Orissa Court September 1991 Judgments
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Prafulla Chandra Deo Vs. Satyanarayan Chandra Deo and anr.
Court: Orissa
Decided on: Sep-16-1991
Reported in: 1992(I)OLR277
L. Rath, J.1. The short but interesting question that arises in this appeal is whether where summons in a suit has not been served on a defendant but he has appeared through counsel in a Misc. Case in the suit and has contested the same but yet does not appear in the suit, it can be decreed ex parte against him. The respondent No. 1 filed a suit for partition in which, the appellant, his brother figured as defendant No. 5. Summons issued against the appellant returned unserved several times. Since summons was also being returned unserved against other defendants, an order was passed by the Subordinate Judge, on 7-1-1983 directing the respondent No. 1 to take out substituted service against the defendant No. 7 by way of publication in some English newspapers circulated daily at Lucknow. On 13-1-1983 the Court noticed that the appellant and the defendant Nos. 1, 2, 3 and 4 had not appeared and that summons against them had not been served and hence allowed time till 22-1-1983 to take ste...
Pandru Khadia Vs. State of Orissa
Court: Orissa
Decided on: Sep-16-1991
Reported in: 1992CriLJ762
D.M. Patnaik, J. 1. This appeal from the jail is by the convict, sentenced to imprisonment for life by the learned Sessions Judge, Sundargarh, for murder of his wife Raimati.2. Prosecution case is, on 30-11-1985 during evening hours, the appellant killed his wife Raimati with a sickle by cutting her throat. After this fact was made known to P.W. 1 who was relaxing in his house with others, by P.W. 4 all of them went to the house of the appellant and found Raimati lying dead inside the room with a cut injury on the neck with profuse bleeding. They went to the Sarpanch of the village. Since darkness had already set in, they could not report the matter at the police station which is far off the village. On the following day on 1-12-1985 they reported the matter at 8.30 a.m. at Dhuruadihi Police Out-Post. The A.S.I. of the Out-Post entered the report in the station diary register which was subsequently registered at the Bhasma Police Station. After completion of the investigation, the appe...
Konark Television Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-16-1991
Reported in: 1992(38)ECC1
G.B. Patnaik, J.1. The Demand-cum-Show Cause Notice issued by the Collector of Central Excise & Customs dated 1.2.1991, annexed as Annexure-2, and the Circular Letter of the Government of India, Central Board of Excise & Customs, dated 21,6.1988, annexed as Annexure-1, are being assailed in this writ application.2. According to the excise authorities, the petitioner-Company has contravened the provisions of Rule 9(1) read with Rules 173-F, 57A, 57F and 173G of the Central Excise Rules, 1944 (hereinafter referred to as the 'Rules'), inasmuch as it has cleared the colour T.V. sets without payment of appropriate central excise duty by misutilising the Modvat credit. According to the authorities, the credit accrued to the petitioner on the inputs of black & white T.V. sets has been misutilised towards payment of duty on colour T.V. which has resulted in short payment of appropriate duty on colour T.V. sets during the period 1.4.1986 to 31.3.1990 to the tune of Rs. 1,13,45,614.31. The petit...
Smt. Kamala Devi Vs. Rajanikanta Patnaik and ors.
Court: Orissa
Decided on: Sep-13-1991
Reported in: AIR1992Ori301
ORDERA. Pasayat, J.1. Petitioner calls in question correctness of order passed by learned Subordinate Judge, Berhampur allowing an application filed by opp. parties 1 and 2 under Section 372 of the Indian Succession Act (in short the 'Act'). The application was filed by present opp. parties 1 and 2, inter alia, on the ground that they are the legal heirs of one Pratap Ch. Patnaik who died on 7-1-1983 leaving behind the applicants and his mother one Santilata Devi, who died subsequent to the death of Pratap. They claimed to be the only surviving successors and legal heirs of deceased Pratap and petitioner Kamala is the widow of one late Narahari Sahu. Taking advantage of similar religious thoughts, Kamala managed to get a fixed deposit of Rs. 10,000/- made in the joint names of Pratap and Kamala by fixed deposit receipt No 2184 N.L.T. with present opp. party No. 3 Bank. Money was paid by Pratap but for the purpose of collectional facilities it was made in the joint names. It was never i...
Shri Lakshmi Narayan Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-06-1991
Reported in: 1992(I)OLR130
D.P. Mohapatra, J.1. The petitioner Shri Lakshm Narayan Pati, an Asst. Teacher in an aided school filed this writ application against the Sate of Orissa, represented by the Secretary, Education and Youth Services, Orissa (opp. party No. 1), the Director, Elementary andAdult Education. Orissa opp party No. 2). the Circle Inspector of Schools. Cuttack ll Circle, Jaipur (opp. party No,3), the District Inspector of Schools. Jajpur I (opp. party No. 4) and the Managing Committee of Ganesh Prasad M. E. School, represented by its Secretary (opp. party No. 5 ) seeking the reliefs, inter alia to direct the opp. parties to approve his ad hoc appointments for the periods 1-11 -1984 and 19-1-1985 and from 1-7-1986 till date and to regularise his service under the provisions of the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act. 1939 (Orissa Act 9 of 1989) (for short, 'the Validation Act') read with the Orissa Aided Educational Institutions (Appointment of Teachers V...
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