Orissa Court December 1991 Judgments
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Pitambar Prusty Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-1991
Reported in: 73(1992)CLT266; 1992CriLJ2890; 1992(I)OLR266
A.K. Padhi, J. 1. Challenging the conviction under Section 350 Cr.P.C. and sentence thereunder to pay a fine of Rs. 100/- in default to undergo sin-pie imprisonment for ten days, affirmed by the appellate Court, petitioner has approached this Court. 2. Short facts of this case are that the petitioner was working as M.V.I., under the R.T.O., Sambalpur. Summons were issued to him to attend the Court as a witness in G. R. Case No. 185 of 1985. Summons were personally received by the petitioner on 21-7-1987 and the date to which the case was posted was 25-7-1987. As the petitioner did not attend Court as a witness on 25-7-1987, a proceeding under Section 350 Cr.P.C. was initiated against him which was registered as Misc. Case No. 92 of 1987. Though notice was issued in Misc. Case No. 92 of 1987, the petitioner also did not appear in the said proceeding. Learned Magistrate without issuing N.B.W. or without taking any coercive measure for securing attendance of the petitioner in the proceedi...
Smt. Indumati Nayak (Bewa) Vs. the Additional Commissioner of Commerci ...
Court: Orissa
Decided on: Dec-10-1991
Reported in: AIR1992Ori71
B.N. Dash, J.1. The petitioner is the proprietor of the cinema house named and styled as 'M. K. Theatre' located at Jeypore in the district of Koraput. She was assessed for a period of seven months from 1-4-1986 to 31-10-1986 under Section 9-A of the Orissa Entertainments Tax Act, 1946 (hereinafter called 'the Act') read with Rule 16-(1) of the Orissa Entertainments Tax Rules, 1947 (for short 'the Rules') and extra tax demand of Rs. 1,94,204.50 was made, as per Annexure-2. The basis for such extra tax demand was the reports of inspections made on 27-5-1986, 1-6-1986, 27-7-1986 and 1-9-1986 indicating evasion of entertainment tax. The revision against such assessment having been dismissed, as per Annexure-6, the present petition under Article 226 of the Constitution has been filed for quashing Annexures 2 and 6.2. Mr. B. Agarwal, learned counsel for the petitioner has raised the following three contentions:--(i) The composite assessment for sevenmonths is illegal, being contrary to the ...
Jibardhan Bisi and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-10-1991
Reported in: 1992(I)OLR251
A. Pasayat, J. 1. Petitioners question legality of the order dated 15-4-1987 passed by the Additional District Magistrate, Sambalpur in OLR Case Nos. 109, 110 and 111 of 1974 directing review of the order dated 19-4-1978 passed by the Additional Tahasildar, Sohella in O.L.R. (Celling) Case No. 110 of 1974, and the order dated 23-5-1938 passed by the Additional Tahasildar and Revenue Officer, Sohella, pursuant to the order of review passed by the Additional District Magistrate.2. The background facts are as follows :A proceeding under Section 40-A of the Orissa Land Reforms Act, 1960 (in short 'the-Act') was initiated against the petitioner No. 1 Jibardhan. In the said proceeding it was held that Jibardhan was in possession of 13.64 standard acres of land. The Additional Tahasildar, Sohella (opp. party No. 2) also held that the family of Jibardhan consisted of himself, his wife and their son Nibin Kishore, petitioner No. 2, Ten standard acres of land were allowed to be retained and the ...
State of Orissa Vs. Harekrishna Mahatab and ors.
Court: Orissa
Decided on: Dec-09-1991
Reported in: AIR1992Ori284
S.C. Mohapatra, J.1. Plaintiff in a suit for realisation of money is appellant.2. State Government undertook export of iron ore from Paradeep. Such iron ore was to be transported from mines in Sukinda area to Paradeep. In early part of 1957, State Government purchased boats and engaged persons to operate them for transport of iron ore to Paradeep through inland water ways. State Government engaged one Satrughna Sahu as contractor for efficient transportation. Defendants Nos. 1 to 3 in Partnership formed an association named the Cuttack Motor Launch Association of which defendant No. 1 was the Secretary and in that name they were carrying on business. Launches belonging to them were being hired by State Government through the transport contractor for touring the boats loaded with iron ore to be carried to Paradeep in the inland water ways from Jenapur and Cuttack to Paradeep. While they were so engaged on 10-11-1958, defendant No. 1 made an application to the State Government for a loan...
Sesadeva Mallik and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Dec-09-1991
Reported in: 1992CriLJ1256
D.M. Patnaik, J.1. Both these appeals arise out of common judgment dated 27-2-89 of the Assistant Sessions Judge, Sthagarh in a case under Section 457/395/34, I.P.C. and Section 9-B of the Indian Explosives Act, 1884. The appellants were found guilty for the offences of lurking house trespass and dacoity and convicted and sentenced thereunder to undergo rigorous imprisonment for eight years each.2. Prosecution case in brief. On 15/16-4-88 at about 1 a.m. in the night, the appellants along with 7 to 8 persons forcibly entered the house of Ananta Charan Acharya (P. W. 1) of village Kamarpur Sasan and after assaulting him, his wife and daughter took away gold and silver ornaments and cash of Rs. 1050/-and decamped with the booty. It was also alleged that they exploded bombs to scare the neighbours as a result of which the neighbours could not come to the spot. P.W. 1 lodged the F.I.R. at the Gurudijhatia Police Station at 7.30 a.m. the following morning. The Investigating Officer during i...
Bijaya Kumar SwaIn and ors. Vs. the State of Orissa
Court: Orissa
Decided on: Dec-09-1991
Reported in: 73(1992)CLT718; 1992CriLJ3979
D.M. Patnaik, J.1. The above two revisions arise from the judgment in Sessions Case No. 5 of 1985 of the court of the Assistant Sessions Judge, Bhanjanagar. Petitioner Bijaya Kumar Swain was convicted under Section 307, I.P.C. and sentenced to undergo rigorous imprisonment for 5 years, the other petitioners were convicted under Section 307/34, I.P.C. and sentenced to undergo rigorous imprisonment for two years each and all the three petitioners were convicted and sentenced to undergo one year each for the offence punishable under Section 455/34, I.P.C. and appellant Bijaya Kumar Swain was further convicted under Section 354, I.P.C. and sentenced to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently. The appeals against their conviction having been confirmed, the petitioners are in revision before this Court.2. Prosecution case is, on 21-3-84 petitioner Bijaya Kumar Swain reported before the Officer-in-charge of Gangapur Police Station that at ab...
Rama Chandra @ Ramanandan Sahu Vs. Niranjan Rout and anr.
Court: Orissa
Decided on: Dec-06-1991
Reported in: 1992CriLJ3041; 1992(I)OLR370
A. Pasayat, J.1. One of the sections of the Code of Criminal Procedure, be it of 1889 or 1973, the scope and ambit of which has repeatedly come for analysis before the Supreme Court and various High Courts is Section 197. That is because the section is intended as a protection against malicious implication of public servants. Presently we are concerned with the case under Section 197 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). This section is designed to facilitate an effective and unhampered performance by public servants of their official duty, by providing for scrutiny into the allegations against them by their superior authorities, and prior sanction for their prosecution is a condition precedent to the cognizance of cases against them by Courts so that they may be protected from frivolous, vexatious or false prosecution for offences alleged to have been committed by them while acting or purporting to act in the discharge of their official duty....
Chamurulal Agarwalla Vs. State of Orissa
Court: Orissa
Decided on: Dec-06-1991
Reported in: 1992CriLJ2959; 1992(I)OLR269
A. Pasayat, J.1. Petitioner faces trial under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (in short the 'Act') for selling adulterated Jira (cumin seed).2. Undisputedly, sample was collected on 22-2-1984, distributed in three equal parts, kept in three bottles, one part was sent to the Public Analyst for analysis. The said sample on analysis was found to be adulterated, as evident from the report dated 22-3-1984. On receipt of the report, written consent was obtained and Prosecution Report was submitted on 3-5-1984 in the Court of the Sub-Divisional Judicial Magistrate, Sonepur (described hereinafter as the 'SDJM'). A copy of the analyst report was sent to the petitioner with indication that if he so desired, he may apply for getting the second sample analysed by the Director, Central Food Laboratory. The petitioner filed an application to that effect. It appears that sample was sent to the said authority along with sample collected in another case. The Director i...
Hari Mallick Vs. Chittaranjan Samal and ors.
Court: Orissa
Decided on: Dec-04-1991
Reported in: 1992(I)OLR177
S.C. Mohapatra, J.1. Plaintiff is the appellant in a suit far declaration only.2. One Bharat was owner of some landed properties. Ha died in the year 1958 leaving behind his widow Sakuntala. in 1963, one Matmwar filed a suit for partition against Sakuntala. third wife of Bharat claiming to be the adopted son of Bharat. Suit having been dismissed. Maheswar filed First Appeal No. 04 of 1971 in this Court. During pendency of the First Appeal, Sakuntala died on 23-4-1972. On death of Sakuntala, dispute relating to possession of the properties of Bharat arose between plaintiff and Ors. on one side and defendant No. 1 and Anr. on the other side. When the dispute was brought to notice of learned Executive Magistrate by defendant No. 1, a proceeding under Section 145 Cr.P.C. was initiated apprehending breach of peace in which preliminary order was passed on 9-8-1972. At that stage, defendant No. 1 filed an application in First Appeal to be substituted in place of deceased Sakuntala on the basi...
Commissioner of Income-tax Vs. Indian Metals and Carbide Ltd.
Court: Orissa
Decided on: Dec-03-1991
Reported in: [1992]198ITR444(Orissa)
A. Pasayat, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in short' the Tribunal'), has referred the following question under Section 256(1) of the Income-tax Act, 1961 (in short 'the Act'), to this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee's claim regarding payment of interest amounting to Rs. 3,04,442 should be allowed for the assessment year 1978-79?'2. The background facts, shorn of unnecessary details, are as follows :M/s. Indian Metals and Carbide Limited (hereinafter referred to as 'the assessee') is a limited company. For the assessment year 1978-79, a return was filed on August 30, 1978, declaring a loss of Rs. 42,25,150. A revised return was filed on March 23, 1981, declaring a loss of Rs. 45,91,800. In the revised return, a sum of Rs. 3,04,442 was claimed as deduction of interest payable to the holding company, M/s. Indian Metals and Ferro Alloy...
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