Orissa Court November 1992 Judgments
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State of Orissa Vs. Bijoyaranjan Singh Bariha and Eight ors.
Court: Orissa
Decided on: Nov-20-1992
Reported in: 1993CriLJ437; 1993(I)OLR416
A. Pasayat, J.1. A motion was made for withdrawal of a criminal proceeding which was pending before the learned Subdivisional Judicial Magistrate, Padampur in terms of Section 321 of the Code of Criminal Procedure,1973(in short, the 'Code').The learned SDJM accepted the prayer,The informant assailed correctness of the order of the learned SDJM before the learned Sessions Judge, Sambalpur. The prayer for interference was accepted, and the order directing withdrawal of the prosecution and acquittal of the accused persons was set aside. The matter was sent back to the learned SDJM for disposal in accordance with law. The State has assailed correctness of the order of the learned Sessions Judge on the ground that the relevant legal and factual aspects were not kept in view by the learned Sessions Judge.2. it is necessary a recapitulate the background facts in short.One Gountia Kumar Sahu, opp. party No. 9 in this application, lodged a first information report alleging commission of offence...
Nikunja Kishore Naik Vs. Commissioner of Commercial Taxes and anr.
Court: Orissa
Decided on: Nov-19-1992
Reported in: 75(1993)CLT677; 1993(I)OLR178
A. Pasayat, J.1. This is the second journey of the petitioner to this Court. In an earlier writ application bearing OJC No. 2312 of 1992, it was directed that the refund application filed by the petitioner was to be disposed of within three months from the date of receipt of our order. The said order was passed on 27-3-1992. By impugned order dated 20-10-1992 vide Annexure-1, it was intimated to the petitioner that refund application ' was not entertained as the Commissioner of Commercial Taxes, opp. party No. 1 had directed withholding claim of refund Under Section 14-C of the Orissa Sales Tax Act, 1947 (in short, the 'Act'). Notice, Under Section 12-B of the Act have also been issued to the petitioner for the period relating to which refund was claimed. It is the stand of the petitioner that Section 14-D has no application to the facts of the present case and initiation of proceeding Under Section 12-B of the Act is also illegal.2. Learned counsel for the Revenue however, submitted t...
Jay Kay Vs. Regional P.F. Commissioner
Court: Orissa
Decided on: Nov-18-1992
Reported in: 75(1993)CLT505; (1993)IILLJ222Ori
B.L. Hansaria, C.J. 1. The Employees Provident Fund and Miscellaneous Provision Act, 1952 (shortly called hereinafter 'the Act') is a beneficial piece of legislation and the Government functionaries appointed under the Act owe a duty legal, moral, public and social to see that the high hopes with which the Act was enacted are not thrown to the winds because of the inaction of the functionaries who are paid out of public revenue. We have felt constrained to open our judgment with this prefatory note on being told by Shri Mohapatra, learned counsel for the Regional Provident Fund Commissioner, that there are some materials available in the file of the Commissioner to show that apart from what is reflected in Annexure-7A as per which the establishment in question had employed 22 persons including four partners drawing salary, there were two other employees as well, which fact, if taken note of, would make the establishment liable to pay the Provident Fund as the number of employees would ...
Hakimatun Nisa Bibi Vs. Md. FakiruddIn Khan and ors.
Court: Orissa
Decided on: Nov-16-1992
Reported in: 75(1993)CLT457; 1993(I)OLR90
S.C. Mohapatra, J.1. Defendant No. 9, wife of defendant No. 2 is the petitioner in this Civil Revision.2. In a suit for partition of properties of late Abdul Latif Khan among his widow and children except one daughter who had gone away to Pakistan with her husband, plaintiff filed an application for addition of some properties in the schedule of plaint for partition and for addition of petitioner as defendant No. 9 without any amendment to the description in the body of the plaint. Said prayer was allowed on 25-9-1984 on which day it was filed. Without calling upon the plaintiff to file amended plaint as required under Order 6, Rule 18, CPC, amendment was incorporated in the plaint by the office. On the same day, all the parties including the newly added defendant No. 9 filed an application for compromise of the suit. Defendant Nos. 4 to 7 and defendant No. 9 filed a Vakaiatnama with special power in favour of an Advocate. Trial Court passed the following order:'......The compromise pe...
Sulochana Devi Alias Agarwalla Vs. District Magistrate
Court: Orissa
Decided on: Nov-13-1992
Reported in: 1993(I)OLR47
A. Pasayat, J.1. The petitioner calls in question legality of learned Chief Judicial Magistrate, Mayurbhanj, at Baripada's action in issuing a proclamation Under Section 82 of the Code of Criminal Procedure, 1973 (in short,'CrPC) and a writ of attachment of property in respect of one Om Prakash Agarwalla Under Section 83, CrPC by impugned order dated 8-7-1991.2. The background portrayed by the petitioner is as follows :The aforesaid Om Prakash is an opposite party in Misc. Case No. 46 of 1991 in the Court of Chief Judicial Magistrate, Mayurbhanj at Baripada.. An application had been filed Under Section 7 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (in short, the 'Act') read with Sections 82, 83, 84 and 85, CrPC by the District Magistrate, Mayurbhanj. Section 7 of the Act authorises a Judicial Magistrate, first class, to take such action as contemplated Under Sections 82, 83, 84 and 85, where a person is believed to be an absconder...
The State Vs. Bharat Chandra Rout
Court: Orissa
Decided on: Nov-13-1992
Reported in: 1993CriLJ2499
S.C. Mohapatra, J.1. Accused joined State Government Service as Assistant inspector of Supplies in 1959 and was promoted as Inspector of Supplies. While he was posted at Marshaghai in Cuttak district, information, was received that he has possessed pecuniary resources and property which is disproportionate to his known sources of income. Accordingly, he was charge-sheeted after investigation to face trial of the offence under Section 5(1)(e) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act'). Cognizance was taken by the learned Special Judge who found accused to be in possession of pecuniary resources and property beyond his known sources of income. But such disproportion having been found to be less than 8% of the income, accused was acquitted. In this appeal the said acquittal is assailed.2. Mr. Debasis Das, learned Additional Government Advocate submitted that accused being a public servant, possession of pecuniary resources by him or on his behalf of a...
Sri NaraIn Das Gupta and ors. Vs. Sri Shyam Sundar Gupta
Court: Orissa
Decided on: Nov-11-1992
Reported in: 76(1993)CLT327; 1993(I)OLR218
L. Rath, J.1. The members of the second party who are the losers in a Section 145, Cr PC proceeding, are the petitioners. The proceeding was initiated on the basis of police report on 7-11-1991 with orders simultaneously passed Under Section 146(1), Cr PC attaching the land and restraining both the parties from going upon it. An application was filed by the petitioners on 12-11-1991 Under Section 148, Cr PC for a local enquiry. The first party (opposite party, here) filed objection to the application and on 9-12-1991 the learned Magistrate rejected the application. Thereafter the proceeding was continued and witnesses were examined. After examination of the witnesses on behalf of the second party, an application was filed by the petitioners on 11-3 1992 seeking local inspection of the spot by the Magistrate or to direct the receiver to verify the records. In the written statement filed by the petitioners the stand taken was that the disputed premises was a shop room of which they were ...
Subhash Chandra Padhi Vs. State Transport Authority and ors.
Court: Orissa
Decided on: Nov-11-1992
Reported in: II(1994)ACC147
G.B. Patnaik, J.1. The demand raised by the Regional Transport Officer, Chatrapur, Ganjam (opp. party No. 3) to the tune of Rs. 1,12,000.90 paise on the petitioner towards the levy of passenger tax in respect of his vehicle ORG 6707 for the periods 1982-83 and 1983-84 and the consequential issuance of certificate by the Special Certificate Officer (opp. party No. 3) as per Annexure-2/A, are the subject-matter of challenge in this writ application. Against the demand raised by opposite party No. 3 the petitioner had moved by Appellate Authority and being unsuccessful therein has moved the revisional authority and die appellate and revisional orders are also challenged in this writ application.2. The Orissa Legislature thought of augmenting the financial resources of me State for financing the expanding developmental activities and proposed the legislation to levy tax on passengers and accordingly, the Orissa Motor Vehicles (Taxation of Passengers) Bill, 1968 was introduced in the Legisl...
Gunanidhi Maharana and Three ors. and Gobinda Sethi and Das Vs. State
Court: Orissa
Decided on: Nov-09-1992
Reported in: 1993(I)OLR424
A. Pasayat, J.1. Three young boys in their teens lost their lives on the Raja Sankranti Day, i. e.' 16-6-1985 according to the English calendar. Five accused persons faced trial on the allegation of having committed offences punishable Under Sections 302/34 and 201/34 of the Indian Penal Code, 1860 (in short, 'IPC'). Four of them are appellants in Criminal Appeal while another, namely, Gobind Sethi alias Das is the appellant in the jail criminal appeal. Since both the criminal appeal and the jail criminal appeal are directed against the same judgment of the learned Sessions Judge, Puri they are disposed of by this common judgment.After stating facts and submission, it was held :5. We shall deal with three circumstances indicated above. According to the learned Sessions Judge, the deceased boys were last seen with Gobinda Sethi at the upper Maninag hill on the date of occurrence. For this purpose reliance was placed on the evidence of PW 5, who stated to have seen the accused at about 3...
Krishna Chandra Rout Vs. Steel Authority of India Ltd. and ors.
Court: Orissa
Decided on: Nov-06-1992
Reported in: 75(1993)CLT766; (1994)IILLJ933Ori; 1993(I)OLR343
A. Pasayat, J.1. The pivotal point round which this writ application revolves is whether the actual date of birth of the petitioner is July 10, 1924 or August 15, 1929. A dispute of this nature is not to be adjudicated in a writ application. (See Laxman Swain v. Managing Director, Steel Authority of India Limited, Rourkela and Anr.: 60(1985)C.L.T.10.2. However, we find that the petitioner had made a grievance before the authorities under the Industrial Disputes Act, 1947 (in short, the 'Act'). A failure report was submitted by the Assistant Labour Officer-cum-Conciliation Officer, Rourkela. On consideration of the same, the State Government refused to refer the matter for adjudication by the Industrial Tribunal on the ground that the action of the management did not appear to be unjustified. The course adopted by the State Government appears to be untenable in law. As observed by the Apex Court in the case of The M.P. Irrigation Karmachari Sangh v. State of M.P. and Anr. (1985-I-LLJ-51...
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