Orissa Court September 1988 Judgments
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Hrushikesh Panda Vs. Union of India (Uoi)
Court: Orissa
Decided on: Sep-09-1988
Reported in: 1989(20)ECC73; 1992(61)ELT591(Ori)
V. Gopalaswamy, J.1. This revision is preferred against the judgment of the First Additional Sessions Judge, Cuttack, in Criminal Appeal No. 94 of 1983 confirming the order dated 7-5-1983 passed 2(c) C.C. No. 651 of 1976 passed by the Additional Chief Judicial Magistrate-cum-Special Court, Cuttack, convicting the petitioner under Sections 9(1)(b) and 9(1)(bb) of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) and sentencing him on each of the counts to pay a fine of Rs. 200 in default, to undergo simple imprisonment for three months.2. The gist of the prosecution case is that the Central Excise officers detected that the accused-firm of M/s. Utkal Equipment and Chemicals Ltd., Madhupatna, Cuttack, manufacturing glass and glass wares, of which the petitioner was the Managing Director, supplied their manufactured goods to business firms at Cuttack and Calcutta under three different bills of different dates (Exts. 2,3 and 4) whereunder the excise duty payable w...
Anujaram Parhi Vs. State of Orissa
Court: Orissa
Decided on: Sep-09-1988
Reported in: 66(1988)CLT841; 1989CriLJ447
ORDERG.B. Patnaik, J.1. This is an application invoking the inherent jurisdiction of this Court for expunction of certain remarks made by the learned Sessions Judge against the petitioner while disposing of Sessions Trial No. 19 of 1985.2. The petitioner is a doctor and was called upon to conduct post-mortem examination on the dead body of the deceased on 1-9-1984 in P. S. Case No. 139 dated 31-8-1984. The said dead body was found lying on the National Highway at Bidu Chhak on 30/31-8-1984 at 4.00 P.M. The petitioner as the doctor conducting the post mortem examination was examined by the prosecution as P.W. 6. The learned Sessions Judge after considering the entire evidence on record came to hold that the case being one of circumstantial evidence and there being no eye-witness to the occurrence and the circumstances not having been established to prove the guilt of the accused, the prosecution had failed to establish the charge beyond reasonable doubt. The Sessions Judge, therefore, a...
Pranakrushna and ors. Vs. Umakanta Panda and ors.
Court: Orissa
Decided on: Sep-03-1988
Reported in: AIR1989Ori148; 66(1988)CLT802
Agrawal, C.J.1. This revision by the plaintiffs under Section 115 of the Civil P.C. (for short, 'the Code'), which is directed against un order of the trial court allowing an application for intervention filed by opposite parties 2 to 4, apparently appears simple. But some issues of seminal importance are raised for our determination in view of order of the learned single Judge referring the matter to a Division Bench doubting the correctness of the decision of another learned Judge of this Court.2. The facts briefly noted are as follows : --The petitioners instituted a suit for declaration of their title over certain landed property in which a relief of permanent injunction restraining the defendant-opposite party No. 1 from alienating the suit property was also made. On 20-4-1981, the court passed an order of interim injunction which was ultimately made absolute on 30-9-1981.3. In due course, the hearing of the suit was taken; up and was completed on 8-10-1985/17-10-85 was fixed for ...
Nityananda Pasayat Vs. the State
Court: Orissa
Decided on: Sep-03-1988
Reported in: 1989CriLJ1547
G.B. Patnaik, J.1. Appellant Nityananda Pasayat alias Beda has been convicted under Section 302, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life for having intentionally caused the death of deceased Banabasa Bank by the learned Additional Sessions Judge, Sambalpur. Along with him four other accused persons stood charged under Sections 148, 149, 323, 324 and 302, Indian Penal Code. Accused Kulamani alias Kuladhar, Krushna, Debarchan and Satyananda were separately charged under Section 323, Indian Penal Code. The learned Trial Judge convicted the accused-appellant only under Section 302, Indian Penal Code, and so far as the other accused persons are concerned, they were convicted under Section 323, Indian Penal Code, and were sentenced to pay a fine of Rs. 150/- each, in default to undergo rigorous imprisonment for fifteen days each. All other charges against the other accused persons as well as the appellant were held not to have been established. The...
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