Orissa Court October 1993 Judgments
Sk. Belal Alias Sk. Raja and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-14-1993
Reported in: 1994CriLJ467; 1994(I)OLR20
L. Rath, J.1. This case is an expression of the conflict of values of parental authority assorting its right to control the rebellion in the offspring, a daughter, in choosing her life partner and the avowal by the daughter of the sole right in herself to regulate her own affairs. Thrown in to this age-old disharmony of parental authority and difiant assertion of the postority of its personal rights is a dose of inter-religious, and hence unacceptable, marriage. Torsely put, petitioner No, 3, a Marwari girl, has choosen the petitioner No. 1, a Muslim boy as her life partner and an FIR having been lodged by the father registering a case Under Section 363,IPC against him and petitioner No. 2, a person supposed to have assisted petitioner Nos, 1 and 3, all the petitioners are before this Court to claim their relief of quashing of the FIR and the investigation and not to arrest them or to take away petitioner No. 3 from her marital home. In this fight between the two sides, the State has t...
Tag this Judgment!Md. Mukim Vs. State
Court: Orissa
Decided on: Oct-14-1993
Reported in: 1993(II)OLR538
A. Pasayat, J.1. Petitioner along with others was arrainged as an accused in G. R. Case No. 129 of 1988 pending in the Court of Subdivisional Judicial Magistrate, Sundargarh, on the allegation of having committed offences punishable Under Sections 467, 468, 471, 473, 420 and 120-B of the Indian Penal Coda* 1860 in short, 'IPC', and Under Sections 52. 53 and 67 of the Indian Post Office Act, 1898. On 6-8-1988 pardon was granted to him Under Section 306 of the Code of Criminal Procedure, 1977 (in short, the 'Code' ). Prayer made by the petitioner to be made an approver was accepted by the learned Subdivisional Judicial Magistrate (in short, 'SDJM') on 6-8-1988 on condition that he would make a full and true disclosure of whole of the circumstances within his knowledge relative to the offence. He was examined as required Under Section 306(4) of the Code. His statement under- Section 164 of the Code was recorded or, 13-6-1988 during investigation. On 31-3-1989., when the case was transferr...
Tag this Judgment!Banwarilal Agarwal and ors. Vs. A. Suryanarayan and State
Court: Orissa
Decided on: Oct-13-1993
Reported in: 1994CriLJ370
B.N. Dash, J.1. These two revisions are directed against the judgment of the learned First Addl. Sessions Judge, Berhampur upholding the conviction and sentence passed under Section 409 read, with Section 34, I.P.C. against both the accused-petitioners and also under Section 408, I.P.C. against the accused-petitioner V. Tyagarajan, Since both the revisions have been tiled against the same judgment and as some of the points involved for determination are identical, they were heard together and are being disposed of by this common judgment.2. The undisputed facts which fall within a small compass are stated as under :-- The accused-petitioner Banwarilal Agarwal and his son Binod Kumar Agarwal (another accused since acquitted) carry on business in nylon fishing net twine at Big Bazar, Berhampur town in the name and style of 'Susil Kumar Bijay Kumar' and of them Binod placed order for supply of 1200 kg. of nylon fishing net twines with Shri Ram Fibere Limited, Calcutta on January 31, 1984,...
Tag this Judgment!Deo Karan Jhunjhunwala Memorial Public Charitable Trust Etc. Etc. Vs. ...
Court: Orissa
Decided on: Oct-12-1993
Reported in: AIR1994Ori76
G.B. Patnaik, J. 1. These writ applications involve common questions of fact and law and were heard together and are being disposed of by this common judgment. 2. An acquisition proceeding under the Land Acquisition Act (Central Act 1 of 1894) (hereinafter referred to as 'the Act') is under challenge in these writ applications. The land in question had been acquired by the Government of Orissa in the Revenue Department for the purpose of development of New Capital by notification dated 26th of March, 1984, and along with the notification under Section 4(1), the State Government had invoked the emergency provision and had issued notification under Sub-sections (1) and (4) of Section 17 of the Act. The petitioners assailed the validity of the acquisition in O.J.C. No. 2412 of 1984 and this Court quashed the said proceeding by judgment dated 30th of March, 1989, which decision has since been reported in AIR 1989 Orissa 219 (M.K.Jhunjhunwala v. State of Orissa). The proceeding had been qua...
Tag this Judgment!Deba Prasad Palei Vs. Sabitarani Palei and anr.
Court: Orissa
Decided on: Oct-12-1993
Reported in: 1994CriLJ1168; I(1994)DMC123; 1993(II)OLR530
L. Rath, J.This revision under Section 19(1) of the Family Courts Act assails the order passed by the Judge, Family Court, Rourkela directing payment of maintenance of Rs. 300/- per month to opp. party No. 1 and Rs. 200/- per month to opp. party No. 2 by the present petitioner with effect from 4-11-1992 on which date the application was made. The opp. parties have not appeared in spite of notice. The admitted facts are that the petitioner and opp. party No. 1 had married on 26-2-1990 and opp. party No. 2 is the son born to them. The petitioner filed O.S. No. 54 of 1992 before the Subordinate Judge, Khurda seeking dissolution of the marriage by divorce. In the suit, the opp. party No. 1 appeared and filed written statement that there was ill-feeling between the parties because of dowry demand of the petitioner and that there had been an amicable settlement effected by gentlemen of the village but that failed as the petitioner did not went to keep opp. party No. 1 as his wife, and that f...
Tag this Judgment!New India Assurance Company Ltd. Vs. Kanchan Bewa and ors.
Court: Orissa
Decided on: Oct-11-1993
Reported in: II(1994)ACC117; 1994ACJ138; AIR1994Ori65; [1994]80CompCas461(Orissa); 1994(I)OLR1
Hansaria, C.J. 1. These appeals by the insurer have raised the question of its liability to satisfy the awards which have been passed in proceedings under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter, 'the Act') claiming compensation for the death of three persons who were travelling in a goods vehicle, which had been hired by the deceased and who were travelling in the vehicle which got involved in an accident. When these appeals came before one of us (G. B. Patnaik, J.), reliance was placed on a bench decision of this Court in Oriental Fire and General Insurance Company Ltd. v. Narayani Bai, 1984 Ace CJ 106 : (AIR 1984 Orissa 43) in which this question had been answered in affiramtive. This had been done following the decisions of Karnataka High Court in Channappa v. Laxman Bhimappa, AIR 1979 Karnataka 93; T. M. Renukappav. Fahmida, 1980 Acc CJ 86 : (AIR 1980 Karnataka 25) and United India Insurance Co. Ltd. v. Gangamma, 1982 Acc CJ 357 : (AIR 1982 Karnataka 263). The l...
Tag this Judgment!Commissioner of Income-tax Vs. Permilla Singh and Co.
Court: Orissa
Decided on: Oct-08-1993
Reported in: (1994)116CTR(Ori)466; [1994]207ITR887(Orissa)
A. Pasayat, J. 1. These two reference applications are interlinked and, therefore, are disposed of by this common judgment which shall govern each one of them.2. On the basis of an application under Section 256(2) of the Income-tax Act, 1961 (in short, 'the Act'), filed by the Revenue and pursuant to the direction given by this court, the Income-tax Appellate Tribunal, Cuttack Bench (in short, 'the Tribunal'), has referred the following question for adjudication by this court : 'Whether, on the facts and in the circumstances of the case and in view of the provisions of Section 271(2), penalty is to be calculated treating the firm as an unregistered firm when the assessee-firm committed default in submission of returns and rendered itself liable for penalty under Section 271(l)(a) ?' 3. In our view the question referred needs a slight modification, and accordingly we reframe the same for adjudication. The reframed question reads as follows : 'Whether penalty can be levied under Section ...
Tag this Judgment!Babaji Charan Barik Vs. State
Court: Orissa
Decided on: Oct-08-1993
Reported in: 1994(I)OLR66
A. Pasayat, J.1. Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the 'accused') cause of death of his wife Gitanjali (hereinafter referred to as the . 'deceased') The accused pleads innocence and terms the allegations made by the prosecution to be unfounded. He was held guilty for homicidal death of deceased.2. Scenario as portrayed by the prosecution is as follows:The deceased and the accused were married sometime in June, 1980, at a temple, and were blessed with two. On 12-6-1986 the deceased was found dead with burn injuries. The accused lodged information at Sector 3 Police Station stating that his wife had committed suicide. But Kaibalya Charan Barik (PW 12), the brother of the deceased lodged another information at the said Police Station alleging that his sister had sustained burn injuries on her person, had not committed suicide and her death was homicidal. During investigation it came to the light that the accused had wilfully a...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ram Krishna Mishra and ors.
Court: Orissa
Decided on: Oct-08-1993
Reported in: 1994ACJ776
G.B. Patnaik, J.1. The insurer of the vehicle is the appellant in both these appeals challenging the award of the Tribunal on the ground that the policy of insurance having been obtained by practising fraud with effect from 2.5.1986 though the premium amount was actually paid on 7.5.1986, the insurer should not be held liable for the compensation amount in question in respect of the accident that occurred on 4.5.1986.2. The claimants in M.A. No. 125 of 1991 are the father and mother of the deceased aged about 25 years and the amount of compensation determined therein was Rs. 57,000/- out of which the insurer's liability is to the extent of Rs. 50,000/- as provided under the statute. The injured himself is the claimant in other Misc. Appeal and the insurer's liability is to the extent of Rs. 15,000/- as provided under the statute. I am not concerned with the findings of the Tribunal that the vehicle bearing registration No. TML 9097 met with an accident on 4.5.1986 while it was being dr...
Tag this Judgment!Minaketan Senapati and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-07-1993
Reported in: 1993(II)OLR543
L. Rath, J.1. The informant in a criminal prosecution and the minor injured boy are the petitioners assailing the revisional order of the learned Sessions Judge setting aside an order passed by the trying Magistrate directing payment of Rs. 100/- to petitioner No. 1 and Rs. 50/- to the wife of the petitioner No. 2 while releasing the opp. party No. 2 accused Under Section 4 of the Probation of Offenders Act. The opposite party No. 2 stood trial Under Sections 448, 341, 323, 325 and 294 IPC and was ultimately convicted of the charges, but the learned Magistrate directed his release under the Probation of Offenders Act and applying the provisions of Section 357(3), Cr PC levied the compensation. In a suo motu revision, the learned Sessions Judge held the order levying compensation to the unwarranted as Section 357(3), CrPC was applicable only when a sentence of fine or a sentence of which fine forms a part is passed. He was of the view that since the opp. party No. 2 was directed to be r...
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