Orissa Court March 1993 Judgments
Amiya Kumar Mohanty and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-31-1993
Reported in: 1993(I)OLR532
B.L. Hansaria, C.J.1. The petitioners are facing trial under the Narcotic Drugs and Psychotropic Substances Act, 1985. Their case is that they have been kept under illegal confinement as by no legal order they have been remanded to custody. Shri Panda submits that the SDJM, under whose orders, as would appear from the xerox copy of the jail warrant dated 8-1-1993 filed by the learned Additional Standing Counsel, they were kept in custody, was not competent to ask the Officer-in-charge of the jail to do so, because by the date this order was passed, the SDJM had no power of commitment, of which reference has been made in the jail warrant. This point has been taken by the learned counsel because though the earlier view of this Court was that in cases governed by the aforesaid Act, a Sessions Judge cannot take cognizance without commitment, a Full Bench of this Court subsequently overruled that decision and held by majority that commitment is not necessary and the Sessions Judge can take ...
Tag this Judgment!Smt. Nakka Bhikhyamana Vs. Sri Aurovindo Dhali and ors.
Court: Orissa
Decided on: Mar-30-1993
Reported in: AIR1993Ori223
ORDERG.B. Patnaik, J.1. The petitioner has contested in the bye-election to 86-Malkanagiri (S.C.) Assembly Constituency along with respondents 1, 2 and 3. The vacancy having been caused on account of the death of Nakka Kanaya, the bye-election had been held on 8th of June, 1992. The petitioner contested the election on Janata Dal ticket with symbol 'Chakra'; respondent No. 1 contested as the candidate of Bharatiya Janata Party with symbol 'Lotus'; respondent No. 2 contested as the candidate of Indian National Congress with symbol 'Hand' and respondent No. 3 contested as an Independent candidate with the symbol 'Bow and arrow'. Respondent No. 1 was declared elected by the Returning Officer having polled a total number of votes of 27,156, whereas the petitioner had polled the second highest having polled 27,109; respondent No. 8 polled 13,588, whereas respondent No. 3 polled 827 votes. In this application filed under Section 101 of the Representation of the People Act, 1951, the petition...
Tag this Judgment!Commissioner of Income-tax Vs. Orissa Flour Mills (P.) Ltd.
Court: Orissa
Decided on: Mar-30-1993
Reported in: [1993]203ITR691(Orissa)
A. Pasayat, J.1. In this application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), the Commissioner of Income-tax, Orissa, seeks a direction to the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (in short, 'the Tribunal'), to draw up a statement of case and refer the following question which, according to him, is a question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal has acted judiciously and in conformity with the provisions of Section 209A read with Section 273(2)(aa) of the Income-tax Act, 1961, and, whether the cancellation of penalty of Rs. 16,860 is legally justified ?'2. The background facts as culled out from the various orders are as follows :Messrs. Orissa Flour Mills (Pvt.) Ltd. (hereinafter referred to as 'the assessee'), is assessed to tax since a long time. For the assessment year 1980-81, corresponding to the accounting period which ended on October 19, 1979, the assessee did not file a statement or ...
Tag this Judgment!Prahallad Mishra and anr. Vs. Benga Dibya and ors.
Court: Orissa
Decided on: Mar-30-1993
Reported in: 76(1993)CLT234; II(1993)DMC283
A.K. Padhi, J.1. One Narayan Acharya and Benga Dibya filed Title Suit No. 46 of 1979 claiming for partition. In the said suit one Karuni Acharya was arrayed as defendant No. 1. Suit was decreed preliminary on 24-4-1985 and against the said judgment defendants 10 to 12 had filed Title Appeal No. 44 of 1985.2. During pendency of the Title Appeal, Karuni Acharya died. Two applications were filed for impletion as respondents in place of late Karuni as his legal representative. The present applicants are claiming to be Class-II heirs being sons of a pre-deceased sister. Another application was filed by one Raghunath Acharya (opp. party No. 2) claiming to be the adopted son of late Karuni Acharya. As dispute arose regarding the question as to who is the legal heir of Karuni, the Appellate Court directed the Trial Court to enquire into the matter under Order 22 Rule 5, C.P.C. Learned Trial Court in pursuance of the order passed by the Appellate Court conducted the enquiry and gave the finding...
Tag this Judgment!Dr. Baishnab Charan Singh Vs. Registrar, Utkal University Shri Santanu ...
Court: Orissa
Decided on: Mar-29-1993
Reported in: 1995(I)OLR463
A.K. Padhi, J.1. In this writ application challenge has been made to the appointment of opp. party No. 5 to the post of Professor of Chemistry in the Post Graduate Department of Chemistry of the Utkal University. The selection process has been challenged on the grounds:(a) While awarding marks, the Selection Committee had not followed the mandate under Statute No. 258 of the Orissa Universities First Statutes. 1990 (hereinafter referred to as 'the Statutes'). (b) One of the experts i. e. Or. A.B. Sanigrahi was also invited as an expert in the year 1990. therefore, there hap been clear violation of Section 21(2) (ii) of the Orissa Universities Act, 1989 (hereinafter referred as 'the Act'). (c) The Selection Committee consisting the experts selected by the Vice-Chancellor were not from the list furnished by the Syndicate, therefore, there has been violation of Section 21. (d) The experts who have been selected are not qualified to be experts in Physical and Nuclear Chemistry though the...
Tag this Judgment!Antaryami Patra Vs. State of Orissa
Court: Orissa
Decided on: Mar-26-1993
Reported in: 75(1993)CLT803; 1993CriLJ1908; 1993(I)OLR464
G.B. Pattnaik, J.1. An interesting question of law has been urged in this case by Mr. Dhal appearing for the petitioner invoking the inherent jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure against the order of the Special Judge, Keonjhar, who has refused the petitioner's prayer for bail, as he is involved in a case under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N. D. P. S. Act'). The said question is whether in view of Section 18 of the Juvenile Justice Act, 1986, a 'juvenile' as defined in Section 2(h) of the Act is entitled to be released on bail even if he is accused of committing an offenee under the N. D. P. S. Act notwithstanding the provisions of Section 37 of the said Act.2. To appreciate this contention in its proper perspective, it would be appropriate to notice the two provisions which are extracted hereinbelow in extenso :Section 18 of the Juvenile Justice Act, 1986 reads as follows :'18. Bail and cu...
Tag this Judgment!State of Orissa Vs. Ainul Haque
Court: Orissa
Decided on: Mar-26-1993
Reported in: 1993(I)OLR487
B.L. Hansaria, C.J.1. This Court, being of the view that grant of bail by the Sessions Judge, Sundargarh, to the opposite party, who was accused of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 was not in accordance with law, took suo motu cognizance of the same by an order passed on 9-11-1992. As it was found that despite service of notice on the opposite party no appearance was made, the order of bail granted by the Sessions Judge, Sundargarh, was set aside on 10-2-1993 being satisfied about the illegality of the order. This case was thereafter filed on 16-2-1993 to recall the order of cancellation on the ground that the opposite party had entered appearance on 11-12-1992, but in the Vakalatnama, due to inadvertence, the connected case, was described as suo motu Criminal Revision' instead of suo motu Criminal Misc. Case'. It is because of this that the Vakalatnama was not placed in the record of the main case and cancellation order was passed without heari...
Tag this Judgment!Kulamani Deo, D.i.G. of Police Vs. Commissioner of Income-tax and ors.
Court: Orissa
Decided on: Mar-25-1993
Reported in: [1993]204ITR693(Orissa)
1. Though this case was listed for admission, at the request and with the consent of learned counsel for the petitioner and learned counsel for the Revenue, it is taken up for final disposal.2. The petitioner was assessed to income-tax for the assessment year 1984-85 under Section 144 of the Income-tax Act, 1961 (for short, 'the Act'). The said assessment was assailed in appeal before the Commissioner of Income-tax (Appeals) (in short, 'the CIT (A)'), Orissa, Cuttack, in Income-tax Appeal No. 523/ORS/90-91. By order dated January 31, 1991, the Commissioner of Income-tax (Appeals) set aside the assessment and directed de novo assessment, after giving a fresh opportunity to theappellant-petitioner to state his case. The petitioner has filed second appeal before the Income-tux Appellate Tribunal, Cuttack Bench (in short, 'the Tribunal''). By notice dated January 18, 1995, the Assistant Commissioner of Income-tax, Circle-II, Bhubaneswar, issued notice to the petitioner to give explanations...
Tag this Judgment!Kumudabandhu Das (Since Dead) and After Him Labani and ors. Vs. Aswini ...
Court: Orissa
Decided on: Mar-25-1993
Reported in: 1993(II)OLR124
S.C. Mohapatra, J.1. Defendant No. 6 was the appellant against a preliminary decree for partition. Since appellant died in a motor accident, step mother and her children claimed to be legal representatives of the appellant who are also defendants in the suit. One Shantilata claiming to be the widow filed petition for substitution as legal representative of deceased. There was an enquiry where report has come that Shantilata is the widow. The said report was contested by step mother, her childlen and legal representatives of pre-deceased son of Lilabati. At last the contest was resolved by settlement where without admitting Shantilata as widow of defendant No. 6, it has been settled that Shantilata shall be entitled to all the movables of deceased Kumudabandhu and step mother with her son and legal representatives would have no right over the same. They would not object if the service benefits on death of Kumudabandhu are made available to Shantilata by the employer and others. Step mot...
Tag this Judgment!Jayashree Chemicals Ltd. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Mar-25-1993
Reported in: 1993(II)OLR28
S.C. Mohapatra, J.1. Plaintiff is appellant against dismissal of suit for realisation of amount paid to the defendant.2. Plaintiff is a manufacturer of caustic soda. Its products are transported through Railway by tank wagons for which freight is paid at the time of delivery of goods for carriage. Plaintiff was paying amounts as were being charged by the Railway Authorities. While so paying for the consignments, it found that more amount is being charged. Therefore it issued notice to the defendant and filed the suit for recovery of the amount which had been paid in excess alleging that fraud has been committed on the plaintiff. Its case is that freight is to be paid on the weight of carriage. Each tank wagon has stencil mark for carriage which would indicate the average weight a tank wagon is to carry. Freights ought to have been charged on the basis of stencil mark. In spite of it charge was collected for two quintals more in each wagon. This is excess charge which was detected by th...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »