Orissa Court March 1993 Judgments
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Indian Metals and Ferro Alloys Ltd. Vs. Commissioner of Income-tax and ...
Court: Orissa
Decided on: Mar-22-1993
Reported in: 1994(74)ELT802(Ori); [1993]203ITR729(Orissa)
A. Pasayat, J.1. This assortment of petitions raises an identical dispute, and are, therefore, disposed of by this common order. In each case, the notice issued under Section 263 of the Income-tax Act, 1961 (in short, 'the Act'), annexed as annexure-1 to the writ application is impugned. Notices relate to the assessment years 1976-77, 1977-78, 1978-79 and 1979-80.2. A brief reference to the fact situation as depicted by the petitioner in support of the writ applications is necessary. The petitioner is a public limited company and is assessed to income-tax. The Directorate of Revenue Intelligence made a raid in the premises of the petitioner on and from March 24, 1988. A raid was also conducted on the residence-cum-office of its managing director, Dr. B.D. Panda. While the foreign exchange regulation authorities were in the premises and were conducting their search, they requested the income-tax authorities to come and conduct raid in terms of Section 132 of the Act. According to the pe...
Arakhit Jena (Deceased by Lrs.) Vs. State
Court: Orissa
Decided on: Mar-17-1993
Reported in: 1993CriLJ1961
S.C. Mohapatra, J.1. Accused convicted under Section 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') and Section 161, Penal Code preferred this appeal. During pendency of the appeal, he expired and his son has obtained permission under Section 394, Criminal P.C. to continue the same to get acquittal of his father recorded.2. Accused was Officer-in-charge of Malakangiri Police Station. Informant (P. W. 8) as Engineer who was a retired army personnel was carrying on business of works contract under State Irrigation Department at Malakangiri. Prior to it, he was carrying on business of purchase and sale of tin ore from the members of scheduled tribe of the area in partnership with two others. P.W. 3 was the Circle Inspector of Police of Malakangiri Police Circle. P.W. 1 is Deputy Superintendent of Police (Vigilance) stationed at Berhampur. P.W. 7 was the Deputy Superintendent of Police (Vigilance) stationed at Jeypore within whose jurisdiction come...
Radheshyam Pradhan Vs. State
Court: Orissa
Decided on: Mar-16-1993
Reported in: 1993(II)OLR21
S.C. Mohapatra, J.1. Short question is whether appellant contravened the Orissa Kerosine Control Order, 1962 (hereinafter referred to as 'the Control Order) made Under Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') for being convicted and sentenced Under Section 7 of the Act.2. When learned Special Judge explained the parti ulars of the offence to accused in shape of a question recorded in the prescribed form for statement of accused Under Section 313, Cr PC to the effect that accused possessed 28 litres of Kerosine on 1 5-9-1992 without licence and asked him if he confesses his guilt, accused while stating that he admits his guilt explained that the same was possessed by him for use in his hotel. With this answer, accused was convicted. Learned Special Judge passed the following order:'4-1-1993 : Accused is present. Particulars of the offence stated to him. He is asked if he pleads guilty or would like to contest the case. He pleads guilty. His...
Krushna Mallik and anr. Vs. Bishnu Mohan Das and and ors.
Court: Orissa
Decided on: Mar-16-1993
Reported in: 1993(II)OLR31
B.N. Dash, J.1. The defendants 11 and 12 are in appeal against the decision of the appellate Court modifying the judgment and decree passed by the trial Court in a suit in which the plaintiffs claimed for partition and allotment of their shares and also to purchase the share of their brother (defendant No. 9) which had been alienated, in exercise of their right Under Section 22 of the Hindu Succession Act, 1956 (herein- after to as 'the Act')2. In order to know the relationship of the plaintiffs with defendants 9 and 10 and also for an easy grasp over the dispute between the parties, the following genealogy may be usefully noted :Parikhita Das (dead)|-------------------------| |Gopal Bhikari (alive)(died in 1970) | | | ----------------------------- Ramachandra| | | (D. 10)Bhagaban Bishnumohan Harekrushna(P. 1) (P. 2) (P. 3)3. Plaintiff's case is that their father along with Mohan Das (father of defendants 1 to 5). Saturi Mallik (father of defendants and 7) and Guruprasad (ancestor of d...
Bholeswar Setha Vs. State
Court: Orissa
Decided on: Mar-15-1993
Reported in: 1993(II)OLR162
A. Pasayat, J.1. Each criminal act is a censure against society and each time a man or woman is sent to the g allows or is put in prison, society admits its own failure. As Charles Peguy, renowned human rights activist has observed one single injustice, one single crime, one single act, particularly if it is officially recorded, confirmed one single insult to humanity.2. A member of administrative service lost his life. Prosecution claims that Bholeswar Setha (hereinafter referred to as the 'accused') was the author of the crime. The act complained of macabre to the core has a poignant tale to tell. The accused, an unemployed youth, is claimed to have taken away the life of Additional District Magistrate, Angul for not being able to provide an employment, not- Withstanding assurances held out.3. The prosecution case sans unnecessary details is as follows :Land of different persons had been acquired by the National Aluminium Company (in short, 'NALCO') and a list of persons whose lands ...
Bishnupriya Mohapatra and ors. Vs. Bata Krushna Mohapatra and ors.
Court: Orissa
Decided on: Mar-12-1993
Reported in: AIR1993Ori218
G.B. Patnaik, J. 1. This is an appeal under Section 299 of the Indian Succession Act against an order of the Subordinate Judge, Puri, granting probate in respect of the Will executed on 5-10-1969 and directing issuance of Letter of Administration in favour of the applicant Batakrushna (respondent No. 1). 2. One Gangadhar had two sons Balamukunda and Gopinath. Batakrushna is the son of Balamukunda and claims to be the adopted son of Gopinath. Said Batakrushna filed application under Section 278 of the Indian Succession Act before the Subordinate Judge, Puri, alleging that Gopinath had executed a Will in his favour on 5-10-1979 when the applicant was a child and said Gopinath died on 10-7-1971. It was pleaded in the application that Gopinath executed the will in a sound state of disposition in presence of two attesting witnesses and attesting witnesses attested the same in presence of the testator and the scribe. The applicant was unaware of the execution of the aforesaid will till 1986 ...
Food Corporation of India Represented by Regional Manager Vs. Pratap C ...
Court: Orissa
Decided on: Mar-12-1993
Reported in: 76(1993)CLT688; 1993(I)OLR478
P.C. Mishra, J.1. The plaintiff in O. S. No. 426 of 1986-III is the appellant in this appeal. The, appeal is directed against dismissal of the suit as not maintainable because of the arbitration agreement entered into between the parties.2. The plaintiff, the Food Corporation of India, filed the aforesaid suit for realisation of Rs. 58,845.49 P. from the defendant together with pendente lite and future interest and cost of the suit on the ground that the defendant, who was entrusted with the work of construction of some quarters, lavatory block etc., could not complete the construction and as a result, the plaintiff sustained loss to the extent of the claim in the suit. The defendant filed his written statement denying the plaint allegation and challenging the maintainability of the suit on the ground of existence of arbitration agreement. The trial Court framed the issue relating to maintainability of the suit and decided the same against the plaintiff before taking up the other issue...
Aurondhati Das and ors. Vs. New India Assurance Company and ors.
Court: Orissa
Decided on: Mar-12-1993
Reported in: 1994ACJ56; 76(1993)CLT803; 1993(I)OLR543
P.C. Misra, J.1. The claimants in an Accident Claim casa pending before the Motor Accident Claims Tribunal, Balasore are petitioners in this writ application and have prayed for transfer of the said case to the Motor Accident Claims Tribunal, Cuttack. The petitioners are the legal heirs of one Satyabrata Das, who died in a motor accident. An application Under Section 166 of the Motor Vehicles At has been filed before the Motor Accident Claims Tribunal, Balasore registered as Misc. Case No. 18 (c) of 1991 claiming compensation against the owner of the vehicle and the insurer. The accident took place on 12-11-1990 while the deceased was travelling on the National Highway between Ranital and Charampa in his official car which met with an unfortunate accident. Petitioners are permanently residing at Cuttack. Petitioner No. 1 is the widow and petitioners 2 to 4 are the children of the deceased, out of whom petitioners 3 and 4 are minors. Petitioner No. 5 is the father of the deceased who is...
Maguni Sardar Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-12-1993
Reported in: 1993(II)OLR133
L. Rath, J.1. The petitioner who succeeded in a ceiling proceeding at the revisional stage directing remand of the matter to the revenue officer with instructions to consult the local committee in the matter of confirmation of the draft statement, has come before this Court as the direction was not carried out and instead steps were taken to distribute the surplus land which had earlier been taken over from him. The facts are that the petitioner's father Kandha Ranbaj Sardar who had died forty years back had left behind him two sons, the petitioner and his brother Tarini Sardar. A suo motu ceiling proceeding Under Section 42 of the Orissa Land Reforms Act was started in 1975 against Tarini Sardar, the present opp. party No. 5 as the sole land holder of all the lands left behind by Kandha Ranbaj Sardar. The matter having been decided against opp. party No. 5 and he having failed in appeal and revision, he came before this Court in O.J.C. No. 1806/80 which was allowed on 14-2-1985 remand...
National Insurance Co. Ltd. Vs. Kumudini Das and ors.
Court: Orissa
Decided on: Mar-10-1993
Reported in: I(1994)ACC278; 1994ACJ1046
D.P. Mohapatra, J.1. The short question that falls for determination in these appeals is whether the Motor Accidents Claims Tribunal, in the facts and circumstances of the case, erred in directing the appellant insurance company to pay the entire sum awarded as compensation to the claimants.2. On 26.4.1986 at about 3 p.m. while plying between Berhampur and Ramgiri Road the bus bearing No. ORG 4851 met with an accident at Chandipur village in which some of the passengers died and some others were injured. The claim cases giving rise to the present appeals relate to death of the passengers concerned. Misc. Appeal No. 132 of 1988 arises from M.A.C. No. 120 of 1986 (76 of 1986) filed by respondent No. 1, Chandramma Beharani, wife of late Arjun Behera, Misc. Appeal No. 123 of 1988 arises from M.A.C. No. 68 of 1987 (64 of 1986) filed by the respondent Nos. 1 and 2, Kumudini Das and Danardan Das, wife and son of late Abhimanyu Das. Similarly Misc. Appeal No. 124 of 1988 arises from M.A.C. No....
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