Orissa Court November 1981 Judgments
Chakradhar Patel Vs. Samasingha Service Co-operative Society Ltd. and ...
Court: Orissa
Decided on: Nov-28-1981
Reported in: AIR1982Ori38; 53(1982)CLT57; (1982)ILLJ381Ori
R.N. Misra, C.J. 1. The Samasingha Service Co-operative Society Limited (opposite party No. 1) -- hereafter referred to as the 'Society' -- is a society within the meaning of Section 2(k) of the Orissa Co-operative Societies Act, 1962 (hereafter referred to as the 'Act') having its registered office at Samasingha within the district of Sambalpur. Petitioner was appointed as Secretary of the said society and was an officer within the meaning of Section 2 (g) of the Act On 19-11-1978 the President of the society (opposite party No. 2) suspended the petitioner from service and directed him to hand over charge of his office to the Co-operative Extension Officer of the Kolabira Block. Later that day, the Board of Management of the society approved the action of the President and also accepted the resignation of the President. The Co-operative Extension Officer was appointed as the Enquiring Officer to investigate into the charges against the petitioner. He called upon him to offier bis expl...
Tag this Judgment!Bishnu Deo Vs. the State
Court: Orissa
Decided on: Nov-28-1981
Reported in: 53(1982)CLT380; 1982CriLJ493
B.K. Behera, J.1. This appeal arises out of the order of conviction passed against the appellant Under Sections 302, 201 and 506 of the IPC with sentences of imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for one year for the respective offences. The appellant, then working as the Gadidar of the liquor shop at village Dunga in the district of Kalahandi, had allegedly committed the murder of Shiva Bhagwan Sharma, then working as the Manager in that liquor shop (hereinafter described as the deceased) on the 30th May, 1976, at about 9 p.m., by means of the Tangi (M. O. I), witnessed by Meta Harijan (PW 1), then working as a labourer also in the same liquor shop and had allegedly caused evidence of the commission of the offence of murder to disappear by carrying the dead body of the deceased with the help of PW 1, by intimidating and' keeping him under grave threat to do away with his life in case he did not assist him and did not keep it a secret and ...
Tag this Judgment!Commissioner of Income-tax Vs. Sadananda Sahu
Court: Orissa
Decided on: Nov-27-1981
Reported in: [1982]136ITR726(Orissa)
R.N. Misra, C.J.1. These are references made by the Income-tax Appellate Tribunal, Cuttack Bench, under Section 256(2) of the I.T. Act, 1961, in terms of a direction from this court, and the following common question has been referred for the opinion of the court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income-tax Act of 1961 ?'2. The assessee is an advocate and is being assessed in the status of an individual. The relevant assessment years are 1967-68 and 1971-72. Apart from professional income, the assessee owned a house. In the course of assessment proceedings, the ITO noticed that the assessee was constructing a house. When called upon, the assessee furnished an estimated expenditure of Rs. 35,000 for the construction. The ITO, however, estimated the cost of construction to be Rs. 62,004 and the difference of Rs. 27,004 was taken as unexplained investment, and applying the p...
Tag this Judgment!Narendra Kishore Chand Vs. State of Orissa
Court: Orissa
Decided on: Nov-27-1981
Reported in: 53(1982)CLT191; 1982CriLJ934
ORDERR.C. Patnaik, J.1. The petitioner was prosecuted Under Section 7 of the Essential Commodities Act for contravention of Clause (3) of the Orissa Wheat and Wheat Products Control Order, 1973 and Clause (3) of the Orissa Declaration of Stocks and Prices of the Essential Commodities Order, 1973.2. The allegations to support the charge on the first count were that he was in possession of 10 bags of Atta, each bag weighing 90 K. Gs. and one bag of Atta weighing 78 K. Gs. 59 bags of flour and 80 K. Gs. of Suji and allegations in respect of the second charge were that the petitioner was in possession of 4 tins of mustard oil, each tin weighing 16.8 K. Gs. and 85 K. Gs. of sugar in his shop; but he, however, did not display the position of stock etc. on the board which he was required to maintain under the Orissa Order referred to above. The learned Magistrate acquitted him of the first charge; but convicted him for violation of the Orissa Order for his failure to display the stock positio...
Tag this Judgment!Narasingha Charan SwaIn Vs. Jairam Jena and ors.
Court: Orissa
Decided on: Nov-25-1981
Reported in: AIR1982Ori75; 53(1982)CLT87
P.K. Mohanti, J.1. This is an application under Section 151. C. P. C. for restoration of First Appeal No. 47 of 1974 which was dismissed for default on 29-1-1979.2. The First Appeal was dismissed because the appellant failed to comply with a peremptory order to file the paperbooks on compulsory documents within the time fixed by the Court. The petitioner's contention is that he did not know that a peremptory Order had been passed and that when the connected appeal (F. A. No. 310 of 1978) was listed in the Cause List on 7-5-80 he came to know about the dismissal of the appeal.3. The application for restoration was filed on 12-5-80. that is, after a delay of about 523 days. The petitioner has filed another application for condonation of delay on the ground that he was not aware of the peremptory order and he came to know about dismissal of the appeal for the first time when the matter was listed in the Cause List on 7-5-80.4. The Opposite Party No. 1 Jairam Jena has opposed the prayer fo...
Tag this Judgment!Buty and ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-25-1981
Reported in: 1982CriLJ938
P.K. Mohanti, J.1. The appellants have been convicted Under Sections 302 and 201, IPC both read with Section 34, IPC and sentenced to undergo imprisonment for life for the offence Under Section 302/34, IPC No separate sentence has been awarded for the offence Under Section 201/34, I. P.C.2. Prosecution case was that on 25-6-1977 at about noon the deceased Saraswati Misra of village Fatabahel left for village Budelpalli for arranging straw and approached P.W. 5 purusottam Bhoi for the purpose. When he refused to give straw, she went to the house of the appellants to realise rice from them which they were to pay towards the interest of a loan incurred by them some months prior to the occurrence. Since the deceased did not return to the house till evening, her son Krushna-kanta (P.W. 11) sent P.W. 4 Srimati Matari and one Dusta to search for her. Those two persons informed Krushnakanta that they came to know from P.W. 5 Purusottam Bhoi that the deceased had gone to the house of the appell...
Tag this Judgment!Amiya Kumar SwaIn Vs. Principal, Regional Engineering College, Rourkel ...
Court: Orissa
Decided on: Nov-18-1981
Reported in: AIR1982Ori43; 53(1982)CLT173
J.K. Mohanty, J.1. The petitioner was admitted as a student of Regional Engineering College, Rourkela (hereinafter mentioned as 'R. E. College') in Aug., 1973. He passed the Preliminary Science (Engineering) Examination and I. Sc. (Engineering) Examination of Sambalpur University and joined the 1st Semester of the B. Sc. Engineering course. While he was studying in the 7th Semester in 1976-77, he received the order dated 18-8-1976 (Annexure 2) of the Principal, R. E. College wherein it was mentioned :'The admission of Sri Amiya Kumar Swain (Present Roll No. 35-7th Semester) to this College with Roll No. 158 in the Academic Session 1973-74 is hereby cancelled as he has managed to take admission into the 1st Semester of the B. Sc. Course by producing false mark-sheet. It may be mentioned that the Orissa University of Agriculture and Technology, Bhubaneswar vide their notification No. 13983/UAP dated 7th Aug., 1976 have also cancelled his pre-professional trimester results of 1972-73 exam...
Tag this Judgment!Saudamini Dei Vs. Bhagirathi Raj
Court: Orissa
Decided on: Nov-18-1981
Reported in: 53(1982)CLT93; 1982CriLJ539
ORDERR.C. Patnaik, J.1. This revision by the wife is directed against the judgment of the learned Sessions Judge in revision reversing the decision of the Magistrate granting maintenance to the petitioner at the rate of Rs. 30/- per month in a proceeding Under Section 125 of Criminal P.C.2. Facts shortly stated:The parties were married in Falguna 1974 in Gandharba form by exchange of garlands. After some time the initial warmth vanished and there was dissension, and it is alleged by the petitioner, she was illtreated and later on driven out. The petitioner took shelter under the care of her father. At the instance of her falher a Panchayati was convened and at the said Panchayati, the decision was that the opposite party would take back the petitioner and look after her properly. A Panchayati Patra (Ext. 2) was prepared. The gentlemen as well as the parties signed the same. In pursuance of the said settlement, the petitioner was taken back by the opposite party. However, amity did not ...
Tag this Judgment!Smt. Hiramani Kundu and ors. Vs. Additional District Magistrate (Land ...
Court: Orissa
Decided on: Nov-17-1981
Reported in: AIR1982Ori27; 53(1982)CLT47
Das, J.1. Petitioners are successors-in-interest of Bhagabat Kundu. Bhaga-bat Kundu had filed a civil suit (O.W. No. 217 of 1966) in the court of the Munsif, Balasore against opposite party No. 4 for declaration of title and for eviction of opposite party No. 4 on the ground that opposite party No. 4 had trespassed upon the suit land. The defence of opposite party No. 4 was that the vendor of Bhagabat Kundu had contracted to sell the suit land to him and had delivered possession thereof. He claimed that he was entitled to protection under Section 53-A of the Transfer of Property Act. The learned Munsil held that Bhagabat had title to the suit property and opposite party No. 4 was a trespasser and hence decreed the suit. Opposite Party No. 4 preferred an appeal against the decree of the learned Munsif, but the same was dismissed. He thereafter preferred Second Appeal No. 272 of 1979 which was decided on 12-2-1974 and the decree of the trial court was upheld. After disposal of the Second...
Tag this Judgment!Jadunath Khatua Vs. the State
Court: Orissa
Decided on: Nov-17-1981
Reported in: 1982CriLJ954
B.K. Behera, J.1. The appellant has been convicted Under Section 161 of the Indian Penal Code (hereinafter called the Code) and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947(hereinafter called the Act) and sentenced to undergo rigorous imprisonment for a period of one year for each of the two offences with a direction that the sentences would run concurrently.2. Briefly stated, the case of the prosecution was that on 19-5-1970, the appellant, then serving as Revenue Inspector of the Nagram Circle in the Tahsil of Balasore, accepted on demand Rs, 50/- (fifty) from Prosanna Kumar Jena (P.W. 6) as illegal gratification as a motive for expediting a report called for from him (appellant) by the Tahsildar & Revenue Officer, Balasore, in Orissa Land Reforms Case No. 4 of 1975 which had been started by the father of P.W. 6. After it was agreed on 17-5-1976 that P.W. 6 would pay Rs. 50/- on 19-5-1976, the latter made a report (Ext. 11) to the Deputy Superinten...
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