Orissa Court December 1986 Judgments
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Dharanidhar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-24-1986
Reported in: 63(1987)CLT424; 1987CriLJ1093
G.B. Patnaik, J.1. Petitioner was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act') and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of two months, by the learned Judicial Magistrate, First Class, Jajpur. On appeal, the conviction of the petitioner has been upheld, but the sentence has been reduced to rigorous imprisonment for six months and to fine of Rs. 1,000/- with the default sentence as stated earlier. The conviction is on account2. The prosecution alleged that on 5-9-1979, P.W. 2, the Food Inspector, visited the petitioner's grocery shop and suspected the mustard oil to be adulterated. He, therefore, took sample of the mustard oil after performing all formalities and then sent one sample to the Public Analyst who reported the oil in question to be adulterated as it did not conform to the standard pr...
Orissa State Tribal Development Co-operative Corporation Ltd. Vs. Stat ...
Court: Orissa
Decided on: Dec-24-1986
Reported in: [1988]68STC217(Orissa)
S.C. Mohapatra, J.1. These two references on the applications of the dealer under Section 24(1) of the Orissa Sales Tax Act, 1947, read with Section 9 of the Central Sales Tax Act, 1956 (for short 'the Act') arise in respect of the assessment for the years 1974-75 and 1975-76. In both the cases, the questions of law relate to the acceptance of form C by the appellate authority.2. The dealer is a co-operative society under the Orissa Co-operative Societies Act, 1962. It carries on business of purchase and sale of goods in respect of which it is registered under the Act. In respect of the two years, it could not furnish declarations in form C for some of the sale transactions before the assessing officer as a result of which its claim for being assessed in respect of those turnovers at concessional rate of tax as provided under Section 8(1) of the Act was not accepted by the assessing officer in view of the exception provided under Section 8(4). Against the orders of assessment, the deal...
Jayanarayan Ramanandlal Vs. State of Orissa
Court: Orissa
Decided on: Dec-24-1986
Reported in: [1988]68STC142(Orissa)
S.C. Mohapatra, J. 1. In these two references at the instance of the dealer under Section 24(1) of the Orissa Sales Tax Act, 1947 (for short 'the Act'), the Member, Additional Sales Tax Tribunal, Orissa, has made a statement of the case on the following questions of law : (i) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, was justified in holding that the sarees fitted with chwmki and embroidery and bed-sheets fitted with jhallar come within the ambit of entry No. 43 of the taxable list after deletion of entry No. 64, but not within the ambit of entry No. 33 of the tax-free list? (ii) Whether the rate of tax laid down in entry No. 43 of the taxable list shall prevail over the rate of tax of 3 per cent laid down for the declared goods in Sections 14 and 15 of the Central Sales Tax Act and the third proviso to Section 5(1) of the Orissa Sales Tax Act? 2. The dealer registered under the Act filed returns for the years 1973-74 and 19...
Director (T and M), D.N.K. Project Vs. Smt. D. Buchitalli
Court: Orissa
Decided on: Dec-24-1986
Reported in: I(1987)ACC339; (1989)ILLJ259Ori
G.B. Patnaik, J.1. This appeal is directed against the order of the Commissioner for Workmen's Compensation in Workmen's Compensation Case No. 103 of 1978, whereunder a sum of Rs. 19,200 has been awarded in favour of the respondent.2. The respondent who is the sister as well as mother-in-law of the deceased had filed the application claiming to be a dependant under the Workmen's Compensation Act (hereinafter referred to as 'the Act') alleging therein that deceased M. Appal Konda Raju, on 23rd August 1978, while coming out of the factory premises after attending to his duty in the morning hours fell down at the main gate and on being removed to Ambaguda dispensary was declared to be dead. Before the Commissioner, the appellant though admitted that the deceased was working in the central workshop yet denied the allegation that he sustained some personal injury by accident arising out of and in course of his employment and, therefore, it was contended that no compensation is payable.3. Th...
K. Achuta Rao and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-24-1986
Reported in: 1987CriLJ2022
ORDERG.B. Patnaik, J.1. The petitioners have invoked the inherent jurisdiction of this Court to quash the criminal proceedings in G.R. Case No. 47 of 1979 pending before the Chief Judicial Magistrate, Jeypore, solely on the ground that gross delay in the commencement of the trial constitutes denial of justice and allowing such proceedings to continue after long lapse of years would not only cause gross miscarriage of justice, but also violates the constitutional guarantee of a speedy trial envisaged in Article 21 of the Constitution.2. It is alleged by the prosecution in the F.I.R. lodged by the Assistant Registrar of Co-operative Societies and the Secretary of the Koraput Central Co-operative Bank Limited, Jeypore, that petitioner K. Achuta Rao while working as a Junior Accountant during the period from 6-1-1971 to 21-6-1972 and petitioner S. S. Goudo while working as an Assistant Superintendent during the period from 29-4-1970 to 3-4-1972, along with some others misappropriated a hug...
Land Acquisition Officer Vs. Dijabar Panda and ors.
Court: Orissa
Decided on: Dec-23-1986
Reported in: AIR1987Ori198
ORDERS.C. Mohapatra, J.1. During pendency of the appeal, respondent No. 1 having died, the application for substitution has been filed with petitions for setting aside the abatement and condonation of delay. Since the question of substitution would depend upon the delay being condoned and abatement being set aside, the three applications are heard one after the other and are disposed of by this common order.2. Mr. S. C. Ghosh, the learned counsel for the deceased respondent No. 1 appeared on behalf of the legal representatives on instruction and undertook to file the vakalatnama on or before the 6th Jan., 1987. In view of such undertaking, no notice is required to be sent to the proposed legal representatives any more and the applications are finally heard on merits.3. On the basis of a notification, the State Government compulsorily acquired the land of the respondents under the Land Acquisition Act. On the demand of the respondents for higher compensation reference under Section 18 o...
Madhah Chandra Jena and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-1986
Reported in: 1988CriLJ608
L. Rath, J.1. This revision has been referred to the Division Bench by Honourable Mr. Justice S. Aeharya on the question whether a Magistrate has powers to cancel a bail in a bailable offence on the ground that the accused persons intimidated the prosecution witnesses with dire consequences if they attend the court. The learned Judge was of the view that there is no provision in the Cock- of Criminal Procedure authorising the Magistrate to cancel bail allowed in respect of bailable offences and that he has no inherent powers also in that respect, but however since there is an earlier single Judge decision of this Court in (1977) 44 Cut LT 466 also reported in (1978) 45 Cut LT 11 : 1978 Cri LJ NOC 104 holding the contrary view, he has referred the matter for decision by a larger Bench.2. The facts briefly stated are that the petitioners were being proceeded against under Sections 448/337 and 509, I.P.C. all bailable offences, in G.R. Case No. 294/79 before the Sub-divisional Judicial Ma...
Adinarayan Naik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-1986
Reported in: AIR1987Ori115; 63(1987)CLT339
Behera, J.1. These writ applications involving common questions of facts and law have been heard together, as agreed to by the learned counsel for both the sides and would be governed by this common order.2. The case of the petitioner is that being the highest bidders in respect of some lots in the auction sale conducted by the Divisional Forest Officer, Ghumsur North Division, in the district of Ganjam, in respect of forest coupes for 1979-80, they had signed the agreements and had made necessary security deposits and complied with all the formalitiesand requirements as provided under the Orissa Forest Contract Rules as also Clause X(b) of the General Conditions of Sale and had made large scale preparations to work out the forest coupes, but their bids were not ratified by the State Government unreasonably and illegally, although some other bidders were given coupes for which they had given the highest bids and in violation of Clause 26 of the Special Conditions of Sale, the State Gov...
Bhagabati Primary Fishermen's Co-operative Society Vs. State of Orissa ...
Court: Orissa
Decided on: Dec-22-1986
Reported in: AIR1987Ori215; 64(1987)CLT469
Behera, J. 1. The Bhagabati Primary Fishermen's Co-operative Society represented hy its Secretary calls in question in this writ application under Articles 226 and 227 of the Constitution of India the letter addressed by the Subrdivisional Officer, Pipili Irrigation Sub-division, to the Assistant Director of Fisheries, Puri, as per Annexure-7, containing a direction to conduct public auction of the Bhargabi Syphone for fishing for the year 1986-87, as being violative of the principles for settlement of fisheries contained in Annexure-1 issued by the Revenue Department for settlement of fishery Sairat sources with the eligible co-operative societies on consideration amounts equivalent to the averages of lease values fetched during the last three years plus five per cent of the sameread with instructions contained in letter No. R-13/76-14757 dt. the 23rd April, 1976 (Annexure-2) issued by the State Government in the Irrigation and Power Department to the Chief Engineer, Irrigation and ot...
Bichitrananda SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-1986
Reported in: 63(1987)CLT266; 1988CriLJ292
ORDERK.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Additional Sessions Judge, Cuttack upholding the conviction and sentence of the petitioner under Section 27(a) (i) and (ii) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act').2. Prosecution case relevant for disposal of the revision is stated below. The petitioner is the power of attorney holder of his wife Arunbala Swain who is the owner of Biraja Medical Agency, with a valid licence under the Act and the rules framed thereunder having the shop premises at Tala Telenga Bazar of Cuttack town. On 13-2-1978 the house of one Surendranath Sahu at Badambari was jointly raided and inspected by the Drugs Inspector (P.W. 1) and a Sub-Inspector of Police of Sadar Police Station (P.W. 3) and a huge quantity of drugs in the shape of patent medicines, vials of injections and ampules were seized from the said premises from the possession of the petitioner in the presence of the witne...
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