Orissa Court July 1984 Judgments
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Chitaranjan Misra and ors. Vs. Banamali Misra and ors.
Court: Orissa
Decided on: Jul-20-1984
Reported in: 58(1984)CLT406; 1984(II)OLR732
S.C. Mohapatra, J.1. This revision arises out of the order of Munsif, Puri, refusing to exercise the inherent power to recall the order of abatement of O. S. No. 153 of 1975-III.2. Late Bhimasen Misra, a registered money-lender, advanced a sum of Rs. 650/- to Banamali Misra, defendant No. 1. Defendant No. 1 executed a promissory note in respect of the loan advanced to him. Bhimasen expired before realisation of the loan. Legal representatives of Bhimasen filed O. S. No. 153 of 1975-III in the Court of Munsif, Puri, for realisation of the amount.3. During pendency of the suit, the Orissa Money-Lenders Act, 1939 (hereinafter stated as 'the Act') was amended by Orissa Act 54 of 1975. Section 18-B was added to the Statute. It reads as follows :'18-B. Power of the Government to require money-lenders to produce records --(1) The State Government may, from time to time, by notification, require the money-lenders or money-lenders belonging to any class or carrying on business in any local area...
Subarnarekha Mahavidyalaya and ors. Vs. the Utkal University and anr.
Court: Orissa
Decided on: Jul-17-1984
Reported in: AIR1985Ori55
G.B. Patnaik, J.1. Subarnarekha Mahavidyalaya, its Principal and nine students of the College are the petitioners seeking a direction from this Court to the effect that the opposite parties should permit the students to appear at the B.Sc. Examination as regular students from the College. The necessity for filing this writ petition was on account of the fact that the University to whom the institution wanted to be affiliated passed an order on 3-2-1983 permitting the institution for opening B Sc. Classes during the academic session 1984-85 and thereafter not allowing the students even to appear as private candidates as per a decision of the Syndicate (vide Annexure-5), as a result of which these students who took admission in the B.Sc. Class during the academic session 1982-83 and completed the course and were scheduled to appear at the annual examination held during the month of May 1984 could not appear at the said examination. This writ petition was filed on 19-4-84, a few days prio...
Sitaram Vilas Talkies, Utkal Cinema, Vijaya Talkies and Jyoti Picture ...
Court: Orissa
Decided on: Jul-17-1984
Reported in: 1984(II)OLR854
Pathak, C.J.1. The facts giving rise to these seven writ petitions are common, short and simple arising out of the Orissa Entertainment Tax Act, 1946 (hereinafter called the 'Act') and the Orissa Entertainment Tax Rules, 1947 (briefly, the 'Rules').2. The petitioners are the proprietors of the cinema halls in question and they were permitted to pay the tax under the provisions of Section 6(1) (c) of the Act on the basis of returns. The petitioners made applications under Rule 21 of the Rules in Form III to the appropriate authority for allowing them to pay the tax u/s. 6(1) (c) of the Act and they were granted permission under Form IV to avail of the provisions of Section 6(1) (c) for payment of the tax on the basis of returns: It is the case of the petitioners that by an order passed by the Commercial Tax Officer, opposite party No. 1, the permission granted to them to pay the entertainment tax on the basis of returns has been revoked as per Clause (1) of the permit as 'sufficient sta...
Sudarsan Acharya Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-17-1984
Reported in: 1984(II)OLR996
G.B. Patna1k, J.1. The petitioner, who was working as Revenue Supervisor has challenged in this writ petition the punishment inflicted on him in a departmental proceeding. On the date the punishment was inflicted upon, he had been reverted to the post of Lower Division Clerk in Tahsil Office at Jagatsinghpur. The past service record of the petitioner is not necessary for adjudicating the dispute in the present petition and suffice it to say that the petitioner joined as Kanungo in Grow More Food Scheme of 19.3.1945 and after getting some promotions had been promoted to the post of Revenue Supervisor on 1. 9. 1152. He was reverted to the post of Lower Division Clerk on 23.6.1964, and while working as such at Jagatsinghpur, he received a letter that some money was outstanding against him which he had collected while he was discharging the function of Chakla Kanungo. By Collector's order dated 19.5.1966, Annexure-2 to the writ petition, the petitioner was placed under suspension and a dep...
Brajabandhu Panigrahi Vs. the Management of Utkal Ayurvedic Co-operati ...
Court: Orissa
Decided on: Jul-16-1984
Reported in: [1984(49)FLR326]; 1984(II)OLR812
R.C. Patnaik, J.1. In this writ application a former employee of the Utkal Ayurvedic Co-operative Pharmacy Limited has approached the certiorari jurisdiction of this Court for the quashing of an order passed by the opposite patty No, 1 terminating the services of the petitioner with effect from 8.4.76 as voluntary abandonment of service and of the award passed by the Labour Court upon reference and seeks a mandamus to the opposite party No. 1 to restore him to service and for payment of full back wages and other benefits.2. The facts in a nutshell are the petitioner joined service under opposite party No. 1 as a Clerk on 1. 7. 60. From time to time he was posted as and held various posts like Accounts Clerk, Cashier, Propaganda Van inharge, Package Clerk, Despatch Clerk and Salesman etc. While serving at Angul he applied on 19.12.75 for leave from 9.1.76 to 12.1.76 to perform his mother's sradha which was falling on 10.1.76 and to appear in a proceeding before the Consolidation Officer...
Purna Chandra Singh Vs. State of Orissa
Court: Orissa
Decided on: Jul-16-1984
Reported in: 1984(II)OLR756
B.K. Behera, J.1. The appellant stood charged under Sections 302 and 397 of the Indian Penal Code, for committing robbery in respect of gold ornaments from the person of Dhani Bewa (hereinafter described as the 'deceased') by attacking and assaulting her to death by means of a knife on March 14, 1980, at Bolgarh in the district of Puri. To bring home the charges, the prosecution had examined nineteen witnesses and had relied on the verbal dying declaration said to have been made by the deceased before the first-informant Lokanath Das (P. W. 1) and before P. Ws. 2 to 5, the recoveries of ornaments of the deceased and the weapon of attack at the instance of the appellant and the dying declaration (Ext. 11) recorded by the. doctor (P. W. 7) in the presence of two persons, namely, Rabindra Kumar Parida (P. W. 11) and Baskar Chandra Mohapatra (P. W. 16), who had attested it, on the day of the occurrence itself. The trial Court did not place reliance on the evidence of P. W. 1 with regard to...
State Vs. Aru Alias Arun Kumar Pradhan
Court: Orissa
Decided on: Jul-16-1984
Reported in: 58(1984)CLT422; 1984(II)OLR777
B.K. Behera, J.1. Hanging in the balance between life and death with an order of conviction recorded by the Court of Session against him under Sec, 302 of the Indian Penal Code (for short, the 'Code') with a direction that he be hanged by the neck till he is dead, the accused-convict (described hereinafter as the 'appellant') has appealed against the judgment and order. The learned Sessions Judge has made a reference to this Court for confirmation of the sentence of death. The Death Reference and the Criminal Appeal have been heard together and will be governed by this judgment.2. The case of the prosecution and the plea of the appellant have been set out in details in the judgment of the trial Court.There had been land dispute between the appellant and his mother Labanya, who also figured as a co-accused being charged of abetment of the commission of the offence of murder by the appellant, on the one hand and Hadiani alias Urbasi Pradhan (hereinafter described as the 'deceased') born ...
Sashibhusan Tripathy and anr. Vs. State
Court: Orissa
Decided on: Jul-13-1984
Reported in: 1984(II)OLR724
B.K. Behera, J.1. I have heard Mr. Mohapatra for the petitioners and Mr. N.C. Panigrahi, the learned Additional Government Advocate.2. The order dropping a proceeding under Section 133 of the Code of Criminal Procedure which is a final order within the meaning of Section 362 of the same Code has been reviewed and the proceeding has been revived illegally on an application made for it. As provided in Section 362 of the Code, save as otherwise, provided by the Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. A clerical of arithmetical error in an order occasioned by an accidental slip or omission of the Court. It represents that which the Court never intended to say. It is an error apparent on the face of the record and does not depend, upon its discovery on argument of disputation. An arithmetical error is a mistake of calc...
Nurun Nisha Begum Vs. Hasina Khatun and ors.
Court: Orissa
Decided on: Jul-10-1984
Reported in: 58(1984)CLT184; 1984(II)OLR709
B.K. Behera, J.1. The appellant was the complainant and the respondents were the accused persons facing trial for commission of offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, the 'Act') and under Section 6A(1) of the said Act as amended by the Dowry Prohibition (Orissa Amendment ) Act, 1975, in the Court of the learned Subdivisional Judicial Magistrate, Sambalpur. The case of the appellant was that the respondent No. 3 married the appellant on May 8, 1975. There had been demands for dowry by the respondents prior to the marriage and even thereafter for which the appellant had been ill-treated. It was also alleged that the respondent No. 3 had denied conjugal rights to the appellant for the same reason. Besides, examining herself as P. W. 9, the appellant had examined eight witnesses to substantiate her case. The respondents' plea was one of denial and false implication. One witness had been examined for the defence to show that the respondent ...
State of Orissa Vs. Shyamsundar Rath and anr.
Court: Orissa
Decided on: Jul-10-1984
Reported in: 1984(II)OLR677
B.K. Behera, J.1. This appeal has been directed against the order of acquittal recorded by the learned Subdivisional Judicial Magistrate, Sundargarh, in which the respondents had figured as the accused persons being charged under Section 409 of the Indian Penal Code for misappropriation of Rs. 22,520.97 paise between 1.7.1974 and 31.1.1976 while Shyamsundar Rath, the respondent No. 1, was functioning as the Administrator and Dileswar Singh, the respondent No. 2, was functioning as the Secretary of the Kundukela Service Co-operative Society in the district of Sundargarh. The plea of the defence was one of denial. The prosecution had examined three witnesses to establish its case. The respondents had examined two witnessess in their defence. On a consideration of the evidence, the trial Court held that the charge had not been brought home to the respondents.2. Upon hearing Mr. N. C. Panigrahi, the learned Additional Government Advocate and the learned counsel for the respondents, I find ...
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