Orissa Court February 1988 Judgments
Dolagovinda Sethi Vs. Kanika Museum and ors.
Court: Orissa
Decided on: Feb-29-1988
Reported in: AIR1989Ori60
L. Rath, J. 1. These two applications under Articles 226 and 227 of the Constitution of India seek quashing of the orders passed by the Tribunal constituted under Section 57-A of the Orissa Land Reforms Act, 1960 (Act 16 of 1960) declaring the Kanika Museum and the Rajendranarayan Botanical Garden, the opposite party No. 1 respectively in each of the cases, as charitable trusts of public nature with Raja Sailendranarayan Bhanja Deo as the trustee under Section 2(24)(e) of the said Act and the properties claimed under each of therespective trusts as trust properties. So far as OJ.C. No. 150/81 is concerned, the facts are that an application was filed by the opposite party No. 1 through Raja Sailendranarayan Bhanja Deo, since substituted by opposite parties l(a) to l(c), before the Tribunal-cum-Subordinate Judge seeking declaration as trustee-holder of a religious/charitable trust I of a public nature. In an accompanying statement to the application giving short history of the creation o...
Tag this Judgment!Jagannath Sadangi Vs. Smt. Sambari Sourani and anr.
Court: Orissa
Decided on: Feb-29-1988
Reported in: 1989CriLJ624
ORDERK.P. Mohapatra, J.1. This is a petition under Section 482 of the Code of Criminal Procedure ('Code' for short) to quash the Order dated 7-2-1987 passed by the learned Sub-Divisional Judicial Magistrate, Gunupur, taking cognizance of an offence under Section 354, I.P.C. against the petitioner. 2. Facts may be stated in brief. The petitioner is the Officer in charge of the Gudari Police Station. In connection with investigation of a complaint case, registered as 1 C.C. No. 13 of 1986 under Section 326, I.P.C. in which the learned Sub-Divisional Judicial Magistrate had calleld for a report, opposite party Sambari Sourani, a young girl and some other witnesses named, Sudhir Kumar Pujari, Narayan Rao, P. Dharma Raju and Geli (mother of the opposite party) were called to the Police Station at about 4 p.m. on 13-5-1986. When they arrived at the Police Station, the opposite party and her mother were made to sit inside the front room and the other witnesses were asked to sit on the veranda...
Tag this Judgment!Raghunath Mohapatra and ors. Vs. Satyabadi Panda
Court: Orissa
Decided on: Feb-26-1988
Reported in: 65(1988)CLT764; 1988CriLJ1554
ORDERG.B. Patnaik, J.1. These two revisions were heard together and are being disposed of by this common judgment since common facts are involved. The complainant in I.C.C. 32/82 is the petitioner in Criminal Revision No. 55/84 assailing the Order of the learned Magistrate dated 26-9-1983 by which Order the Magistrate came to the conclusion that he had no jurisdiction to take cognisance under Section 467 I.P.C. in view of the bar provided under Section 195(1)(b) of the Code of Criminal Procedure. The accused persons are the petitioners in Criminal Revision No. 577/83 challenging the Order of the Magistrate dated 26-9-1983 holding the trial of the case against them for the offence under Section 406 I.P.C. to proceed.2. The short facts of the case are that the complainant filed a complaint petition alleging therein that the accused persons committed the offences under Section 406 as well as under Section 467 I. P.C. It was averred therein that the Aska Co-operative Central Bank had filed...
Tag this Judgment!Ramakrishna Aggarwal Vs. Collector of Central Excise and Customs
Court: Orissa
Decided on: Feb-24-1988
Reported in: 1988(16)ECC249; 1989(24)LC706(Orissa); 1989(39)ELT183(Ori)
K.P. Mohapatra, J.1. The petitioners have challenged the order passed by the Collector of Customs and Central Excise, Orissa dated 2.9.1980 confiscating silver weighing 370.850 kgs. under Section 113(l) read with Section 11K and allowing redemption thereof under Section 125 on payment of Rs. 2,00,000 and further confiscating an Ambassador car bearing registration No. 1763 under Section 115(2) and allowing redemption thereof on payment of Rs. 25,000 and still further imposing penalty under Section 114(i) of the Customs Act, 1962 (hereinafter referred to as 'the Act').2. Facts stated by petitioner No. 1 are that he carried on money lending business independently in his individual capacity with effect from 21.6.1974 and then started business in silver from 13.9.1976. He was assessed with income tax as an individual. He made local purchases of silver in the shape of old silver coins and old silver ornaments from Tarava market. On 26.9.1976 he transported in the Ambassador car bearing regis...
Tag this Judgment!Rama Chandra Majhi Vs. Hambai Majhi
Court: Orissa
Decided on: Feb-22-1988
Reported in: AIR1989Ori27; 65(1988)CLT586
S.C. Mohapatra, J.1. Defendant is the appellant against a reversing document (judgment?).2. Suit is for declaration of Title and delivery of possession of 3 mans 23 gunths 15 biswas 8 gandas of land in Plot Nos. 117, 118, 123, 128 and 129 in Khata No. 82/1 in Mouza Jodapokhari of Rairangpur Subdivision which is in Mayurbhanj district.3. Case of the plaintiff is that suit land belonged to his father. It was in his possession till his death in or about the year 1950. Plaintiff as the only son inherited the same and continued to be in possession. In 1970 plaintiff filed mutation case No. 2236 of 1970 before the Tahasildar, Rairangpur to get all lands of his father including the suit lands mutated in his name. Defendant objected to the mutation of the suit lands on the ground that in the year 1927 father of the plaintiff sold the same to father of the defendant. Defendant also applied for mutation in his name in respect of the suit land. Tahasildar rejected the prayer of the plaintiff for ...
Tag this Judgment!Sagarika Hotel and ors. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-22-1988
Reported in: 66(1988)CLT374; [1988]70STC269(Orissa)
K.P. Mohapatra, J.1. These writ petitions were heard together as common points of law and fact are involved, and this judgment will govern them all.2. The petitioners run hotels on the sea beach at Puri with facilities for lodging and boarding of the guests. Assessments for the year 1983-84 for all the hotels and assessment for M/s. Puri Hotel Private Limited for the year 1982-83 in addition were completed. The assessments were based on daily estimate of sales of food, eatables and beverages sold to the guests. It was noticed that composite bills including charges for lodging and boarding were issued to the guests.3. The case of the petitioners in short is that they did not sell or serve food, eatables and beverages to outsiders and those who do not stay in the hotels. Food, eatables and beverages were also not sold separately and permitted to be taken out of the hotels in packets and parcels. Even if the guests stay in the hotels but do not take food, there is no reduction of the lodg...
Tag this Judgment!Controller of Estate Duty Vs. Dr. S.N. Sahu
Court: Orissa
Decided on: Feb-19-1988
Reported in: 66(1988)CLT179; [1988]173ITR300(Orissa)
K.P. Mohapatra, J. 1. The Income-tax Appellate Tribunal (hereinafter referred to as ' the Tribunal ') has referred the following question under Section 64(3) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'):' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in its conclusion that the coparcenary interest of the deceased, which passed on his death, amounted to one-third share of the joint family property '2. A few facts are necessary to be stated. Late Gopinath Sahu died on May 29, 1976. His wife and son belonged to a Hindu undivided family (' the HUF ' for short). While alive, he had an interest in the joint family property. According to Section 39 of the Act, the value of such interest is equal to the share in the joint family property which would have been allotted to the deceased in a notional partition immediately before his death. The claim of the opposite party was that late Gopinath Sahu, in the case of a partition, would ...
Tag this Judgment!Orissa Cement Limited and anr. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Feb-19-1988
Reported in: 66(1988)CLT105; [1988]70STC254(Orissa)
G.B. Patnaik, J.1. The short question for consideration in this writ application is whether the appellate authority under the Orissa Sales Tax Act is entitled to reject an application filed by the assessee to withdraw the appeal that had been filed by him under Section 23(1) of the Orissa Sales Tax Act and to initiate a proceeding for enhancement of assessment, or not ?2. The aforesaid point arises for consideration under the following circumstances: For the assessment year 1966-67, the Sales Tax Officer, Rourkela Circle, passed an order of assessment against petitioner No. 1-company on 25th March, 1970 and communicated the same to the petitioner on 13th May, 1970. Against the said order of assessment, the assessee-petitioner No. 1 preferred an appeal on 1st June, 1970 and hearing of that appeal was fixed to 12th August, 1972. Thereafter, the appeal stood transferred to the newly created appellate authority at Rourkela and was fixed for hearing on 29th March, 1978, but the same could n...
Tag this Judgment!Sk. RahimuddIn Vs. Ojifa Bibi and ors.
Court: Orissa
Decided on: Feb-18-1988
Reported in: AIR1989Ori56; 66(1988)CLT566
G.B. Patnaik, J. 1. Both these writ petitions were heard together and are being disposed of by this common judgment since both are interlinked. Petitioner in O.J.C. No. 865 of 1983 is the tenant in respect of a house belonging to the opposite parties 1 to 9. The petitioners in O.J.C No. 2495 of 1987 are the landlords in respect of the self same house.2. The tenant-petitioner in OJ.C. No. 865 of 1983 is the son of Sarfuddin who is since dead and brother of Kamruddin (opposite party No. 10). The co-sharer landlords in respect of Holding No. 486 in Ward No. VI of Cuttack Municipality filed a petition for eviction of the tenants, namely Sarfuddin (since dead), Rahimuddin (present petitioner) and Kamruddin (present opposite party No. 1) both on the ground of wilful default in payment of rent as also on the ground of bona fide requirement of the landlords. In the said proceeding, Rahimuddin remained ex parte but his brother Kamruddin as well as father Sarfuddin filed a joint written statemen...
Tag this Judgment!State of Orissa Vs. Nirupama Panda
Court: Orissa
Decided on: Feb-16-1988
Reported in: 1989CriLJ621
ORDERK.P. Mohapatra, J.1. This appeal is directed against the judgment passed by the learned Additional Sessions Judge, Cuttack, acquitting the respondent of a charge under Section 302, I.P.C. for having committed the murder of Basanta Kumar Das (referred to as the 'deceased') at 3.30 p.m. on 13-5-1979.2. Prosecution case is that respondent was a young widow living in the house of Bansidhar Das of village Patepur as his mistress. On 13-5-1979 at about 3.30 p.m. she called the deceased to the house of her master for repayment of loan of Rs. 600/- which she had incurred earlier by pledging a gold mohar and a pair of gold ear-rings. When the deceased went inside the house she stabbed him on the chest by a knife resulting in a severe bleeding injury. The deceased came out of the house to the village lane with blood oozing out of the stab wound and related the incident to several persons including some witnesses. He was removed for treatment to the S.C.B. Medical College and Hospital, Cutta...
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