Orissa Court March 1991 Judgments
Smt. Kanchan Mohanty Vs. Kulamani Mohanty
Court: Orissa
Decided on: Mar-29-1991
Reported in: AIR1992Ori165
ORDERP.C. Mishra, J.1. This revision is directed against an order dated 13-3-1989 passed by the Subordinate Judge, Athagarh in Misc. Case No. 70/88 arising out of O.S. No. 5 of 1988.2. O. S. No. 5 of 1988 is a matrimonial suit in which the husband prayed for a decree of divorce against his wife. By his judgment dated 19-8-1988 the Subordinate Judge allowed the suit on contest and passed a decree for divorce as prayed for in the suit. The present petitioner later on filed an application praying to review and recall the judgment dated 19-8-1988 passed in the said suit alleging that the decree for divorce has been obtained fraudulently. It was stated in the said application that she was although living with her husband and her thumb impression was taken on a plain paper which was later on manipulated to show that she had given her consent for the decree for divorce. She had also given her statement in court to the effect that she has agreed for a decree of divorce to be passed, but now ex...
Tag this Judgment!Akshaya Kumar Beura Vs. Director, Higher Education and ors.
Court: Orissa
Decided on: Mar-29-1991
Reported in: 1991(II)OLR87
L. Rath, J.1. The petitioner, a lecturer in Ekamra Mahavidyalaya, Bhubaneswar, having been transferred to Jashipur College in the district of Mayurbhanj, has moved this Court assailing the order of transfer. The. facts are that on the passing of the order of transfer on 14-12-1990 the petitioner filed O. J. C. No. 5039 of 1990 for quashing the order mainly on the ground that he was a person not liable to be transferred since he was not borne in the common cadre of lecturers relating to the aided colleges. The case was disposed of on 20-12-1990 permitting the petitioner to file a representation before the appropriate authority within two weeks from the date of order whereafter the representation was to be disposed of within two weeks. The representation in question was made by the petitioner to the opp, party Mo. 1 on 31-12-1990 who communicated his decision refusing the same on 11-1-1991, annexed to the writ petition as Annexure-4, saying that since the petitioner was entitled to full ...
Tag this Judgment!Jayaram Thakra @ Jhagara Vs. Sabitri Thakra and ors.
Court: Orissa
Decided on: Mar-28-1991
Reported in: II(1991)DMC594
S.C. Mohapatra, J.1. These two revisions arise out of a proceeding under Section 125, Cr. P.C.2. Opposite party No. 1 is wife and opposite party Nos. 2 and 3 are minor daughters of petitioner. In the proceeding for maintenance they filed an application for interim maintenance. By order dated 1-10-1986, trial Court directed petitioner to pay interim maintenance at the rate of Rs. 150/-per month where it was directed that on failure to comply with the order, petitioner would not be allowed to contest the case. After one month when order was not complied with by petitioner, opposite parties filed an application to give direction to petitioner to pay the same. Petitioner submitted that with object of challenging the order he has not complied with the same but in spite of application, certified copy has not been supplied till then. Learned Magistrate held that withholding of interim maintenance which is granted to avoid vagrancy and destitution would frustrate the purpose and accordingly, r...
Tag this Judgment!Surendranath Wig Vs. State
Court: Orissa
Decided on: Mar-28-1991
Reported in: 1992CriLJ3045; 1991(I)OLR481
L. Rath, J.1. A difference having arisen as regards the proper interpretation of Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (hereinafter referred to as the Orissa Order') with the Hon'ble Mr. Justice S. C. Mohapatra taking different view than that taken earlier in some other decisions of the Court, this appeal has come before us by reference2. The brief facts' necessary to explain the case are that the appellant is a retailer at Barbil whose shop was checked on 29-5-1983 at about 5. P. M. by the PW 1 the Civil Supplies Supervisor. PW 1 booked the appellant for violation of Clause 3 of the Orissa Order since the declaration board maintained by him did not show the mention regarding 22 quires of writing paper though such stock was available. The stock of paper was seized by PW 1 who prepared a prosecution report and produced the appellant before the Mobile Court, The plea of the appellant was of his having purchased the paper from a whole...
Tag this Judgment!Rabi Behera Vs. State
Court: Orissa
Decided on: Mar-28-1991
Reported in: 1992CriLJ2392
ORDERS.C. Mahapatra, J.1. Accused is petitioner in this revision against his conviction Under Sections 307 and 458, IPC for which he has been sentenced to undergo rigorous imprisonment for six years under Section 307, IPC, and for one year Under Section 458, IPC. In respect of his conviction Under Sections 457 and326, IPC, which is also assailed, no separate sentence has been passed.2. P.W. 1 had taken the first floor of the house of P.W. 8 at Khatbin Sahi of Cuttack Town on rent, where he was residing with his family members. P.W. 5 is his younger brother who was staying with him. On 18/19-8-1983 at about 2 a.m. in the dead of night, P.W. 5 came out to urinate. He found the utensils and other household articles scattered. When he was trying to find out the cause for the same, petitioner who was concealing appeared and stabbed P.W. 5 with the knife he was holding. That night, P.W. 2 eldest sister of P. Ws. 1 and 5 was in the house. Hearing shout of P.W. 5 when she came out, she found t...
Tag this Judgment!Managing Director, Orissa State Warehousing Corporation Vs. Smt. Gitar ...
Court: Orissa
Decided on: Mar-26-1991
Reported in: II(1991)ACC649; 1992ACJ247; (1992)ILLJ619Ori
A. Pasayat, J.1. The judgment of the Commissioner for the Workmen's Compensation and Assistant Labour Commissioner, Jeypore, in W,C. Case No. 7 of 1985 is assailed by the Orissa State Warehousing Corporation (in short 'the Corporation') in this appeal.2. An application under Section 10 of the Workmen's Compensation Act, 1923 (in short 'the Act') was filed by the present respondent No. 1 claiming compensation for the death of her husband Mahendranath Seal. The claimant's case was that Mahendranath was employed by the present respondent No. 2 as a carpenter for execution of certain construction works of the Corporation and during the course of his employment on April 9, 1984 he fell down from the roof and died. He was claimed to be 40 years of age.4. So far as the quantum aspect is concerned, it was asserted that the deceased was getting Rs. 25/- per day. Five issues were framed by the Commissioner who, on evaluation of the evidence, came to hold that the deceased was a workman; was enga...
Tag this Judgment!Smt. Basanti Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-25-1991
Reported in: 1991(I)OLR428
B.L. Hansaria, C.J.1. The petitioner has approached this Court for regularisation of her service under the provisions of the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989, shortly called 'the Act', as amended by the Orissa Act 18 of 1989. The prayer for regularisation having not been conceded by the authorities, this Court has been approached under Articles 226 and 227 of the Constitution,2. The case of the petitioner is that she was appointed as a teacher for 89 days by the Managing Committee of C.S. Colony High School, Sambalpur, in the pay scale of Rs. 400-620/-with usual DA as admissible by the Government. The appointment letter which is dated 1-10-1981, however, stated that the pay scale would be given from the date of sanction and approval by the authority and for the time being she would be offered a consolidated amount of Rs. 200/- per month. It may be stated that the appointment came to be made because of opening of additional sections fo...
Tag this Judgment!Laxmidhar Seth Vs. State of Orissa
Court: Orissa
Decided on: Mar-23-1991
Reported in: 1991(II)OLR295
S.C. Mohapatra, J.1. Frustrated Government servant under suspension waiting to face disciplinary proceeding against him has assailed his conviction and sentence Under Section 44& IPC in this revision.2. Prosecution case is that the petitioner went inside office room of the Subdivisional Veterinary Assistant Surgeon, Deogarh with a stone in hand. He used filthy language against Veterinary Assistant Surgeon, Reamal who was present there. He also threatened to throw stone at the Sub-divisional Veterinary Assistant Surg-eon on written report by the Sub-divisional Veterinary Assistant Surgeon, investigation was made and petitioner was charge-sheeted under Secs. 448/294/506, IPC. Petitioner has been acquitted Under Section 506, IPC by the trial Court and has been acquitted of the charge Under Section 294, IPC by the appellate Court. Question is whether he has committed offence Under Section 448, IPC.3. Both the Courts have held that accused went inside office room of the Subdivisional Veteri...
Tag this Judgment!Sriram Manikyama and anr. Vs. Sriram Appoji
Court: Orissa
Decided on: Mar-23-1991
Reported in: 1992CriLJ1794
ORDERD.M. Patnaik, J.1. This is a revision by the petitioner against the order dated 19-10-1987 of the Additional Sessions Judge, Parlakhemundi, who partly allowed the order of maintenance granted by the Sub-Divisional Judicial Magistrate, Parlakhemundi.2. The case in brief. Petitioner No. 1 is the wife and petitioner No. 2 is the son of the opposite party. Petitioner No. 1 filed a petition under Section 125 of the Code of Criminal Procedure before the Sub-Divisional Judicial Magistrate, Pumlakhemundi, claiming that her marriage with the opposite party took place in or about the year 1974. Sometime thereafter, a son was born out of the wedlock. After the birth of the son, the opposite party and his parents demanded further dowry of gold from the parents of the petitioner to which she refused and, therefore the opposite party and his family members started beating and illtreated her and thus she was forced to leave the matrimonial house.The opposite party in the show-cause denied the al...
Tag this Judgment!B. D. Panda Vs. Commissioner of Income-tax.
Court: Orissa
Decided on: Mar-23-1991
Reported in: [1992]193ITR775(Orissa); [1992]59TAXMAN486(Orissa)
B. L. HANSARIA, C. J. - These are two reference applications under section 256(1) of the Income-tax Act, 1961. The assessment year to which the reference applications relate ended on March 31, 1962. The assessee is an engineer by profession. He obtained his degree in engineering from M. I. T., U. S. A. Thereafter, he engaged himself in professional activities in the United States of America and, while rendering such services, he conceived of a project to start an industry to manufacture ferro alloys including ferro silicon. For this purpose, he got in touch with some firms in Sweden and also with the Governments of India and Orissa. This was for the purpose of getting technical aid and for obtaining licence, land, power, finance, etc. . . The assessee got good response from all quarters. As the preparation for setting up of the project advanced, the assessee realised that it would be better to set up the plant under a company and applied for registering a company in the name of Messrs....
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