Orissa Court August 2003 Judgments
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S. Chandra Vs. Orissa Sales Tax Tribunal and ors.
Court: Orissa
Decided on: Aug-06-2003
Reported in: [2006]143STC452(Orissa)
A.K. Patnaik, J. 1. The petitioner filed Second Appeal Nos. 626 and 627 of 1992-93 before the Sales Tax Tribunal, Cuttack against the order dated March 30, 1991 passed by the Assistant Commissioner of Sales Tax, Sambalpur Range, Sambalpur for the year 1987-88. The State of Orissa also filed Second Appeals Nos. 2054 and 2055 of 1992-93 against the said order dated March 30, 1991 of the Assistant Commissioner of Sales Tax, Sambalpur Range, for the year 1987-88. Notice of hearing of the aforesaid second appeals filed by both the petitioner and the State of Orissa were sent to the petitioner at his address at Sambalpur fixing the date of hearing to April 24, 2000. The case of the petitioner is that the business of the petitioner at Sambalpur was closed and the petitioner was at Bhubaneswar when the said notice was sent to his address at Sambalpur and his father received the same and sent the same to the petitioner at Bhubaneswar, but by the time the petitioner received the notice, the hear...
The Tank Truck Owners' Association Vs. Union of India (UOi) and Ors.
Court: Orissa
Decided on: Aug-05-2003
Reported in: 96(2003)CLT451
L. Mohapatra, J. 1. The petitioner before this Court is the Tank Truck Owners' Association representing its members who claim to be owners of tank trucks. In this writ application the petitioner has challenged the guidelines contained in the tender notice vide No. JT-3/2002/ HPCL/LOC(MD) /BPCL/IBP from P.O.L. tank truck owners as well as Corporation dealers for award of separate contracts for road transportation of bulk petroleum products like MS/HSD/SKO/Black oil/ATF/A.V. Gas, etc., to storage locations, such as Depots and out-lets within and outside the State of Orissa.2. The Tender Call Notice has been challenged on the following grounds :(i) Discrimination has been made between the P.O.L. tank truck owners and company dealers in the matter of deposit of Earnest Money and Security Deposit.(ii) Restriction of plying vehicles not more than 15 years old is against the statutory provision of the Motor Vehicles Act.3. Shri Nayak, learned counsel for the petitioners referring to Clause 4 ...
Keshab Chandra Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-2003
Reported in: 96(2003)CLT356
L. Mohapatra, J.1. The petitioner in this writ application has prayed for quashing the orders passed by the competent authority under Annexures 3, 4, 5 and 6 reengaging opposite party No. 4, discharging the petitioner from service on the ground that his services are no more required and again appointing him under job contract establishment as well as State Administrative Tribunal in Annexures 9 and 10.2. The case of the petitioner is that he was initially appointed as Orderly Peon on 6.9.1974 under the administrative control of the Consolidation Officer, Salipur Circle under job contract establishment and his appointment was subsequently approved by the Assistant Consolidation Officer (Headquarters), Salipur on 23.9.1974. In July, 1978 he was transferred from Salipur to Kendrapara Circle and he worked there till 30.10.1985. While working as such he was appointed as an Orderly Peon in the regular establishment in the scale of pay of Rs. 570-790/- on 26.6.1986. The opposite party No. 4 w...
Avipraya and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-05-2003
Reported in: 96(2003)CLT537
L. Mohapatra, J.1. The petitioners in O.J.C. No. 13587 of 2001 are the President and Secretary respectively of a registered Non-Government Organisation known as 'Avipraya'. The aim and objectives of the said NGO is to undertake active environmental and ecological activities like afforestation, road side plantation, prevention of deforestation, etc. In this writ application the petitioners have prayed for the following reliefs.(i) A direction from this Court to a competent and independent authority to enquire into the mis-management and misappropriation of Government funds in the Forest Department.(ii) To set aside the proposals/reports/schemes for reorganization of forest department in Annexures 2, 3 and 4.(iii) To hold that abolition and shifting of different circle and divi'sion offices especially Berhampur Regional/ Circle offices to Bhawanipatna is illegal, irregular, mala fide and discriminatory.2. The petitioners have filed this writ application in public interest on the allegati...
Pradeep Kumar Deo and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-2003
Reported in: 96(2003)CLT431; 2003CriLJ4053
B.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' in short) is directed against the order dated 26.6.2001 passed by the S.D.J.M. (P), Rourkela, (Annexure-1) rejecting the applications for bail filed under Section 167(2), Cr.P.C. by the present petitioners, who are accused of the offences under Section 395 of the Indian Penal Code ('IPC' hereinafter) read with Sections 25 and 27 of the Arms Act, in G.R. Case No. 70 of 2001, arising out of Bondamunda P.S. Case No. 3 dated 9.1.2001, and the order dated 28.7.2001 passed by the Addl. Sessions Judge, Rourkela, in Criminal Revision No. 33 of 2001 (Annexure-2), confirming the order in Annexure-1.2. The short facts relevant for disposal of the present application are that on 9.1.2001 the Manager of United Bank of India, Bondamunda Branch, lodged an FIR at the Bondamunda Police Station alleging that on that day at about 1.55 P.M. while the banking operation was going on, a group of dacoits armed with ...
The New India Assurance Co. Ltd. Vs. A. Singara Vadivela and Four ors.
Court: Orissa
Decided on: Aug-04-2003
Reported in: I(2004)ACC614; 2003(II)OLR432
ORDERB.P. Das, J.Misc. Case No. 827 of 20021. 4.8.2003 -- This is an application for consideration of delay.2. There is delay of 33 days in filing the appeal as indicated by the Stamp Reporter. Though the grounds taken are not sufficient to condone the delay, considering the submission of the learned counsel for the appellant-petitioner that the interest of the insurer shall be prejudiced if the delay is not condoned and the matter is not heard on merit. I condone the delay in filing the appeal subject to payment of cost of Rs. 350/- to the claimants within a week.3. The Misc. Case is disposed of.Misc. Appeal NO. 580 of 20014.8.2003 - Heard.4. On the request of the learned counsel for the appellant. as well as respondents, the matter is taken up for admission and for final disposal.5. Mr. P. N. Mishra, has entered appearance for respondents 1 and 2, Mr. M. Kanungo and associates for respondent No. 4. So far as respondent No. 3 is concerned notice in admission and stay matter has been s...
Divisional Manager, National Insurance Company Ltd. Vs. Urmila Jenasam ...
Court: Orissa
Decided on: Aug-04-2003
Reported in: 2005ACJ1425; 2003(II)OLR644
ORDERB.P. Das, J.1. Heard Shri N.C. Misra for the appellant, Shri J. K. Katikia for respondent Nos. l to 3 and Shri P.P. Ray for respondent No. 5.2. This appeal Under Section 173(1) of the Motor Vehicles Act, 1988 the instance of the insurer is directed against the judgment passed by the Asst. Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar, in W.C. Case No. 51/98, allowing the claim for compensation in part to the extent of Rs. 1,97,060/- and saddling the liability of payment of the aforesaid amount of compensation on the insurer, i.e., the present appellant.3. Respondent Nos. l to 4, who are the widow, parents and daughter of deceased Jayanta @ Jayakrushna Jenasamanta respectively filed an application before the W.C. Commissioner claiming compensation of Rs. 3,94,000/- for the death of the deceased in a motor vehicular accident, which arose out of and in course of his employment as a driver of a Trekker bearing regn. No. OR-02/F 9322 belonging to ...
National Insurance Company Limited Vs. Urmila Jenasamanta and ors.
Court: Orissa
Decided on: Aug-04-2003
Reported in: I(2005)ACC664
B.P. Das, J.1. Heard Shri N.C. Misra for the appellant, Mr. J.K. Katikia for respondent Nos. 1 to 3 and Mr. P.P. Ray for respondent No. 5.2. In this appeal under Section 173(1) of the Motor Vehicles Act, 1988 the instance of the insurer is directed against the judgment passed by the Asst. Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar, in Workmen's Compensation Case No. 51/98, allowing the claim for compensation in part to the extent of Rs. 1,97,060/- and saddling the liability of payment of the aforesaid amount of compensation on the insurer, i.e., the present appellant.3. Respondent Nos. 1 to 4, who are the widow, parents and daughter of deceased Jayanta @ Jayakrushna Jenasamanta respectively filed an application before the Workmen's Compensation Commissioner claiming compensation of Rs. 3,94,000/- for the death of the deceased in a motor vehicular accident, which arose out of and in course of his employment as a driver of a Trekker bearing Regn....
M+ Granites Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-01-2003
Reported in: 96(2003)CLT278
L. Mohapatra, J. 1. The petitioner in this writ application has prayed for quashing the order No. 5507/IV(E)(DS) SM.4/2003 dated 22.5.2003 in which quarry lease for decorative stone covering an area of 73.50 acres or 29.744 hectares of land in Titilagarh Tahasil in the district of Bolangir has been renewed in favour of the opposite party No. 4 and for further direction to the opposite party No. 1 to consider application of the petitioner for grant of quarry lease in it's favour.2. Case of the petitioner is that quarry lease of decorative stone covering 73.50 acres/29.744 hectares of land in village Gandhargola No. 95 in Titilagarh Tahasil in the district of Bolangir had earlier been granted in favour of one Jitendra Kumar Lohia for a period of 10 years and the period of lease expired on 10.2.2003. During subsistence of the lease said Jitendra Kumar Lohia transferred the quarry lease in the name of opposite party No. 4 on 7.2.2003. Prior to expiry of the lease period said Jitendra Kumar...
Niranjan Das Vs. Orissa State Electricity Board
Court: Orissa
Decided on: Aug-01-2003
Reported in: AIR2004Ori53; 2004(1)CTLJ229(Ori)
A.K. Patnaik, J.1.This is a second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'the CPC').2. The relevant facts briefly are that the appellant is the proprietor of a saw mill styled as 'Bhanja Saw Mill'. Under an agreement dated 11.2.1972 the respondent supplied electricity to the said saw mill of the appellant. The respondent filed Money Suit No. 1 of 1984 against the appellant for recovery of Rs. 13,979.83 paise towards balance energy charges and other charges upto April, 1983 and for recovery of Rs. 1,797.38 paise towards interest at the rate of 12 per cent per annum from 31.12.1982 till 3.1.1984. The case of the respondent in the suit was that the agreement for supply of electricity stood terminated from April, 1983 on expiry of six months from the notice dated 22.10.1982 of the appellant to terminate the agreement and the appellant was liable to energy charges upto April, 1983. The appellant contested the said suit and in his written-statement pleaded...
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