Orissa Court May 1982 Judgments
Sadasiva Jena Vs. State
Court: Orissa
Decided on: May-15-1982
Reported in: 1983CriLJ521
ORDERB.K. Behera, J.1. The petitioner, serving at the relevant time as the Branch Postmaster in the Branch Post Office at Chanrapur with the Head Post Office at Jagatsinghpur in 1973, stood prosecuted being charged under Sections 409 and 477A of the Penal Code (hereinafter referred to as the 'Code') for committing criminal breach of trust, by temporarily misappropriating a sum of Rs. 1,000/- deposited with him in the Savings Bank Past-Book account (Ext. 1) by purna Chandra Jena (P. W. 1), as per the entry, Ext. 1/1, made by the petitioner, on 7-11-1973 which deposit was shown in the accounts at 'he Branch Post Office 10 days thereafter on 17-11-1973, by temporarily misappropriating a sum of Rs, 600/- deposited by the same depositor in his Pass Book on 14-11-1973 as per the entry, Ext. 1/3. made by the petitioner, which deposit was shown in the accounts of the Branch Post Office on 24-11-1973, and by committing misappropriation of Rs. 990/- deposited by the same depositor on 17-11-1973 ...
Tag this Judgment!Orissa Supply Agency and ors. Vs. Mirza JaliludIn and ors.
Court: Orissa
Decided on: May-14-1982
Reported in: AIR1982Ori212; 54(1982)CLT125
B.N. Misra, J.1. This appeal under Order XLIII, Rule 1 (d) of Civil P. C. is directed against the order dated 24-1-1979 made by the learned Second Additional Subordinate Judge of Cuttack refusing to vacate the ex parte decree dated 13-2-1978 made in Money Suit No. 151 of 1971.2. Orissa Supply Agency was a registered partnership firm of whichplaintiff and defendants 2, 3 and 4 were partners. The money suit was filed by Mirza Jaliludin, one of the partners, for a declaration that the firm stood dissolved with effect from 1-4-1968 upon plaintiff's retirement and plaintiff was entitled to his share in the firm with interest at six per cent per annum thereupon. The suit was decreed on contest on 21-6-1974. It was declared that the plaintiff and defendants 2, 3 and 4 had each one-fourth share in the firm and it had been dissolved with effect from 1-4-1968 when plaintiff retired from the partnership firm. Defendants were directed to render accounts till dissolution and the claim of the plaint...
Tag this Judgment!Nakula Chandra Aich Vs. State of Orissa
Court: Orissa
Decided on: May-14-1982
Reported in: 1982CriLJ2158
P.K. Mohanti, J.1. The appellant Nakula Chandra Aich has been convicted under Section 302 I.P.C. of having, on 20th Mar. 1977 at 1 P. M., committed the murder of one Akuli Baral of village Jenapur in the district of Cuttack and has been sentenced to undergo imprisonment for life.2. The deceased Akuli Baral was a pan vendor while the appellant is a cycle repairer at the Station Bazar of Jenapur. On 20th Mar, 1977. at about mid-day the appellant visited the temple of the deity Mangala situated by the side of the path leading from the Station Bazar to the village. While, proceeding towards the temple he snatched away an axe from P. W. 4 Menaka Dei. On the way he met the deceased and both of them proceeded towards the temple. The deceased was going ahead of the appellant. Suddenly the appellant dealt an axe-blow on the head of the deceased and after he fell down the appellant dealt two blows on his chest as a result of which he died, Thereafter, the appellant ran away with the axe and ente...
Tag this Judgment!Charuprava Dei Vs. Duryodhan Mohanty and ors.
Court: Orissa
Decided on: May-12-1982
Reported in: 1983CriLJ1038
B.K. Behera, J.1. Challenge in this appeal is to the judgment and order of acquittal recorded by the learned Sessions Judge, Cuttack, reversing the judgment and order of conviction passed by the learned Sub-Divisional Judicial Magistrate, Kendrapara, holding the accused-respondents guilty of the offences of rioting, house-trespass and extortion and convicting them under Sections 147, 448 and 384 of the Penal Code with a sentence of six months rigorous imprisonment passed against each of them under Section 384 of the. Penal Code without any separate sentence having been passed in respect of other two offences, by accepting the case of the complainant-appellant that owing to previous grudge and ill-will, the respondents, being armed with knife, sword and lathis, came in a body, entered her dwelling house on October 26, 1974 at about 8 to 9 p.m. and by the show of force and under the threat of assault, forcibly took her left thumb impressions on blank plain papers to convert the papers in...
Tag this Judgment!Commissioner of Wealth-tax Vs. Chiranjilal Agarwala and ors.
Court: Orissa
Decided on: May-11-1982
Reported in: [1983]140ITR687(Orissa)
R.N. Misra, C.J.1. These are eighteen applications under Section 27(3) of the W.T. Act of 1957 (hereinafter called 'the Act'), at the instance of the Revenue. By order dated 19th of February, 1979, made in these cases, this court directed the Wealth-tax Appellate Tribunal, Cuttack Bench, to state a case and refer the following common question of law for the opinion of the court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in annulling the imposition of penalty for delayed submission of returns for the respective years ?'2. These 18 cases relate to three persons, Chiranjilal Agarwala, the father, and the two sons being Rajkishore Agarwala and Sanwarmal Agarwala, Six assessment years are involved being 1964-65, 1965-66, 1966-67, 1967-68, 1968-69 and 1969-70. The parties were assessees under the I.T. Act for several years past. Returns under the W.T. Act for the aforesaid years were, however, not filed until 18th of March, 1972. Before any notice...
Tag this Judgment!Bhagabat Jena and ors. Vs. Gobardhan Patnaik and ors.
Court: Orissa
Decided on: May-06-1982
Reported in: AIR1983Ori50; 54(1982)CLT30
P.K. Mohanti, J 1. The second appeal is by the plaintiffs against a reversing decree. The plaintiffs brought the suit as representatives of the villagers of Beruan for correction of the entries in the finally published record-of-rights of the year 1965 in respect of plot Nos. 290 and 178 under Khata No. 340 and for a declaration that the villagers of Bairanga represented by the defendants have no right over the said plots and for some consequential reliefs. 2. The plaintiffs' case was that the suit plots were the Gochar lands of their village and were used as such since time immemorial. They have acquired right to use the suit plots as Gochar lands either by lost grant or by custom. The suit plots correspond to plot Nos. 74 and 97 under Khata No. 175/1 of the Provincial Settlement and plot No. 362 under khata No. 232 of the Current Settlement. In the year 1912, the then Zamindar of the village leased out plot Nos. 74 and 97 to one Rama Chandra Paltasingh and some others. The villagers ...
Tag this Judgment!Shri Nathulal Aggarwalla Vs. Deputy Collector of Central Excise and or ...
Court: Orissa
Decided on: May-03-1982
Reported in: AIR1982Ori258
Patnaik, J. 1. The petitioner, an agriculturist and a pawn-broker, seeks a writ or an order in the nature of Certiorari for quashing of the original order dated 10-8-1973 (Annexure 4) of confiscation and penalty, passed by the Deputy Collector of Central Excise (opposite party No. 1) and the appellate and revisional orders (Annexures 11 and 12 respectively) and for a writ or an order in the nature of Mandamus directing the opposite parties to return the gold seized.2. The petitioner has urged that he is the karta of a large Mitakshara family and is carrying on business as a pawnbroker and is also an agriculturist. In course of the business, he and members of his family owned and possessed gold. On 28-10-1969 the staff of the Central Excise Department searched the business and residential premises of the family and seized, as per the allegation, primary gold, gold coins and gold ornaments. According to the petitioner, the seizure was illegal and unwarranted in law.3. Mr., R. Mohanty lea...
Tag this Judgment!Bijoy Kumar Mohapatra and ors. Etc. Vs. the State
Court: Orissa
Decided on: May-03-1982
Reported in: 1982CriLJ2162
B.K. Behera, J.1. The prosecution case presents a sad tale of the victim girl Uma Bala Arora (P. W.2), aged between 18 and 20 years and studying in the S. K. D. A. V. Women's College at Rourkela and residing in one of the two blocks which housed its hostel intervened by a small road with her elder sister Suresh Bala Arora (P. W. 6), also a student of the same college and residing in the same hostel, of monstrous acts of the four appellants, namely, Brjoy Kumar Mohapatra, then aged about 30 years, doing business, Indramani Naik, 'hen aged about 32 years, working as a Helper in the Rourkela Steel Plant, Ganju alias Kamal alias Rajkamal Nandy, a contractor and Pradeep Kumar Das, then aged about 23 years as recorded by the trial court and claimed to be much less before us of which there is no legal evidence, a student who used to roam about near the women's hostel and in that process known to the inmates including the victim girl (P. W. 2) and called Ghoda Muhan (horse-faced). The appellan...
Tag this Judgment!Moti Gouduni Vs. State
Court: Orissa
Decided on: May-03-1982
Reported in: 1982CriLJ2342
B.K.Behera, J.1. In the early hours of June 13, 1971, Biswanath Gouda (hereinafter referredto as the deceased) of village Saranpur in the district of Koraput was found lying dead in his house with a Chadar covering the dead body. The appellant Moti, who was the second wife of the deceased, had, it was alleged, along with Ratan Gouda, who was said to be her paramour, killed the deceased in furtherance of their common intention, during the preceding night, the appellant by means of a knife, and Ratan by means of the blunt side of an axe and having first given out that the deceased died of gastric trouble, the appellant later made an extra-judicial confession before Tularam Naik (PW 2) and Raghunath Ganda (PW 3) to the effect that she and Ratan killed the deceased. On drawing up the first information report (Ext. 5), the Officer-in-charge (PW 8) of the police, station at Papadahandi took up the investigation, As the investigation was not completed for a long time, the appellant and the co...
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