Orissa Court March 1985 Judgments
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Kana Majhi and anr. Vs. the State
Court: Orissa
Decided on: Mar-12-1985
Reported in: 1985CriLJ1876
B.K. Behera, J.1. The appellant Kana and his son Maran, the other appellant have been convicted under Section 302 read with Section 34 of the Penal Code (for short, 'the Code') for having committed the murder of Dasarath Majhi (to be referred to hereinafter as 'the deceased') in furtherance of their common intention on Nov. 2, 1979, at village Banjipani in the district of Kalahandi. The case of the prosecution was that there had been a land dispute between the appellants on the one hand and the deceased on the other. Of this, there was no paucity of evidence and it had been admitted by the appellants. It is not disputed at the Bar that the deceased had died a homicidal death and that the trunk and the head portions over which autopsy had been conducted by the doctor (P. W. 2) were of the deceased. The prosecution sought to establish its case mainly on the evidence of the son of the deceased (P. W. 8), the sole witness to the occurrence and his statements made to his brother (P. W. 9), ...
Rusi Kumar Agarwala Vs. State of Orissa
Court: Orissa
Decided on: Mar-11-1985
Reported in: 1985(I)OLR454
J.K. Mohanty, J.1. The assessee filed applications under Section 24(2) of the Orissa Seles-tax Act, 1947 (hereinafter called the 'Act') for a direction to the Addl. Sals-tax Tribunal, Orissa, Cuttack to state a case and to refer the questions arising out of its order for the opinion of the Court. This Court by order dated 17.8.1981 directed the Tribunal to refer the following question for opinion of this Court.'Whether on the facts and in the circumstances of the case, the Additional Sales Tax Tribunal was justified in determining assessee's liability to be a dealer under the Orissa Sales Tax Act with effect from 1. 10. 1972.'The learned Addl. Sales-tax Tribunal has referred the above question to this Court for decision.2. The assessee is a manufacturer of lozenses and sugar candy (Misri). The Assessing Officer on receiving information that the assessee in his business transaction has exceeded the non-taxable limit and has failed to get himself registered under the Orissa Sales-tax Act...
State of Orissa Vs. Abdul Azaz Khan
Court: Orissa
Decided on: Mar-11-1985
Reported in: 1985(I)OLR500
S.C. Mohapatra, J.1. In this appeal against acquittal, the only question for consideration is whether the respondent is a Foreigner as defined in the Foreigners Act, 1946 (hereinafter referred to as 'the Act'). The trial Court has acquitted the respondent on the following finding :'From the evidence as adduced by the prosecution it is not clear if the accused is a Foreigner and not 'an' Indian citizen. It is very difficult to determine the nationality of the accused.Relying upon a decision of this Court reported in 32 (1966) CLT 634 (Sayad Abdul Hagua v. State) to the effect :'This determination of the question of nationality of the party concerned has to be made not by the Courts but by the Central Government and before such determination is made the proceedings under Section 14 of the Foreigners Act are incompetent.'The trial Court held that the prosecution report submitted against the accused is. not proper since that stage has not yet come in absence of a declaration of nationality...
State of Orissa Vs. Rengsa Alias Chandi Chalan and Five ors.
Court: Orissa
Decided on: Mar-11-1985
Reported in: 1985(I)OLR376
S.C. Mohapatra, J.1. This is an appeal preferred by the States against the order of the Subdivisional Judicial Magistrate, Dharamgarh acquitting the respondents-accused persons of the charges under Sections 3 and 7 of the Protection of Civil Rights Act, 1955 (hereinafter called the 'Act'). 2. The prosecution case is that on 12.6.1978 at about noon, the Harijans, who were members of the scheduled casts, went to a well to take water. They were obstructed by the respondents, were abused in filthy language and were threatened to be assaulted. Out of fear they returned back from the well and P.W.1 lodged the First Information Report in the Koksara Police Station to this effect. 3. The respondents-accused persons pleaded not guilty and denied the occurrence. 4. On consideration of the evidence adduced on behalf of the parties, the trial Court held the accused persons not to be guilty and acquitted them. The Order of acquittal has been challenged by the State in this appeal. 5. The accused pe...
State of Orissa Vs. Rengsa and ors.
Court: Orissa
Decided on: Mar-11-1985
Reported in: 1985CriLJ1917
S.C. Mohapatra, J.1. This is an appeal preferred by the State against the order of the Sub-divisional Judicial Magistrate, Dharamgarh acquitting the respondents-accused persons of the charges under Sections 3 and 7 of the Protection of Civil Rights Act, 1955 (hereinafter called the 'Act').2. The prosecution case is that on 12-6-1978 at about noon, the Harijans, who were members of the scheduled caste, went to a well to take water. They were obstructed by the respondents, were abused in filthy language and were threatened to be assaulted. Out of fear they returned back from the well and P.W.I lodged the First Information Report in the Koksara Police Station to this effect.3. The respondents-accused persons pleaded not guilty and denied the occurrence.4. On consideration of the evidence adduced on behalf of the parties, the trial court held the accused persons not to be guilty and acquitted them. The order of acquittal has been challenged by the State in this appeal.5. The accused person...
Dibakar Parida Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-03-1985
Reported in: 1985(I)OLR492
R.C. Patnaik, J.1. The petitioner invokes our extra-ordinary jurisdiction under Article 226 of the constitution of India for a direction to the opposite parties for payment of his arrear salary from 17.9.1973 when he was suspended till his reinstatement on 1.7.1975 and the increaments due to and earned by his from year to year in the scale.2. The petitioner was the Headmaster of Ekagharia Middle English School in the district of Dhenkanal. On 1.9.1973 a set of charges was served on him by the Secretary of the school as per Annexure-1. It has been alleged that the petitioner thereupon intimated the Secretary that he had no authority to frame charges, the Managing Committee being the only competent authority. He was placed under suspension with effect from 17.9.1973 and the matter was reported to the District Inspector of schools. By memo dated 1.10.1973 (Annexure-3), the District Inspector of Schools refused to approve the suspension of the petitioner. Towards the end of October, 1973, ...
Motijhara Devi and ors. Vs. the Orissa Transport Corporation Limited
Court: Orissa
Decided on: Mar-01-1985
Reported in: II(1986)ACC136; AIR1985Ori147
B.N. Misra, J. 1. These two appeals which have been heard analogously arise out of the judgment dt. 18-1-83 passed by the learned Third Motor Accident Claims Tribunal, Puri in Misc. Case No. 5 of 1980 awarding a sum of Rs. 72,000/- as compensation. Misc. Appeal No. 131 of 1983 has been filed by the widow and her six children who have been awarded the compensation and Misc. Appeal No. 184 of 1983 has been filed by the Managing Director, Orissa Road Transport Co. Ltd., Berhampur against whom the award has been made. This judgment shall govern both the appeals. For the sake of convenience the widow and her children shall be called 'the petitioners' and the Managing Director of the Company shall be referred to as the 'opposite party. 2. The case of the petitioners may Be briefly stated. The late Tarkeswar Sharma used to maintain himself and his family, the petitioners, by vending tea on a bicycle from village to village. His monthly income was Rs. 1,000/- and every month he was contributin...
Prafulla Kumar Rout Vs. Orient Engineering Works P. Ltd. and ors.
Court: Orissa
Decided on: Mar-01-1985
Reported in: [1986]60CompCas65(Orissa)
P.C. Misra, J. 1. This is an application under Sections 237, 397, 398 read with Section 402 of the Companies Act of 1956 (for short, hereafter ' the Act '), praying for appointment of a special officer or administrator to take custody of the books, papers, documents and assets of M/s. Orient Engineering Works (P.) Ltd. (hereafter called ' the company ') and also to take over the affairs and management of the company. A further prayer has also been made for directing an investigation to be made into the dealings of the funds, assets and affairs of the company by opposite parties Nos. 2 to 6 and for other consequential reliefs.2. The petitioner claims to have become a shareholder of the company in the year 1975-76 and after acquiring 460 equity shares of Rs. 100 each became a full time executive director in the year 1979 with a remuneration of Rs. 1,500 subject to an enhancement of Rs. 250 per year. Opposite party No. 2, Trailokyanath Mohanty, is the managing director of the company. Acc...
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