Orissa Court January 1983 Judgments
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Bibhudhendu Sarangi Vs. Secretary, Board of Secondary Education and an ...
Court: Orissa
Decided on: Jan-20-1983
Reported in: AIR1983Ori162
R.N. Misra, C.J.1. petitioner took the annual matriculation examination of 1978 conducted by the Board of Secondary Education (opposite party No.1) held in the month of March of that year. He had teen issued an appropriate admit-card wherein his dale of birth had been indicated as 1-7-1963 (Annexure 1). Petitioner failed in that examination and sat at the supplementary examination of that very year. He came out successful and an appropriate certificate was granted to him in 1979, copy of which is Annexure 2, petitioner's name is Bibhudhendu but in the certificate which was granted, his name was described as 'Bibhudendu'. Petitioner's date of birth is 1-7-1963, but in the certificate it was shown as 1st of July, 1960. On noticing these mistakes in April, 1982, when Petitioner intended to apply for the post of Airman under the Indian Air Force, he applied to the Beard for rectification of these two mistakes in the certificate, This application was tendered at the school from which the pe...
M. Apparao and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-20-1983
Reported in: 1983CriLJ953
P.K. Mohanti, J.1. The appellants along with three others stood charged under Section 302 read with Section 34, I.P.C. with having caused the death of one Purusottam Behera of village Tokia Berhampur under Chhatrapur Police Station in the district of Ganjam, After trial, the learned Addl. Sessions Judge convicted the two appellants under Section 302 read with Section 34, I P. C. and sentenced each of them to rigorous imprisonment for life. The other three accused persons were acquitted of the charge. No appeal against the order of acquittal having been preferred it stands final and conclusive.2. The occurrence is alleged to have taken place on 8-1-1978 about 7 p.m. at village Hatipada under Gopalpur Police Station. It was alleged that the deceased was living with his family in that village sometime before the occurrence. On the date of occurrence while he was preparing Ganja for smoking, accused Sirulu (since acquitted) went to his house and told him that he was required by four person...
Tejuram JaIn Vs. Diwan Chand Chawala
Court: Orissa
Decided on: Jan-19-1983
Reported in: 1984CriLJ779
ORDERR.N. Misra, C. J.1. This application under Section 401 of the Criminal P. C. is directed against the appellate order of the learned Sessions Judge of Bolangir refusing to entertain an appeal purporting to be under Section 454 of the Criminal P. C. 1973 by holding that no appeal law and refusing to interfere with the order of the learned Magistrate directing possession of a motor truck to be made over to the opposite party.2. G.R. Case No. 158 of 1973 was instituted upon information given by the petitioner against the opposite party under Section 406. I. P. C and the dispute was with reference to a motor truck bearing registration No. ORR 99. P. W. 3 was its admitted owner. Both the petitioner as also the opposite party claimed title to the truck as purchasers. The learned Magistrate while disposing of the case released the vehicle in favour of the opposite party. Dispute arose as to the order of release, An appeal was carried by the petitioner to the learned Sessions Judge. It may...
Makunda and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-19-1983
Reported in: 1983CriLJ1025
B.K. Behera, J.1. The three appellants Makunda alias Magnia Suna, Ramdas alias Budu Suna and Alekha Suna, besides two other persons, namely, Daya Suna and Dhanmat Suna, stood trial in the court of Mr. K. P. Mohapatra, Sessions Judge, Balangir-Kalahandi, being charged under Section 302 read with Section 34 and Section 307 read with Section 34 of the I.P.C (for short, the 'Code') on the allegations that sometime past 8 p.m. on Nov. 21, 1977, at Karuanjhar in the district of Balangir, the appellants and the co-accused persons, in furtherance of their common intention, committed the murder of Dulava Suna (hereinafter described as the 'deceased') who had land dispute with the accused persons and attempted to commit the murder of his son-in-law Nrupa (PW 7) by severely assaulting them by means of Katari and lathis when the deceased and PW 7 reached the village of the deceased after the deceased got an order in his favour under Section 145 of the Code of Criminal Procedure in a court at Balan...
Udyogsilpa Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-18-1983
Reported in: AIR1983Ori168
P.K. Mohanty, J.1. This is a plaintiff's second appeal from the decree of the lower appellate Court reversing the decree of the trial Court and remanding the suit for a fresh disposal. 2. On 29-3-1966, the plaintiff entered into a contract with the State of Orissa to act as the Oil Miller Agent for one year for supplying oil and oilcakes after procuring mustared seeds and preparing oil. An interest-free loan of Rs. 5,00,000/- was advanced to the plaintiff on the condition that the amount would be adjusted towards the supply of mustard oil and oil-cakes. The contract was terminated with effect from the 28th March, 1967 by the Secretary, Supply Department. A certificate case bearing No. 220/70 was instituted against the plaintiff for realisation of Rs. 2,70,687-94 as the amount lying with the plaintiff unutilised together with interest, costs etc. In the certificate case as originally filed, the Collector was shown to be the Certificate Creditor. But subsequently it was amended and the S...
Jajati Mineral Traders Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Jan-17-1983
Reported in: AIR1983Ori179
R.N. Misra, C.J.1. The petitioner applied to the State of Orissa for grant of a mining lease of graphite of about 300 acres of land within Bendar reserve forest. No. 2 in the district of Bolangir on 9-11-1972. As the application was not disposed of for over a period of 12 months from the date when it was made, a revision was carried to the Central Government under Rule 54 of the Mineral Concession Rules, 1960 (hereafter referred to as the 'Rules') against its deemed rejection as provided under Rule 24 (3) of the said Rules. On 5-6-1974, the Central Government allowed the revision and directed :--'The Central Government in exercise of their revisional powers under Rule 55 of the Mineral Concession Rule, 1960 and of all other powers enabling in their behalf, have allowed your revision application to the extent that the deemed rejection of your application referred to above has been set aside and the State Government has been directed to consider and pass appropriate orders on merits with...
Ganesh SwaIn and ors. Vs. Nakadi SwaIn and ors.
Court: Orissa
Decided on: Jan-17-1983
Reported in: AIR1983Ori279
P.K. Mohanti, J.1. This appeal by defendants 1, 2 and 3 is directed against a preliminary decree for partition.2. The case for the plaintiffs may be briefly stated as follows;Binabandhu Swain had two sens, viz. Sankar and Bhramar and tour daughters, viz, Hema (defendant No. 2), Dhobani (defendant No. 3), Pata and Sori. He died in 1960. Sankar and Bhramar pre-deeeased him. The plaintiffs are the sens of Sankar. Defendant No. 1 Genesh is the son of Bhramar. Pata and Son are dead, Jogi (defendant No. 4) is the son of Pata. Righna (defendant No. 5) is the son of Sort. The immovable and movable properties described in Schedules 'B' and 'C' respectively of the plaint were the ancestral properties of Dinabandhu. The plaintiffs claiming 7/18th share out of these properties. Their contention was that the suit properties have not been partitioned by metes and bounds though the parties have been Possessing separate portions for the sake of convenience.They demanded partition of the properties, bu...
Shree Rani Sati Mining Traders Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Jan-17-1983
Reported in: [1983]53STC322(Orissa)
R.N. Misra, C.J.1. Challenge in these applications is to the orders of assessment made by the Sales Tax Officer, Rourkela Circle, Uditnagar, opposite party No. 1, in respect of periods 1976-77 and 1977-78.2. The petitioner is a registered dealer under the Orissa Sales Tax Act (hereinafter referred to as the 'Act') bearing registration No. RL-2394 and deals in dolomite and limestone after raising them from its mines. It furnished returns as required under the Act for the two periods. The Sales Tax Officer on a verification of its accounts found that the assessee had sold minerals to M/s. Hindustan Steel Ltd.; but omitted to pay sales tax on that part of the turnover which represented transport charges from the pit-head to the work site. Though the Sales Tax Officer found that the assessee had separately charged the freight, he did not agree to exclude the same by holding :But the contention of the dealer is not acceptable in view of the facts that transport charges incurred by him were ...
Surya Narayan Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-11-1983
Reported in: AIR1983Ori131
R.N. Misra, C.J. 1. The petitioner has been working as a professional Electrical Supervisor. He appeared at an examination held in 1972 and having passed it was granted a class 'C' certificate of competency for domestic wiring only up to and including 660 volts. The certificate was renewed from time to time on annual basis and the last renewal was to expire on 10-1-79. The Central Electricity Board in exercise of powers vested under Section 37 of the Electricity Act of 1910 framed a set of rules called 'The Indian Electricity Rules, 1956'. Rule 45 (1) thereof provided :--'No electrical installation work, including additions, alterations, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, low voltage domestic appliances and fittings as in no way alters its capacity or character shall be carried out upon the premises of or on behalf of any consumer or owner for the purpose of supply to such consumer or owner except by an electrical...
The State Vs. Makund Harijan and anr.
Court: Orissa
Decided on: Jan-10-1983
Reported in: 1983CriLJ1870
B.K. Behera, J.1. The State challenges the judgment and order of acquittal recorded by the learned Sessions Judge Bolangir-Kalahandi holding the respondents to be not guilty of the charges under Sections 302 and 394 read with Section 34 of the I.P.C. by discarding the case of the prosecution that while after night fall on March 3, 1976, Padmini Naikani (P.W. 9) along with her daughter Sukanti (P. W. 8) and her son-in-law Deba hereinafter referred to as the deceased were returning to their village after arranging a boffalo cart being driven by Chiran Patra (PW 7) and escorted by Brundaban Majhi (P.W. 6), the three respondents, in furtherance of their common intention, attacked them and one of them, namely, Makunda Harijan, assaulted the deceased by means of an axe which resulted in his death and all of them removed ornaments and other articles from the possession of the victims. On the first information report (Ext. 13) being lodged by Brundaban Majhi (P. W. 6), investigation commenced ...
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