Orissa Court September 1987 Judgments
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Sridhar Bindhani Vs. State of Orissa
Court: Orissa
Decided on: Sep-26-1987
Reported in: 65(1988)CLT376; 1988CriLJ1022
K.P. Mohapatra, J.1. For Rukmini, a child aged about 10 years, 11th day of October, 1980 was the saddest day, for at 10.30 p.m. Sridhar Bindhani (hereinafter referred to as the 'appellant') a middle aged man of about 45 years, committed rape on her and after trial was convicted by the learned Assistant Sessions Judge, Balasore, for the offence under Section 376, I.P.C. and was sentenced to undergo rigorous imprisonment for three years. Criminal Appeal No. 79 of 1981 was preferred against the order of conviction and sentence in the Court of the learned Sessions Judge, Balasore, but when the respondent (State of Orissa) preferred Government Appeal No. 112 of 1981 for enhancement of the sentence, the Criminal Appeal was brought on transfer to this Court (registered as Criminal Appeal No. 180 of 1983) for analogous hearing of both the appeals. Both of them are disposed of by this judgment.2. Prosecution case in short is that P. W. 1, father of Rukmini (P. W. 7) and the appellant are neighb...
Raja Mohapatra and ors. Etc. Vs. Board of Secondary Education, Orissa ...
Court: Orissa
Decided on: Sep-25-1987
Reported in: AIR1988Ori65
L. Rath, J.1. These two petitions seek the identical relief of quashing of the notification by the Board of Secondary Education, Orissa cancelling the whole of the Annual High School Certificate Examination, 1987 held at the centre of Hadibandhu Ucha Vidyapitha, Cuttack as not having been conducted as per the rules of the Board and for other reliefs differently. Since both the cases are for the identical relief mainly, they are disposed of by this common judgment. O.C.J. No. 1996/87 has been filed by the students of the Nayabazar High School, Cuttack who appeared at the Annual High School Certificate Examination, 1987 at the Hadibandhu Ucha Vidyapitha Centre for the relief as aforesaid and for the additional relief of issue of a writ of mandamus directing the opposite party Board of Secondary Education, Orissa (for brevity 'the Board') to publish the results of the petitioners. In the case, the Centre Superintendent and Headmaster of Hadibandhu Ucha Vidyapitha has been impleaded as opp...
Udham Singh Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Sep-25-1987
Reported in: (1988)72CTR(Ori)231
H.L. Agrawal, C.J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal, Cuttack Bench, has referred for the opinion of this court the following question of law in a consolidated reference for the assessment years 1973-74 and 1974-75 :' Whether, on the facts and in the circumstances of the case, the assessee in its assessments for the assessment years 1973-74 and 1974-75 is entitled to the benefit of set-off of the amounts disclosed by several members of the assessee's family in their individual capacity under the Voluntary Disclosure' of Income and Wealth Ordinance, 1975 '2. The assessee is a Hindu undivided family. The assessments for both the years were completed under Section 143(3) of the Income-tax Act, 1961 (for short ' the Act '). Subsequently, the books of account of the assessee and the other documents were requisitioned under Section 132A of the Act from the custody of the Superintendent of Police, CBI, Cuttack. The assessee was summoned under Section 131 of...
Jayanarayan Kedarnath and anr. Vs. Sales Tax Officer
Court: Orissa
Decided on: Sep-24-1987
Reported in: [1988]68STC25(Orissa)
H.L. Agrawal, C.J. 1. 'Can a proceeding under Section 12(8) of the Orissa Sales Tax Act, 1947 (for short, 'the Act') be initiated for the period for which the assessment proceeding is pending before the assessing authority ?' is the short and significant question which has come to the fore in this writ application. 2. The facts.--Petitioner, which is a registered partnership firm and deals in ready-made garments, woollen clothes, handloom materials, etc., is a registered dealer under the provisions of the Act. It had submitted its return for the assessment year 1974-75 in the usual course in May, 1975. But the assessment proceedings were initiated late, in December, 1977 and went on being adjourned from time to time and were ultimately fixed to 10th March, 1978. The petitioner's stand is that it had been fully co-operating in the assessment proceedings and was not responsible for the adjournments except on a few occasions. However, on 10th March, 1978, the assessing officer instead of ...
State of Orissa Vs. Karamchand Thapar and Bros. Pvt. Ltd.
Court: Orissa
Decided on: Sep-18-1987
Reported in: [1988]68STC275(Orissa)
H.L. Agrawal, C.J.1. In these references under Section 24(1) of the Orissa Sales Tax Act (for short, 'the Act'), the Additional Sales Tax Tribunal, Orissa, has referred the following question of law for opinion of this Court: Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, is correct in law to have annulled the penalty imposed under Rule 8(2) of the Central Sales Tax (Orissa) Rules, 1957 2. The relevant facts are as follows: The opposite party is a registered dealer under the Act. For the assessment years 1968-69 and 1969-70, penalties of Rs. 1,300 per year were imposed upon the dealer under the provisions of Rule 8(2) of the Central Sales Tax (Orissa) Rules, 1957 for not filing the annual return in respect of the Central sales tax turnover within the prescribed period. The appeals filed by the dealer against the said order of the assessing authority before the Assistant Commissioner of Sales Tax were dismissed. The dealer ...
State of Orissa Vs. Jagadamba Flour and Dal Mills
Court: Orissa
Decided on: Sep-17-1987
Reported in: [1988]68STC234(Orissa)
H.L. Agrawal, C.J. and P.C. Misra, J. 1. The Member, Additional Sales Tax Tribunal, Orissa, has stated the cases and referred the following common question of law under Section 24(1) of the Orissa Sales Tax Act, 1947, for opinion of this Court: Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was justified to hold that the application of the proviso to Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act, 1947 was not attracted inasmuch as there was no violation of the conditions of the declaration 2. The dealer is a firm carrying on business in cereals and pulses. It manufactures dal from pulses and grams purchased from registered dealers on furnishing declaration forms for resale in Orissa. During the assessment years 1974-75 and 1975-76, the dealer had made certain purchases of mung and mote on the basis of declaration and sold them after converting them into dal. 3. The Sales Tax Officer took the view that the dealer had c...
Hemaraj Sharma Vs. Banwarilal Bathwal and ors.
Court: Orissa
Decided on: Sep-17-1987
Reported in: 1988CriLJ1887
K.P. Mohapatra, J.1. This appeal is against the order passed by the learned Sessions Judge, Cuttack, acquitting the respondents of charges under Sections 323 and 379, I.P.C.2. The appellant and the respondents are close door neighbours in a crowded residential locality of Cuttack town. Indisputably, they had been litigating in different Courts for several years and the relationship between them was far from being cordial. The appellant filed a complaint petition making allegations that in the morning of 27-3-1976 when he was engaged in the work of repairing and painting the old gate in front of his house, the respondents who were father and son respectively having formed an unlawful assembly being armed with lathis and cycle chains abused him in obscene language and having surrounded assaulted him by means of lathis and also attempted to hit him by the cycle chains. Respondent Banwarilal during the assault snatched away a gold necklace valued at Rs. 1500/- from his neck. The appellant ...
Bhabagrahi Panda Vs. Trilochan Kar and ors.
Court: Orissa
Decided on: Sep-16-1987
Reported in: AIR1988Ori1
H.L. Agrawal, C.J. 1. The moot question that arises for consideration in this writ application referred to be Full Bench is as to whether an order passed under Section 9(1) read with Section 9(1-A) of the Orissa Land Reforms Act, 1960 (for short 'the Act') falls within the ambit of Section 12(2) of the Act and, therefore, appealable under Section 58 thereof. 2. Opposite parties 1 and 2 had filed an application under Section 9 before the Revenue Off icer, Bhadrak, for declaration of their raiyati rights in respect of a piece of homestead land measuring 3 decimals in plot No. 82/100 and 11 decimals in plot No. 81/99 under Khata No. 8/123 of village Narajpur. The basis of the claim laid by the opposite parties was that their father had been inducted as a tenant by the owner in respect of the land in question with a house standing thereon and that after the death of their father they also were inducted as tenants. They further claimed that they were in continuous possession of the said lan...
Shree Durga Oil Mills and anr. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Sep-15-1987
Reported in: [1989]74STC10(Orissa)
P.C. Misra, J.1. The petitioner No. 1, a new oil industry has prayed for quashing the assessment order under Section 12 of the Orissa Sales Tax Act, 1947, a copy of which is annexed to the writ application as annexure-1.2. It has been alleged in the writ application that relying on the Industrial Policy Resolution of the Government of Orissa for the period 1979-83 (annexure-2) the petitioners' firm applied for setting up an industry at Betnoti in the district of Mayurbhanj and obtained a provisional registration certificate from the District Industries Centre, Mayurbhanj, on 28th November, 1979 (annexure-3). The petitioners' firm was granted a permanent registration certificate as a small-scale industrial unit by the Director of Industries, Orissa, on 10th April, 1980 vide annexure-4. The industrial unit was granted a production certificate (annexure-5) certifying that it started production on 19th March, 1980. The certificate of registration granted under Section 9 of the Orissa Sales...
Nabaghan Malla and ors. Vs. Brundaban Malla
Court: Orissa
Decided on: Sep-15-1987
Reported in: 1989CriLJ381
K.P. Mohapatra, J.1. This is a petition under Section 482 of the Code of Criminal Procedure ('Code' for short) invoking the inherent powers of the Court to set aside the order of the learned Sessions Judge, Cuttack directing restoration of I.C.C. Case No. 49 of 1985 in which the petitioners as accused persons had earlier been discharged under Section 245(2) of the Code.2. The parties are disputing possession of a fishing trawler which was purchased by the opposite party by securing a Bank loan and in respect of which the petitioners were the guarantors. The dispute came to a stage when the opposite party filed a complaint petition against the petitioners in the Court of the Judicial Magistrate, Kujang (I.C.C. Case No. 49 of 1985) under Sections 379 and 411 read with Section 34, I.P.C. When the said case was called on for hearing on 17-10-1985, the opposite party was found absent. His witnesses were also not present in Court The learned Judicial Magistrate, therefore, took the view that...
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