bearing No. SIB-296 pending disposal of the aforesaid writ application and thereby allowthe petitioner to operate its aforesaid Current Account which will be subject to the final decision of the aforesaid writ application; and (iii) Pass such other order(s) as may be deemed fit and proper in the bona fide interest of justice.' There is a specific prayer to quash Annexure 8 besides other prayers as indicated above.2. Annexure 8 refers to a communication by the Branch Manage...
Tag this Judgment!Mohan Kumar Burma Vs. Raj Kishore Mathur
Court: Orissa
Decided on: Nov-27-1998
Reported in: 1999(I)OLR225
P.K. Misra, J.1. The present civil revision has been filed by the judgment-debtor against the order dated 9.9.1998 passed by the executing Court in connection with the valuation of the property attached under the provisions of Order 31, Rule 54 of the Code of Civil Procedure (hereinafter referred to as the 'Code') and sought to be sold in execution of the decree. 'The decree-holder had valued the immovable property at Rs. 1,13,140/- with respect to the agricultural land and at Rs. 3,12,000/- with respect to the homestead land along with the building. The judgment- debtor had filed objection to the valuation furnished by the decree-holder. He had raised objection that the decree-holder himself had purchased Ac.1.61 decimals of land on 17.12.1984 for Rs. 8,000/- and, as such, the present market value of the agricultural land under attachment would be more than Rs. 10,00,000/-. It was also submitted that there were fruit bearing trees worth more than Rs. 5,00.000/- and the valuation of th...
Tag this Judgment!Anjana Mishra Vs. Indrajit Ray
Court: Orissa
Decided on: Nov-27-1998
Reported in: 1999(I)OLR313
A. Pasayat, J.1. An affidavit filed by Shri Arniya Bhusan Tripathy, an ex-Director-General of Police, Orissa has generated a lot of heat, as is evident from the present misc. case. The affidavit has been filed in OJC No. 9929 of 1997, which was filed by Mrs. Anjana Mishra making certain allegations against Shri Indrajit Ray, the ex- Advocate General, who at the relevant point of time was functioning as Advocate General. The case was taken up along with OJC Nos. 9788, 9801, 9806 and 9862 of 1997. Considering certain unusual features which were noticed by this Court, investigation of the criminal case registered on the basis of first-information-report lodged by Mrs. Anjana Mishra was handed over to the Central Bureau of Investigation (in short, 'CBI'). OJC No. 9929 of 1997 was disposed of along with OJC Nos. 9413, 9788, 9801, 9806 and 10039 of 1997 by a common judgment dated 8.8.1 997. Subsequently grievance was made that Shri Amiya Bhusan Tripathy was not examined in a case referred to...
Tag this Judgment!All Orissa State Bank Officers' Association Vs. Union of India (UOi) a ...
Court: Orissa
Decided on: Nov-24-1998
Reported in: 1999(I)OLR271
Pradipta Ray, J.1. All Orissa State Bank Officers' Association, an Association of the Officers of the State Bank of India (hereinafter referred to as the 'Bank'), Bhubaneswar Circle registered under the Trade Unions Act, 1926 has filed this writ application inter alia alleging unjust, unfair, unreasonable and hostile treatment to their members, claiming treatment at par with the office bearers of the recognised Association, namely, State Bank of India Officers' Association and for laying down norms for guidance in the matter of dealing with unrecognised registered Associations.2. Admittedly the petitioner-Association is registered under the Trade Unions Act, but not recognised by the Bank. According to the Bank, the petitioner-Association is not entitled to get recognition as they do not satisfy the criteria laid down by the Verification of Membership and Recognition of Trade Unions Rules, 1994, framed by the State of Orissa. In the writ application, it has been alleged that the manage...
Tag this Judgment!Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Labanga S ...
Court: Orissa
Decided on: Nov-20-1998
Reported in: 2000ACJ1259; AIR1999Ori193
P.C. Naik, J.1. Aggrieved by the award of Rs. 30,000/- and interest thereon at the rate of 12 per cent per annum passed in favour of claimant-respondents 1, 2, and 3, the insurer has preferred this appeal.Briefly stated, the facts are that on 23-3-1989, one Khetra Sahu died due to fatal injuries received in an accident caused by a truck bearing registration number ORR 1991. Accordingly, his widow, son and daughter moved the Second Motor Accident Claims Tribunal, Barhampur for compensation amounting to Rs. 90,000/-. It was pleaded that since the accident was due to rashness and negligence of the driver of the truck, the claimant-respondents 1, 2 and 3 are entitled to compensation from the owner and insurer of the vehicle. In Column 16 of the Claim Petition, it was specifically averred that the vehicle was insured with the United India Insurance Company Ltd., vide Cover Note bearing No. 329807. As the owner, after filing the written statement denying his liability did not enter appearanc...
Tag this Judgment!Onkarmal Nanakram Vs. Commissioner of Sales-tax
Court: Orissa
Decided on: Nov-20-1998
Reported in: 87(1999)CLT529; 1999(I)OLR1
A. Pasayat, J.1. Doubting correctness of decision rendered by a Division Bench of this Court in M/s. Ajanta Enterprisers v. State of Orissa and Anr. : 7994 (II) OLE. 463, this reference has been made to the large Bench to consider the effect of Sec. 14-C of the Orissa Sales Tax-Act, 1947 (in short the 'Act') relating to date from which higher rate of interest as stipulated under the provision is applicable. As dispute revolves round interpretation of Sec. 14-C of-the Act, reference to factual aspects is not necessary.2. Sec. 14-C, the pivotal provision, reads as follows :'14-C. Payment of interest on refundable amount - Amount refundable Under Section 14, if not refunded within ninety days from the date of receipt of the application in that behalf from the dealer, shall carry i'nterest at the rate of eighteen per cent per annum from the first ninety days and thereafter at the rate of twenty four per cent per annum, with effect from the date of expiry of the period specified above.'Disp...
Tag this Judgment!Bikram Kumar Sahoo Vs. Orissa State Handloom Development Corporation L ...
Court: Orissa
Decided on: Nov-18-1998
Reported in: 87(1999)CLT559; (1999)IIILLJ1285Ori
R.K. Dash, J.1. The petitioner who has been working as Branch Manager under Orissa State Handloom Corporation Limited, Bhubaneswar (for short 'Corporation') in the present writ petition filed under Articles 226 and 227 of the Constitution of India has prayed for a direction to the Managing Director and the General Manager of the Corporation to regularise his service in the post of Senior Assistant (Accounts) in the scale of pay admissible to such post.2. Petitioner's case as borne out from the pleadings may briefly be stated thus:In order to fill up 12 vacancies in the post Senior Assistant (Accounts) the Managing Director of the Corporation notified the vacancies to the State Employment Exchange, Bhubaneswar, on January 6, 1987 requesting to sponsor the names of the candidates having educational qualification of Master degree in Commerce. Pursuant thereto names of the petitioner and others were sponsored by the employment exchange and thereupon interview/test was conducted. The petiti...
Tag this Judgment!Supad Haldar and ors. Vs. the Orissa Small Industries Corporation Ltd.
Court: Orissa
Decided on: Nov-18-1998
Reported in: 87(1999)CLT192; 1999(I)OLR459
R.K. Dash, J.1. The petitioners, employees of Orissa Timber and Engineering Works, Sunabeda, a unit under the management of Orissa Small Industries Corporation Limited, by filing the present writ application under Articles 226 and 227 of the Constitution of India have prayed, inter alia, for the following reliefs :'xxx it is prayed that this Hon'ble Court be graciously pleased to issue a Rule Nisi in the nature of writ of mandamus/certiorati commanding the opposite party to pay the arrear wages of the petitioners, w.e.f. 1.1.1974 as per the revised Pay Rules, 1974 and w.e.f. 1.1.1981 to 24.9.1984 as per the revised Pay Rules, 1981;'2. Shortly stated the case of the petitioners is that Orissa Small Industries Corporation Limited, a wholly Government owned company, is an instrumentality of State and thus a 'State' within the meaning of Article 12 of the Constitution of India. The petitioners joined the Rehabilitation Industries which was initially a unit under the management of the Oriss...
Tag this Judgment!Smt. Sarala Kumari Rath Vs. Khati Rout and ors.
Court: Orissa
Decided on: Nov-18-1998
Reported in: 87(1999)CLT198; 2000(II)OLR363
R.K. Dash, J.1. In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner has sought to quash the order of the Additional Settlement Officer, Cuttack passed in suo motu Case No. 16 of 1993. By the impugned order, Annexure-6, the opposite parties 1 to 4 and Ors. have been held to be Sikimi tenants in respect of Hal Plot No. 615/1346 under Khata No. 572 of village Madhupatna of Cuttack town (hereinafter referred to as 'disputed land').2. The brief facts giving rise to the present writ petition may be stated thus :During Settlement operation Hal Plot No. 615 having area of Ac. 0.248 dec. (the disputed land being part of the said plot) was recorded in the names of Sridhar Mallick and Ors. with note of possession of Banamali Rout and Ors. as Sikimi tenants under Sikimi Khata No. 3. In different stages of settlement operation, the record remained unchanged. Only at the stage of settlement of rent the petitioner filed Rent Case No. 959/128 and prayed for corre...
Tag this Judgment!Subhendu Sarkar Vs. Union of India (Uoi), Represented Through Its Secr ...
Court: Orissa
Decided on: Nov-17-1998
Reported in: 1999(II)OLR39
A. Pasayat, J.1. Painting a grim picture relating to high pendency of cases in this Court, thereby causing denial of speedy justice to the litigants, this writ application has been filed by a learned Member of the Bar. According to him, justice delayed is justice denied. He has indicated that as against the sanctioned strength of 16 Judges, presently only 12 Judges are functioning, and 4 posts are yet to be filled up. His prayer essentially is two fold, namely, (i) for early filling up the vacant posts; and (ii) for increasing the strength of Judges by at least seven, so that the cases can be disposed of early.2. A detailed chart has been filed showing that more than 57,000 cases are pending disposal and quite a sizeable number for more than a decade. It is submitted that even if all the vacancies are filled up, yet the maximum disposal per annum cannot exceed 20,000 cases, and even if no cases are filed for three years, the pending cases can hardly be cleared up. The annual filing, ac...
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