Orissa Court July 1989 Judgments
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Titaghur Paper Mills Co. Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-19-1989
Reported in: [1990]76STC447(Orissa)
D.P. Mohapatra, J.1. The petitioners have filed this application under Article 226 of the Constitution of India to declare the provisions of the Orissa Sales Tax (Amendment and Validation) Act, 1979 (Orissa Act 24 of 1979) (hereinafter referred to as the 'amending Act') ultra vires the Constitution ; to direct by a writ of mandamus the Commissioner of Sales Tax, Orissa and his subordinates not to enforce, execute and administer the provisions of the said Act in respect of the petitioners and for other consequential reliefs.The petitioner No. 1 is the Titaghur Paper Mills Company Limited, an existing company within the meaning of the Companies Act, 1956, and petitioner No. 2 is one Paresh Chandra Dash, Manager of the Mill No. 3 at Choudwar and the Principal officer of petitioner No. 1. Of the eighteen opposite parties, the State of Orissa represented by the Secretary in the Finance Department, Secretary to the State Government in the Law Department and the Commissioner of Sales Tax, Ori...
Gangadhar Biswal Vs. State of Orissa
Court: Orissa
Decided on: Jul-17-1989
Reported in: I(1990)ACC329; 1990ACJ896
S.C. Mohapatra, J. 1. Being convicted under Sections 279/304A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months with fine of Rs. 500/- by the appellate court, petitioner has preferred this revision.2. Prosecution case is that on 10.9.1979 at about 3 p.m. while accused who was driving the bus ORP 3294 from Puri to Bhubaneswar rashly and negligently, ran over two cyclists near the office of the Block Development Officer and Tahsildar, Pipili causing their death. Petitioner denied to be driving the vehicle with rashness and negligence and pleaded not to be guilty of any offence.3. Prosecution has examined five witnesses which included eye-witnesses to the occurrence. Appreciating their evidence both the courts found that the road at the spot of accident was pitched 12 feet wide. Both sides of the pitched portion were metalled 10 feet wide each. Thus, end to end it was 32 feet wide. Portion of the road at the spot was being repaired and flag was place...
Banchhanidhi Singh Alias Nani Singh Vs. State of Orissa
Court: Orissa
Decided on: Jul-14-1989
Reported in: 68(1989)CLT462; 1990CriLJ397
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment of the learned Sessions Judge, Balasore, dated 29-7-1985 in Criminal Appeal No. 127 of 1985 confirming the order of conviction passed by the trial court in G. R. Case No. 1482 of 1981 convicting the accused under Section 379, I.P.C. and sentencing him thereunder to undergo rigorous imprisonment for one month.2. The petitioner Banchhanidhi Singh was the owner of a cycle repairing shop near Bhograi market within Bhograi Police Station in Balasore district. On a consideration of the evidence of seven PWs examined by the prosecution, the learned Magistrate convicted the petitioner under Section 379, I.P.C. for having committed theft of the bicycle of the informant Bhaskar Chandra Patra (PW 2), valued at Rs. 200/-.Out of seven witnesses examined by the prosecution, PWs 1 to 3 are the only material witnesses. PW 4 is not a material witness, as he admitted that he had only heard about the alleged incident regarding the ...
S.M.M. Abdi Vs. Janaki Ballav Patnaik and ors.
Court: Orissa
Decided on: Jul-12-1989
Reported in: AIR1989Ori265; 69(1990)CLT400
D.P. Mohapatra, J.1. This appeal under Clause 10 of the Letters Patent of the Orissa High Court was filed by defendant 3 in O.S. No. 1 of 1987 which is being tried by a learned single Judge of this Court. The appeal is directed against the order passed on 7th April, 1989 in Misc. Case No. 11 of 1989 by the learned trial Judge permitting the respondent 1 to amend his plaint.2. The aforementioned suit was initially filed in the Court of the Subordinate Judge, Bhubeneswer by the respondent 1 against the appellant and respondents 2, 3 and 4 praying for a decree for Rs. 1,0000000/- (one crore) to be paid by the defendants jointly and severally and to injunct the defendants permanently from publishing further libellous and defematory statements during pendency of the suit and thereafter. The plaintiff claimed damages from the defendants for publishing the article in the magazine 'The Illustrated weekly of India' in its issue dt. May, 18-24, 1986 in which, as alleged by the plaintiff, libello...
Hatia SwaIn Vs. Chintamani Mishra
Court: Orissa
Decided on: Jul-11-1989
Reported in: 68(1989)CLT375; 1990CriLJ47
ORDERV. Gopalaswamy, J.1. This Misc. Case is filed under Section 482, Cr.P.C. for quashing the order dated 8-12-1987 passed by the learned Sub-divisional Judicial Magistrate, Puri, in 1CC No. 138 of 1987 taking cognizance against the petitioner and others under Sections 448, 427, 323, 506 read with Section 34, I.P.C.2. The learned counsel for the petitioner challenged the order taking cognizance against the petitioner and others on the ground that the learned Magistrate has not given reasons for taking cognizance against the petitioner.3. So the question that arises for consideration is whether the Magistrate is required to give reasons for issuing process under Section 204, Cr.P.C.4. In this context reference to the relevant provisions of Sections 203 and 204, Cr.P.C. is considered relevant and material and hence extracted below :'203. Dismissal of complaint.-- If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry o...
Rama Sankar Mishra and ors. Vs. Orissa Public Service Commission and a ...
Court: Orissa
Decided on: Jul-10-1989
Reported in: AIR1990Ori57; (1990)IILLJ262Ori
Agrawal, C.J. 1. All these writ applications have been heard together as they arise out of the same transaction and are being disposed of herewith.2. In all of them, challenge has been made to the select list (Annexure I) prepared by the Orissa Public Service Commission (shortly stated, 'the Commission') for appointment to the posts of Probationary Munsifs in Class II of the Orissa Judicial Service. The main ground of challenge by the petitioners is that the Commission not only did not award any marks to the petitioners in the viva voce test but altogether dropped them from further consideration erroneously holding them 'unfit' for recommending their names.3. At the time of admission, sitting in Division, I referred it to a larger Bench for hearing in view of the importance of the questions raised in the cases.4. The facts :I am stating the facts, which are identical in all the cases, with reference to O.J.C. No. 848/89, the first case in the list. Advertisement No. 20 of 1986-87 was i...
Oriental Insurance Co. Ltd. Vs. Parvathy and ors.
Court: Orissa
Decided on: Jul-04-1989
Reported in: II(1989)ACC545
U.L Bhat, J.1. These appeals are filed by the insurer against the common judgment and awards passed by the Motor Accidents claims Tribunal, Palghat in three claim petitions arising out of the same accident. The claimant in each case has filed cross objection.2. The claimants in the three cases were passengers in stage carriage bus KLJ 3587. It was proceedings along the road from Chunkam to Peruvamba. Another bus belonging to C.T.C. Company was going ahead. The driver of bus KLG 3587 speeded and tried to overtake the bus. In the process, the bus turned suddenly to the right side, hit against the shop on the western side and then capsized. These three passengers sustained injuries. They had to be hospitalised and treated. Appellant in M.F.A. 630 of 1986 (OP 44 of 1986) claimed Rs. 55,000/- and was allowed Rs. 25,000/-. Claimant in M.F.A. 632 of 1986 (O.P. 20 of 1986) claimed Rs. 58,200/- and was allowed Rs. 43,159/- claimant in M.F.A. 638 of 1988 (O.P. 369 of 1985) claimed Rs. 50,000/- a...
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