Orissa Court March 1988 Judgments
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Janaki Ballav Patnaik Vs. Bennett Coleman and Co. Ltd. and ors.
Court: Orissa
Decided on: Mar-09-1988
Reported in: AIR1989Ori52; 66(1988)CLT317
ORDERK.P. Mohapatra, J.1. This is a petition by the plaintiff for, examination of defendant No. 1 on delivery of interrogatories under Order 11, Rules 1 and 2 of the Civil P.C. (Code' for short).2. It is stated in the petition that in theplaint he has averred in para 24 that defendant 1 is a joint tort-feasor along with defendants 2 and 3. Defendant 1 in para 9 of the written statement has denied that it has anything to do with the libellous and offending articles published in the Illustrated Weekly of India dt. 18-24 May, 1986 and has any control over the contents of the magazine in keeping with the freedom of editor to publish what he considers fit. In para 10 of the Written statement it specifically denied, its responsibility for payment of damages as a joint tort-feasor. In para 36(b) of the written statement it denied that defendant 2 had printed and/or caused to be printed the offending articles in the press belonging to defendant 1. In para 36(d) it further denied that being the...
Bhubaneswar Wholesale Co-operative Stores Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Mar-08-1988
Reported in: 66(1988)CLT124; [1988]70STC279(Orissa)
H.L. Agrawal, C.J.1. These three cases arise out of the references called for by this Court under Section 24(2)(b) of the Orissa Sales Tax Act, 1947 (for short 'the Act') from the Sales Tax Tribunal, Orissa, at the instance of the dealer.2. The petitioners and the questions of law are common in all the cases which relate to the assessment years 1973-74, 1974-75 and 1975-76. The statement of case has been called for on the following question of law in the first case (S.J.C. No. 60 of 1979):Whether, on the facts and in the circumstances of the case, the petitioner can be said to have collected Rs. 81,166.95 by way of sales tax and if so whether the addition of the same to the taxable turnover is legal 3. In the other two cases, the questions of law have been framed in identical form but only the amounts vary. While in S. J. C. No. 61 of 1979 relating to the assessment year 1974-75 the amount collected is Rs. 1,27,897.72, in S. J. C. No. 62 of 1979 relating to the assessment year 1975-76 ...
Basanta Kumar Das Vs. Smt. Lakshmi Priya Dasi and anr.
Court: Orissa
Decided on: Mar-07-1988
Reported in: AIR1988Ori269; 65(1988)CLT529
D.P. Mohapatra, J.1. In this appeal the defendant in T.M.S. No. 14 of 1978-II of the court of the Munsif, Balasore has challenged the judgment and decree of the lower appellate court confirming those of the trial court decreeing the plaintiffs' suit.2. The question of law that arises for consideration is whether the plaintiffs could maintain the suit without filing a succession certificate in accordance with the provisions under Section 214 of the Indian Succession Act.3. The plaintiffs, daughters of Mani Sethi, who died on 26-2-1971 filed the suit for realisation of Rs. 1270/- on the allegations, inter alia, that the defendant had taken a loan of 20 quintals of paddy from their father and executed a mortgage bond (Ext. 1) agreeing to pay interest at the rate of 9% per annum and to make over possession of the land. It was further stipulated in the document that the principal loan amount and the interest shall be adjusted from the usufructs of the land within 5 years. Thereafter, the lo...
Union of India (Uoi) Vs. Lankapali Pravakar Rao and anr.
Court: Orissa
Decided on: Mar-07-1988
Reported in: 65(1988)CLT729; 1988(18)ECC299; 1988(36)ELT584(Ori)
D.P. Mohapatra, J.1. In this appeal under Section 378, Criminal Procedure Code, the Union of India represented by the Collector, Customs and Central Excise, Bhubaneswar, assails the judgment of the Additional Sessions Judge, Cuttack, in Criminal Appeal No. 131 of 1980 reversing the decision of the Chief Judicial Magistrate, Cuttack in 2(c) C. C. Case No. 18 of 1974 and acquitting the respondents. The respondents were charged under Section 86(1)(ii) of the Gold (Control) Act, 1968 (hereinafter referred to as 'the Act'), for having been found to be in unlawful possession of quantities of primary gold in contravention of Section 8(1) of the Act on the night of April 15, 16, 1974, in the running Madras-Howrah Mail at Cuttack Railway Station. The detection was made when the Superintendent (Preventive), Central Excise, Cuttack (PW-1) and the Inspector of Central Excise, Cuttack (PW-2) along with other officials of the Department rummaged the Madras-Howrah Mail at Cuttack Railway Station on g...
Sundarmani Bewa and anr. Etc. Vs. Dasarath Parida (Deceased by L.R.) a ...
Court: Orissa
Decided on: Mar-02-1988
Reported in: AIR1988Ori166; 65(1988)CLT440
D.P. Mohapatra, J. 1. These two cases have come up before this Full Bench on reference by the respective Division Benches, to decide certain important questions of law relating to the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act'). On a reading of the reference orders in the two cases, the points arising for decision may be formulated as follows : (a) Whether the consolidation authorities are competent to exercise their jurisdiction in respect of lands, which are not consolidate under the Act. (b) Whether jurisdiction of the Civil Court is ousted in respect of non-consolidable lands during continuance of the consolidation operations in the area. (c) Whether the authorities under Act have power to record forcible possession of a person in the land records while showing another person as the holder of title to the land. The aforementioned points often arise in proceedings before civil courts when attempt is made...
Nilakantha Rath Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Mar-01-1988
Reported in: [1988]173ITR336(Orissa)
S.C. Mohapatra, J.1. A Hindu undivided family is the assessee in this case under the Income-tax Act, 1961, for the assessment years 1968-69 to 1975-76. In the reference applications under Section 256(2) of the Act for all the aforesaid years, this court called for separate statements on the following question of law arising out of the orders for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the jajamani income of the individual coparcener can be included in the taxable income of the Hindu undivided family '2. Since the same question is involved for each of the years, the references were heard together and are disposed of by this common judgment.3. Priesthood is a hereditary source of earning of the members of the family since the time of ancestors. The male members act as priests for various families known as ' purohits ' and are remunerated for the same. In the year 1935, there was a partition among the members of the joint family. In the dee...
Biswambar Meher Vs. State of Orissa
Court: Orissa
Decided on: Mar-01-1988
Reported in: 65(1988)CLT714; 1989CriLJ271
K.P. Mohapatra, J.1. The appellant has assailed the order passed by the learned Sessions Judge, Bhawanipatna, convicting him for offences under Sections 302, and 201, I.P.C.2. Facts P.W. 1 is the father of the appellant and deceased Swayamber Meher. According to his version, on a Friday the appellant and the deceased left home for the jungle to collect and bring wood They spent the night in the house of P.W. 2 in another village and proceeded to the jungle on Saturday morning. The appellant returned home alone and without the deceased. When P.W. 1 enquired, he gave out that deceased had gone to Langigarh for purchase of a bullock. As he did not return, P.W. 1 went to Langigarh in his search and returned home disappointed. He asked the appellant in the presence of P.Ws. 3, 4 and 6 about the whereabouts of the deceased, when the appellant made an extra judicial confession, in the presence of these witnesses that by means of Tangia (MO. II) he killed the deceased and concealed the dead bo...
State of Orissa Vs. M.S. Jaggi
Court: Orissa
Decided on: Mar-01-1988
Reported in: 1989CriLJ1598
H.L. Agrawal, C.J.1. Whether the allegations made by the opposite party M.S. Jaggi would constitute contempt of Court is the question which falls for our decision.2. The facts:The contemner was a party in two Criminal Revisions filed in this Court. He was petitioner in Criminal Revision No. 558 of 1979 and opposite party in Criminal Revision No. 432 of 1979. In both the revisions, the contemner's adversary was Subash Chandra Mohapatra.On 29-4-1980 Criminal Revision No. 432 of 1979 (in which the contemner was opposite party) was taken up for hearing by J. K. Mohanty, J. (as be then was) when the contemner had appeared in person to argue the case. Hearing was concluded and the case was reserved for judgment.Criminal Revision No. 558 of 1979 in which the contemner was the petitioner was taken up for admission by Justice Mohanty on 14-5-1980. On that day the contemner orally told the Judge not to take up the revision as his adversary Subash Chandra Mohapatra happened to be related to the H...
Sudhir Mahanta Vs. State of Orissa
Court: Orissa
Decided on: Mar-01-1988
Reported in: 1988CriLJ1918
K.P. Mohapatra, J.1. The appellant has challenged the Order passed by the learned Sessions Judge, Baripada, convicting him under Section 302, I.P.C. and sentencing to undergo imprisonment for life.2. The prosecution case revealed from the F.I.R. (Ext. 7) lodged by P.W. 3, father of deceased Ramesh was that on 28-3-1981 at about 4 p.m. a quarrel ensued between Judhisthira (accused since acquitted) and Narasingha for the former having made an obscene and objectionable remark against the latter. Deceased Ramesh who happened to be present intervened and requested them not to quarrel. But instead of keeping quiet, the appellant his brother Bipin (another accused) and Judhisthira got further enraged and assaulted deceased Ramesh. While Bipin assultled him by means of a ladhi on the left hand and on the back, the appellant uprooted a Sal Ballah and assaulted the deceased on the head as a result of which he was seriously injured. He was immediately removed to Baisingha hospital and F.l.R. (Ext...
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