Court : Orissa
Reported in : 1994(II)OLR172
A. Pasayat, J.1. The six applications under Section 24 (1) of the Orissa Sales tax Act, 1947 (in short, the 'Act') and the writ applications are interlinked, and therefore, are disposed of by this common judgment.2. M/s. Dredging Corporation of India (hereinafter referred to as 'assessee') entered into an arrangement with Paradip Port Trust (hereinafter referred to as 'Port Trust') for the purpose of dredging outer approach channel, inner approach channel, entrance channel, turning circle/lagoon, general cargo berth/ iron ore berth, fertilizer berth, mooring berth and sand trap of Port Trust. Payments made by the Port Trust to the assessee were treated as hire charges for transfer of the right to use dredgers for specified period and as such tax was levied thereon purportedly under Section 2 (g) (iv) of the Act. For years 1984-85 and 1985-86 assessments were made under Section 12 (8) of the Act. For year 1986-87 assessment was completed under Section 12 (4) of the Act, Demands raised i...
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT665; 1994(II)OLR79
L. Rath, J.1. The petitioners are Private Secretaries of the Judges of the Orissa High Court seeking the relief of retrospective operation of the Home Department's resolution of 27-7-1991 (Annexure-7) granting them the Class-lI gazetted status and the scale of pay of Rs. 1976-2975/- with effect from 1-1.1-1986 and some other reliefs. During the hearing of the case the claim was developed for retrospective grant of the scale of pay from 1-2-1985, the date from which the Private Secretaries of the Secretariat received the scale of pay. The facts placed by the petitioners for claiming the reliefs are that the Personal Assistants of the Judges of the Orissa High Court, which from the cadre from which promotion to the post of Private Secretary is made, were allowed relief of the scale of pay of Rs. 1365-2385 with effect from 1-11-1986 as per the Government's Setter dated 30-9-1989 in pursuance of the judgment of this Court reported in 68 (1989) CLT 760 (Narayan Sahoo v. State), Because of s...
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT187; 1994(I)OLR285
L. Rath, J.1. An order passed by the learned Subdivisional Judicial Magistrate, Bhubaneswar recalling the process issued against the opposite party on a complaint Under Section 500 read with Section 34, IPC brought by the petitioner arraigning the opposite party as accused No, 3 is assailed in the present petition. The bare facts are that the complaint was filed alleging commission of offence by Shri Pritish Nandy, the Editor and Publisher of the Illustrated Weekly of India and Dr. Claude Alvares as also the present opposite party alleging that the petitioner was a Cabinet Minister of the Government of India since 23-4- 1989 and was Minister of Environment and Forest til! 2-4-1990. Two issues of the Illustrated Weekly of India were published for the period July 29-August 4, 1990 and August 26-September 1, 1990 respectively containing articles captioned,'A Hallow Mockery'' and 'The Real issues, Both the articles contained defamatory imputations and aspersions against the petitioner. The...
Tag this Judgment!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 : 1994CriLJ1912
ORDERA. Pasayat, J.1. The two petitioners faced trial before the learned Chief Judicial Magistrate, Balangir on the accusation that they had exposed mustered oil for sale, which on analysis by the Public Analyst was found to be adulterated to attract culpability under the provisions of the Prevention of Food Adulteration Act, 1954 (in short, the 'Act'). They were convicted and sentenced, which got seal of approval of the appellate court. Petitioner Babulal was stated to be the proprietor of the shop which was issued with a food licence bearing No. 193-R-l 38 under the Prevention of Food Adulteration Rules, 1955 (in short, the 'Rules').2. Matrix of accusation leading to trial is as follows:On 6-10-1985 the Food Inspector, Balangir district visited the shop when the petitioner Mangturam was conducting the business activities, while petitioner Babulal was absent. The Food Inspector purchased 375 grams of mustard oil in presence of the witnesses having suspected that the same was adulterat...
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR323
K.C. Jagadeb Roy, J.1. These appellants have appealed against the order of conviction and sentence passed by the Assistant Sessions Judge, Jeypore in Sessions Case No. 15 of 1986 dated 24-2-1987. Each of the appellants was sentenced to undergo R.I. for 10 years Under Section 376 IPC, 5 years Under Section 366 IPC and one year Under Section 506 IPC with a direction that all the sentences are to run concurrently.2. The facts of the prosecution case in short are as follows :On 25-2-1986 the prosecutrix Zarina Bagh had been to Footpad to attend the religious congregation of persons espousing Christianity. In the evening she along with one Bibilina Bagh came to the house of one Adam to get some gruel. While they were returning from the house of Adam to the place of their stay by the hospital road, the present appellants met them on the way and asked them from where they had come. The time then was 8. 30 p. m. in the evening. Raman, the present appellant No. 1 tried to drag Zarina to a place...
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR435
B.L. Hansaria, C.J.1. The petitioner has assailed the vires of Section 5-A of the Orissa Sales Tax Act, 1947 (for short 'the Act') as inserted by the Orissa Act 11 of 1990 which came into force on 1-7- 1990.2. Though a Bench of this Court had upheld the validity of the aforesaid section in O.J.C. No. 172 of 1992 (M/s. Sitania Enterprisers v. State of Orissa) decided on 13-7-1993, Shri Agrawal appearing for the petitioner contends that the point which he seeks to urge had not been canvassed in that O.J.C. We have, therefore, heard the learned counsel on the new point on the strength of which he seeks to assail the validity.3. Let us note the relevant part of the section at the threshold.'5-A (1) Every dealer whose gross turnover during any year exceeds rupees ten lakhs shall, in addition to the tax payable by him under this Act, also pay a surcharge at the rate of ten percentum of the total amount of the tax payable by him ;Provided that the aggregate of the tax and surcharge payable un...
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC117; 1994ACJ138; AIR1994Ori65; [1994]80CompCas461(Orissa); 1994(I)OLR1
Hansaria, C.J. 1. These appeals by the insurer have raised the question of its liability to satisfy the awards which have been passed in proceedings under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter, 'the Act') claiming compensation for the death of three persons who were travelling in a goods vehicle, which had been hired by the deceased and who were travelling in the vehicle which got involved in an accident. When these appeals came before one of us (G. B. Patnaik, J.), reliance was placed on a bench decision of this Court in Oriental Fire and General Insurance Company Ltd. v. Narayani Bai, 1984 Ace CJ 106 : (AIR 1984 Orissa 43) in which this question had been answered in affiramtive. This had been done following the decisions of Karnataka High Court in Channappa v. Laxman Bhimappa, AIR 1979 Karnataka 93; T. M. Renukappav. Fahmida, 1980 Acc CJ 86 : (AIR 1980 Karnataka 25) and United India Insurance Co. Ltd. v. Gangamma, 1982 Acc CJ 357 : (AIR 1982 Karnataka 263). The l...
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR524
A. Pasayat, J.1. Order passed by the Consolidation Officer, Raghunathpur in a proceeding Under Section 9 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, the 'Act') is primarily the subject-matter of challenge. Addition- ally it is submitted that the officers appointed under the Act to exercise various functions are not well equipped to deal with the complicated questions of fact and law, and therefore, the authorities who are expected to substitute the judicial officers trying suits in Civil Courts, by and large are deficient and as a result the administration of justice has become a casualty.2. Before we deal with the larger question relating to functioning of the officers appointed under the Act, it is necessary to deal with the main challenge.The fact situation is almost undisputed. Objection Case Mo. 3256/730 of 1989 was filed Under Section 9 (3) of the Act by 35 persons who are arraigned as opposite party Nos. 6 to 40 in this wr...
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...
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