Orissa Court April 1988 Judgments
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Prakash Rochan Nayak Vs. General Manager, Orissa State Road Transport ...
Court: Orissa
Decided on: Apr-15-1988
Reported in: 2(1988)ACC549
S.C. Mohapatra, J.1. Claimant is the appellant under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').2. It is undisputed that on 5-12-1981, the Public Bus bearing Registration No. OSO 5176, was moving from Rourkela to Kayangola. Deceased father of the appellant who was a Lascar in 9th Orissa Battalion, National Cadet Corps, Rourkela was a passenger in the bus. When at about 10.30 P.M. near the check-gate at Barbil, the driver of the bus PW 2, swerved it to the left to avoid head on collision with a truck coming from the front, the bus ran over some heaps of metal stacked on both sides of the road. As a result, the bus jerked and six passengers sustained injuries. Deceased sustained head injuries for which he was removed to Sriram Chandra Bhanj Medical College Hospital at Cuttack where he succumbed on 7-12-1981, at about 4.45 P.M.3. Mother of the deceased and the appellant who was minor son of the deceased aged about 2 years at the time of accident m...
Basanti Vs. State
Court: Orissa
Decided on: Apr-14-1988
Reported in: 1989CriLJ415
L. Rath, J.1. The conviction of the appellant under Sections 302 and 309, I.P.C. and sentence to imprisonment for life and simple imprisonment for one year respectively For having murdered her two children, a son and a daughter, and for her attempt to commit suicide has occasioned this appeal from the jail. Both the sentences have been directed to run concurrently.2. Briefly stated, the charge against the appellant is that sometime before the dawn of 26-11-1981 she went to the sugarcane field of her husband (P. W. 6) with her son and daughter aged 4 years and 2 months respectively and jumped into the well in a pre-planned manner while holding the two children. As a result, both the children died of drowning whereas she herself, while drowning, caught hold of the root of a tree inside the well and remained suspended with her foot touching the water and producing 'Chab Chab' sound which attracted the attention of some of the witnesses making them think that a bear which had come into the...
Nimai Samal Vs. State of Orissa
Court: Orissa
Decided on: Apr-14-1988
Reported in: 1989CriLJ420
G.B. Patnaik, J.1. Accused Nimai stood charged under Sections 302, 324 and 326, Penal Code, for having committed the murder of his son in law, Prafulla Prasad and for causing grievous hurt by means of a sword to his 'Samudhi', Jhulan Prasad and for causing simple hurt to his daughter Pramila. The learned Sessions Judge by the impugned judgment acquitted the accused of the charge under Section 302, Penal Code, as well as of the charge under Section 326, Penal Code, in respect of the alleged grievous injury caused to Jhulan Prasad. He was, however, convicted under Section 326, Penal Code, for assaulting the deceased and has been sentenced to undergo rigorous imprisonment for seven years. He has also been convicted under Section 324, Penal Code, for having caused hurt to Jhulan Prasad as well as to Pramila by means of dangerous weapon and has been sentenced to rigorous imprisonment for two years on each count. The Sessions Judge had further directed that the sentences shall run concurrent...
Dhanei Majhi Vs. State
Court: Orissa
Decided on: Apr-14-1988
Reported in: 1988CriLJ1566
L. Rath, J.1. This is an appeal by a convict from Jail convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life. He had been prosecuted under Sections 302/323/34 LP.C. along with one Purna Majhi who has since been acquitted. A brief narration of the prosecution case is that on 27-1-1980 at 10 P.M. while P.W. 1 and her husband Bhada Majhi, the deceased, were returning to their house after consuming Handia (an intoxicant) in the houseof P.W. 3, one Rangia Majhi dealt a stroke with a lathi on the back of the deceased as a result of which he fell down with his face upward. When P.W. 1 tried to intervene, Rangia also dealt two strokes on her, one on the left shoulder and the other on her buttocks. While the deceased had fallen down, the appellant stabbed a knife in his right chest causing profuse bleading making him senseless and ran away after withdrawing the knife. The injured was removed to Udala hospital on the next day morning at 8.15 A.M. but since his conditi...
Brahman Dehury Vs. State
Court: Orissa
Decided on: Apr-14-1988
Reported in: 1988CriLJ1568
L. Rath, J.1. This is an appeal from jail by a convict sentenced to imprisonment for life under Section 302 IPC and to two months' R.I. under Section 323 IPC both directed to run concurrently on the charge of having killed one Panu Giri on 29-11-81 and of having injured his wife Turi Dei, P.W. 3.2. The prosecution case is that in the evening of the day of occurrence which was a Sunday, P.Ws. 2 and 3 were sitting in the Mandaghar by the side of the fire and were warming themselves when the deceased came and sat beside them. Shortly thereafter the appellant came there and challenged the deceased as to why he had called him a thief and so saying picked up a half burnt wood (M.O.I.) from the fire and assaulted the deceased on his head on account of which he fell down. The P.Ws. raised a hulla bringing the wife of the deceased P.W. 3 to the spot and while she was trying to lift her husband, the appellant gave a blow with M.O.I. on her head and fled away. The witnesses and the wife of the de...
Baikuntha Sutara Vs. State of Orissa
Court: Orissa
Decided on: Apr-07-1988
Reported in: 65(1988)CLT677; 1989CriLJ1592
ORDERK.P. Mohapatra, J.1. These bail petitions have been filed by two of the accused persons who were unsuccessful earlier to obtain bail and as common questions of law and fact are involved, they are disposed of by this common order.2. On 18-8-1987, the Officer-in-Charge of Madhupatna Police Station of Cuttack town himself lodged FIR against the petitioners on suspicion that they were engaged in manufacture, distribution and sale of adulterated and spurious drugs and life saving medicines. They were arrested and produced in the Court of the Sub-Divisional Judicial Magistrate, Cuttack on 21-8-1987 along with some other accused persons and on the same day the order of remand was passed. Investigation into the case was conducted and on 16-11-1987 charge-sheet against the petitioners and two other accused persons designated as 'preliminary charge-sheet' was submitted in the Court. The same was dealt with on 18-11-1987 and the learned Sub-Divisional Judicial Magistrate took cognizance of s...
Laxmidhar Behera Vs. Bansidhar Khatei
Court: Orissa
Decided on: Apr-05-1988
Reported in: AIR1989Ori182
P.C. Misra, J. 1. This appeal is directed against the order dated 31-10-1981 passed by the Subordinate Judge, Second Court, in Miscellaneous Case No. 108 of 1980 refusing attachment before judgment under Order 38, Rule 5 of Civil Procedure Code. The facts leading to the prayer for attachment before judgment as stated by the appellant are as follows : -- 2. The suit (Title Suit No. 262 of 1978) in which the prayer for attachment before judgment was made was filed by the appellant-plaintiff for dissolution of partnership and settlement of accounts of the firm 'M/s. Radhakrishna Enterprise' of which defendants 2 to 4 are partners. The said partnership is alleged to have been constituted to provide funds and to execute various contract works taken in the names of the individual partners. Defendant 3 was the Managing Partner, who was authorised by the terms of the partnership and by other contemporaneous documents to withdraw money from the Government departments receivable in respect of th...
Gadadhar Dixit Vs. Utkal Flour Mills (Pvt.) Ltd.
Court: Orissa
Decided on: Apr-05-1988
Reported in: [1989]66CompCas188(Orissa)
P.C. Misra, J. 1. The petitioner is a shareholder and one of the members in the board of directors of the company M/s. Utkal Flour Mills Private Limited situated at Charampa (Bhadrak) in the district of Balasore. The petitioner, in this application, seeks winding up of the company under Section 433(f) of the Indian Companies Act, 1956, on just and equitable grounds. The allegations in the application on the basis of which the aforesaid prayer has been made are as follows:(a) That the above named company was originally a partnership firm prior to its conversion and incorporation as a company under the Indian Companies Act, 1956. The partnership consisted of seven partners, namely, 1. Ramakrishna Sharma, 2. Smt. Durgadevi Sharma, 3. Srikrishna Sharma, 4. Sachikanta Routray, 5. Gadadhar Dixit, 6. Bishnumohan Routray, 7. Nirmal Chandra Routray. The partnership was carrying on its business in the name and style ' M/s. Utkal Flour Mills' having its office and place of business at Bhadrak. (b...
Orient Paper Mills Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-05-1988
Reported in: 67(1989)CLT49; [1988]70STC333(Orissa)
K.P. Mohapatra, J.1. The appellant has challenged the impugned order dated 7th January, 1980 (annexure 9) passed by the Commissioner of Sales Tax, Orissa, respondent No. 2 ('Commissioner' for short) in exercise of his suo motu power of revision conferred under Section 23(4) (a) of the Orissa Sales Tax Act read with Rule 80 of the Orissa Sales Tax Rules (hereinafter referred to as the 'Act' and the 'Rules') by which orders passed by the Special Additional Commissioner of Sales Tax, Orissa, on 24th May, 1978 (annexure 6 series) allowing interest to the appellant under Section 14-C were set aside.2. Facts which are not in dispute are stated below. The appellant, Messrs Orient Paper Mills, a manufacturer of paper having its factory premises at Brajarajnagar, is a registered dealer under the Act and was assessed by the Sales Tax Officer, Jharsuguda (for short 'S. T. O.') for the assessment years 1967-68, 1970-71 and 1971-72. On 2nd July, 1974 the Additional Sales Tax Tribunal in second appe...
State of Orissa Vs. Prafulla Kumar Satpathy
Court: Orissa
Decided on: Apr-05-1988
Reported in: 2(1988)ACC41
P.C. Misra, J.1. This appeal arises out of an accident claims case disposed of by, the First Motor Accident Claims Tribunal, Cuttack.2. The petitioner was involved in an accident on 20-6-1980 when he was coming from Bhubaneswar to Cuttack in his Motor Cycle bearing Registration No. ORC-3231 which was hit by a Motor Car (ORP-6295) from the back side. The petitioner was thrown out of the Motor Cycle and the left front wheel of the car ran over the right leg of the petitioner below the knee joint resulting in compound fracture at the tibia and fibula bones and also some sprain in the chest. The car belongs to the Finance Department of the Government of Orissa, which was being driven by one Gouranga Charan Nayak, the Driver of that car. The petitioner alleged that the car was being driven rashly and negligently at a high speed of 70 K.Ms. per hour and did not blow any her before it dashed from against the Motor Cycle from its back side near about Sri Ram Temple at Bhubaneswar. The petition...
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