Orissa Court July 1990 Judgments
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Goura Chandra Naik Vs. State of Orissa
Court: Orissa
Decided on: Jul-18-1990
Reported in: 1992CriLJ275
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment of the learned Sessions Judge, Boudh-Khondmals, Phulbani, in Criminal Appeal No. 75 of 1985 confirming the order of conviction and sentence passed against the accused-petitioner by the trial Court under Section 409/34, I.P.C.2. The gist of prosecution case is that the accused-petitioner was the Sarpanch of Madaguda Gram Panchayat during the relevant period and that he along with the Secretary of the Gram Panchayat (the co-accused in the case) in furtherance of their common intention had misappropriated an amount of Rs. 19,500/- from out of the Gram Panchayat funds and thereby rendered themselves liable under Section 409/34, I.P.C.3. The prosecution has examined in all fifteen witnesses to prove its case. The plea of the petitioner was one of denial. No evidence was adduced on behalf of the petitioner in support of his plea.4. As a court of revision I am not expected to re-appraise the evidence. The learned counse...
Omprakash Agarwala Vs. State Bank of India and ors.
Court: Orissa
Decided on: Jul-17-1990
Reported in: AIR1991Ori98
G.B. Patnaik, J.1. Defendant No. 2 is the appellant against the judgment and decree of tHe Subordinate Judge, Titilagarh, in Money Suit No. 64 of 1976 wherein the suit filed by the State Bank of India has been decreed to the extent of Rs. 16,245.44 paise.2. Plaintiffs case in brief is the defendant No. 1 is a partnership firm of which defendants 2 to 5 are partners. The defendants approached the plaintiff for cash credit accommodation and the plaintiff granted a cash credit accommodation to the extent of Rs. 20,000/- for the purpose of business of defendant No. 1. Defendant No. 1 through its partners, Omprakash Agrawal (defendant No. 2) executed an agreement for cash credit on security of pledge of goods, produce and merchandise. It was also agreed that the advance under the agreement would not exceed Rs. 20,000/ - and interest to be charged thereon would be at the rate of 2 per cent above the rate of interest that is granted by the State Bank of India. The plaintiff Bank was authorise...
Purna Padhi and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jul-17-1990
Reported in: 70(1990)CLT308; 1992CriLJ687
B.L. Hansaria, C.J.1. The two appellants having been convicted Under Section 302/34, IPC and each of them having been sentenced to undergo R.I. for life have preferred this appeal.2. The occurrence which had seen the death of Chaitan Kar had taken place on 22-11-1984 at about 8 a.m. at Marichkote Chhak of Puri town. At the relevant time deceased Chaitan had come to take tea in the shop of P. W. 6 Gangadhar Panda. After having taken tea, Chaitan proceeded towards the pan shop of Arakhit, father of P.W. 10. At that point of time, accused Purna arrived at the spot putting on a napkin on his left shoulder. He was then accompanied by the co-accused Braja who had covered himself with a Chadar. So coming, Purna brought out a Farsa from his armpit and dealt a blow by means of the said Farsa on the left side of the neck of Chaitan. At this point of time accused Braja brought out a Bhujali from underneath his Chadar and dealt a cut blow on the left leg of Chaitan who was lying on the ground. Acc...
Commissioner of Income-tax Vs. Krushna Chandra Panda and Brothers
Court: Orissa
Decided on: Jul-16-1990
Reported in: [1991]188ITR149(Orissa)
S.C. Mohapatra, J.1. At the instance of the Department/a statement of the case was called for from the Tribunal on the following question of law arising out of the order :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty under Section 271(l)(c) for the year ?'Since all these references are in respect of the same assessee, they were heard together and are disposed of by this judgment.2. The same question in another form was referred by the Tribunal to this court which has been answered in the decision in CIT v. Dhadi Sahu : [1976]105ITR56(Orissa) . Admittedly, the said decision is against the Department. Statements in these cases were called for on the ground that the correctness of the said decision was pending in the Supreme Court.3. Mr. S. C. Ray, learned Advocate-General and standing counsel for the Income-tax Department, submitted that the Supreme Court has not yet decided the matter.4. There is no necessity to keep th...
Radharaman Sahu Vs. Trilochan Nanda
Court: Orissa
Decided on: Jul-16-1990
Reported in: 70(1990)CLT788; 1991CriLJ1603
ORDERD.P. Mohapatra, J.1. In these two applications filed Under Section 482, Cr. P.C. (for short 'Cr. P.C.') the parties are the same and the facts and circumstances are similar and identical question of law is raised. As such, with the consent of the learned counsel for the parties the cases were heard together and they are disposed of by this common judgment. While Criminal Misc. Case No. 247 of 1990 relates to I.C.C. Case No. 7 of 1989 of the Court of the Sub-divisional Judl. Magistrate (S.D.J.M.) Bhubaneswar, Criminal Misc. Case No. 248 of 1990 relates to l.C.C. Case No. 6 of 1989 of the same court.2. In these applications challenge is raised to the orders passed by the learned S.D.J.M. taking cognizance of the offence Under Section 420, I.P.C. (for short 'I.P.C.') against the petitioner. The petitions of complaint filed by the opposite party before the learned S.D.J.N. were registered as I.C.C. Case Nos. 6 and 7 of 1989. Since the facts in both the cases are similar for the sake o...
Narahari Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-13-1990
Reported in: 1991(I)OLR394
B.L. Hansaria, C.J.1. The grievance in this application relates to the appointment of opp. party No, 3 as trained graduate teacher in the. school in question. This opp. party was appointed in the school on 7-12-1972 as classical teacher where as the petitioner found his berth in the school on 18-3-1975; When the petitioner was appointed, he was I. Sc, B. A. and subsequently obtained his B. Ed. degree during the session 1976-77, Opp. party No. 3 was i. A. , B. A. (Sanskrit) at the time of his appointment and got. B. Ed. degree in 1976-77. The rule relating to appointment to the post in question, Rule 8(2j(b) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational institutions) Rules, 1974, read as below at the relevant time ;' (2) Notwithstanding anything to the contrary in these rules it shall not be necessary to apply to or submit any appointment made by the Managing Committee or the Governing Body to the Selection Board...
Rusi Sahu and ors. Vs. Debaraj Biswal and ors.
Court: Orissa
Decided on: Jul-12-1990
Reported in: AIR1991Ori30
K.C. Jagadeb Roy, J.1. The present appellants were plaintiffs in Money Suit No. 30 of 1976 in the court of the Munsif, Bargarh and brought the suit for recovery of damages amounting to Rs. 2000/- from Defendants 1 and 2. Their allegation was that the defendant 1 having hostility and ill-feeling to the plaintiffs caused to be implicated them in a criminal case and got them arrested by the police maliciously and they remained under arrest for two days under painful mental and physical condition. This was pursuant to a F.I.R. lodged by Defendant 1 dated 16-5-1973 against them for which a G.R. Case No. 247 of 1973 was registered in the police station and final report having been passed by the police, the case struck off by the order of the Sub-Divisional Officer dated 20-7-1973. The Defendant No. 2 again falsely implicated the plaintiffs on 1-5-1987 in an arson case and managed to get them arrested by the police maliciously and the plaintiffs were under arrest from morning till midnight wi...
Satrughana Alias Satrughna Parida and anr. Etc. Vs. State of Orissa
Court: Orissa
Decided on: Jul-10-1990
Reported in: 1991CriLJ846
ORDERL. Rath, J.1. All these revisions arise out of the prosecution of the petitioners along with another Buruba Pallai in Sessions Trial No. 3/146 of 1984/83 before the Assistant Sessions Judge, Puri Under Sections 457 and 395 IPC and hence are disposed of by this common judgment.2. It was the prosecution case that the petitioners along with the acquitted person and others, in all numbering twelve, committed dacoity in the night of 22-10-82 in the house of P.W. 8 breaking open the doors, entering into the house, assaulting the informant P.W. 1 and other inmates and decamping with valuable properties. The uniform defence plea was one of denial. The learned Asst. Sessions Judge while acquitting accused Dhruba Pallai found the petitioners guilty Under Sections 395 and 457 IPC and convicted them under the first charge of R.I. for seven years each and under the second charge to R.I. for two years each with direction for the sentences to run concurrently. All the petitioners preferred appea...
Sujan Majhi Vs. Dhaneswar Rana
Court: Orissa
Decided on: Jul-06-1990
Reported in: AIR1991Ori111
G.B. Patnaik, J.1. Defendant is the appellant against the judgment and decree of the Subordinate Judge, Titilagarh, in a suit for recovery of Rs. 6,000/- from the defendant.2. Plaintiff filed the suit alleging that the defendant received a sum of Rs. 4,120/- on 27-1-1967 on executing a registered usufructuary mortgage deed (Ext. I) in respect of the plaint schedule land and the plaintiff remained in possession of the land. Again on 18-7-1968, the said defendant received a sum of Rs. 1,880/- and executed a registered usufructuary mortgage deed (Ext. 2) for a total sum of Rs. 6,000/-. The lands were mortgaged as the money was needed to meet the family necessity. The defendant agreed to pay interest at the rate of 12 per cent per annum and the principal sum of Rs. 6,000/- in case the plaintiff is dispossessed from the land, The plaintiff remained in possession till 31-12-1973. The defendant filed a petition under Section 23 of the Orissa Land Reforms Act to declare the transfer invalid as...
Sri Khetramohan Ray Vs. Udayanarayan Panda and anr.
Court: Orissa
Decided on: Jul-05-1990
Reported in: AIR1991Ori25; 70(1990)CLT538
S.C. Mohapatra, J. 1. Unsuccessful in the suit for recovery of Rs. 15,000/- with interest at the rate of 12% per.annum from the defendants, plaintiff has preferred this appeal.2. Defendants are two brothers, residents of Bhadrakh Sub-Division in Balasore District. Defendant No. 1 at one time was an employee of son of the plaintiff who carries on business of transport having a branch office at Bhadrakh.3. Case of plaintiff is that on 25-10-1971, defendant No. 1 who was known to plaintiff previously as an employee of his son, approached him for a loan of Rs. 15,000/- for maintaining the joint family shop known as Mamata Store in Kuchery Bazar at Bhadrak managed by his younger brother (Defendant No. 2) and for purchasing medicine for himself. Plaintiff who had received his retirement benefits advanced the loan to Defendant No. 1 on his executing a promissory note (Exl. 1) which was scribed by P.W. 2. Since defendant No. 1 did not pay the amount despite notice, suit was filed.4. Defendants...
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