Orissa Court September 1987 Judgments
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Kamala Kanta Pandey Vs. State
Court: Orissa
Decided on: Sep-14-1987
Reported in: I(1988)ACC318
D.P. Mohapatra, J.1. In this appeal Under Section 30 of the Workmen's Compensation Act, 1923 (for short the 'Act'), the appellant Kamalakanta Pandey challenges the order of the Addl. District Magistrate and Commissioner under Workmen's Compensation Act, Boudh-Khondmala, Phulbani directing him to pay Rs. 18,000/- towards compensation to the widow of the deceased Amar Bisimajhi alias Digal.2. From the records, it appears that the proceeding before the Commissioner was initiated on 4-2-82 on receipt of the report from the District Labour Officer, Phulbani dated 6-1-82 that Amar Bisimajhi who was employed as a mason by Kamalkanta Pandey to do certain work in his house at Hatpada on 3-12-81 met with an accident resulting in his death. It was further stated in the report that the incident occurred in course of employment of the deceased. The workman was stated to have worked as a mason on a monthly wage of Rs. 300/-. The District Labour Officer requested the Commissioner to take necessary ac...
Konark Steel Industries (P.) Ltd. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Sep-11-1987
Reported in: [1988]69STC202(Orissa)
G.B. Patnaik, J.1. These two writ applications relate to assessments made in respect of two different assessment years, 0. J. C. No. 281 of 1980 having been filed against the assessment made in respect of the assessment year 1978-79 and 0. J. C. No. 282 of 1980 having been filed in respect of the assessment year 1977-78. Since common question of law is involved in both these writ petitions, they were heard together and are being disposed of by this common judgment.2. The petitioner who is a registered dealer purchased iron and steel called scrap iron and undertook manufacturing operations in its own re-rolling mill and produced M. S. rods, M. S. bars and M. S. rounds, etc., and sold the same outside Orissa. He also sold the scrap iron to different registered and unregistered dealers. Pursuant to notice issued under Section 12(4) of the Orissa Sales Tax Act (hereinafter to be referred as the 'Act' ) and on examining the account books of the petitioner, the Sales Tax Officer found that d...
Gaya Bhakta and anr. Vs. the State
Court: Orissa
Decided on: Sep-11-1987
Reported in: 1988CriLJ1576
V. Gopalaswamy, J.1. The appellants preferred this appeal against the judgment dated 20-12-1982 passed by the learned Sessions Judge, Balasore in S.T. No. 46 of 1982 convicting them under Section 395, Indian Penal Code and sentencing each of them to seven years' R.I.2. The prosecution case, briefly stated, is that on 9-11-1981 at about 5 to 5.30 P.M. as P.Ws. 1 to 6, 10 and others were returning from Raibania weekly market crossing the road by the side of the jungle near Dhanghera, the appellants along with several others numbering about 15 to 20 persons armed with deadly weapons like lathis, tangia, bows and arrows, attacked and assaulted the said P.Ws. and others and carried away the various articles such as cycles etc., belonging to them and after the dacoits had left, P.W. 1 reported about the occurrence at the Raibania P.S. and the said report was treated as the FIR in the case and on the basis of that FIR police proceeded with the investigation of the case and ultimately sent up ...
Dhulamani Behera Vs. State of Orissa
Court: Orissa
Decided on: Sep-07-1987
Reported in: 1988CriLJ1027
ORDERL. Rath, J.1. The petitioner's conviction under Section 409 IPC and sentence to undergo R.I. for one year and to pay a fine of Rs. 3,000/- in default to undergo S.I. for three months having been upheld in appeal, he has preferred this revision.2. The petitioner was an Assistant District Welfare Officer at Talcher and was prosecuted for having committed misappropriation during the period 6-6-78 to 22-12-78 of a sum of Rs. 10,803.88 out of an entrusted amount of Rs. 19,933.53 which he had received towards the boarding charges, staff salary of Ashram School and stipend of scheduled castes and scheduled tribes students. The petitioner though admitted to be the disbursing officer along with the S.D.O. and the D.W.O. in respect of boarding charges, salary of staff of the school and the stipend of scheduled castes and scheduled tribes students, yet maintained a plea of complete denial of any entrustment of money to him.3. Mr. S. Misra I, learned Counsel for the petitioners; assailing the...
Dr. Sarojini Pradhan Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Sep-04-1987
Reported in: AIR1988Ori96; 65(1988)CLT350
R.C. Patnaik, J. 1. In this writ application under Articles 226 and 227 of the Constitution, the petitioner has sought the quashing of order dt. 8-12-1972 as per Annexure-5 passed by the Central Government refusing to accord approval under Section 5(2) of the Mines and Minerals (Regulation and Development) Act, 1957 for grant of mining lease for iron ore and manganese to her and of order dt. 8-6-1972 as per Annexure-8 passed by the State Government rejecting her applicaion for grant of mining lease for iron ore and manganese and of order dt. 2-5-1978 as per Annexure-11/s passed by the Central Government dismissing her revision filed. 2. Omitting the unnecessary details, it may be stated that an area nearing 438.50 acres in Kalaparbat area in the district of Keonjhar was thrown open by the State Government for regrant on 20-7-1965 under Rule 58 (1) of the Mineral Concession Rules, 1960. The petitioner and six others made applications for grant of mining lease. None of the applications h...
Abani Ch. Biswal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-04-1987
Reported in: 64(1987)CLT659; 1988CriLJ1038
H.L. Agrawal, C.J.1. The only question involved in this Criminal Revision which has been referred to a Division Bench by a learned single Judge of this Court is as to whether the criminal proceeding initiated against the petitioner Abani Chandra Biswal, Officer-in-Charge, Komna Police Station in the district of Kalahandi belonging to the Orissa Police Force is competent in the absence of prior sanction of the appropriate authority as required by Section 197(3), Cr. P.C. ('the Code').2. Bhoga Bag, opposite party No. 2, filed a complaint against the petitioner in the court of the Sub-Divisional Judicial Magistrate, Nawapara alleging that on 22-6-82 the petitioner along with one Police Constable had gone to his village and asked him to come along with his father to Komna Police Station since they were witnesses in a criminal case. It is said that both of them went to the police station and were asked by the petitioner to wait in the verandah of the police station and not to go away. Both ...
Mahendranath Parida Vs. Purnananda Parida and ors.
Court: Orissa
Decided on: Sep-03-1987
Reported in: AIR1988Ori248; 64(1987)CLT722
ORDERR.C. Patnaik, J.1. This revision is directed against an order passed by the additional Munsif, Kendrapara refusing to appoint a civil court commissioner for local inspection under the provision of Order 26, Rule 9 of the Civil P. C.2. The controversy between the parties was as to the location of a wall, namely, whether it stood on west of plot No. 306 or on the east of plot No. 307. The learned Additional Munsif rejected the petition filed by the plaintiff-petitioner for local inspection. The application was rejected as premature with the observation that if it was considered necessary, commissioner would be appointed after evidence was closed.3. Though the question of law is a simple one, it requires elaboration having regard to some stray observations in some judgments that the Court can refuse to appoint a commissioner under the provision of Order 26, Rule 9 and require the party to adduce evidence through a private Amin after getting the land measured by him.4. Order 26, Rule ...
Ramanarayan Sahoo and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-1987
Reported in: AIR1988Ori219
K.P. Mohapatra, J. 1. In this writ petition, the petitioners have challenged Annexure 7, an order passed by the Law Minister (opposite party No. 2) exercising the powers of the State (opposite party No. 1) remanding the case of disqualification of the hereditary trustee and Mahant of Biranchinarayan Math of Budguda in Ganjam district (opposite party No. 4) for further enquiry by the Commissioner of Endowments (opposite party No. 3).2. The facts of the case are too many, but those relevant have been stated as briefly as possible. On the complaint of some persons the Commissioner of Endowments (opposite party No. 3) inspected the Biranchinarayan Math of Buguda in Ganjam district ('Buguda Math's for short) of which opposite party No. 4 was the hereditary trustee and Mahant. He found serious irregularities and initiated a proceeding under Section 35 of the Orissa Hindu Religious Endowments Act (hereinafter referred to as the 'Act') suo motu for disqualification and brought the following ch...
Bhagabat Nath Vs. State of Orissa
Court: Orissa
Decided on: Sep-03-1987
Reported in: 66(1988)CLT634; 1988CriLJ461
K.P. Mohapatra, J.1. In this appeal the appellant has challenged the order passed by the learned Special Judge (Vigilance), Sambalpur convicting him for an offence under Section 161 of the Penal Code ('I.P.C.' for short) and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default, to further undergo rigorous imprisonment for one month for each of the offences.2. Prosecution case is stated in brief, P.W. t informant Indumati Naik is the widow of Manojkumar Naik who had two flourishing shops named Universal Radio and M.K. Electricals in Jeypore town. He had also started construction of a cinema hall named M.K. Theatres. After his death, on 18-5-1978, P.W. 1 took over the assets of M.K. Electricals and the cinema hall, while her nephew (P.W. 7) took over management of the shop named, Universal Radio. P.W. 5 Trinath Patr...
Sm. Jemamani Das Alias Panda Vs. Umesh Chandra Panda
Court: Orissa
Decided on: Sep-03-1987
Reported in: 65(1988)CLT393; 1988CriLJ1041
ORDERK.P. Mohapatra, J.1. This revision is directed against the reversing order passed by the learned Sessions Judge, Balasore, rejecting the petitioner's claim of maintenance under Section 125 of the Criminal P.C. ('Code' for short).2. The petitioner's case in brief is that she used to visit her uncle, a neighbour of the opposite party at village Rampur, in course of which both of them developed intimacy. Thereafter, the opposite party frequently; visited her house in village Kahanragohiri and became close to her family. He proposed marriage with the petitioner and so her mother negotiated with the parents of the opposite party for performance of the marriage, but they did not agree. When the opposite party insisted for the marriage on pain of committing suicide, the petitioner's mother agreed and the marriage between the parties was solemnised on 5-3-1976 according to Hindu rites and customs. After the marriage they lived together for a few months during which the petitioner conceive...
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