Orissa Court December 1991 Judgments
B. Pattnaik Mines (Pvt.) Ltd. Vs. Bijoyananda Pattnaik and ors.
Court: Orissa
Decided on: Dec-20-1991
Reported in: [1994]80CompCas237(Orissa)
P.C. Misra, J.1. On an application filed by respondent No. 8, the question of limitation was decided to be heard as a preliminary point.2. M/s. B. Pattnaik Mines (Pvt.) Ltd. is a company which is under liquidation. The present application has been filed by the company representedby the official liquidator under Section 543 of the Companies Act, 1956, praying for making all necessary enquiries to be made and to assess the damages against the delinquent director of the company for whose misfeasance and breach of trust, the company lost its assets and was led to a situation for its liquidation.3. The admitted facts are that the company was incorporated on March 19, 1956, when its head office was at Tulsipur, Cuttack. Subsequently, the office was shifted to other premises in the same locality. There was a proceeding for winding up of the company and the company was wound up with effect from April 9, 1975. This application under Section 543 of the Companies Act was filed on April 9, 1981. I...
Tag this Judgment!Commissioner of Income-tax Vs. Orissa Metal Industries Pvt. Ltd.
Court: Orissa
Decided on: Dec-20-1991
Reported in: [1992]196ITR803(Orissa)
A. Pasayat, J. 1. By this application under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Revenue has sought for a direction to the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in short 'the Tribunal'), to refer the following question:' Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law to direct the Income-tax Officer to carry forward the loss ?'2. The background facts are that M/s Orissa Metal Industries (P) Ltd., a private limited company (hereinafter referred to as 'the assessee'), filed its return for the assessment year 1980-81 on August 30, 1980, indicating a total loss of Rs. 3,87,500. After assessment by the Income-tax Officer, Ward-A, Bhubaneswar, the net loss arrived at was Rs. 96,585. The Assessing Officer was of the view that the assessee was not entitled to carry forward the loss as the return was not filed within the time prescribed in Section 139(1) read wi...
Tag this Judgment!Bidyadhar Dolai Vs. the State
Court: Orissa
Decided on: Dec-20-1991
Reported in: 1993CriLJ260; 1992(I)OLR108
L. Rath, J. 1. Both these Criminal Miscellaneous Cases raise the same question of law as to whether non-compliance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') relating to search and arrest ipso facto entitles the accused to be enlarged on bail, and hence are disposed of by this common judgment. 2. The facts traversed in Criminal Misc. Case No. 1052/91 are that the Officer-in-charge, Orkel Police Station in the district of Koraput received a telephonic message on 17-7-1991 at about 11.30 a.m. of the petitioner selling opium and being in possession of the same. The message was entered by him in the station diary and he proceeded at 12 15 p.m. to the Orkel market with two other officers. At the market he found the accused petitioner in the grocery shop and upon search in presence of witnesses, recovered 10 grams of opium from his left side trouser pocket. The opium was seized in the presence of witnesses. The seizu...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Kalandi Moharana and anr.
Court: Orissa
Decided on: Dec-18-1991
Reported in: 1993ACJ68; (1999)IIILLJ337Ori
S.C. Mohapatra, J. 1. Insurer is the appellant in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). 2. A motor vehicle fitted with rig bearing registration No. ORK 2442 was on commission on October 13, 1989. At about 9 a.m. injured workman got up the ladder to fix a pipe to the rig. Before such fixation, driver of the vehicle started the rig as a result of which workman fell down first on another workman and thereafter on the stony surface of the ground. As a result of such fall, he sustained injuries. On account of such injuries, he made an application under the Act to the Commissioner for compensation. 3. Owner of the vehicle admitted employment, monthly wages and the injuries on account of accident in course of and arising out of employment. Only age of the workman was disputed. Insurer denied its liability. 4. Commissioner on appreciation of evidence has held that the claimant workman sustained injuries in course of and ari...
Tag this Judgment!Bhagawan Singh and Govinda Sharma Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-18-1991
Reported in: 1992(I)OLR181
B.L. Hansaria, C.J.1. These petitions challenge the legality of the detention of accused Govinda Sharma. (petitioner in 0. J. C. No. 6179/91--the other writ petition, namely, O. J,C. No. 5777/91 having been filed challenging the legality of the confinement of Govinda by his uncle (Bhagawan Singh) pursuant to remand orders passed by learned Sessions Judge, Botangir and seek Issuance of writ of habeas corpus to free the accused from illegal detention. The remand orders had come to be passed by Sessions Judge on Govinda being produced before hint in connection with a case registered against him under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). The last order, which is dated 18-1-1991, had been, however, passed after taking cognizance of the offence.2. The validity of the orders has been assailed on the ground that the Sessions Judge had no jurisdiction to paas the remand order before taking cognizance of the offence; and the remand order ...
Tag this Judgment!Bijaya Ananda and Etc. Etc. Vs. State of Orissa
Court: Orissa
Decided on: Dec-18-1991
Reported in: 73(1992)CLT825; 1992CriLJ3293
D.M. Patnaik, J.1. These two appeals arise out of a common judgment dated 2-2-1988 of the Additional Sessions Judge, Parlakhemundi in a case under Section 302, I.P.C. The learned Additional Sessions Judge having convicted appellant Prasant Pradhan under Section 302 and appellants Bijaya Ananda and Yenkata Rama Rao under Section 302 read with Section 109 of the Indian Penal Code and having sentenced all of them to undergo imprisonment for life, they are in appeal.2. Prosecution case is, deceased Basanta Ananda and some others of his village were antagonistic towards appellant Bijaya Ananda during the preceding Grama Panchayat election. It was alleged that the occurrence was on account of this bad blood between the two rival groups.On 22-10-1985 at about 2 p.m., deceased Basanta Ananda was proceeding from his village towards village Tabarada to purchase s6'me grocery articles with a bag in his hand. A little distance before village Janapada on the main road leading from Parlakhemundi to ...
Tag this Judgment!Jugal Kishore Prusty Vs. State of Orissa
Court: Orissa
Decided on: Dec-17-1991
Reported in: II(1992)DMC80
K.C. Jagadeb Roy, J.1. The petitioner in this revision challenges thejudgment dated 20-4-1988 passed in Criminal Appeal No. 12 of 1987 wherein the learned Sessions Judge, Keonjhar has dismissed the appeal and confirmedthe order of conviction and sentence passed by the Trial Court against him.The petitioner was convicted under Section 4 of the Dowry Prohibition Act,1961 and sentenced to undergo imprisonment till rising of the Court and to paya fine of Rs. 5,000/- in default to undergo simple imprisonment for 6 months.2. The petitioner is a Bank Officer and his marriage was fixed withone Sukanti, but the marriage could not be gone through due to the allegeddemand of a motor cycle by the petitioner. The father of Sukanti lodged anF.I.R. on 21-4-1984 against the petitioner. Sanction had been given by thePistrict Magistrate, Keonjhar by his order dated 10-6-1984 after which U.I. Case No. 371 of 1984 (Trial Case No. 843 of 1984) was initiated against thepetitioner under Section 4 of the Dowr...
Tag this Judgment!Bishnu Prasad Mohapatra Vs. Harihar Patnaik
Court: Orissa
Decided on: Dec-13-1991
Reported in: 73(1992)CLT537; 1992CriLJ2701; 1992(I)OLR186
A. Pasayat, J.1. Petitioner, a police officer, questions legality of the order dated 21-9-1987 Passed by the learned Subdivisional Judicial Magistrate (in short 'SDJM'), Puri, taking cognizance under Section 323 of the Indian Penal Code, 1860 (in short '1PC'), and issuing summons to him.2. Background facts are that on 9-7-1987 the opposite party sent a petition to the learned SDJM inter alia stating and alleging that he was produced before him in connection with G. R. Case No. 851 of 1987 corresponding to P.S. Case No. 181 of 1987 of Puri Town Police Station. At the time of production, he alleged that while in police custody on 7-7-1987, he was abused and severely physically assaulted by Police Officers including the petitioner. The specific allegation against the petitioner was that he had abused the opposite party in slang languages, and had beaten him with a police baton when he was in police custody. Subsequently, eight to ten other police officers joined the petitioner and abused ...
Tag this Judgment!Pramod Kumar Bohidar and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-1991
Reported in: 73(1992)CLT692; 1992(I)OLR392
G.B. Pattnaik, J. 1. Petitioners are the inhabitants of different villages of Udar Gram Panchayat in the district of Bolangir. In this writ application, they challenge the notification of the State Government dated 26th of June, 1991, annexed as Annexure-2, by which notification the name of the Grama Panchayat has been changed to Sirabahal, as well as the order of the District Panchayat Officer dated 10-7-1991, annexed as Annexure-3, directing shifting of the Gram Panchayat Office from Udar to Sirabahal. Their case a in nut-shell is that the State Government by notification dated 3-11-1983 constituted Udar Grama Panchayat consisting of ten contiguous villages as per Annexure-1 and taking into account all relevant factors, the name of the Panchyat was named as Udar Grama Panchayat with headquarters at Udar. Subsequent to such constitution, the Grama Panchayat building has been constructed at the said village at a huge cost and several other infrastructures have been provided. There is a...
Tag this Judgment!Ekadasi Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-11-1991
Reported in: 73(1992)CLT749; 1992(I)OLR356
G.B. Pattnaik, J.1. An interesting question of law that arises in this writ application is whether property conveyed under a deed of mortgage by conditional sale can be said to be property of the mortgagee so as to be included while determining the ceiling of the mortgagee under the provisions of the Orissa Land Reforms Act.2. A ceiling surplus case was instituted against opp. party No. 5 which was registered as O.L.R. Case No. 139 of 1975 and in the said case the disputed property was taken into account. The petitioner objected to the inclusion of the disputed property on the ground that the petitioner was the mortgagor and it is the petitioner who is in possession of the land which has been upheld in a proceeding under Section 145 of the Code of Criminal Procedure and, therefore, the property could not have been included while determining the ceiling surplus in the hands of the mortgagee.The Revenue Officer rejected the said objection. The order of the Revenue Officer is annexed as A...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »