Orissa Court March 1992 Judgments
Binder Munda Vs. State
Court: Orissa
Decided on: Mar-31-1992
Reported in: 1992CriLJ3508; 1992(II)OLR63
J.M. Mahapatra, J.1. The appeal is directed against the judgment and order of the learned Sessions Judge, Sundargarh convicting the appellant Under Section 302 IPC and sentencing him to imprisonment for life.2. The deceased is the son of the appellant through his first wife, on whose death the appellant married a second wife through whom two sons and one daughter were born and they are living in the same compound. It is alleged that there was some dissension between the appellant and the deceased, as the appellant did not pay the Pana money to the father of the wife of the deceased, promised to be given at the time of the marriage, which system was customary in the community to which the parties belonged. The occurrence took place in the night of 2-4 1987 inside the residential compound of the parties. It is alleged that the appellat assaulted the deceased by means of a Falsia causing severe injury on Ids neck resulting in his death. Information was lodged by PW 1, the younger brother ...
Tag this Judgment!Bansidhar Nandi Vs. State
Court: Orissa
Decided on: Mar-31-1992
Reported in: 1992CriLJ3927
J.M. Mohapatra, J.1. The appeal is directed against the judgment and order dated 15-10-1988 of the learned First Additional Sessions Judge, Cuttack convicting the appellant under Section 302, I.P.C. and sentencing him to undergo R.I. for life.2. The deceased was the wife of the appellant, and they were living in one house at the material time and were weavers of Pata cloth belonged to village Nuapatna, P.S. Tigiria, in the district of Cuttack. The occurrence took place in the night of 15/16-8-1987. It is alleged that the appellant during the day time of 15-8-1987 brought some meat and gave it to the deceased for preparing curry. But there being no spices, rice or oil, she refused to prepare meat curry, which enraged the appellant. The appellant then went out of the house and returned at about mid-day and when he wanted to have his meal, the deceased told him that meal could not be ready as there was no rice. At this the appellant became furious and threw away the meat he had purchased....
Tag this Judgment!Tata Iron and Steel Co. Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Mar-30-1992
Reported in: 74(1992)CLT553; 1992(39)ECC72; 1995(75)ELT501(Ori)
G.B. Patnaik, J.1. Issuance of summons to petitioners 2 to 5 requiring them to produce the documents mentioned in the Schedule annexed to the summons in exercise of powers under Section 108 of the Customs Act, 1962, by the Superintendents (Customs), Central Excise & Customs, Bhubaneswar, annexed as Annexures -12 to 15, is under challenge in this writ application, inter alia, on the ground that the Superintendent (Customs) (opp. party No. 4) had no jurisdiction to issue summons as the conditions precedent for exercise of power under Section 108 are not satisfied.2. The brief facts are that petitioner No. 1 is a public limited company and petitioners 2 to 5 are its officers. An agreement was entered into between the petitioner-Company and one Siderugia National E.P.(S.N.) Portugal, for purchase of equipment subject to permission from the respective Governments. Petitioners approached the Government of India in the Department of Industrial Development for necessary approval in respect of ...
Tag this Judgment!Raghunath Pradhan and ors. Vs. State of Orissa, Represented by the Sec ...
Court: Orissa
Decided on: Mar-27-1992
Reported in: 1992(II)OLR317
A. Pasayat, J.1. These writ applications are of the 'annual check, up category' filed by candidates who appear at the Annual Entrance Examination for selection of candidates for admission to the MBBS/BDS courses. Present applications pertain to 1991-92 session. Such applications have become almost a ritualistic feature, and candi- dates question correctness of the questions set and/or answers indicated to be correct answers and seek this Court's 'check up'. For the examination in question, the question paper contained 150 multiple choice objective questions. Four alternative answers were indicated against each question. According to the examining body only one of them is the correct answer. The body selects the correct answer or most appropriately correct answer which is normally called the 'key answer'. A candidate is required to cross the alphabet box which stood for the answer, which according to him, was the correct or most appvopriately correct answer.2. According to the' petition...
Tag this Judgment!Jayashree Chemicals Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-26-1992
Reported in: AIR1992Ori149
G.B. Patnaik, J. 1. The petitioner No. 1 is a public limited company and petitioner No. 2 is one of the shareholders of the company. They assail the demand of electricity duty on 'delayed payment surcharge' as well as levy and collection of the said duty on 'imported power' generated outside the State of Orissa under the Orissa Electricity (Duty) Act, 1961, and have prayed for refund of the duty paid.2. The petitioners assert that the company is engaged in the business of manufacture and sale of caustic soda, chlorine, hydrochloric acid, sodium hydrosulphite, sulphuric acid and sulphur dioxide and has its manufacturing unit at village Ganjam in the district of Ganjam in Orissa. Necessary licence has been issued to the petitioner-company under the Industries (Development & Regulation) Act, 1951, and it has a licensed capacity of production of 16,764 metric tonnes of caustic soda, 13,411 metric tonnes of chlorine, 15,000 metric tonnes of hydrochloric acid, 3,000 metric tonnes of sodium h...
Tag this Judgment!Smt. Saramani SwaIn Vs. Sachidananda Swain
Court: Orissa
Decided on: Mar-26-1992
Reported in: 1992(I)OLR597
S.C. Mohapatra, J. 1. This is an appeal against the order of temporary injunction passed against the appellant.2. On 16-1-1990, plaintiff prayed for ad interim ex parte temporary injunction against the defendant No. 1 granting ex parte ad interim order that day, trial Court directed to issue notice fixing 18-1-1990 of hearing the injunction matter. On 18-1-1990 service was held to be sufficient against the appellant and as she did not appear, temporary injunction was passed ex parte on 18-1-1990 which is impugned in this appeal.3. Once ex parte temporary injunction was passed on 16-1-1990, adequate opportunity should have been given to respondent No. 1 who is a lady. This fact has not been taken into consideration by the trial Court. There was no necessity for hasty decision to pass the order of temporary injunction when there was already an order of ex parte ad interim injunction and there was sufficient time left for final hearing.4. Accordingly, I set aside the impugned order and di...
Tag this Judgment!National Insurance Co. Ltd. Vs. Prafulla Kumar Prusty and anr.
Court: Orissa
Decided on: Mar-25-1992
Reported in: 1993ACJ1225
S.C. Mohapatra, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act by the insurer. 2. On 24.9.1978 at about 9 a.m., claimant was going on his cycle. Near Bachelors' Barrack of the Unit-8 in the new Capital, Bhubaneswar, one Matador bus bearing registration No. ORP 5573 dashed against the claimant. After the impact, the vehicle dashed against right side culvert at that place and damaged the same. Cycle of the claimant was damaged and he was seriously injured with fracture on his right leg. Accordingly, claimant filed an application for compensation of Rs. 39,500/-.3. Both owner and insurer contested the claim. Owner stated that on 11.9.1978, the vehicle was kept in the garage of one Natabar Pradhan for repair to whom the key of the vehicle was handed over. On the date of accident, vehicle was taken out of the garage by Lachhman and a helper of the garage, who had taken the key of the vehicle without the permission of the owner of the garage or of the owner of the vehic...
Tag this Judgment!Guru Charan Samal and anr. Vs. Smt. Vijaylaxmi Devi and anr.
Court: Orissa
Decided on: Mar-25-1992
Reported in: II(1992)ACC738
S.C. Mohapatra, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act read with Section 173 of M.V. Act, 1988.2. Claimants who are parents filed an application claiming compensation for death of their only son alleging the same to be in a motor vehicle accident. Claim petition was filed beyond the period of limitation with a petition for condonation of delay. In the petition for condonation of dealy it was stated that on account of resulted shock for death of their only son, claimants lost their balance of mind and could not take any steps. Tribunal has held that the period of delay has not been explained.3. Condonation of delay is a benevolent provision where there is sufficient cause. When the claimants have asserted that on account of death of the only son, they lost their balance of mind, I am satisfied that in the facts and circumstances of this case delay has been explained and there is sufficient cause. Tribunal ought to have condoned the delay. Accordingly, I co...
Tag this Judgment!Priyambada Debi Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-24-1992
Reported in: AIR1993Ori99; 74(1992)CLT342
Hansaria, C.J.1. The petitioner is an ex M.L.A. of the State. She took oath as a member of the Orissa Legislative Assembly on 28th May, 1946 and continued as such till 20th February, 1952 on which date the Assembly was dissolved. Thus, she had been a member of the Assembly for five years eight months twenty-two days. She, therefore, claims pension under the provisions of the Orissa Legislative Assembly Members' Salary, Allowances and Pension, Act, 1954(shortly stated 'the Act') which was amended in 1977 by inserting Section 4-B in the Act making a provision for pension 'to every person who has held office for a period of five years, whether continuous or not as a member of the Assembly.' The petitioner having been an M.L.A. for more than five years would have been otherwise eligible to get the pension under the aforesaid provision, but for the fact that under Explanation (ii)(a) to the aforesaid section, the period preceding the 26th day of January, 1950, is not to be taken into accoun...
Tag this Judgment!Maheswar Rana and ors. Vs. Kanchan Bhoi (Deceased by Lrs) and ors.
Court: Orissa
Decided on: Mar-24-1992
Reported in: AIR1992Ori271
D.M. Patnaik, J.1. The first appealand the writ application were heard togetherand are being disposed of by this commonjudgment. 2. Defendants 1 and 2 are the appellants in the first appeal and they have been arrayed as opposite parties Nos. I and 2 in the writ application. The suit was one for partition of schedule 'A' lands and for declaration of title and recovery of possession in respect of schedule 'B' lands which is a part of schedule 'A' lands. Schedule 'B' comprises of 5.09 acres. The plaintiffs' case in nutshell is that Cheranga Bhoi, the common ancestor, had five sons -- Buti, Kapurchand, Sukhedhar, Khuda and Kaliabutu. Kapurchand and Sukhedhar died issueless. Khadu died leaving behind his widow, Khira who is plaintiff No. 5. Khadu had five sons of whom two sons have been arrayed as plaintiffs 3 and 4 and three sons have been arrayed as defendants 3, 4 and 5. Kandhana, plaintiff No. 1 is the pre-deceased son's son of Khuda. Kaliabutu died leaving behind his widow, plaintiff N...
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