Orissa Court June 1984 Judgments
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Okila Luha Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1984
Reported in: 58(1984)CLT80; 1984(II)OLR585
B.K. Behera, J.1. Charged of dishonest misappropriation in respect of an amount of Rs. 26.83 paise between April, 1974 and May 16, 1974 and an amount of Rs. 1160.99 paise between September 25, 1975 and July 16, 1975, out of the amounts collected by the appellant towards the octroi tax in his capacity as an Assistant Tax Moharir in the Kantabanji Notified Area Council, he stands convicted by the Judgment and order dated June 26, 1980, passed by Mr. V.V.R. Sarma, Special Judge (Vigilance), Sambalpur, under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 and Section 409 of the Indian Penal Code for dishonest misappropriation in respect of a total amount of Rs. 688.44 paise excluding some sums stated to have been collected beyond the periods covered by the charges and has been sentenced under the first-mentioned section to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 700/- and in default of payment thereof, to undergo rigo...
State (Collector Central Excise) Vs. Tapan Kumar Shome
Court: Orissa
Decided on: Jun-19-1984
Reported in: 58(1984)CLT127; 1985(5)ECC23; 1984(18)ELT278(Ori)
B.N. Behera, J.1. The judgment and order of acquittal recorded by the Court of appeal reversing the order of conviction passed against the respondent, who stood charged Under Section 135(1)(b) of the Customs Act (the 'Act', for short) for dealing with a 'Datsun' car of foreign make and being in possession thereof without any authority knowing it to be liable to confiscation under seetion 111 of the Act, finding him guilty of the charge and convicting him thereunder and sentencing him to pay a fine of Rs. 3,000/- and in default of payment thereof, to undergo rigorous imprisonment for a period of three months, are under challenge in this appeal.2. The respondent, it was alleged, along with another co-accused person, namely, Sanjeev Ghose, was dealing with smuggled cars of foreign make without authority and upon receiving information about this, the Superintendent of Central Excise (p w 4), being accompanied by the Inspector of Central Excise (p w 1), then stationed at Cuttack, visited Ba...
State (Collector of Central Excise) Vs. Tapan Kumar Shome
Court: Orissa
Decided on: Jun-19-1984
Reported in: 1986(23)ELT42(Ori)
B.K. Behera, J.1. The judgment and order of acquittal recorded by the Court of appeal reversing the order of conviction passed against the respondent, who stood charged under Section 135(1)(b) of the Customs Act (the 'Act' for short) for dealing with a 'Datsun' car of foreign make and being in possession thereof without any authority knowing it to be liable to confiscation under Section 111 of the 'Act' finding him guilty of the Charge and convicting him thereunder and sentencing him to pay fine of Rs. 3,000/- and in default of payment thereof, to undergo rigorous imprisonment for a period of three months, are under challenge in this appeal.2. The respondent, it was alleged, along with another co-accused person, namely Sanjeev Ghosh, was dealing with smuggled cars of foreign make without authority and upon receiving information about this, the Superintendent of Central Excise (P.W. 4) being accompanied by the Inspector of Central Excise (P.W. 1) then stationed at Cuttack, visited Barip...
Kuni Dora Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-05-1984
Reported in: 1984(II)OLR612
R.C. Patnaik, J.1. In this application for habeas corpus, the wife of the detenu Sri Sanyasi Dora alias Tukuna Dora seeks the quashing of the detention of her husband by order, dated 19. 11. 83, passed by the District Magistrate, Cuttack, opposite party No. 2, in exercise of powers conferred on him under Section 3(2) of the National Security Act, 1980, by notification of the Home Department dated 31. 10. 83.In paras 2, 3, 4 and 5 the facts of the case hare been stated by the Court. After stating the facts, Their Lordships observed :6. The detenu made a representation on 30. 11. 83. The same was disposed of by the Government on 15. 1. 84, i. e., on the 46th day. The span is long enough. Unless explained, the delayed disposal would by itself render the continued detention illegal.7. In the course of argument it has been submitted by MT. Patra, the learned Additional Government Advocate on behalf of the opposite parties, that this ground has been for the first time taken in the rejoinder ...
Mohanlal Modi and anr. Vs. Jadunath Mohapatra and ors.
Court: Orissa
Decided on: Jun-04-1984
Reported in: AIR1985Ori236; 58(1984)CLT189
Misra, J.1. The petitioners are tenants in respect of a shop house situated within the Municipal area of Balasore town who have been directed to vacate the house by the Chief Judicial Magistrate, Balasore, as the appellate authority under the House Rent Control Act.2. The Opposite Parties filed H.R.C. Case No. 2 of 1977 in the Court of the House Rent Controller, Balasore, against the present petitioners praying for their eviction. It was alleged in the petition under Section 7 of the Act that the disputed house belonged to the father of the present O.P. No. 1 and he inherited the same from his father as his sole heir. It was further alleged that the present O.P. No. 1 inducted the present petitioner No. 1 as a tenant on a monthly rent of Rs. 20/- which was subsequently enhanced to Rs. 30/- since Jan. 1967. The present Opposite Parties also alleged that the house rent for the period from Oct. 1973 till Jan. 1974 has been outstanding as arrears and, therefore, the tenants are wilful defa...
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