Court : Orissa
Decided on : Jun-23-1989
Reported in : 1989CriLJ2458
..... court of additional sessions judge for trial.3. mr. n. misra, advocate was representing the petitioner and moved his application for bail. later, investigating officer recorded his statement under section 161, cr.p.c, and cited him as a witness in the charge-sheet. on the charge-sheet being filed mr. n. misra refused to accept the brief to defend ..... the order, this revision application has been filed.4. mr. h.s. misra, learned counsel for the petitioner submitted that on perusal of statement of mr. n. misra under section 161 cr.p.c, it would be seen that statement even accepted as a whole would not be relevant in the trial of the accused persons. accordingly to mr. misra ..... been cited as a witness mala fide to deprive petitioner to engage him for defence.5. no provision in law excepting the conduct rules for advocates under the advocates act has come to my notice prohibiting an advocate to appear where he is cited as a witness. court has no power either to direct or deprive an advocate to .....
Tag this Judgment!Court : Orissa
Decided on : Jul-10-1989
Reported in : AIR1990Ori57; (1990)IILLJ262Ori
..... recruitment and cannot lay down its own procedureto the contrary, a principle which is firmlyestablished in (1) an unreported decision ofthis court in o.j. c. no. 77 of 1989 section 3 otherwrit applications (anadi kumar mohapatraand ors. v. state of orissa and anr.) disposed of om11-5-1989, (2) p. k. ramachandra iyer. v.union of india. air 1984 sc .....
Tag this Judgment!Court : Orissa
Decided on : Jul-19-1989
Reported in : [1990]76STC447(Orissa)
..... , as noticed earlier, though as many as 10 to 12 grounds were stated in the writ application, challenge was ultimately confined to explanation ii of section 2 of the amending act and that too on the grounds indicated in the preceding paragraphs.8. the supreme court in the case of bengal immunity co. ltd. v. state ..... consider the case of the petitioners on merit, it will be convenient to quote in extenso the provisions of the amending act.'2. in section 2 of the orissa sales tax act, 1947 (hereinafter referred to as the 'principal act'), for clause (c), the following clause shall be and shall be deemed always to have been substituted, namely :--' (c ..... and substance destroyed the substratum of the concept of 'turnover of sales', 'turnover of purchases' provided by section 2(i) and 2(j) read with the basic ingredient of the very charging section, namely, section 4 of the principal act, as regards the essential predicate of the continuity or carrying on of any activity of business of purchasing .....
Tag this Judgment!Court : Orissa
Decided on : Jul-25-1989
Reported in : 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
..... suits had been filed, whether claims of any damages arising out of the accidents would be maintainable before the accidents claims tribunal by filing applications under section 110-a of the said act or suits would lie for enforcement of rights before the civil court which was the forum available when the causes of action for claiming damages arose. ..... xx xx(c) xx xx xx(d) xx xx xx(e) xx xx xx(f) in any other case, the date of payment of duty.'section 1(2) of the amending act provided that the amendment shall come into force on a date to be appointed by the central government later on.before the aforesaid provision came into force, ..... expressly or impliedly excluded can be entertained by the civil court. but in the present case, the legislature inserted section 11b in the act by section 21 of the customs, central excises and salt and central boards of revenue (amendment) act, 1978 (act 25 of 1978). section 11b, so far as relevant, reads as follows :-'11b. claim for refund of duty :-(1) any .....
Tag this Judgment!Court : Orissa
Decided on : Jul-31-1989
Reported in : AIR1990Ori18
G.B. Patnaik, J.1. This writ application was listed before a larger Bench for Consideration of its admission, in view of the fact that an important question regarding the jurisdiction of this Court to entertain a petition to decide the validity of a proceeding in the Legislature of a State on the ground of alleged irregularity was raised. The petitioner, a Member of the Orissa Legislative Assembly, was served with notice (Annexure-1) along with the enclosures and was requested to offer his comments within seven days from the date of the receipt of the said notice. The enclosure was a petition by another member of the Legislative Assembly filed under the provisions of the Members of Orissa Legislative Assembly (Disqualification on ground of Defection) Rules, 1987 (hereinafter referred to as the 'Rules'). The petitioner did not offer any comments within the time as stipulated under Annexure-1. The petitioner then received another letter under Annexure-3, whereunder he was intimated that ...
Tag this Judgment!Court : Orissa
Decided on : Aug-09-1989
Reported in : AIR1990Ori98
..... the cancellation cannot be sought forindependently. i would thus hold the suit to be one for relief of declaration with consequential relief and is to be governed by section 7(iv)(c) of the act.10. next is the question as to what valuation is to be put by the plaintiffs on the plaint for the purpose of court-fee and jurisdiction ..... is couched is not to be taken as the determinative factor .........'5. learned counsel for the petitioner, while contending that the court-fee is to be paid under section 7(iv)(c) of the act, has placed reliance on the decisions in sadananda sahu v. state of orissa, air 1962 orissa 102, jhara padhamuni v. bhagirathi padhan, ilr (1976) cut 707, ..... deed, the suit has to be valued on the valuation of the property and ad valorem court-fee has to be paid as required under section 7(iv)(c) of the court-fees act (shortly stated 'the act'). it is further submitted that the valuation of the property being more than rs. 50,000/ -, the munsif, in whose court the suit was .....
Tag this Judgment!Court : Orissa
Decided on : Aug-24-1989
Reported in : 1991(I)OLR348
..... of arbitrariness, it would not be the case if the charge is one of arbitrariness in the matter of executive action cannot be sustained. executive authorities are not free to act as they like even in matters where they are not guided by provisions of law. in all matters resulting in civil consequences to the citizens the executive has to treat .....
Tag this Judgment!Court : Orissa
Decided on : Aug-25-1989
Reported in : 1990ACJ818; AIR1990Ori105
..... . h. no. 42. occupants of the car sustained injuries and some of them dies at the spot. claimants of four deceased persons filed four applications for compensation under section 110-a of the act against the owners of the truck and the car and two insurers in respect of the vehicles. during pendency of the proceedings owner of the truck have been ..... s.c. mohapatra, j.1. these two appeals under section 110-d of the motor vehicles act, 1939, have been filed by the insurer in respect of a truck bearing registration no. ord 3627.2. the truck collided with a car bearing registration no. osc 2997 on .....
Tag this Judgment!Court : Orissa
Decided on : Sep-07-1989
Reported in : 69(1990)CLT102; I(1990)DMC281
..... it is no doubt true that the court will have a discretion to grant the relief of restitution depending upon the circumstances of the case, under section 9 of the hindu marriage act, the foundation of the right to bring a suit for restitution of conjugal rights is the fundamental rule of matrimonial law that one spouse is entitled ..... .6. mr. rath appearing for the appellant raised two contentions in assailing the confirming judgment of the two courts below :(i) the defendant having been prosecuted under section 494, ipc and having been acquitted on a finding that there was no marriage between the plaintiff and the defendant, the said finding is binding on the civil court ..... of the code of civil procedure and ignoring the said finding has vitiated the ultimate conclusion, and(ii) even if the conditions stipulated in section 9(1) of the hindu marriage act are satisfied, the court has still the discretion not to grant the relief depending upon the circumstances of each case and on the facts and .....
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1989
Reported in : (1992)ILLJ397Ori
..... the corporation and as such it is an 'industrial establishment', this court should leave the matter to be decided by the proper adjudicatory forum under the act.18. section 25l of the act, so far as it is relevant to the case, is quoted below:-'25l. definitions - for the purpose of this chapter - (a) 'industrial ..... transport business throughout the state which, however, cannot by any stretch of imagination be called 'factories' according to law. therefore, the provisions of section 25n of the act are not at all attracted and before making retrenchment it was not necessary to obtain permission from the appropriate government. alternatively, the facts being ..... referred to above. the resolution for retrenchment was also ratified by the state government. while making the retrenchment, the principle of applicability of section 25n of the act, it is stated that the corporation is not an 'industrial establishment'. there arc no factories inside the organisation, nor are the petitioners employees .....
Tag this Judgment!