Court : Orissa
Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)
Patra, J. 1. Opposite party No. 1 had brought a money suit against opposite parties Nos. 2 and 3 and the petitioner for recovery of Rs. 2,300 alleged to be due on a hand-note dated June 3, 1966, executed by opposite parties Nos. 2 and 3 in favour of opposite party No. 1. The petitioner stood surety for payment of the debt. In paragraph I of the plaint, opposite party No. 1 stated that he was a registered money-lender and had obtained the necessary licence. Subsequently he filed an amendment to the effect that he had discontinued his money-lending business during the period of the transaction, that is, from 1965 to 1969. All the defendants contended in the suit that the plaintiff is a regular money-lender and had never discontinued his money-lending business and that, consequently, the suit is hit by Section 8 of the Orissa Money-Lenders Act. The suit was in due course taken up for trial on March 18, 1971, and the trial continued from day-to-day. In the midst of the trial, defendant No....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ174; 1994(II)OLR430
A. Pasayat, J.1. Appellant Keshab Chandra Panda (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable Under Section 304B of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of seven years imprisonment as awarded by learned Addl. Sessions Judge, Jajpur,2. Accusation which led to trial of accused- appeiiant are as follows :On 15-1-1989,the accused and Pravatini alias Chema Kar (hereinafter referred to as the 'deceased') entered into wedlock. Subsequently, some dissensions surfaced between them, which according to prosecution was on account of non-fulfilment of demands for dowry made at the time of marriage. The accused assaulted the deceased with an iron red on 2-6-1989, which led to lodging of information at Kuakhia Out-Post on 3-6-1989. A Station Diary Entry was made. An effort was made to bring about amity between the accused and deceased. After a long stay in the house of her parents, the deceased returned to the h...
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT287; 1987(30)ELT260(Ori)
J.K. Mohanty, J.1. The petitioner company is a company registered under the Indian Companies Act having its registered office at Rayagada in the district of Koraput which manufactures sugar. Section 3(1) of the Central Excises and Salt Act (for short 'the Act') provides that there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in India and a duty on salt manufactured in, or imported by land into any part of India as, and at the rates, set forth in the First Schedule. As per Section 2(d) of the Act, 'excisable goods' mean goods specified in the First Schedule as being subject to a duty of excise. Item No. 1 of the First Schedule is 'sugar' produced in a factory ordinarily using power in the course of production of sugar. In order to achieve maximum production the Government of India decided to give incentives to the manufacturers of sugar. One of the incentives was rebate in the...
Tag this Judgment!Court : Orissa
Reported in : (1992)ILLJ397Ori
K.P. Mohapatra, J.1. In these writ petitions a large number of employees of various categories serving under opposite party Nos. 1 and 2 and their service associations have challenged the decision of opposite party No. 1 for retrenchment of staff considered to be excess, as well as the orders of retrenchment. As common questions of fact and law are involved and arise for consideration, with the consent of the counsel for the parties they were heard together and are disposed of by this judgment.2. Facts common in all the writ petitions are that the petitioners are employees of the Orissa State Road Transport Corporation (opposite party No. 1) (for short 'the Corporation') serving in various categories and were mostly appointed for efficiency of public transport in the State after the modified Banner Scheme was introduced in the year 1983. According to this scheme which was operated in six districts of the State, namely, Cuttack, Balasore, Mayurbhanj, Ganjam, Puri and Phulbani, the owner...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR388
B.P. Das, J.1. This appeal' under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred; to as the 'Act') is at the instance of the insurer challenging the award passed by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short, 'the W.C. Commissioner).2. The question of law that arises for consideration in this appeal is whether the deceased being engaged for one day to drive the vehicle of the owner can be construed to be a workman under the Workmen's Compensation Act.3. The brief facts leading to this appeal are follows :Respondent No. 2 was the claimant before the Commissioner for Workmen's Compensation claiming compensation for the death of her husband namely Bisen alias Biswanath Mahanta, who died in a motor vehicular accident. The case of the claimant before the W.C. Commissioner was that her husband was employed as a driver by present respondent. No.l. Mohan Kumar Sahoo of Naranpur, in the district of Keonjhar. On 27.12....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori359
Das, C.J. 1. This is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice-Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :2. The application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one-fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice-Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice-Chancellor. Thereupon a fresh...
Tag this Judgment!Court : Orissa
1. The petitioner, who is an elected member of the Zilla Parishad, Balasore, has filed this writ petition for a declaration that opposite party Nos.6 and 7 who had been elected as President and Vice-President have ceased to hold office in such capacity having not taken oath/affirmation as required under sub-Section (2) of Section 36 of the Orissa Zilla Parishad Act, 1991 and a further declaration that the petitioner being the number one in the panel of elected members is entitled to assume the office of the President of Zilla Parishad in terms of sub-Sections (3) and (4) of Section 9 of the said Act.2. The case of the petitioner is that the elected members of the Balasore Zilla Parishad took oath/affirmation as members of the said Zilla Parishad on 13.3.2007. The first meeting was convened for the purpose of election of President and the nomination was scheduled to be filed between 10.30 A.M. to 12.30 A.M. The nomination papers were scrutinized at 12.30 A.M. and the process for withdra...
Tag this Judgment!Court : Orissa
Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)
B.N. Mahapatra, J.1. In this writ petition, the petitioners challenge the action of opposite parties 1 and 2 in conducting survey in their business premises and impounding books of account/documents belonging to their clients in course of the survey and retention of those books of account/documents on the ground that the said survey was conducted illegally and all the consequential actions taken by opposite parties 1 and 2 were in violation of the provisions of Section 133A of the Income Tax Act, 1961 (hereinafter referred to as 'the I.T. Act').2. The facts giving rise to this writ petition are that the petitioner No. 1 is a Chartered Accountants firm and petitioner Nos. 2 & 3 are its partners. They are engaged in the practice of accountancy involving auditing, consultancy, financing and other services to their clients under the provisions of Chartered Accountants Act, 1949 (hereinafter referred to as 'C.A. Act, 1949'). On 28th May, 2008, opposite party No. 1 conducted survey under Sec...
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori26; [1961]31CompCas617(Orissa)
Barman, J.1. The defendant No. 1 is the petitioner in this Civil Revn. directed against an order of the Addl. Subordinate Judge, Cuttack, in mortgage suit No. 53 of 1953, who, --on a consideration of the preliminary issues raised by the defendants in the said suit as to maintainability and jurisdiction of the trial court to entertain the said suit, in view ot certain provisions of the Banking Companies Act, 1949, --held that this suit was maintainable in his court and that the said Court had jurisdiction to entertain and try the same.2. The plaintiff in the suit is Orissa Bank Ltd. The suit was filed by the plaintiff through its Official Liquidator as Liquidator of the Bank 'In Members Voluntary Liquidation'. The relevant facts shortly stated are these: In 1933 the plaintiff was registered as a company under the Indian Companies Act, 1913. The name of the Company, Orissa Bank Ltd., was registered as stated in the Memorandum and Articles of Association as appears from a copy thereof ame...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori150; 1958CriLJ916
ORDERR.L. Narasimham, C.J. 1. This reference and revision were heard analogously and will be dealt with in one judgment.2. The Orissa Branch of the Delhi Special Police Establishment of the Government of India, submitted charge-sheet for offence under Sections 409/467, I. P. C. and Section 52 of the Indian Post Offices Act 1898 (Act VI of 1898), against a Postman named Bichitrananda Mohanty, on 31-3-1955, before the Additional District Magistrate of Puri who, after a preliminary enquiry committed him for trial to the Court of Session for offences under Sections 465/471, I. P. C. and Section 52 of the Indian Post Offices Act.The substance of the allegation against him was that he abstracted two cement permits addressed to two persons, namely Sri Ramachandra Das and Sri Gadadhar Parida in two registered letters, committed misappropriation in respect of them and also fraudulently used as genuine two forged acknowledgement receipts purporting to have been given by the addressees. The Addit...
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