Court : Orissa
Reported in : 2008CriLJ3420
..... to establish that the seizure of sword m. o. i was effected at the instance of the appellant by resorting to the provision under section 27 of the evidence act.no other witness except the investigating police officer. p.w. 11 deposes regarding seizure of lungl m. o. ii belonging to the appellant under seizure list ext. 12 ..... admittedly, the witnesses examined by the prosecution as eye-witnesses to the occurrence do not implicate the appellant with the alleged offences while deposing in court. p.w. 4 the informant says that p.w. 2 came to him in the night and told that mad sundarsan caused the injuries on his forehead. he says to have ..... submitted charge-sheet against the appellant for commission of offence under sections 302/324, i.p.c. accordingly, the appellant faced trial for commission of the aforesaid offences.4. the appellant took the plea of complete denial. in order to establish the charges, prosecution examined twelve witnesses in all. no defence witness was examined. of the 12 .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2064; (2008)106CALLT579; (2009)IILLJ165Ori
..... course of his employment. it was further held that in the deeming provision of section 51-c of the employees' state insurance act, 1948 (act 34 of 1948) which came into force by way of amendment by employees' state insurance (amendment) act, 1966 (act 44 of 1966) enlarging the scope of 'in the course of employment' to include an employee travelling as a passenger by ..... placed on khillo chandramma v. hindustan construction co. ltd. 1971 lab ic 135, in order to indicate the process of calculation of the wages as per sections 4 and 5 of the act. therefore, it is found that the fixation of amount of rs. 650 per month as per daily wages method is found excessive. it can be something lesser ..... labour commissioner after going through the evidence of pws 1 to 3 has found that although there was cross-examination at length, nothing adverse to that effect could come out.4. from the side of defence one bhagirathi das, an employee of the o.f.d.c. was examined as dw 1. he has produced exh. a, the payment .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori159
..... the district of ganjam. an order of eviction has been passed by the board of revenue against the plaintiffs as en-croachers, under section 7 of the orissa act xv of 1954. they allege that they have acquired title to the disputed lands by adverse possession by being in continuous exclusive possession for more than 60 years in ..... atchi reddi v. venkatarangacharlu, air 1926 mad 1140 relied upon by the learned advocate general is more in point. though the facts are not exactly identical, the principle applies.4. the question arises as to whether the learned subordinate judge was right in dismissing the suit. order 1, rule 2 c. p. c. prescribes that where it appears ..... down; that all persons may be joined in one suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions, is alleged to exist, whether jointly, severally or in the alternative where, if such persons brought separate suits, any common question of law .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori257
..... the following contentions-(i) in a reversionary suit of this nature, the essential relief claimed is for recovery of possession. section 7(v)(c) of the court-fees act and not section 7(iv)(c) would govern the case and the plaintiffs are to pay court-fees on the market value of the land; and (ii) the market value of the ..... neighbourhood; 5. that to reversionary suits simpli-citer section 7(v)(c) is applicable, is concluded by high authorities (see air 1922 pat 615 (sb), ram sumran v. gobindas; air 1938 pat 22 (fb), ram khelawan v. surendra sahi; air 1949 pat 328, pursottim choubey v. rajpati kuer and air 1946 bom 363, waman v. naravan.) the limited owners had ..... court-fee.9. the next question for consideration is as to what would be the valuation of the suit for the purpose of jurisdiction. section 8 of the suits valuation act enumerates suits in which the court-fee value and the jurisdictional value would be same. it specifically excludes suits, referred to in section 7(v)(c) of the court- .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR600
..... tender call notice, except possessing an e.s.i. code, which is legally not permissible nor required to be possessed under the employees state insurance act (hereinafter called 'the e.s.i. act'). the petitioner claims that fixation of such a condition as one of the minimum qualifying requirements, is illegal, unreasonable and invalid, since such ..... e.s.i. code.8. in order to appreciate the contentions raised, a few relevant provisions of the employees state insurance act, 1945 (hereinafter called 'the e.s.i. act') may be gone into. the act is a beneficial legislation providing for certain benefits to employees in case of sickness, maternity and employment injuries and for ..... of the establishment.' chapter iv of the e.s.i. act is in relation to contribution to the e.s.i. fund. under section38 thereof subject to the provision of this act, all employees in factories or establishments to which e.s.i. act applies, shall be insured in the manner provided under the act. section39 provides that the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori70; 66(1988)CLT361
..... matter of these two writ applications.2. fishery sairat sources in question belonged to kujanga estate which vested in the state of orissa under the orissa estates abolition act, 1951 in the year 1952. thereafter, those were being administered by the kujanga tahasil till the bifurcation in the year 1959 i.e., (i) kujangatahasil, and ..... co-operative society. the commissioner hasaccepted the grievance of the co-operative society in part and turned down the same in respect' of the other part.4. order of the additional district magistrate for settlement of some of thefishery sairats with kalinga karnadhar primary fisherment's co-operative societywas no assailed by the ..... produce the orders of vesting of such sairats in the grama panchayat. no such specific order of vesting could be produced before us. under the grama panchayat act, tahasildar is not competent to transfer sairats to the block development officer on behalf of any grama panchayat. accordingly, we are inclined to agree with mr .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori47
..... v. smt. rajeshwari kuinari, air 1937 pat 141, which was considered by a later full bench of that court in ramkhela-wan sahu v. surenda sahi, air 1938 pat 22 and that decision is in line with the decisions referred to by me above. it was further argued by mr. dasgupta that the school of law referred ..... 64 np. the peripatetic stamp reporter after a closer examination of the plaint reported that the plaintiffs were liable to pay court-fee under section 7(iv)(c) of the court-fees act in respect of the properties covered under various alienations, because according to him the properties covered by the transfers' cannot be partitioned unless the transfers are ..... the instant case, the plaintiffs were not parties to the various alienations complained of in the plaint. their definite case in the plaint was that these alienations were not acted upon and were fraudulently made. in view of the andhra pradesh decision cited above, they are entitled to ignore the same.it was contended on behalf of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori187
..... under articles 226 and 227 of the constitution challenging the impugned orders passed by the original and the appellate authorities under the orissa house rent control act, 1967 (for short, the 'act') allowing an application made by ashok pandit (opposite party no. 1) for eviction of thepetitioner from the house belonging to the former in the ..... the appellate authority can now be taken in a certiorari proceeding. he has submitted that there is no ground for intereference by this court in its writ jurisdiction.4. the opposite party no. 1 undoubtedly was competent to institute the case for eviction as the evidence did warrant a conclusion, as found by the original ..... (1979) 1 cut wr 94 : (air 1979 orissa 101) surajbali ram v. dhani ram, mr. rout for the petitioner has contended that an authority under the act is not empowered to decide complicated questions of title. thiscontention cannot also prevail, as has rightly been submitted by mr. basu. no complicated questions of title were involved .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise. as was said by duff., j. in attorney-general for ontario v. reciprocal insurers, (1924) ac 328 at p. 337 (b): 'where the law making authority is of a limited or qualified character it may be necessary to examine with some strictness ..... means or machinery or basis of taxation. in other words, the mode of assessment does not determine the character of tax.'the tax is charged under section 4 of the cess act. the provisions in sections 5, 6 and 7 contain the mode, the manner or the machinery of taxation. it is therefore, difficult to accept the contention ..... precentage of another tax, the determination of the cess is not by an independent assessment. it is an arithmetical calculation based on the result of assessment under other act or acts,........'in the case of ramchand maroti v. malkapur municipal council, air 1970 bombay 154, it was urged that no machinery had been provided for the manner of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori263; 64(1987)CLT713
..... v. hiranbala debi), with facts almost similar to the present one, the question again came up for consideration under the provisions of the orissa house rent control act (act 31 of 1958). the case arose out of an appeal filed by the landlord against an order passed by the executing court on an application under section 144, ..... the house as a trespasser and hence no relationship of landlord and tenant subsisted between the parties so as to maintain the petition under the orissa house rent control act. both the petitioner and opposite party no. 1 preferred appeals before the chief judicial magistrate, ganjam, berhampur, who reversed the, decision of the house rent ..... controller and directed eviction of the petitioner and also fixed the fair rent of the house at rs. 200/- per month.4. so far as the first submission is concerned, it has no force since the petitioner came himself witha petition before the house rent controller for setting aside the .....
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