Court : Orissa
Reported in : 1994(I)OLR375
S.C. Mohapatra, J.1. Dismissal of the suit for recovery of money on finding that the same is not maintainable is grievance of plaintiff in this appeal.2. Case of plaintiff is that he is the Managing Partner of a Firm. Defendant No. 1 is also a Firm with defendant Nos. 2 to 5 as its partners. Plaintiff is a merchant carrying on business of purchase and sale of goods including tobacco. Defendant No. 1 -Firm is a reputed tobacco merchant in Eastern India who carries on business on commission also. Defendant-firm entered into a contract to supply tobacco to plaintiff at its godown at Puri. Plaintiff has paid on various dates a sum of Rs. 88,300/- as detailed in the schedule to the plaints Defendants supplied tobacco worth Rs. 65,469.16 paise. After accounts were taken in respect of transactions between the parties, it was found that a sum of Rs. 22,842.84 paise is outstanding against defendants. Notice was sent for refund of the amount and the same having not been refunded,'suit has been f...
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR497
Pradipta Ray, J.1. Informant Nrusingha Kumar Panda has filed this Criminal Revision against the judgment and order dated January 30. 1995 passed by the Sessions Judge, Ganjam- Gajapati at Berhampur in Sessions Case No. 275 of 1993 whereby the accused-opp. parties 1 to 3 have been acquitted from all the charges framed against them.2. The prosecution story in brief is :Informant is the owner of about 1 (one) acre of agricultural land in village Panada while his cousin Simanchal Panda is the owner of about 1/2 acres of adjacent land. There was a dispute between the accused Pandab Sahu and Simanchal Panda over the title and possession of the land claimed by Simanchal. On April 18, 1993 at about 9.00 a.m. the informant sent some labourers to cultivate his land. Cultivation of informant's land was over at about 12.30 p.m.. the labourers engaged by the informant told the informant that they had been paid money in advance by Simanchal to cultivate his land and they were going to cultivate the ...
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori81
A.S. Naidu, J.1. The Indian Bank as Plaintiff filed Money Suit No. 159 of 1977 for recovery of Rs. 3,11,500.43 with interest pendente lite and future and for other ancillary reliefs based on a Demand Promissory Note coupted with a deed of mortgage and other collateral documents duly executed by the defendants in favour of the Bank.2. Bereft of all unnecessary details, the facts averred in the plaint which are necessary for effectual adjudication are :--Defendant No. 1, a Private Limited Company of which defendants 2 to 5 are the Directors, approached the plaintiff, which is a Nationalised Bank, for a cash credit loan in the year 1959. After examining the viability, the plaintiff-Bank agreed to advance a cash-credit loan to a tune of Rs. 9 lakhs to the defendants. As collateral security, defendant No. 1-Company mortgaged all its assets to the Bank and created a charge in accordance with Sections 125 to 130 of theCompanies Act on July 2, I960. Defendants 2 to 5 executed a Demand Promisso...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori82; 101(2006)CLT393; 2006(1)CTLJ261(Ori)
A.K. Parichha, J.1. The First Appeal arises out of the judgment dated 30.4.2003 and the decree dated 15.5.2003 passed in T.S. No. 262 of 1995 by the 2nd Additional Civil Judge (Sr. Div.), Cuttack dismissing the suit of the plaintiff-appellant.2. Initially, the appellant and his father Gobardhan Das Nangalia were plaintiffs in the above noted suit, but Gobardhan Das Nangila having died during pendency of the suit, plaintiff No. 2 became the sole plaintiff and accordingly is now the sole appellant in this appeal.3. The case of the plaintiffs was that the deceased defendant No. 1, Nanda Kishore Goenka had a row of five shop rooms standing over Schedule 'A' land and in one of the shop rooms, plaintiff No. 1 Gobardhan Das Nangalia, the deceased father of the appellant was a monthly tenant since 1945 paying rent to the landlord. When the matter stood thus, Nanda Kishore Goenka entered into an oral agreement with the appellant and his father on 3.11.1994 to sell those five shop rooms to them ...
Tag this Judgment!Court : Orissa
Reported in : II(2003)ACC625; 2004ACJ1411; (2003)ILLJ920Ori; 2003(I)OLR33
L. Mohapatra, J.1. This writ petition has been filed for a declaration that third proviso to Section 30(1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') is ultra vires of the Constitution of India and for a further declaration that despite availability of an alternative statutory remedy under the Act the petitioner has a legal right to invoke the writ jurisdiction and for quashing the award passed by the Commissioner for Workmen's Compensation at Annexure-3.2. The case of the petitioner is that he is a share cropper and earns his livelihood by taking on lease small parcels of land belonging to the different owners of his locality and by cultivating the same for specific season or periods. He had employed one Gadan Chhatria alias Suna on casual basis as and when the necessity arose for help in the matter of cultivation in respect of the land taken on lease. The term of employment was purely casual, intermittent and on daily basis. During the year 1989 th...
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Reported in : 2003(I)OLR413
P.K. Balasubramanyan, C.J.1. This appeal has been filed by the Insurance Company. The Insurance Company had insured the bus bearing Regn. No. OSP-2081 belonging to Respondent No. 2 herein. In an accident that occurred, respondent No. 1 suffered injuries. He thereupon approached the Motor Accident Claims Tribunal, Puri with Misc. Case No. 654 of 1989 claiming that he had suffered injuries in the accident and that he was entitled to compensation of Rs. 60,000/-. As usual, in this case also, the owner of the vehicle, respondent No. 2 herein remained exparte. The Insurance Company filed a written statement contesting the claim. It disputed the liability. The Insurance Company also sought permission to take all defences available, in case the owner of the vehicle did not contest the proceeding. The compensation claimed was contended to be highly exaggerated and arbitrary. The Tribunal raised the necessary issues. On behalf of the claimant, two witnesses were examined as P.Ws. 1 and 2. No on...
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Reported in : I(2002)DMC248
A.S. Naidu, J.1. This appeal is preferred under Section 19(1) of the Family Courts Act by the unsuccessful defendant wife (appellant in the present appeal) being aggrieved by the judgment dated October 5,1996 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 186 of 1991.2. Dillip Kumar Pattnaik, the plaintiff-husband (respondent in the present appeal), filed Civil Proceeding No. 186 of 1991 praying, inter alia, for a declaration that the document styled as 'Bibaha Bandhan Agreement' bearing Registration No. 703 dated 24.11.1986 registered before the Sub-Registrar, Cuttack. is a fraudulent and fabricated one and that he had never married the defendant-wife, Namita Mohanty and the latter is not his married wife as well as for other consequential reliefs.3. The short facts which are necessary for appreciating the case are as follows :The plaintiff-husband is an employee of the Postal Department and at the relevant time (1986) was posted at Athagarh. The fathers of both th...
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR316
Bimala Prasad Das, J.1. This revision is directed against the order dated 8.5.2001 passed by the learned Civil Judge (Senior Division), Sambalpur in Money Suit No. 107 of 1991 thereby holding that the promissory note is insufficiently stamped and directing the plaintiff to impound the document by making payment of deficit stamp duty along with penalty by the next date.2. The ground on which the challenge has been made to the aforesaid order is that the non-mention of the words 'to the order or bearer on demand' is irrelevant and thus this promissory note will come under category No. (iii) of Article 49 of Schedule-I of the Indian Stamp Act, 1899 (in short 'the Act') and is thus properly stamped with 40 paise revenue stamp. It is also further alleged that the applicability of Clause (b) of Article 49 of the Act is erroneous. The learned counsel for the petitioner draws my attention to the order dated 31.7.1995 passed by the learned Civil Judge (Senior Division), Sambalpur wherein it was...
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR211
L. Mohapatra, J. 1. The legal heirs of the deceased plaintiff Baidhar Barik are the appellants before this Court against a confirming judgment. 2. The case of the plaintiff is that one Jagannath Barik was the owner of the suit lands and after his death the same devolved on his two sons, Baikuntha and Bauli. The aforesaid two sons remained joint and the settlement record of rights indicate such jointness. Thereafter, there was an amicable partition between both the brothers and the suit lands fell to the share of Baikuntha. While in possession of the suit lands Baikuntha died leaving behind his second wife Kuturi. Kuturi who succeeded to the suit property after death of her husband Baikuntha alienated some portions of her share in favour of one Michhu Mani and her minor son Adikanda Panda. Hema Dei, the daughter of Baikuntha through his first wife in connivance with her maternal uncle also transferred the same lands in favour of the defendants. Due to subsequent transfer made by Hema a ...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT442; (2008)15VST587(Orissa)
..... act on sales effected by it in the course of inter-state trade or commerce during any year on and from the date so notified. section 7 sets up the machinery for registration of dealers and section 8 prescribes the rates of tax on sales in the course of inter-state trade or commerce. sub-section (1) of section 8, as it stood at the material time, provided for the rates of tax to be paid on the turnover by a dealer selling in the course of inter-state trade or commerce to registered dealer the goods of the description mentioned in sub-section (3) sub-section(2 ..... nos. 5(f) and (g) are concerned, the petitioner claims that the same are required for protection and control of boiler, turbines and generator during operation for generating power operation of the switchyard to transmit power from the generating station to ..... treatment.16. their lordships took into account the earlier judgment of the hon'ble supreme court the case of indian copper corporation ltd. v. commissioner of commercial taxes, bihar and ors. : air1965sc891 and came to hold that the vehicle ..... and is still kept pending. it is further averred by the petitioner-company that by a subsequent amendment dated 31.10.1988 the following items namely, 'all machineries and equipments associated ..... ) on 20.12.2007, enclosing therein the statement in a tabular form indicating various items, which in their view justified inclusion in the registration certificate granted to the petitioner-company under the cst act and in the said documents .....
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