Orissa Court August 1988 Judgments
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Md. Khalilur Rahaman Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-12-1988
Reported in: 1989CriLJ1845
ORDERL. Rath, J.1. The petitioner has moved this Court for quashing of charge-sheet filed against him in G.R. Case No. 78/84 pending in the court of the S.D.J.M., Kendrapara under Sections 506 and 294 IPC in which N.B.W. has been issued against him. Bereft of details, the facts are that the petitioner had married the daughter of opposite party No, 2 on 6-2-78, hut however the couple had fallen apart and since 1979 the wife is living in her parental home and had instituted O.S. No. 94/82 in the Court of the Subordinate Judge, Kendrapara for maintenance. There was some allegation of the petitioner having been assaulted and harassed by opposite party No. 2 at Cuttack for which he instituted ICC Case No. 277/83 in the Court of the C.J.M., Cuttack against the opposite party No. 2 and similarly an F.I.R. was also lodged by opposite party No. 2 before the O.I.C., Kendrapara R.S. out of which the G.R. Case No. 78/84 has arisen. During the pendency of the mutual cases between the parties, a com...
Jyoshna Alankar Bhandar and anr. Vs. State
Court: Orissa
Decided on: Aug-11-1988
Reported in: [1989]66CompCas23(Orissa); 1988(18)ECC269; 1989(23)LC291(Orissa); 1989(40)ELT326(Ori)
L. Rath, J.1. The two petitioners having been convicted under Section 85 of the Gold (Control) Act, 1968 ('the Act' for short) and sentenced by the trial court to pay fine of Rs. 3,000 in default the licensed dealer representing the petitioner No. 1 to undergo rigorous imprisonment for one month and the petitioner No. 2, manager of petitioner No. 1 to pay fine of Rs. 3,000 in default to undergo rigorous imprisonment for one month, modified in appeal so far as petitioner No. 1 is concerned only to a fine of Rs. 3,000 but not to the 'in default' sentence and confirming the sentence so far as the petitioner No. 2 is concerned, have preferred this revision to quash the convictions.2. The facts leading to the prosecution case are that petitioner No. 1 is admittedly a jewellery shop purportedly owned by Dolagovinda Naik representing the shop as also the members of his family, but in respect of the shop only he is the licensed dealer. The shop was raided by the Central Excise Staff on Februar...
Prashanta Kumar Chakra Vs. Council of Higher Secondary Education, Oris ...
Court: Orissa
Decided on: Aug-10-1988
Reported in: AIR1989Ori179
G.B. PATNAIK, J. 1. The petitioner who had appeared at the Annual Higher Secondary Examination of the year 1987 with roll No. 109G109 from Kushaleswar Anchalika Mahavidyaiaya at Kochianandi has filed this application to quash the notification No. 8302 dated 9-10-1987 cancelling the petitioner's result and debarring him from appearing till Annual Examination of 1988 (three chances) on charges of malpractice. The said notification has been annexed as Annexure-1 to the writ petition. It is alleged in the writ petition that the petitioner had never adopted any unfair means and no incriminating material has been seized from him during the examination. There was no show cause notice received by him from the Council of Higher Secondary Education. Originally the petitioner's result was withheld and he was asked to appear before the Examination Discipline Committee on 29-7-1987. He appeared before the said Committee being accompanied by his father. In the said interview, a report of the alleged...
NabIn Chandra Narayan Das Vs. Dhenkanal Municipality and anr.
Court: Orissa
Decided on: Aug-09-1988
Reported in: AIR1989Ori76; 66(1988)CLT515; [1989]74STC296(Orissa)
Agrawal, C.J.1. This writ application has been referred to the Full Bench by a Division Bench of this Court which entertained doubt regarding the correctness of the decision of this court in the case of B alas ore Talkies v. Municipalities (1986) 61 Cut LT 254 : (AIR 1986 Orissa 230) where the question of levy of octroi duty on cinematograph films brought from outside for exhibition in the cinema halls in different towns in Orissa was decided.2. The petitioner is the owner of a cinema hall in the town of Dhenkanal and brings cinematograph films from distributors for exhibition in his hall. The Dhenkanal Municipality having been authorised to levy octroi under Section 131 (1)(kk) of the Orissa Municipal Act, 1950 (for short, 'the Act') issued a notice (Annexure 1) to the petitioner requiring him to pay octroi duty at the rate of 3 per cent for user of films by way of screening in his cinema hall.The petitioner disputed the demand on the ground that bringing films on hire for exhibition ...
Janaki Ballav Patnaik Vs. Bennett Coleman and Co. Ltd. and ors.
Court: Orissa
Decided on: Aug-09-1988
Reported in: AIR1989Ori216
K.P. Mohapatra, J.1. In this petition the plaintiff has prayed for the following reliefs :(i) The suit should be tried in camera; and (ii) To prohibit publication of the proceedings of the trial including evidence of witnesses relating to libelous and obscene matters as well as pleadings, applications, affidavits and documents filed in Court in newspapers, magazines, periodicals, pamphelets, books or otherwise.2. It needs no repetition that the plaintiff, the Chief Minister of Orissa has filed a suit for damages for defamation against the defendants on the grounds that the latter in the offending articles published in some of the issues of the Illustrated Weekly of India (hereinafter referred to as the 'Weekly') alleged unnatural and perverted sexual behaviour on the part of the former, and repeated the allegations in the shape of affidavits or otherwise. On account of the publication of the obscene matters in copies of the magazine which has a wide circulation including at Bhubaneswar...
Raghaba Chandra Das Vs. BipIn Behari Mohapatra and ors.
Court: Orissa
Decided on: Aug-08-1988
Reported in: AIR1989Ori40; 66(1988)CLT441
Agarwal, C.J. 1. This writ application arising out of an eviction proceeding has been referred to a larger Bench for examining the correctness of the Full Bench decision of this Court in H. Mohammad Sikandar v. Badrunissa Bibi (1975) 41 Cut LT 460 : (AIR 1975 Orissa 130) and to reconcile the observations made in some decisions.2. The core question for consideration is, whether a landlord can secure eviction of his tenant from a building in order to demolish the same. It would be better to split up the question into the following three partsso that it may be answered in a comprehensive manner : --(1) when the building has become dilapidated and dangerous for occupation, (2) when the landlord desires to construct altogether a new building for personaloccupation according to his own requirement, and (3) when he wants to demolish otherwise. 3. Aproceeding for eviction of the present petitioner was initiated under Section 7 of the Orissa House Rent Control Act, 1967 (for short, 'the Act') ...
Perforaciones Maritimas Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-03-1988
Reported in: [1988]71STC336(Orissa)
R.C. Patnaik, J.1. The petitioner, a company registered under the laws of and having its registered office in Mexico and carrying on business of offering service for drilling of oil wells has filed this batch of writ applications under articles 226 and 227 of the Constitution of India challenging the vires of Sub-clause (iv) of the definition 'sale' in Clause (g) substituted by Orissa Act 13 of 1984 in place of the original definition in Section 2 of the Orissa Sales Tax Act, 1947 and the orders of assessment and demand notices relating to the assessment years 1984-85, 1985-86 and 1986-87 under the Orissa Sales Tax Act and Rule 5 of the Orissa Additional Sales Tax Rules as per annexures-1 and 1/A in each of the writ applications.2. The petitioner-company claimed to have the expertise and necessary machinery, equipments and technical know-how for drilling oil wells on high seas. For carrying out the operation and rendering services it had a drilling rig called 'AZTECA' complete with dri...
Konduparthi Venkateswarlu and ors. Vs. Ramavarapu Viroja Nandan and or ...
Court: Orissa
Decided on: Aug-02-1988
Reported in: AIR1989Ori151
G.B. Patnaik, J. 1. This appeal is directed against the order of the learned District Judge, Ganjam who by the impugned order has held that he has jurisdiction to deal with the case.2. The appellants are in custody of the minor child of respondent No. 1 after the death of the wife of respondent No. 1. Respondent No. 1 is a permanent resident of Berhampur town in the district of Ganjam. He had married the daugher of appellant No. 2 on 8-4-1979 and both of them came to Phulbani on 27-2-80 where they were serving, a child had been born out of their wedlock and was also with them at Phulbani. On 21-5-86, the wife of. respondent No. 1 fell ill and, therefore, the said respondent No. 1 took his wife and child to his father-in-law's house at Visakhapatnam and left them there for better treatment. But as respondent No. 1 was not pulling on well with his in laws, he himself came away. The wife of respondent No. 1 died on 31-5-80 and the minor child who had accompanied his mother remained there ...
Ramanath Ratha Vs. Durga Ratha
Court: Orissa
Decided on: Aug-02-1988
Reported in: 1989CriLJ1666
ORDERK.P. Mohapatra, J.1. The petitioner, husband of the opposite party has challenged the order passed by the learned Additional Sessions Judge, Jeypore, whereby, he set aside the order of the learned Sub-Divisional Judicial Magistrate, Nowrangpur and allowed the petition of the opposite party under Section 125 of the Cr. P.C. (Code for short) by granting maintenance to be paid to her by the petitioner at the rate of Rs. 75/- per month with effect from 27-1-1982.2. The undisputed facts are that the petitioner and the opposite party, husband and wife respectively are middle aged and the former fathered six children born to the latter. Both of them come from comparatively affluent families of Nowrangpur sub-division in Koraput district. According to the allegations made by the opposite party in her petition under Section 125 of the Code, the petitioner kept a concubine which became the root cause for dissension between them. As she used to protest, the petitioner used to give her beatin...
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