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Orissa Court September 1978 Judgments

Sep 26 1978

Prajatantra Prachar Samiti Vs. Regional Provident Fund Commissioner

Court: Orissa

Decided on: Sep-26-1978

Reported in: 46(1978)CLT490; (1979)ILLJ136Ori

R.N. Misra, J.1. Petitioner is a registered trust and publishes a local Oriya daily called the 'Prajatantra' and an English weekly named 'Eastern Times.' It also runs a press where the newspapers referred to above are printed. The Samity is covered under the Employees' Provident Fund Scheme and the provisions of the Employees' Provident Funds and Family Pension Fund Act, 1952 and the Scheme made thereunder. It failed to make payment of its contribution to the Funds in time as provided by statute and upon such failure, the Regional Provident Fund Commissioner (opposite party) directed recovery of the contributions under the provisions of the Orissa Public Demands Recovery Act as provided by Section 8 of the Employees' Provident Funds and Family Pension Fund Act, 1952 (hereinafter referred to as the 'Acts'). Several certificate cases for different periods have been instituted. Along with the recovery of contributions, damage has been claimed under Section 14B of the Act. Though several c...

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Sep 19 1978

State of Orissa Vs. Mathuri Mallik and anr.

Court: Orissa

Decided on: Sep-19-1978

Reported in: 46(1978)CLT455; 1979CriLJ508

P.K. Mohanti, J.1. The respondents were jointly tried for offences under Sections 302/34 and 454 I. P. C. but Were ' convicted under Section 304, Part II read with Section 34 I. P. C, and sentenced to undergo R. I. for six years each. This appeal has been preferred by the State against the order of acquittal on the ground that the trial court erred in not convicting the respondents under Section 302/34 I. P. C. There has been no appeal by the respondents against their conviction under Section 304, Part n read with Section 34 I. P. C.2. Shortly stated, the prosecution case was that the deceased Bira Mallik had two sons, namely, Bata and Nata. Respondent No. 1 Mathuri Mallik is the son and respondent No. 2 Musa Dei is the wife of Bata. The deceased was living separately from his sons who were also separate inter se. They resided in separate rooms in the same compound. On 27-4-74 a quarrel ensued between the deceased and the accused Musa Dei in course of which they assaulted each other an...

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Sep 12 1978

Amina Bibi Vs. Tahsildar-cum-revenue Officer and ors.

Court: Orissa

Decided on: Sep-12-1978

Reported in: AIR1979Ori47; 46(1978)CLT527

R.N. Misra, J. 1. This writ application for certiorari was filed by a mother and her son who were petitioners 1 and 2 respectively. During the pendency of the application, the motherhaving died, the son has become the sole petitioner. The determination of the ceiling area in a suo motu proceeding under Section 42 of the Orissa Land Reforms Act (hereinafter referred to as the 'Act') and the decision of the appellate and the revisional authorities are assailed in this application. 2. It is unnecessary to examine the facts of the case as having heard learned counsel for parties at length we are inclined to take the view that the appeal preferred by the petitioners before opposite party No. 2 was within the period of limitation and the same should not have been thrown out as being barred by limitation and the appellate authority was obliged to dispose of the appeal on merit. We shall presently examine the question as to whether the appeal was barred or not barred by time. 3. The Revenue Of...

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