Orissa Court September 1993 Judgments
i.D.L. Chemicals Limited Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-1993
Reported in: 1993(II)OLR572
A. Pasayat, J.1. Petitioner calls in question the legality of order passed by the Taxing Officer-cum-Regional Transport Officer, Rourkela rejecting its prayer to accept tax payable under the Orissa Motor Vehicles Taxation Act, 1975 (in short the 'Taxation Act') under ltem-6 of Schedule to the A C.F. instead of ltem-4 as done earlier. Petitioner's case in essence is that the vehicle is being used for carrying children of its employees to different schools and does not fit into definition of private service vehicle as mentioned in Clause 33 of Section 2 of the Motor Vehicles Act, 1988 (in short, the 'Act'). The prayer was rejected on the ground that the vehicle does not belong to an educational institution and nature of the case comes under the definition of 'reward'.2. The Schedule to the Taxation Act classifies various categories of motor vehicles, and Item No. 6 deals with those motor vehicles which are not encompassed by Items 1 to 5 and in the nature of a residuary clause. The said ...
Tag this Judgment!Kuna Alias Pradeep Kumar Jena Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-1993
Reported in: 1993(II)OLR536
ORDERD.P. Mohaptra, J.1. Heard Shri D. P. Dhal for the petitioner and learned Addl. Standing Counsel for the State.2. The petitioner Kuna alias Pradeep Kumar Jena who, as stated in the bail petition and reiterated by Shri Dhal, is aged 15 years two months and seven days has been charge-sheeted Under Section 302, IPC in G. R. Case No. 252/93 pending in the Court of the Chief Judicial Magistrate, Keonjhar. The specific question for consideration is whether the petitioner is entitled to the benefit of bail Under Section 18 of the Juvenile Justice Act, 1986, (for short, 'the Act'). For answering this question, it is necessary 10 consider whether the petitioner can be said to be a juvenile as defined Under Section 2(h) of the Act. The term 'juvenile' is defined to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. In the present case, as noted earlier, the petitioner had completed 15 years but not completed 16 years by the date...
Tag this Judgment!Sudam Charan Barik Vs. State and ors.
Court: Orissa
Decided on: Sep-27-1993
Reported in: 1993(II)OLR566
ORDERD.P. Mohapatra, J.1. Heard Shri P. Panda for the petitioners, learned Addl. Govt. Advocate for opp. party No. 1 and Shri S. K. Mishra for opp. party No. 2.2. The twenty-eight petitioners who are arraigned as accused in G.R. Case No. 67 of 1991 pending in the Court of the Judicial Magistrate, First Class, Banpur filed this application under Sec; 482, Criminal Procedure Code for quashing the cognizance order passed by the learned Magistrate and for dropping the case against them on the ground that the parties in the meantime have settled their dispute amicably out of the Court. The informant was cited as opp. party No, 2 in the case. On the first information report lodged by him, G.R. Case No, 67 of 1991 was registered and by order dated 14-2-1992, the learned Magistrate took cognizance of the offences Under Sections 147/148/452/332/342/307/149, 1PC. The cognizance was taken for the offence Under Section 307, IPC which is non-compoundabla and triable exclusively by the Court of Sess...
Tag this Judgment!Bhramarbar Prusty and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-1993
Reported in: 1994CriLJ378
D.M. Patnaik, J.1. The two appellants assail their conviction under Section 304, Part I read with Section 34 of the Indian Penal Code and sentence of rigorous imprisonment for ten years each and to pay fine of rupees one hundred.2. Prosecution case in short is, deceased Sundarmani Dehuri had encroached a piece of government land and was about to construct a house on it and had raised certain poles on the land. The land of the appellants adjoins this encroached land by the deceased. There was dispute between the deceased and the appellants over this issue.On 23-4-1984 at 6.30 a.m. the deceased found that some poles had been removed from the site. The appellants came there. There was an altercation during which appellant Bhramara gave a lathi blow on the head of Sundarmani causing bleeding injury and his son appellant Narayan with a crow-bar assaulted the deceased causing injuries to both hands of Sundarmani. The occurrence took place in presence of P.W. 3, son of the deceased and P. Ws....
Tag this Judgment!P. Satyanarayan Patra Vs. State of Orissa
Court: Orissa
Decided on: Sep-22-1993
Reported in: 1994(I)OLR220
B.N. Dash, J.1. Aggrieved by the decision of the learned second Additional Sessions Judge, Berhampur upholding the conviction Under Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act') and the sentence passed thereunder, the accused-petitioner has preferred this revision.2. In short, the prosecution case is that on 12-7-1988 at about 12 noon the Food Inspector (PW 3) along with the Sanitary Inspector (PW1), Vigilance Sub-Inspector (PW 2) and the Vigilance Inspector (PW 4) went to the grocery shop of the accused situated at village Dengapodar and made statutory, purchase of Suji, Chana Dal (Bengal gram) and tank refined oil for the purpose of analysis. Each of the samples was divided into three equal parts and all the parts were kept separately in different containers which was duly sealed. One sample from each of the aforesaid articles was sent to the Public Analyst for the purpose of examination and the other two samples from each of the article...
Tag this Judgment!Chandramani Singh Vs. Premalata Mohanty
Court: Orissa
Decided on: Sep-22-1993
Reported in: 1993(II)OLR553
S.C. Mohapatra, J.1. This is an appeal purported to be under Sec, 19 of the family Courts Act- 1984 (for short 'the Act').2. Appellant initiated a proceeding against opp. party in the Court of Subordinate Judge, Jagatsinghpur under Sac. 13 of the Hindu Marriage Act, 1955. In an application under Sec 19 of the Hindu Marriage Act, interim maintenance at the rate of Rs. 300/- per month and litigation expenses of Rs. 100/- was granted. On constitution of Family Court, the proceeding stood transferred to the said Court Under Section 8(c) of the Act. While appellant continued to pay, there was an arrear of Rs. 2,400/-. Wife filed an application before the Family Court to give a direction on basis of which direction was given, Wife filed an application to direct appellant to pay arrear litigation expenses at the rate of Rs. 100/-per month as directed, by learned Subordinate Judge, Family Court having accepted the prayer of wife in the impugned order, this appeal has been filed.3. Stamp Report...
Tag this Judgment!Arjun Kumar Agrawal Vs. S.C. Kanungo, Income-tax Officer and anr.
Court: Orissa
Decided on: Sep-21-1993
Reported in: [1993]204ITR749(Orissa)
A. Pasayat, J.1. The petitioner, Arjun Kumar Agrawal, and three others, partners of a partnership firm, styled Messrs. Shankar Textiles, are accused persons in 2(c). C. C. No. 71 of 1991 pending in the Court of the Additional Chief Judicial Magistrate (Special Court for Economic Offences), Cuttack. On the basis of a complaint filed by the Income-tax Officer, Dhenkanal (opposite party No. 1 herein), the aforesaid case was instituted on the allegations, inter alia, that (a) the accused persons have wilfully attempted to evade payment of tax, penalty or interest chargeable or imposable under the Income-tax Act, 1961 (in short, 'the Act'), by suppressing and/or concealing their assessable income, thereby rendering them liable to be prosecuted under Section 276C of the Act, and (b) the accused persons made false statements during verification by knowingly delivering statements and/or accounts which are false, thereby committing an offence under Section 277 of the Act. After appearance in co...
Tag this Judgment!Ghasiram Das Vs. Srimati Arundhati Das and anr.
Court: Orissa
Decided on: Sep-17-1993
Reported in: AIR1994Ori15; I(1994)DMC578
P.C. Misra, J. 1. This case exemplifies that justice delayed is justice denied. This appeal-arises out of a suit filed by the present appellant praying for restitution of conjugal rights Under Section 9 of the Hindu Marriage Act. The suit was instituted on 16-11-68 and the dispute is still pending in this appeal. At the institution of the suit the plaintiff-husband is described in the plaint as 42 years of age and that of the wife-respondent, against whom the prayer for restitution of conjugal rights was prayed for, was 35 years of age. During pendency of the litigation for the last 25 years the husband must have been 67 years old and the age of the wife must have been 60 years and the restitution of conjugal rights, if allowed hereafter will carry no sense. 2. The history of the case as narrated by the learned trial Court in the judgment passed in the suit is that the plaintiff had earlier filed a suit for restitution of conjugal rights in the court of District Judge, Bolangir in the ...
Tag this Judgment!Adikanda Joshi Vs. Annarpurna Joshiani and anr.
Court: Orissa
Decided on: Sep-16-1993
Reported in: I(1994)DMC69
S.C. Mohapatra, J.1. Defendent is appellant against a decree for maintenance, separate residence and marriage expenses payable to second wife and daughter.2. Although defendant was married and was having sons, he married plaintiff No. 1 again in the year 1954. Shortly after marriage, dispute arose. Birth of a female child could not mitigate the dispute and plaintiff No. 1 had to leave the matrimonial home in take year 1958 with her daughter leaving protection of the husband to take shelter in paternal home. In the year 1961 she filed a suit against defendant and his family members for maintenance of both mother and daughter. It was decreed directing payment of maintenance at the rate of Rs. 35/- per month making the entire joint family property measuring about 10 acres charged for the same. In 1970, mother and daughter filed the suit for enhancement of maintenance, cost of residence and marriage expense of the daughter. In place of Rs. 33/-, they claimed Rs. 200/- per month. Besides ma...
Tag this Judgment!Jagdish Prasad Jaiswal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-15-1993
Reported in: 1993(II)OLR476
B.L. Hansaria, C.J.1. A tragedy took place in Cuttack on 7th May, 1992. It was liquor tragedy; it was a man made tragedy. It is the magnitude of the tragedy (it took 124 human lives according to the State) which led all concerned to think how best it can be prevented. The Excise Department on its own took up this matter, as it ought to have, and a study was undertaken to find out whether there was anything wrong in the policy adopted by the State relating to grant of liquor licence which had led to the tragedy. The Department in right earnest got into the matter and first examined whether a case of prohibition exists for which demands were raised after the liquor tragedy. A Cebinet memorandum, which is available to us as Annexure 9, states that the policy of prohibition in the State was not found acceptable because of the reasons contained in that annexure to which we do not propose to advert as we are not concerned with that policy in the present batch of cases. But then, a hard think...
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