Orissa Court June 1991 Judgments
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Smt. Sulochana Dei @ SwaIn and anr. Vs. Indramani Swain
Court: Orissa
Decided on: Jun-24-1991
Reported in: 1991(II)OLR456
A. Pasayat, J.1. Both these revision applications have a common genesis and therefore, this judgment will govern them. By a common order, two applications were disposed of by the learned Additional Munsif, Kendrapara necessitating filing of two revision applications.2. Factual matrix as described by petitioners is as follows :The petitioners as plaintiffs filed a suit (T.S. No. 39 of 1985) in the Court of the learned Munsif, Kendrapara for declaration of title, confirmation of possession, eviction of defendant-opp. party from a thatched house standing on the suit land, delivery of possession and permanent injunction. Petitioner No. 1 Sulochana is daughter, and petitioner No. 2 is adopted son of one Brahmananda to whom land in question originally belonged. Brahmananda transferred the same to his wife Sundari in 194 land since then his wife was in possession of the same. After death of both Sundari and Brahmananda, plaintiffs were in possession of suit land. Defendant who was permitted t...
Gayadhar Ojha @ Ojhar Vs. State of Orissa
Court: Orissa
Decided on: Jun-24-1991
Reported in: 73(1992)CLT52; 1991CriLJ2642; 1991(II)OLR307
D.M. Patnaik, J.1. The petitioner hiving been convicted and sentenced to undergo rigorous imprisonment for three months Under Section 46 of the Orissa Forest Act, 1972 by the Subdivisional Judicial Magistrate, Anandapur and the same having been confirmed by the Sessions Judge, Keonjhar in appeal is in revision before this Court.2. Prosecution case is, on 15-9-1984 at about 9 a. m. on the basis of a search warrant, the Forest Range Officer, Anandapur, along with the vigilance squad of the Forest Department carried on a raid in the premises of the petitioner and recovered and seized forest timbers (including logs and sized logs) numbering 666 pieces of different varieties such as Sal, Pia-sal etc. The petitioner failed to produce any authority for such possession So prosecution report was submitted against him for violation of Secs. 27, 37 read with Section 46 of the Orissa Forest Act, 1972 (hereinafter referred to as the 'Act') and for violation of Rules 4 and 16 of the Orissa Timber an...
Vibgyer Structural Construction Pvt. Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Jun-21-1991
Reported in: AIR1991Ori323
S.C. Mohapatra, J.1. This is an appeal by the claimant under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act').2. On basis of tender on 15-9-1978, claimant was selected as the contractor for construction of spillway of right head regulator of Talsara Irrigation Project. Agreement between parties was executed on 24-1-1979. In the meantime scheduled rates had been changed by State Government with effect from 1-1-1979. After executing a portion of the work, although stipulated date of completion of work was 23-7-1980, claimant abandoned the work on 31-3-1980, three months before. Claimant prayed for closure of the agreement. Waiting for three years, claimant made a reference in the year 1983 to Arbitration Tribunal under Section 41A of the Act as amended in Orissa. Before the Tribunal, claimant sought for award in respect of extra work done, escalation of rate and refund of security. Tribunal did not find any merit in respect of the first two items of claim an...
Smt. Hemanta Kumari Patnaik and ors. Vs. Suryanarayan Acharya and ors.
Court: Orissa
Decided on: Jun-19-1991
Reported in: AIR1992Ori1
ORDERD.P. Mohapatra, J. 1. The short question that arises for determination in this case is whether the document marked Ext. 1 in the suit is required to be stamped. The objection raised by the petitioners who are defendants in the suit against admissibility of the said document onthe ground that it was not stamped having been overruled by the learned trial Judge they filed this revision petition assailing the order. 2. The opp. parties filed Title Suit No. 73 of 1975 against the petitioners praying to declare their right of passage over the suit land. In course of trial of the suit the plain-tiffs-opp. parties produced the document in question which, as urged by the learned counsel for the petitioners, is a deed of settlement and wanted it to be marked as an exhibit. The petitioners objected to admission of the document on the ground that it was unstamped and unregistered and therefore could not be admitted in evidence. The learned Munsif overruled the objection by order dated 19-4-91...
Ghasi Ram Padhi and Co. Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Jun-19-1991
Reported in: [1991]192ITR334(Orissa)
B.L. Hansaria, C.J.1. This reference under Section 256(1) of the Income-tax Act, 1961, (for short, 'the Act'), relates to the assessment year 1978-79. The assessee was carrying on business as a contractor. It entered into a contract with Hira Cement for supplying limestone. The contract expired on March 15, 1978, and the learned Tribunal has found that the assessee's business was totally stopped on that day. The assessee was, however, made to pay a sum of Rs. 73,390 on account of payment of gratuity and compensation to the workers. It claimed deduction of this amount under Section 37(1) of the Act, The Income-tax Officer disallowed the claim in its entirety. On an appeal being preferred, a different view was taken by the Appellate Assistant Commissioner of Income-tax. But the learned Appellate Tribunal, on further appeal, disallowed deduction of the aforesaid expenses in determining the net income. On the prayer of the assessee, the following question has been referred to this court :'...
Anupama Pradhan Vs. Sultan Pradhan
Court: Orissa
Decided on: Jun-19-1991
Reported in: 1991CriLJ3216; II(1991)DMC618
B.N. Dash, J.1. This revision by the wife is directed against the order of the learned Judicial Magistrate First Class, G. Udayagiri, refusing to grant maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').2. Admittedly, the parties belong to Scheduled Tribe being of 'Kandha' community and whereas the parents' house of the petitioner is at Kanabagedi, a village in the district of Phulbani, the residence of the O.P. is in village Kumbarkupa in the same district. There is also no controversy that since 10th August, 1972 the parties remained as wife and husband for a period of about 12 years and during that period the petitioner gave birth to two sons and one daughter through the O.P. It is the case of the petitioner that she is the legally married wife of the O.P. and that after the birth of the last issue i.e., the daughter, the O. P. physically assaulted her and ultimately drove her out of his house on 6-1-1984. An amicable settle...
Smt. Minakhee Sahoo Vs. Manager, Reserve Bank of India and anr.
Court: Orissa
Decided on: Jun-19-1991
Reported in: 1991(II)OLR119
B.L. Hansaria, C.J.1. The petitioner applied for the post of Typist under the Reserve Bank of India on 25-6-1980. In the application form, as at Annexure-B, a statement was made that she had obtained 385 marks in aggregate in the Intermediate Examination. According to the Bank, along, with the application form, the petitioner had submitted a copy of the. mark-sheet obtained from the office of the Principal, Rama. Devi Women's College, Bhubaneswar. It showed that in English, she had secured 115 marks out of a total of 200-. It may be stated that one of the eligibility conditions for the Post of Typist was that the candidate must have obtained 45% of marks in English. Relying on the statement made by the petitioner, she was given appointment in the year 1981 m the past of Typist in which- post she was confirmed in 1983. Subsequently, the Bank, entertained a doubt about the authenticity of the claim of the petitioner that she had obtained 115 marks in English and she was called upon to su...
Ramsis Prasad Vs. State
Court: Orissa
Decided on: Jun-19-1991
Reported in: 1991(II)OLR169
B.N. Dash, J.1. The conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter to be referred to as 'the Act') and imposition of sentence on him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of one month which are affirmed in appeal have been assailed in this revision,2. Prosecution case, in short is that on 24-11-1981 at about 12.15 p. m. while the Sub-Inspector of Excise, Boudh (PW 3) was patrolling at Banisahi near Mahanadi river ghat of Boudh town, he found the petitioner carrying a cartoon. On suspicion he detained the petitioner and on opening the cartoon he found the same to have contained 18 sealed bottles of Diplomat whisky (MOs I to XVIII) and another 18 sealed bottles of Black-knight malt whisky (M. Os. XIX to XXXVI) Since the petitioner had no permit or licence for possession of such contraband articles, PW 3 seized them under the s...
indramani Jena Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1991
Reported in: 1992CriLJ72
ORDERB.N. Dash, J.1. The conviction of the petitioner Under Sections 279 and 304-A, I.P.C. and the sentence imposed on him to undergo rigorous imprisonment for two months Under Section 279 and six months Under Section 304-A, IPC, which are affirmed in appeal, have been assailed in this revision.2. The prosecution case, shortly stated, is that on 6-6-1980 at about 6 p.m. while the deceased aged 70 years was returning to his house on foot carrying in a hand-bag some fish, oil etc., which he purchased in bazar, and was moving on his left side of the Grand Road of Puri town, the petitioner driving a bullock cart from his behind rashly and negligently dashed the cart from his back side. As a result of such dashing, the deceased fell down on the ground and thereafter, the left wheel of the bullock cart ran over his chest and he became unconscious. Thereafter, passers-by took him to the Headquarters Hospital, Puri but he succumbed to the injuries sustained by him. On receipt of a written repo...
Anirudha Pati Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-1991
Reported in: 1992CriLJ122
ORDERB.N. Dash, J.1. The conviction of the petitioner under Section 379, I.P.C. and sentence of rigorous imprisonment of three years imposed on him by the trial Court which are all upheld in appeal have been assailed in this revision.2. The facts are simple in nature. The prosecution case is that on 23-2-1981 at twilight time while the victim lady Jyotsnamani Panda (P.W. 8) and her daughter Usharani Panda (P.W. 2) were easing on a river bank, the petitioner stealthily came from behind and snatched away the golden chain from the neck of P. W. 3 causing some bruises in that region. P.W. 8 caught hold of the napkin of the petitioner but the latter snatched away the same and took to his heels towards Barudisahi of their village. At that time P.W. 8 shouted to return the necklace naming the petitioner and on hearing such shout one Bukhishyam Panda (P.W. 3) who was also easing nearby focussed torch light and with the flash thereof he could recognise that a person like the petitioner was runn...
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