Orissa Court August 2000 Judgments
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Sarat Chandra Rout Vs. Hrusi Patra and ors.
Court: Orissa
Decided on: Aug-19-2000
Reported in: I(2001)ACC43; 90(2000)CLT378; [2001(88)FLR324]; (2001)ILLJ1313Ori
P.K. Misra, J.1. These three appeals under Section 30 of the Workmen's Compensation Act, 1923, are directed against the common decision passed by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short, the 'Commissioner') in three different claim cases, awarding compensation to claimant-respondent No. 1 in each of the appeals.The present appellant had been engaged as Contractor under the Executive Engineer, P.W.D. Keonjhar, for repair and extension of the Settlement Officer building at Keonjhar. While the work was in progress on June 24, 1987, suddenly there was heavy rain and storm forcing the three labourers to take shelter in a nearby building along with unused cement bags. At that time, the overhead live electric wire fell on the labourers causing injuries which ultimately resulted in death of two of the labourers. Two claim applications were filed by the legal heir-cum-dependants of two labourers and the third claim case was filed by the inj...
Kanka @ Duyon Ho Vs. State of Orissa
Court: Orissa
Decided on: Aug-18-2000
Reported in: 91(2001)CLT334
R.K. Patra, J.1. The appellant stands convicted under section 302, I. P. C. and sentenced to imprisonment for life. He has also been convicted under section 301, I. P. C., but no separate sentence has been passed thereunder.2. Briefly stated the case of the prosecution is that the appellant was under the impression that Bumuni Dei (hereinafter referred to as 'the deceased') was witch and was bent upon to kill him by practising witch-craft. So on 15-1-1992 he throttled the neck of the deseased near 'Handia Goodam' in village Dangadiha and thereafter carried the body of the deceased to a place near the house of co-accused Anadi (since acquitted). There he tied the hands and legs of the deceased with a rope, and with the help of the co-accused Anadi carried the body of the deceased by means of a wooden pole to a nearby stream. The appellant there checked whether the deceased was breathing. Suspecting that she might be alive, he picked up a stone and dealt a blow with that stone on the hea...
State of Orissa Vs. Vijayalaxmi Timber Depot
Court: Orissa
Decided on: Aug-18-2000
Reported in: 2000(II)OLR499; [2002]126STC169(Orissa)
R.K. Patra, J.1. This is an application under Section 24(2)(b) of the Orissa Sales Tax Act, 1947 at the instance of the State of Orissa praying for a direction to the Orissa Sales Tax Tribunal, Cuttack (in brief 'the Tribunal') to state the case and make reference on the following questions of law :(1) Whether, on the facts and in the circumstances of the case, the Tribunal is justified not to treat the transactions of sales of timber to outside parties in pursuance of implicit and tacit contract of sale as inter-State sale as provided under Section 3(a) of the Central Sales Tax Act on the grounds that the goods have been appropriated in the State of Orissa ?(2) Whether the Tribunal is justified in holding that there were no contracts of sale of timber with outside parties for the relevant year pursuant to which the goods in question have moved from Orissa to Andhra Pradesh ?2. The opposite party carries on business in timber and logs at Aska Road, Berhampur, in the District of Ganjam....
Bath Plaza Vs. Sales Tax Officer
Court: Orissa
Decided on: Aug-18-2000
Reported in: 2000(II)OLR517; [2001]121STC90(Orissa)
R.K. Patra, J.1. In this application under Articles 226 and 227 of the Constitution of India the petitioner seeks to assail the validity of initiation of the proceeding and its culmination in the order of assessment under Section 12(8) of the Orissa Sales Tax Act, 1947 on the ground that there was no material available with the Sales Tax Officer for initiation of the proceeding.2. The case of the petitioner is that it is a registered dealer under the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the Act') having certificate of registration bearing No. BH-I-684. It is engaged in trading activities of sanitary wares and fittings on retail basis. For the assessment year 1990-91 the assessment was completed under Section 12(4) of the Act on December 28, 1991 in which the Sales Tax Officer raised an extra demand of Rs. 9,847,60 paise. On March 8, 1996 the Sales Tax Officer issued the impugned notice at annexure 1 in the prescribed form No. VI under Sections 11(1) and 12(8) of the ...
Prasanna Kumar Dash Vs. Secretary to Government of Orissa, Department ...
Court: Orissa
Decided on: Aug-17-2000
Reported in: 2000(II)OLR405
L. Mohapatra, J. 1. The petitioner in this writ application has sought for quashing the order intimated through the letter dated 8.11.1995 rejecting the prayer of the petitioner for appointment under the Civil Services (Rehabilitation Assistance) Rules, 1990.2. The father of the petitioner Late Hadibandhu Das was working as a Primary School Teacher in Mulabasanta Primary School under Kanas Block and expired on 13.11.1979 while in service, leaving behind the petitioner, two daughters and his widow. Though the father of the petitioner expired in November, 1979, the petitioner was a minor then and attained the age of 18 years on 12.6.1982. After attaining majority, the petitioner approached the authorities for appointment under the Rehabilitation Assistance Scheme ('the Scheme' for short) prevailing then. From 1982 till 1984 having run from pillar to post and having failed everywhere the petitioner made a representation on 19.2.1994 for appointment under the aforesaid Scheme. The widowed ...
Oriental Insurance Co. Ltd. Vs. Purna Shaw and anr.
Court: Orissa
Decided on: Aug-17-2000
Reported in: II(2001)ACC773; 90(2000)CLT751
L. Mohapatra, J.1. This appeal has been filed against the award of the Asstt. Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar directing payment of Rs. 79,693/- as compensation to the claimant (respondent No. 1) and further directing the appellant to pay the compensation.2. The claimant filed an application before the Court below claiming compensation of Rs. 1,50,000/- on account of death of deceased Sibpujan Shaw aged about 22 years in a motor vehicle accident which took place on 22.5.1993 on N.H. 5 near Remuna Golei at about 7'0 clock In the morning. The application discloses that the deceased was employed under respondent No. 2 Smt. Pabitar Khurana as a helper of the vehicle bearing registration No. NLA-5395 (tanker). The deceased received serious bodily injuries while he was going to bring kerosene oil, as per the order of the driver of the vehicle, being hit by a jeep. The deceased sustained severe injuries all over the body, as a result of whic...
Union of India (Uoi) Vs. Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Aug-14-2000
Reported in: 2002ACJ430; 90(2000)CLT639
P.K. Misra, J.1. The Union of India has filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the order refusing to review the earlier decision of the Railway Claims Tribunal, Bhubaneswar Bench, awarding a sum of Rs. 81,245/-.2. The facts and circumstances giving rise to the present appeal may be noticed in brief. The Orissa State Electricity Board filed Money Suit No. 6 of 1989 on the ground of non-delivery of one tank/wagon containing light diesel oil booked from Visakhapatanam for delivery at Talcher Thermal Power Station Siding, vide R/R 035544. dated 8-6-1986. The suit proceeded ex parte and ultimately an ex parte decree was passed. The present respondents levied execution by filing an application before the Railway Claims Tribunal which was numbered as O.A. No. 203/91. The respondents thereafter instead of pursuing O.A. No. 203/91 filed O.A. No. 91/95 on 16-10-1995 before the Railway Claims Tribunal treating the earlier ex parte decree of the Civ...
Alekha Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-14-2000
Reported in: 90(2000)CLT480; 2000(II)OLR408
ORDERP.K. Misra, J. 1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator to decide the claim of the petitioner as enumerated in Schedule-A of the petition.2. The petitioner had undertaken the work of 'Construction of extension to S.C.S. College at Puri' as per the Agreement No. 31-F2 of 1978-79. The petitioner has contended that the work could not be completed within the stipulated date fixed in the Agreement due to various hindrances caused by the opposite parties and appreciating the various difficulties, opposite party No. 4 had not taken any penal action against the petitioner under Clause 2 of the Agreement. It is further stated that though the petitioner had requested opposite party No. 4 for extension of time to complete the work, nothing was communicated to the petitioner. It is further claimed that the petitioner completed the work, but the work had not been measured as per rules and payment had not been made. ...
Ratnakar Pradhan Vs. Mahanadi Coalfields Limited and ors.
Court: Orissa
Decided on: Aug-14-2000
Reported in: 90(2000)CLT584; 2000(II)OLR422
ORDERP.K. Misra, J.1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator to decide disputes arising out of a contract between the parties for execution of the work land scaping of 'Ananta Township at Jagannah Area'. Clause 9 of the Agreement envisages that all disputes and dues arising between the parties shall be settled by sole Arbitrator appointed by C.M.D. of Mahanadi Coalfields Ltd. The petitioner asserts that in spite of notice regarding appointment of Arbitrator which was received by opposite party No. 2 on 26.7.1999, no Arbitrator was appointed and accordingly petition under Section 11 was filed on 25.8.1999.2. The opposite parties in counter, apart from denying the tenability of the claims made have contended that the Chairman-cum-Managing Director has already appointed the General Manager, M.T.I., MCL, Sambalpur, as the sole Arbitrator vide order dated 14.10.1999 to decide the disputes. It is, therefore, submit...
Biswanath Nayak and ors. Vs. Parbati Bewa and ors.
Court: Orissa
Decided on: Aug-14-2000
Reported in: 2000(II)OLR629
P.K. Misra, J.1. Defendants 1 to 5 have filed this appeal. Plaintiff-respondents filed the suit for partition of 'A' Schedule and 'B' Schedule properties. The genealogy is as follows : Banka Naik | Bada Tanka Naik ___________________________|________________________________ | | | Bhagabata Bharat Fakir (w) Jasoda _____________________________|____________________________ | | | | Raghunath Chakradhar Jema Biswanath (w) Baiani (P2) (w) Budhei (D-7) (D-l)(Transposed as D-8) (D-6) | _______|_____________ | | | | | | |Kuntala Hari Bali Ahalya |(P-3) (w) (P-4) (P-5) | Parbati | (p.l) __________________________________________________|____ | | | | Balabhadra Shyama Damodar Nrusingha (D-2) Sunder (D-4) (D-5) (D-3)Subsequently, Baiani (original plaintiff No. 2) was transposed as defendant No. 32. According to the plaintiff's case, 'A' Schedule properties were the ancestral joint family properties of the parties and had been allotted to Bharat Naik in a partition between Bharat and his two b...
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