Orissa Court November 1992 Judgments
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Badrinath Naik Vs. State
Court: Orissa
Decided on: Nov-06-1992
Reported in: 1993(I)OLR88
S.C. Mohapatra, J.1. Setting aside the conviction and sentence and remitting back the case for fresh trial by the appellate Court is grievance of the accused in this revision.2. Accused was ,the Secretary of Gurunthi Service Co-operative Societies. He was charged to face trial for having committed breach of trust of several amounts in the year 1981-82. Total amount of mis-appropriation was alleged to be Rs. 68,257.07 paise .Accused denied the charge and, pleaded not to be guilty. On trial he was convicted Under Section 409, IPC, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- in default to undergo simple imprisonment for six months. In appeal by the accused, it has been held that provision of Section 219 read with Section 212 of the Code of Criminal Procedure has not been complied with. Appellate Court has, therefore directed a fresh trial as provided Under Section 464, Cr PC.3. Under Section 464, Cr PC the Court of appeal being of opini...
Jagabandhu Behera Vs. Dinabandhu Kabi and ors.
Court: Orissa
Decided on: Nov-06-1992
Reported in: 1993CriLJ2512
ORDERK.C. Jagadeb Roy, J.1. The informant in C.R. Case No. 254 of 1988 is the petitioner in this criminal revision. On the FIR having been lodged by him stating that at 9 p.m. on 12-3-88 the accused persons had set fire to his shop situated on the National High Way near village Asura which resulted in burning of the shop, a police case was registered on the FIR. The case was forwarded to the court and was registered as G.R. case No. 254 of 1988. On commitment it was tried by the Addl. Sessions Judge, Bhadrak in S.T. No. 10/5 of 1989. The motive as indicated by the informant is that the accused persons, out of a village quarrel were inimical towards him and ultimately caused the shop to be burnt by setting fire to it. The accused persons were tried after being charge sheeted under Section 436, IPC.2. The prosecution had examined 7 witnesses out of which P.W. 1 is the informant himself, P.W. 2 is a person of a nearby village who was a post-occurrence witness and had seen the shop room bu...
Janamohan Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-05-1992
Reported in: AIR1993Ori157
Hansaria, C.J.1. 7th May, 1992. Cuttack was calm when the day dawned. Who had known that a 'disaster of unprecedented proportions' was going to strike and disturb placid waters of the Mahanadi and Katha-jodi? But it took place. A man-made tragedy took a great toll 124 deaths, according to the State), and it was our well known hooch tragedy. Not that the people of this State have not know a about such tragedies taking place in the past, but then, it was the great dimension of the tragedy which stunned the people, so much so that they almost lost faith in all instrumentalities of the State. People started thinking whether they had been left to the wolves to be killed. The question with which we are seized is about the responsibility of the State to find out why spurious liquor took the toll of 124 lives, and what steps are required to be taken to stop recurrence of such a heinous crime, at the root of which lies the naked greed for money and nothing else. Ours is a 'socialist democratic ...
A. Venkata Rao Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Nov-04-1992
Reported in: [1993]203ITR64(Orissa)
1. Heard Mr. S.N. Ratho, learned counsel for the petitioner, and Mr. A.K. Ray, learned counsel for the Revenue.2. At the instance of Mr. A. Venkata Rao (hereinafter referred to as 'the assessee'), the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as 'the Tribunal'), has referred the following two questions for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (in short, 'the Act') :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the validity of reopening of the assessment ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that minor's share income from the partnership is includible under Section 64(1)(iii) of the Act ?'3. A brief reference to the factual aspect is necessary in view of the order we propose to pass.4. A partnership firm styled as Messrs. Andavarapu Venkata Rao and Sons consisting of several partners was co...
National Insurance Co. Ltd. Vs. Narendra Samal and anr.
Court: Orissa
Decided on: Nov-02-1992
Reported in: 1993ACJ1095; (1999)IIILLJ363Ori
D.P. Mohapatra, J. 1. National Insurance Co. Ltd., represented through its Senior Divisional Manager, Cuttack, filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') challenging the order passed by the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Cuttack Division, in W.C. Case No. 43-D of 1987, directing it to pay Rs. 96,211.50 to the respondent No. 1 towards compensation. The respondent No. 2 is the owner of the ill-fated vehicle, truck No. OSU 543. The aforementioned case was registered on the application filed by the respondent No. 1 claiming a sum of Rs. 1,25,000/- as compensation from the appellant and the respondent No. 2. The case of the applicant, shortly stated, was that on March 24, 1987 while he was going in the truck No. OSU 543 as a helper from Ramgarh to Baripada, the truck dashed against a roadside tree and overturned and the left leg of the applicant was crushed resulting in compound f...
Ajaya Mahakud Vs. State
Court: Orissa
Decided on: Nov-02-1992
Reported in: 75(1993)CLT439; 1993CriLJ1201; 1993(I)OLR97
A. Pasayat, J.1. In this appeal from District Jail, Sundargarh, Ajaya Mahakud (hereinafter referred to as the 'accused') calls in question legality of his conviction Under Section 302 of the Indian Penal Code, 1860 (in short,'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Sundargarh.2. Accusation of the gruesome and cruel act which led to the trial of the accused is as follows :On the night of 29-10-1987, the accused pushed a young child of about 4 years into fire which resulted in his death. The deceased was the son of one Biswanath Behera who had developed some intimacy with the accused, during his stay in village Kasla for about a month, where he had gone for preparing tiles. After Biswanath returned from Kasla, the accused came and stayed in his house, as he expressed that he was not feeling well. On 28-10-1987 his nephew Suren, and one NilaKantha Naik came from village Kasla in search of the accused. They all took food in the night of occurre...
State of Orissa Vs. Malaya Kumar Mund and ors.
Court: Orissa
Decided on: Nov-02-1992
Reported in: 75(1993)CLT494; 1993(I)OLR173
L. Rath, J.1. This application has been filed by the State Under Section 439(2) of the Code of Criminal Procedure seeking cancellation of bail of the petitioners who are facing trial in G.R. Case No. 393 of 1990 in the Court of the S.D.J.M., Bhawanipatna for offences Under Sections 147, 148, 307 and 149, IPC. The indictment which the opposite parties are facing is that on 3-12-1990 when the Chief Minister of the State was visiting Bhawanipatna the opposite parties and some others numbering about 15 to 20 belonging to Yuba Congress shouted slogans against him, showed black flags and coming to his car pelted stones at him causing injury to his nose. The miscreants ran away on being chased by police but two of them, namely, Basanta Kumar Panda and Pradeep Behera, were caught hold of by the police. Subsequently the opposite parties were arrested and forwarded to the Court. Their application for bail having been rejected by the S.D.J.M,, they moved the Sessions Judge who by his order dated ...
National Insurance Company Ltd. Vs. Narendra Samal and anr.
Court: Orissa
Decided on: Nov-02-1992
Reported in: 1(1994)ACC703
D.P. Mohapatra, J.1. National Insurance Co. Ltd., represented through its Senior Divisional Manager, Cuttack, filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') challenging the order passed by the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Cuttack Division, in W.C. Case No. 43-D of 1987, directing it to pay Rs. 96,211.50 to the respondent No. 1 towards compensation. The respondent No. 2 is the owner of the ill-fated vehicle, truck No. OSU 543.The aforementioned case was registered on the application filed by the respondent No. 1 claiming a sum of Rs. 1,25,000/- as compensation from the appellant and the respondent No. 2. The case of the applicant, shortly stated, was that on 24.3.1987 while he was going in the truck No. OSU 543 as a helper from Ramgarh to Baripada, the truck dashed against a roadside tree and overturned and the left leg of the applicant was crushed resulting in compound fracture...
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