Orissa Court December 1988 Judgments
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Abdul Rauf Khan Vs. Halemon Bibi and anr.
Court: Orissa
Decided on: Dec-23-1988
Reported in: 67(1989)CLT285; I(1990)DMC315
K.P. Mohapatra, J.1. This is a petition under Section 482 of the Code of Criminal Procedure ('Code' for short) praying for quashing the order dated 17-11-1986 passed by the learned Sub-divisional Judicial Magistrate, Nayagarh directing the petitioner to deposit arrear maintenance of Rs. 2400/- which was due to the opposite parties. A few relevant facts may be stated. Opposite party No. 1 Malemon Bibi and opposite party No. 2 Abdul Asak Khan are the wife and son respectively of petitioner Abdul Rauf Khan, an advocate of Nayagarh. The petitioner divorced opposite party No. 1 in 1970 after which opposite party No. 2 the minor son, lived with the mother. The opposite parties claimed maintenance under Section 488 of the old Code in Criminal Miscellaneous Case No. 13 of 1971. Maintenance at the rate of Rs. 50/- and Rs. 25/- was awarded in favour of the mother and the son respectively. Subsequently, on account of rise in the cost of living; the opposite parties in Criminal Misc. Case No. 14 o...
State of Orissa Vs. Haridwar Sharma
Court: Orissa
Decided on: Dec-23-1988
Reported in: II(1989)ACC83; 67(1989)CLT554
V. Gopalaswamy, J.1. This revision is preferred against the order dated 19-6-1984 passed by the learned SDJM, Panposh, in U.I. Case Mo. 2124 of 1984, refusing to take cognizance of the offences under Sections 112, 123 and 124 of the Motor Vehicles Act (hereinafter referred to as 'the M.V. Act') and under Section 9 of the Orissa Motor Vehicles Taxation Act (hereinafter referred to as 'the O.M.V.T. Act') said to have been committed by the opposite-party Haridwar Sharma.2. The facts giving rise to the revision petition may be briefly stated as follows : On 18-6-1984 at 8 p.m. the Traffic Inspector, during the course of his checking of the public carrier vehicle No. OSO 9112, found that the vehicle was running without the route permit, was carrying excess weight than the permitted R.L.W. and the driver did not maintain the trip-sheet. Further it was found that the vehicle was running without a side indicator, numbers in the number plates were not written according to the required size and ...
Shankarlal Karnani Vs. Kanneilal Periwala and ors.
Court: Orissa
Decided on: Dec-22-1988
Reported in: AIR1989Ori133
R.C. Patnaik, J.1. These two appeals which arise out of judgments passed in appeals heard analogously were also heard analogously and are being disposed of by a common judgment.2. There stood a house over half a decimal of land recorded in Sikimi Khata. The owner of the land was Sri Radha Raman Jew and its marfatdar was Radha Prasanna Das. Ananta Mohan Das and others were Sikimi tenants. In the year 1961, one Srinibas Nande, predecessor-in-interest of respondents2 to 9, purchased the house from the sons of one Krushna Chandra Das, one of the Sikimi tenants, under Ext, 7 dated 6-10-61. Rent was accepted from Srinibas and he was recognised as a tenant by the landlord. Kanneilal, respondent 1, in the appeals was inducted as a lessee by Srinibas. He ran a shop there under the trade name Messrs Durga Store. It is alleged that Kanneilal inducted Sankarlal as a partner and both of them ran the business in the premises in question. In the year 1970, Srinibas Nanda filed SCC 16 of 1971 in the C...
Nityananda Senapati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-1988
Reported in: 1989CriLJ1201
ORDERS.C. Mohapatra, J.1. This is an application by the 1st party in a proceeding Under Section 145, Cr. P.C. invoking the inherent power of the Court.2. On 9-9-1987, a proceeding Under Section 144, Cr. P.C. was initiated and the enquiry report of the Police in respect of Ac.0.83 decimals of land in Plot No. 597. On the petition of the member of the 2nd party, the proceeding was converted to one Under Section 145, Cr. P.C. and a preliminary order was passed in respect of the aforesaid land on 30-10-1987. Land was also attached. Service return was directed to be returned by 19-11-1987. Before that date on 17-11-1987, member of the 2nd party prayed to describe the boundary of the said Ac .0.83 decimals of land which was accepted. On 21-11-1987, an application was again filed by 2nd party without copy of the same being served on the 1st party to amend the area to 2 acres 56 decimals which is the actual area in dispute. Learned Magistrate having ex parte passed the order accepting the pray...
Tathagata Satapathy Vs. Raghunath Mohapatra and ors.
Court: Orissa
Decided on: Dec-22-1988
Reported in: II(1989)ACC535; 67(1989)CLT814
R.C. Patnaik, J.1. In the afternoon at 3-7-1977, Tathagata, Satyabadi and Upendra Mohapatra proceeded from Baripada to Bangiriposi in a jeep bearing registration number DHA 1246. The vehicle was being driven by Tathagata. On the way, it collided with a truck bearing registration number ORM 1606 coming from the opposite direction. Satyabadi and Upendra died. The father of Upendra lodged a claim for Rs. 3,60,000/- as compensation--Misc. Case No. 1 M of 1978. The parents, widow and minor children of Satyabadi jointly laid a claim for Rs. 1,10,000/- as compensation - Misc. Case No. 10M of 1978. In both the cases, the accident was alleged to have occurred due to rash and negligent driving of the drivers of both the vehicles. The jeep belonged to Tathagata and was insured with the New India Assurance Company Limited and the truck belonged to the Orisaa State Electricity Board.2. The respective owner of the vehicles Laid the blame on the other, On the evidence tendered by the parties, the tri...
Santuka Agencies Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-20-1988
Reported in: [1989]73STC188(Orissa)
K.P. Mohapatra, J.1. In this writ petition the petitioner has challenged the order (annexure-2) passed by opposite party No. 3 virtually refusing to direct refund of sales tax to the tune of Rs. 6,242.26.2. Facts stated in the writ petition are as follows :The petitioner is a registered dealer under the Orissa Sales Tax Act (hereinafter referred to as the 'Act') and a wholesaler of drugs and medicines. On 31st December, 1977 he held stock of drugs and medicines worth Rs. 84,932.46. For the assessment year 1977-78 he voluntarily deposited sales tax and additional sales tax amounting to Rs. 6,242.26 on 27th March, 1978 because, prior to 31st December, 1977 drugs were exigible to tax at the last point of sale. By Notification No. 66237-CTA 35/77 F dated 24th December, 1977 an amendment was brought to the Schedule and a new entry was inserted which was numbered as 93G by which drugs were subjected to tax at the first point in the series of sales with effect from 1st January, 1978. The asse...
Babaji Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-14-1988
Reported in: 1989CriLJ1872
ORDERD.P. Mohapatra, J.1. The delinquents in the proceeding under Section 107, Criminal Procedure Code (for short 'the Code') have filed this application under Section 482 of the Code praying to quash the proceeding in Criminal Misc, Case No. 713 of 1988 pending in the court of the Executive Magistrate, Puri. The proceeding was initiated at the instance of the opposite parties 2 to 14 who are arrayed as the first party therein. The ground on which the proceeding is challenged is raised very often in such proceedings. It is this : The learned Magistrate issued the notices merely on the police report without holding any independent enquiry.2. It appears from the records that oh getting the report of the Officer-in-charge, Kakatpur Police Station, the learned Executive Magistrate, Puri felt satisfied from the said report that there was apprehension of imminent breach of the peace and disturbance of public tranquillity and that action under Section 107 of the Code was necessary to be taken...
Bhagabat Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-1988
Reported in: 67(1989)CLT674; 1989CriLJ640
ORDERL. Rath, J.1. The petitioners were prosecuted in G.R. Case No. 722 of 1977. Petitioners 1 and 2 were convicted under Sections 123/325/342 IPC and sentenced to undergo R.I. for three months on each count with direction for the sentences to run concurrently. Petitioners 3 and 5 were convicted under Section 323 I PC and sentenced to R.I. for fifteen days and petitioners 4 and 6 were convicted under Sections 323/342 IPC and sentenced to R.I. for one month on each count with direction for the sentences to run concurrently. Their appeal preferred against the aforesaid convictions and sentences having failed, they have preferred the present revision.2. The prosecution case as revealed is that on 19-9-77. when P.Ws. 1 and 4 accompanied by P.Ws. 2 and 3 were proceeding towards Jaipur to attend the court of the Executive Magistrate in connection with Criminal Misc. Case No. 224/76 under Section 107 Cr. P.C. between P.Ws. 1 and 4 and the petitioners, they were ambushed by the petitioners. P....
Sardar Singh Vs. Haridas Mohananda and anr.
Court: Orissa
Decided on: Dec-08-1988
Reported in: 1(1989)ACC421
S.C. Mohapatra, J.1. This is an appeal Under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. An application was filed before the Commissioner under the Act for compensation by the Respondent alleging that on 19 6-1981 while he was engaged as a mason for construction of the building of the appellant he was injured on account of contact with electrical current through an iron rod coming in contact with the overhead electric line as a result of which, his left hand was amputated. It is claimed that notice for settlement was given to the appellant but the appellant did not respond.3. After notice, appellant denied to have employed the respondent and denied to be constructing any building during that period and stated that he was away from Orissa at Bombay during that period and had no chance of engaging the respondent.4. Respondent examined live witnesses and produced two documents in support of his assertion. Appellant examined five witnesses t...
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