Orissa Court July 1991 Judgments
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Dhadu Behera Vs. Puri Municipality and anr.
Court: Orissa
Decided on: Jul-10-1991
Reported in: 73(1992)CLT100; 1991(II)OLR241
A. Pasayat, J.1. Judgment of conviction passed by learned Additional Chief Judicial Magistrate, Puri as confirmed by learned Second Additional Sessions Judge, Puri, with modification of sentence is the subject matter of challenge in this revision application.2. Accused petitioner faced trial for alleged violation of the provisions of Section 16 (1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (in short the 'Act'). Prosecution case, in short, is that on 1-11-1981, at about 5. 30 p. m. the Food Inspector attached to Puri Municipality found that the accused had exposed cheese for sale for. human consumption, suspecting the same to be adulterated, 600 grams thereof were purchased on payment of requisite price ; after service of notice, purchased quantity was divided into three equal parts which were put in separate clean dry bottles and sixteen drops of formalin in each of the bottles were added as a preservative ; one bottle was sent to the Public Analyst f...
Prafulla Kumar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jul-10-1991
Reported in: 1991(II)OLR260
A. Pasayat, J.1. Petitioner faced trial for an offence Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'the Act') read with Section 7 (i) and (v) thereof for having exhibited for sale of adulterated Turmeric powder and Til oil for human consumption.2. The undisputed position is that on 16-8-1986 samples were collected by the Sanitary Inspector (Food) attached to Chief District Medical Officer, Phulbani in respect of Til oil, Mustard oil, Pea powder and Turmeric powder on suspicion that they were adulterated and unfit for human consumption. The samples collected were sent to the Public Analyst Orissa, who opined that the Turmeric powder and Til oil samples collected indicated adulteration. A copy of the Public Analyst's report was supplied to the petitioner.3. On evaluation of the evidence and on consideration of the documents, the learned Judicial Magistrate, First Class, G, Udayagiri found the petitioner guilty and sentenced him to undergo rigorous...
Sudhakar Sarangi Vs. State
Court: Orissa
Decided on: Jul-10-1991
Reported in: 1992CriLJ1866; 1991(II)OLR272
A. Pasayat, J.1. Petitioner assails his conviction and sentence under Secs. 354/448 of the Indian Penal Code, 1860 (in short, I. P. C. ').2. On the allegation that in the evening of 15-3-1982, the accused-petitioner trespassed into the house of the husband of the informant and outraged the latter's modesty, the petitioner faced trial. The learned Judicial Magistrate, first class, Baripada, convicted him under Secs. 354/448, IPC and sentenced him to undergo rigorous imprisonment for 6 months and 3 months respectively for outraging the modesty of the informant and for committing house trespass, and the sentences were directed to run concurrently.3. Prosecution case is that on the pretext of finding out whether the husband of the informant (Minaketan) was present at home on the date of occurrence, the accused went to his house and when asked the informant came out of the house. The accused enquired about Minaketan's presence from her to which she answered in the negative, Instead of going...
Sailabala Satpathy Vs. Parbati Satpathy and ors.
Court: Orissa
Decided on: Jul-10-1991
Reported in: 2008(I)OLR729
A.K. Padhi, J.1. This appeal arises out of an application under Section 276 of (The Indian) Succession Act, 1925 (hereinafter referred to as 'The Act'). The plaintiff is the appellant who propounder of a will executed by her father Sudarsan Satpathy. Sudarsan Satpathy died on 2.11.1979 leaving behind his widow, plaintiff, a daughter and three grand children of two pre-deceased daughters. It is averred in the plaint that on 10.10.1977 about 2 years before his death, Sudarsan had executed a will duly attested in favour of the applicant, who happened to be his youngest daughter and the only surviving child. He had also got it registered in the office of the District Sub-Registrar, Dhenkanal on the same day. After the death of Sudarsan, appellant filed an application under Section 276 of the Act for probate of the will, left by her father which was registered as Original Suit No. 1/81. In the said suit, widow of late Sudarsan was impleaded as defendant No. 1, the children of pre-deceased d...
Tanima Mishra Vs. Pradeep Kumar Patnaik
Court: Orissa
Decided on: Jul-08-1991
Reported in: AIR1992Ori178; II(1991)DMC424
ORDERA. Pasayat, J.1. Petitioner assails correctness of an order passed by the learned District Judge, Cuttack, directing her and opposite party to appear in person to explore possibilities of a settlement in terms of Rule 3 of Order 32-A of the Code of Civil Procedure, 1908 (in short' the Code).2. Background facts are that a suit has been filed by the petitioner for a declaration that her marriage with opposite party was a nullity and/or void, and was at the relevant time, pending adjudication before the learned District Judge, Cuttack. According to the petitioner, marriage solemnized on 2-2-1988 was a nullity or void ab initio since the opposite party had not completed 21 years of age on the said date. By order dated 7-4-1990, Court had directed personal appearance of parties concerned on 25-4-1990 for hearing in terms of Order 10 of the Code, Such direction was given on the basis of a prayer made by the petitioner. On the date fixed, the learned counsel for petitioner prayed that pe...
Basanta Kumar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jul-08-1991
Reported in: (1992)IILLJ190Ori
A. Pasayat, J.1. A short but interesting question whether prosecution of petitioner under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Act') is justified arises in this revision application.2. Background facts, shorn of unnecessary details, are as follows:Petitioner is the Director in charge of Security and Detective Services (India) Limited. The said concern is hereinafter referred to as the 'contractor'. According to the prosecution, contractor and consequentially petitioner was liable for prosecution in terms of Section 24 of the Act. Prosecution report was submitted by the Assistant Labour Officer and Inspector under the Act alleging that the petitioner entered into an agreement with Talcher Thermal Power Station Expansion Main Building Division, Talcher (described herinafter as 'principal employer') for engagement of security guards; these guards were contract labour and therefore, contractor was required to take licence under the Contract ...
Md. Dawood Shariff Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-08-1991
Reported in: 1991(II)OLR221
B.L. Hansaria, C.J.1. This petition assails the appointment of Justice S.K. Ray (O.P. 2) as Lokpal, Orissa on the ground that the same was illegal as well as mala fide.2. the short facts which, need be noted are that before Justice Ray had been appointed as Lokpal, Justice B. K. Patra was so working till his demise in the year 1986. Justice Ray after holding the post of Chief Justice of this Court had retired on superannuation in the year 1980. After the demise of Justice Patra, the post of Lokpal remained vacant till the same was filled up by the appointment of Justice Rayjon 5-8-1989 which post he joined on 17-8-1989.3. To appreciate the challenge on the ground of illegality, we may note the eligibility condition as mentioned in Section 3 (2)(a) of the Orissa Lokpal and Lokayuktas Act, 1970 (for short 'the Act). It reads as below :'3(2) A person shall not be qualified for appointment as__(a) Lokpal unless he is or has been a Judge of the Supreme Court orof a High Court...'As Justice ...
Giri @ Kailash Chandra Sahu Vs. the State of Orissa
Court: Orissa
Decided on: Jul-08-1991
Reported in: 1991(II)OLR245
A. Pasayat, J.1. Petition faced trial for allegedly attempting to commit rape on girl aged about 6-7 years. Learned C.J.M.-cum-Asst. Sessions judge, Sambalpur, found. the petitioner guilty for having committed an offence punishable under Secs. 345 IPC and not Under Section 376/511 of the Indian Penal code 1860 (in short 'IPC')2. In appeal, learned Additional Sessions judge, Sambalpur, held that the evidence made out a case under Sec, 354, IPC and not Under Section 376/511, IPC. He therefore, modified the sentence of five years rigorous imprisonment as awarded to that of two years rigorous imprisonment.3. Learned counsel for the petitioner submits that the learned Addl. Sessions judge has made cut a new case which was not on record and therefore, the conviction and sentence cannot be sustained.4. Since the factual aspect as unfolded by the prosecution is somewhat gruesome, I have not referred to them because disposal of this case can be made with reference to legal aspects untrammelled ...
Netrananda Dehuri Vs. Bhagirathi Dehuri and anr.
Court: Orissa
Decided on: Jul-08-1991
Reported in: 1991(II)OLR323
A. Pasayat, J.1. Petitioner assails correctness of order passed by the learned Subordinate judge, Udala accepting prayer for substitution made by opposite party No. 2 in place of original' plaintiff Bhagirathi Dehuri in a suit for partition.2. Factual antecedents are as follows :Bhagirathi filed a suit for partition wherein the present petitioner was sole-defendant. During pendency of the suit, Bhagirathi died on 25-8- 1989 and opposite party No. 2 claiming to be his widow filed a petition for substitution in his place under Order 22. Rule 3 of the Code of Civil Procedure, 1908 (in short 'the Code'). This motion was objected to by petitioner inter alia on the ground that Bhagirathi was never married and the applicant was not his widow. Both parties accepted that Bhagirath died issueless and therefore, the only question that remained to be determined was whether applicant was Bbagirathi's widow. Since there was controversy as to whether the applicant was legal representative of deceased...
Mahavir Choudhury and After Him Santi Choudhury and ors. Vs. Commercia ...
Court: Orissa
Decided on: Jul-08-1991
Reported in: 1992(I)OLR14
L. Rath, J.1. The facts leading to this case lie in a short compass. The original petitioner having died during the pendency of this case his legal representatives have been substituted. The petitioner was assessed to sales tax for the period from June, 1953 to March, 1962, but on account of non-payment of the tax, a certificate proceeding was initiated against him at the instance of the Sales Tax Officer as the requisitioning officer. The petitioner having been issued notice in respect of the proceeding, filed objection denying his liability and inter alia took the plea of the demand being barred by limitation. On 7-7-1972 the Certificate Officer held the cues from June, 1953 to June, 1960 to be barred by limitation and the certificate holder was directed to specify the arrear dues from June, T960 to March, 1962. In appeal filed by the State against the order passed by the Certificate Officer, the appellate authority remanded the matter to determine the question of limitation with ref...
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