Orissa Court October 1981 Judgments
Budhu Ram and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-1981
Reported in: 1982CriLJ497
ORDERR.C. Patnaik, J.1. On a report dated 23-1-79 submitted by the Officer-in-charge of Kalunga Police Station in the district of Sundergarh, the Magistrate being satisfied that there was likelihood of apprehension of breach of peace, initiated a proceeding Under Section 107 of the Criminal P. C. against the petitioner Nos. 3 to 7 and three others. That very day, an application was filed by the Officer-in-charge alleging that the members of the second party were illiterate advisasis and, therefore, they should be taken into custody by a direction for their immediate arrest, under the proviso to Section 113 of the Cr. P. C. and the learned Magistrate issued non-bailable warrants of arrest against them. On 21-2-79 the members of the second party except Bhona Topu in fear of arrest, appeared before the Magistrate and made a motion for being enlarged on bail. They were asked by the Magistrate to produce bailors without directing in his order or intimating the party for what amount each was...
Tag this Judgment!Nityananda Samal Vs. Naraprasad
Court: Orissa
Decided on: Oct-30-1981
Reported in: 53(1982)CLT71; 1982CriLJ927
B.K. Behera, J.1. The appellant was the complainant and the respondent was the accused person in ICC No. 14 of 1978(395-T/78) of the court of Mr. S. K. Das, Judicial Magistrate, Second Class, Cuttack. The case was one Under Section 342 of the Penal Code. After cognizance was taken of the offence, the respondent had been issued a summons and on his appearance, the case proceeded. On 28-11-1978, the date fixed for recording the evidence of the witnesses, the appellant was present with some witnesses, but at the instance of the defence, the case stood posted to 5-1-1979 for recording evidence of all the prosecution witnesses. On 5-1-1979, the date fixed for hearing, the appellant was absent on repeated calls and no steps were taken on his behalf till after 12 noon. The learned Magistrate acquitted the respondent Under Section 256 of Criminal P. C. At 1.15 p.m. that day, the advocate for the appellant filed the Hazira of the appellant and his witnesses along with an application praying to ...
Tag this Judgment!Premananda Moher Vs. Revenue Officer-cum-additional Tahsildar, Bargarh ...
Court: Orissa
Decided on: Oct-29-1981
Reported in: AIR1982Ori77
Patnaik, J.1. In this writ application, the petitioner challenges the decisions of the revenue authorities under Chapter IV of the Orissa Land ReformsAct.2. A suo motu proceeding under Section 43 of the Orissa Land Reforms Act (hereinafter referred to as the 'Act') was started by the Revenue Officer and notices were directed to issue to one Lambodar Moher in O. L. Rule Case No. 152 of 1975. Lambodar, however, had died in the year 1966. So, the petitioner, one of the sons of Lambodar. appeared before the Revenue Officer and filed his objection and affidavit. His brother, Pitambar. also filed an affidavit before the Revenue Officer, After holding an enquiry, the Revenue Officer, by his order dated 15-9-75 held that the petitioner (Premananda) and hisbrothers (Nityananda. Pitambar and Duryodhan), sisters (Shanti and Srimati) and mother (Tilottama) were each entitled to a separate ceiling area and all of them together were to retain 72 standard acres, the balance land was to vest in the Go...
Tag this Judgment!Rajendra Singh Bhatia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-28-1981
Reported in: AIR1982Ori111; 53(1982)CLT497
Patnaik, J. 1. This writ application Eas been filed for quashing certain Certificate proceedings started against the petitioner by the Certificate Officer, Panchpir, Karanjia in Certificate Case Nos. 5/77, 6/77, 7/77, 9/77 and 10/77. 2. The petitioner alleges that he is a Forest Contractor and in pursuance of a sale notice, for sale of forest produce, he participated in the auction relating to sale of 'Departmentally worked (stacked) timbers' and his bid amount being the highest, his bid was accepted, As per the General Conditions of Sale contained in Part-III of the sale notice, the contractor, 'whose bid is conditionally accepted By the Divisional Forest Officer, subject to the approval of the competent authority and the latter, authority, to approves it'. may be granted the right to take the contract for exploiting the forest produce. No sale is binding or complete until approval where necessary, has been obtained and communicated to the bidder and the formal agreement is executed b...
Tag this Judgment!State of Orissa Vs. Orissa Road Transport Company Ltd.
Court: Orissa
Decided on: Oct-28-1981
Reported in: [1983]53STC329(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated each of these cases for opinion of the Court under Section 24(1) of the Orissa Sales Tax Act, 1947. (hereinafter referred to as the 'Act').2. In S. J. C. Nos. 90 and 175 of 1977, the following question has been referred :Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, was legally correct in holding that in respect of the transactions in spare parts and sale of fuel, oil, etc., at cost the assessee is not a dealer as per Section 2(c) of the Orissa Sales Tax Act, 1947 ?In S.J.C. Nos. 194-196 of 1977, two questions have been referred, namely :(1) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is correct to hold that purchases of new spare parts and assessories of such vehicles as Ford, Chevrolet, Desoto, Dodge, etc., were not made with an intention to carry on business of selling the same ?(2) Whethe...
Tag this Judgment!State Bank of India Vs. Ashok Stores and ors.
Court: Orissa
Decided on: Oct-26-1981
Reported in: 53(1982)CLT552
ORDERR.C. Patnaik, J. 1. An order of the Subordinate Judge, Bhubaneswar, rejecting the prayer of the petitioner for adducing additional evidence has given rise to this revision. 2. The opposite parties having obtained a cash credit accommodation to the extent of Rs. 5,000/- secured a loan from the petitioner-Bank. When they failed to clear up the dues, the petitioner filed the suit for realisation of the amount outstanding against the opposite parties. The trial court decreed the suit in part holding the balance to have been barred by limitation. The petitioner filed an appeal and therein filed an application under Order 41, Rule 27 of the Civil P. C. for acceptance of certain documents, namely, statement of accounts with certificate under the Bankers' Books of Evidence Act and certain cash credit pay-in-slips of different dates as additional evidence, petitioner's case was that on 18-9-76 while the case was taken up for hearing, it was not ready and filed an application for time. Its ...
Tag this Judgment!Jotish Roy Vs. the State
Court: Orissa
Decided on: Oct-26-1981
Reported in: 53(1982)CLT12; 1982CriLJ269
P.K. Mohanti, J.1. This is a prisoner's appeal against his conviction Under Section 302, IPC and the sentence of rigorous imprisonment for life.2. Accusation against the appellant was that he caused the death of his daughter Gitarani Mandal on 19th Apr. 1978 at about 6.30 a.m. by means of an axe.3. The prosecution case was that the deceased Gitarani Mandal had been given in marriage to P W 5 Manohar Mandal about a fortnight prior to the occurrence. It was discovered that she was pregnant by the time of her marriage. So she was sent back to the house of the appellant. On 18th Apr. 1978 a meeting was held at the village and she was asked to disclose the name of her paramour, but she refused to do so. The villagers advised the appellant to allow her to remain with him till her delivery. In the next morning, her dead body was found lying at the residential house of the appellant with several cut injuries across her neck. The appellant is alleged to have admitted before the villagers that h...
Tag this Judgment!Bhagirathi Kar and anr. Vs. Jagannath Roul and ors.
Court: Orissa
Decided on: Oct-22-1981
Reported in: AIR1982Ori241; 53(1982)CLT441
R.N. Misra, C.J.1. Challenge in these three writ applications under Article 226 of the Constitution is to the order passed by the Consolidation Commissioner in 3 separate revisions under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (21 of 1972). As common questions arise and one set of arguments had been advanced by common counsel appearing for the parties, we propose to dispose of all these three writ applications by a common judgment.2. Opposite Party No. 1, Jagannath Roul, was the original owner of each item of property forming the subject-matter of the dispute in the writ applications. The petitioner in each of the writ applications acquired title to the property under a registered sale deed and maintained that following acquisition of title, possession was also obtained. In 1970 there was final publication of the Record-of-Rights wherein each of the petitioners was shown to be the owner in possession of the property acquired by him under the reg...
Tag this Judgment!State of Orissa Vs. Cifoods Limited
Court: Orissa
Decided on: Oct-22-1981
Reported in: [1982]50STC152(Orissa)
R.N. Misra, C.J.1. The Member, Additional Sales Tax Tribunal, Orissa, has stated this case under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the 'Act'), and referred the following question for opinion of the court:Whether, on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal is correct in deciding that prawn is not included in the expression 'fish' appearing in entry serial No. 1 of the schedule relating to levy of purchase tax over goods notified under Section 3-B of the Orissa Sales Tax Act ?2. The assessee is a registered dealer and we are concerned with two years, being 1972-73 and 1973-74. With effect from 1st February, 1959, fish became taxable under Section 3-B of the Act at the purchase point, the rate prescribed being 3 per cent. From 26th December, 1967, the rate of tax was reduced to 2 per cent. The assessee took the stand that prawn was not fish and, therefore, the purchase of prawn was not exigible to tax. In ...
Tag this Judgment!State of Orissa Vs. Shree Shree Goursundar Rice and Oil Mill
Court: Orissa
Decided on: Oct-22-1981
Reported in: [1982]50STC202(Orissa)
R.N. Misra, C.J.1. On the application of the State under Section 24(2)(b) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the 'Act'), this Court by order dated 10th January, 1979, directed the Member, Additional Sales Tax Tribunal, to state a case and refer the following question for the opinion of the court:Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was correct in allowing tax relief to the opposite party (assessee) in respect of the purchases of groundnut amounting to Rs. 1,25,173.81 ?2. The assessee is a registered dealer under the Act. It carried on business in milling rice and oil-seeds at Barpalli in the District of Sambalpur. For the period 1972-73 it claimed exemption from tax in terms of serial No. 56 on a turnover of Rs. 1,25,173.81 by contending that groundnut worth that amount had been utilised for manufacture of oil. The appropriate declaration in form D was produced to support the claim. The...
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