Orissa Court July 1993 Judgments
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Banamali Mohanty Vs. Dolagovinda Das and ors.
Court: Orissa
Decided on: Jul-13-1993
Reported in: 78(1994)CLT928; 1993(II)OLR265
D.P. Mohapatra, J.1. The short question that falls for determination in this case is whether during pendency of a proceeding under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, 'the Consolidation Act') initiation of a proceeding Under Section 145 o1 the Code of Criminal Procedure was bad.2. The first party in the proceeding Under Section 145, CrPC (Criminal Misc. Case No. 48 of 1991) has filed this revision petition Under Sections 397 and 401, CrPC challenging the order dated 12-11-1991 of the Executive Magistrate, Jajpur dropping the proceeding and leaving it to the parties to agitate the dispute regarding right, title, interest coupled with possession over the disputed land before the proper forum for decision.3. The factual backdrop of the case necessary for appreciation of the point formulated earlier may be stated thus :On perusal of the report of the Officer-in-charge, Jajpur Police Station and on being satisfied that there was...
Bhupendra Singh and ors. Vs. Mandeep Kour and anr.
Court: Orissa
Decided on: Jul-13-1993
Reported in: 1993(II)OLR307
L. Rath, J.1. The only grievance urged by the learned counsel for the petitioners is non-compliance with the provisions of Section 210. Cr PC. The petitioners are accused in complaint case, ICC Case No. 7/90 at the instance of the wife of the petitioner No. 1 in the Court of the S.D.J M. Bhawanipatna. After cognizance had been taken in the complaint case and the petitioners have appeared and gone on bail, a letter was received by the learned S DJ M. from the Officer-in-charge, Town P.S. ;Bhawanipatna to stay the complaint case as the very matter was under investigation by him in G. R. Case No. 68 of 1990. On the next day (20-2-1990) the Officer-in-charge appeared in the Court and stated that he had no bad intention to request the Court for stay of the complaint case. The learned Magistrate passed orders warning him not to repeat again. Mr. Sahu, the learned counsel appearing for the petitioners submits that the Court was under a bounden duty to stay the complaint case till the investig...
Saurava Barik Vs. Smt. Gouri Kandi Alias Gouri
Court: Orissa
Decided on: Jul-13-1993
Reported in: 76(1993)CLT428; 1994CriLJ440; 1993(II)OLR378
D.P. Mohapatra, J.1. The short question that falls for determination in this case is whether accepting the allegations in the complaint and the materials on record in toto, prima facie case Under Section 493, Indian Penal Code, (IPC) is made out against the petitioner.2. The petitioner Saurava Barik aged about 45 years is an Advocate practising at Sundargarh. He filed this application Under Section 482, Criminal Procedure Code, (Cr PC) for quashing the order passed on 10-3-1992 by the Subdivisional Judicial Magistrate, Jharsuguda in I.C.C. No. 63/91 taking cognizance of the offence Under Section 493, IPC and issuing summons to him. The criminal case was instituted on the complaint filed by. the opposite party Smt. Gouri Kandi alias Gouri alleging inter alia, that at the relevant time she was staying with her mo her and younger brother at Sundargarh and was wroking as a maid servant in the house of different persons including one lswar Behera who was Advocate's clerk attached to the pet...
National Insurance Co. Ltd. Vs. G.C. Ray
Court: Orissa
Decided on: Jul-13-1993
Reported in: I(1994)ACC216
A.K. Padhi, J.1. Insurer is appellant. Challenge has been made to the order of the Court making the award rule of the Court. Respondent is the owner of the Ambassador car bearing registration No. ORU-5823 and it is admitted that the car was insured with the appellant. The converge in the policy was to the tune of Rs. 23,000/-. On 17.3.1979 in between Ratanpur and Berhampur the vehicle in question met with an accident, as a result of which the car was damaged. The claimant called upon the appellant to pay damages as per the contract between the parties and a Surveyor as per the Insurance Policy was deputed to estimate the damages. As the insured did not agree with the quantum of damages offered by the insurer, the matter was referred to an Arbitrator as per Clause 7 of the agreement i.e. the Insurance Policy.2. The learned Arbitrator after giving notice to both sides entered into reference. Both the sides adduced their evidence before learned Arbitrator who after considering the materia...
Orissa Forest Corporation Vs. Collector of Customs and Central Excise ...
Court: Orissa
Decided on: Jul-13-1993
Reported in: 1993(44)ECC1
R.K. Patra, J.1. The facts in all the aforementioned cases are few, point involved is solitary it being whether railway sleepers, sawn timber and wooden sawn sizes are tiber simpliciter or they are 'manufactured' as such as excisable goods to be leviable with duty under Section 3 of the Central Excises and Salt Act, 1944. As all the cases stem from common and similar orders passed by the Central Excise Authority, they have been heard together and are being disposed of by this common judgment.2. The petitioner is a Government corporation which is engaged inter alia in the business of taking forest lease and conversion of logs into timber and dispose of the same through its different agencies. The Collector, Central Excise and Customs, Bhubaneswar issued notice to the petitioner to show cause as to why it should not be levied with central excise on the afore-mentioned goods for different periods specified in the notices. The petitioner instead of replying to the said notices prayed for p...
Gupta Prasad Das Vs. Registrar, Co-operative Societies and anr.
Court: Orissa
Decided on: Jul-08-1993
Reported in: 1993(II)OLR323
A. Pasayat, J.1. The petitioner calls in question the legality of notice issued by the Registrar, Co-operative Societies, Orissa, in purported exercise of powers conferred Under Section 32(1) of the Orissa Co-operative Societies Act, 1962 (in short, the 'Act') requiring the Committee of Management of Koraput Central Co-operative Bank Limited, Jeypore to show cause as to why the committee shall not be received from office. Shri Gupta Prasad Das, the President of the committee has filed this writ application on behalf of the committee and the committee is described as the petitioner hereinafter.2. According to the petitioner, the notice is outcome of non- application of mind. Our attention is drawn to the language of Section 32(1) which stipulates that if the committee of any society persistently makes default or is negligent in the performance of the duties imposed on it by the Act or the Rules or the bye-laws, or commits any act which is prejudicial to the interest of the society or it...
Badri Prasad Tiwari Vs. the State
Court: Orissa
Decided on: Jul-07-1993
Reported in: I(1994)ACC676; 76(1993)CLT668; 1994CriLJ389
ORDERA. Pasayat, J.1. On the accusation of rash and negligent driving which resulted in the death of one Sambhu Naik (hereinafter referred to as the 'deceased'), Badri Prasad Tiwari (hereinafter referred to as the 'accused') faced trial.2. Accusations were in short, as follows :On 19-6-1988 at about 6.30a.m. the deceased along with Jabir Lakra (P.W. 2) was returning from Rairakhol in a bullock-cart followed by Siril Oram (P.W. 1) and Laren Kulu (P.W. 4) in another bullock-cart. Near Tarbeda crossing on Rairakhol-Naktideula road, a mini bus bearing registration No. CAS 4651 belonging to Pradhan Transport which was being driven at a high speed in a rash and negligent manner by the accused came and dashed against the deceased and ran over him causing his instantaneous death. After a little while, the informant arrived at the spot and learnt about the accident from Jabir Lakra (P.W. 2). Immediately a written report was lodged with Rairakhol Police Station. Investigation was undertaken, and...
Orissa State Financial Corporation Vs. Gajendra Prasad Das and anr.
Court: Orissa
Decided on: Jul-06-1993
Reported in: AIR1994Ori140; 76(1993)CLT643
A. Pasayat, J.1. The Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') calls in question legality of order passed by learned District Judge, Ganjan, Berhampur holding that an application for enforcing personal liability cannot be entertained in a proceeding instituted under Section 31 of the State Financial Corporations Act, 1951 (in short, the 'Act'), even if such a liability has been incurred under the contract of mortgage.2. Background facts, sans unnecessary details are that Gajendra Prasad Das, respondent No. 1 (hereinafter referred to as the 'borrower') applied to the Corporation for sanction of loan with a view to acquire a truck. A sum of Rs. 1,92,000/- was sanctioned in his favour on 16-7-1980. For realisation of money advanced to the borrower, a deed of hypothevation was executed hypothecating the whicle in question in favour of the Corporation. In addition, Kailash Nath Das (hereinafter referred to as the ('guarantor') stood as surety and also...
Rajindra Kumar Pradhan Vs. Pramila Pradhan
Court: Orissa
Decided on: Jul-06-1993
Reported in: II(1993)DMC384
B.L. Hansaria, C.J.1. The question for examination by this Bench on a reference being made by a learned Single Judge, is whether Section 125(3) of the Code of Criminal Procedure ('the Code' for short) permits passing of simultaneous order for issuing distress warrant as well as non-bailable warrant of arrest against the person who had failed without sufficient cause to comply with the order passed by a Magistrate under Sub-section (1) relating to maintenance of wife, children or parents. A learned Single Judge of this Court took a view in Jagannath Patra v. Purnamashi Saraf, AIR 1968 Ori 35 that such a simultaneous order is not in accordance with law. Another learned Judge, without referring to the aforesaid case, however, held in Bhakta Bhuyan v. Sabitri Bhuyan, 1991 (1) OLR 119, 71(1991) CLT 110 that a Magistrate has jurisdiction to sentence a person to imprisonment for which purpose non-bailable warrant may be issued without having taken recourse to realisation of the unpaid amount ...
Rajendra Kumar Pradhan Vs. Smt. Pramila Pradhan
Court: Orissa
Decided on: Jul-06-1993
Reported in: 76(1993)CLT1038; 1993CriLJ3813; 1993(II)OLR284
B.L. Hansaria, C.J.1. The question for examination by this Bench, on a reference being made by a learned Single Judge, is whether Section 125(3) of the Code of Criminal Procedure ('the Code' for short) permits passing of simultaneous order for issuing distress warrant as well as non-bailable warrant of arrest against the person who had failed without sufficient cause to comply with the order passed by a Magistrate under Sub-section (1) relating to maintenance of wife, children or parents. A learned Single Judge of this Court took a view in Jagannath Patra v. Purnamashi Saraf, AIR 1968 Ori. 35, that such a simultaneous order is not in accordance with law. Another learned Judge, without referring to the aforesaid case, however, held in Bhakta Bhuyan v. Sabitri Bhuyan, 1991 (I) OLR 119, 71(1991) CLT 110, that a Magistrate has jurisdiction to sentence a person to imprisonment for which purpose non-bailable warrant may be issued without having taken recourse to realisation of the unpaid amo...
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