Orissa Court October 1994 Judgments
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Bhagirathi Vidyapitha, Represented Through Its President Sri Chandan S ...
Court: Orissa
Decided on: Oct-31-1994
Reported in: 1995(I)OLR288
A. Pasayat, J. 1. Petitioner claims to be a (minority institution in terms of Article 30 of the Constitution of India 19 (in short, the 'Constitution'), and questions authority of the Inspector of Schools, Sambalpur (opp. party no. 3) to constitute a managing committee in-terms of the provisions of Orissa Education (Establishment, Recognition and Management of Private Schools) Rues, 1991 (in short, the 'Rules'). According to the petitioner-institution which is represented through Sri Chandan Sigh Negi stated to be its President, is a Hindi medium school, and therefore, the Orissa Education Act, 1969 (in short, the 'Act') has no application. Stand of the State is that institution is not a minority institution. Some members of staff of the institution have prayed to be impleaded as parties.2. Facts necessary to render the decision are as follows :It is the case of the petitioner that managing committee of the institution was re-constituted by order dated 13-11-1990 (Annexure-3) to the wr...
Gangaram Patel Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-1994
Reported in: 1995(I)OLR333
A. Pasayat1. Petitioner calls in question legality of the order dated 12-5-1992 passed by the learned Judicial Magistrate, first class, Sohella directing to treat the case pending before him in 2(a) C.C. No. 83 of 1988 to be one covered by the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act ) and further directing to commit the case to the Sessions Judge Sambaipur.2. The background as portrayed by the petitioner is as follows: On 18-7-1988 the Inspector of Excise, Mobile Unit Bargarh searched the petitioner in presenceVof witnesses and found 100 grams of ganja dust from his possession. This was held to be illegal possession punishable under Section 47 (a) read with Section 55 of the Bihar and Orissa Excise Act, 1915 (in short, the 'Excise Act., After seizure the petitioner was arrested and was released on bail with a direction to appear in Court on the date fixed. Report was submitted to the Court of SDJM, Bargarh along with the seizure list. Subsequently it was...
Tara Chand Boid Vs. Shikam Chand Bhora
Court: Orissa
Decided on: Oct-28-1994
Reported in: AIR1995Ori199
1. This appeal by the plaintiff is against the confirming decree in a suit for permanent injunction restraining the defendant from interfering, with the plaintiff's possession of a truck.2. Shortly stated, the plaintiff's case is that on 26-9-1973 he purchased the truck bearing, No. A.P.S. 2707 corresponding to the registration No. O.R.K. 3031 of the erstwhile district of Koraput in Orissa for a sum of Rs. 71,267.56 from M/s. Ramadas Motor Transport (Private) Limited, Kaki-nada in the State of Andnra Pradesh. As he had no sufficient fund, he approached the defendant who is a Financier and Professional Money Lender to advance him loan for the purchase of the said truck and the defendant advance a sum of Rs. 60,000/- charging Rs. 15,400/- towards interest. The entire amount of Rs. 75,400/- was agreed to be liquidated in thirty monthly instalment of Rs. 2,600/-, the first instalment commencing from 26-11-1973. The defendant took the signature of the plaintiff in some blank docu-ments and ...
State of Orissa Vs. Arun Trading Company
Court: Orissa
Decided on: Oct-28-1994
Reported in: [2002]125STC335(Orissa)
1. On an application being filed by the department under Section 24(1) of the Orissa Sales Tax Act, 1947, the Tribunal has referred the following question for opinion of this Court :'Whether, on the facts and in the circumstances of the case, the interpretation of the learned Tribunal that as per serial No. 30-D of the rate chart of exempted goods under Orissa Sales Tax Act, oil-cake is generally tax-free, is legally correct and if its sale in course of inter-State trade is not subject to tax under Central Sales Tax Act?'The short facts are that the dealer deals with oil-cake. The books of accounts were examined in an assessment proceeding under Rule 12(5) of the Central Sales Tax (Orissa) Rules, 1957 and it was found that 303 bags of oil-cake had been sold in course of inter-State trade and commerce. The dealer did not produce any declaration in forms 'C' and 'F' in support of the transaction of oil-cake. It also did not pay the Central sales tax over the sale turnover of oil-cake. Th...
Smt. Radharani Devi and ors. Vs. Smt. Kadambini Devi and ors.
Court: Orissa
Decided on: Oct-26-1994
Reported in: AIR1995Ori88
R.K. Patra, J.1. This appeal is directed against thejudgment and order of the learned Subordinate Judge, Khurda allowing the application made under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Relevant facts may be briefly stated. Late Lala Harekmshna Singh had two wives, namely, Radharani Devi and Kadambini Devi who are admittedly sisters the former being elder to the latter. Appellants 2 to 8 are his sons through Radharani Devi who is appellant No. 1. Respondents 2 to 9 are also his sons and daughters through his second wife Kadambini who is respondent No. 1. Lala Harekrishna Singh expired on 25-1-1981. The respondents filed an application on 25-8-1986 under Section 276 of the Act for grant of letters of administration which came to be registered as T.M.S. No. 38 of 1987-II on the file of the Subordinate Judge, Khurda. Their case is that Lal Harekrishna Singh (hereinafter referred to as 'the testator') executed a will in their favour on 25-...
Janaki Ballav Patnaik Vs. State of Orissa
Court: Orissa
Decided on: Oct-25-1994
Reported in: 1995CriLJ1110
G.B. Patnaik, J. 1. The order of the learned Special Court dated 11-11-1993 in Special Court Case No. 12 of 1993 refusing the petitioner's prayer for discharge is being challenged in this writ application.2. The petitioner is the accused before the learned Special Court and is facing a charge under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act') on the allegation that he was found to be in possession of assets disproportionate to his known sources of income to the tune of Rs. 5,49,060.31 paise which he acquired by corrupt and illegal means by abusing his official position as the Chief Minister of Orissa during the period from 9-6-1989 to 7-12-1989. Before the learned Special Court, an application was filed on behalf of the accused-petitioner under Section 227 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') indicating therein that as there is no sufficient ground for proceeding against th...
Luku Paike and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-25-1994
Reported in: 1995CriLJ1207
R.K. Patra, J. 1. In this appeal the appellants challenge their conviction and sentence under Sections 302/149 and Section 148 of the Indian Penal Code (for short, I.P.C). On the first count, each of them has been sentenced to undergo rigorous imprisonment for life. No separate sentence has been awarded for the second count.2. Appellant No. 1 Luku Paike has meanwhile expired. As such, his appeal stands abated.3. The seven appellants were charged under Sections 148/302/149 of IPC on the allegation that they formed an unlawful assembly and in prosecution of the common object of such assembly, being armed with lathis and axes caused the death of Kailash Dash. Along with the appellants, two other accused persons were charged under Section 415/ 302 of I.P.C. on the allegation of abating the commission of offence of rioting and murder of the said Kailash. They have since been acquitted.4. Prosecution case is that there was a long standing dispute over a piece of land called 'chaka Bhumi' loc...
Commissioner of Income-tax and Another Vs. Parameswari Devi Sultania a ...
Court: Orissa
Decided on: Oct-24-1994
Reported in: (1995)123CTR(Ori)39; [1995]213ITR386(Orissa)
R. K. PATRA J. - The petitioners in this revision are the Commissioner of Income-tax and the Union of India represented by its Secretary in the Ministry of Finance. They as defendants Nos. 6 and 7 in Title Suit No. 6 of 1992 pending in the court of the Subordinate Judge, Sonepur, commenced by opposite party No. 1, filed a petition calling upon the learned trial judge to decide the preliminary issue as to whether the suit is maintainable being hit by section 293 of the Income-tax Act, 1961. The earned judge having decided the issue against the petitioners by the impugned order, this revision has been filed challenging its validity.A brief narration of certain basic facts is necessary to appreciate the contention raised. The case of opposite party No. 1 is that she is the daughter of Banshidhar Agarwal through his first wife, Mani Debi, whereas opposite parties Nos. 2 to 6 (defendants Nos. 1 to 5) are the sons and daughters of the said Banshidhar Agarwal through his second wife, Kamil De...
Gouranga Katual Vs. Govinda Mohapatra and ors.
Court: Orissa
Decided on: Oct-21-1994
Reported in: II(1996)ACC462; 1996ACJ93; AIR1995Ori101
Pasayat, J.1. These eight appeals areinterlinked and are disposed of by this common judgment. Eight applications were filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Act') claiming compensation on various scores in respect of an accident which occurred on 27-11-1985 resulting in deaths of Surendra Kumar Jena, Kamala Mohapatra and Kalika Dei. Their legal representatives claimed compensation, while five others who sustained injuries in the accident also claimed compensation.2. Common case of all the claimants sans unnecessary details is as follows :--On 27-11-1985, the deceased persons, injured persons and some others were travelling in a vehicle (Trekker) bearing registration No. WNF 1148, owned by Gourang Katual(hereinafter referred to as the 'owner'). Vehicle in question was subject-matter of insurance with the National Insurance Company Ltd. (hereinafter referred to as the 'insurer'). All of them were travelling from Talamundali to Puri. The driver of the ve...
Sanju Dora Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-21-1994
Reported in: 1995CriLJ3150; 1995(I)OLR237
V.A. Mohta, C.J. 1. This is a habeas corpus petition by the wife of a detenu under Section 3 of the National Security Act, 1980 (the Act).2. The impugned order of detention dated 6-3-1994 is based on various grounds including the two recent incidents dated 5-3-1994 and 23-2 1934 and the past incidents of various dates from 15-2-1986 to 11-2-1994. They all relate to the criminal and anti-social activities of the detenu, Biswanath Dora.3. The order of detention is challenged on various grounds including non-supply of translation of certain documents, such as, charge-sheets, written in English, in Oriya, the only language known to the detenu, thereby seriously prejudicing his constitutional as well as statutory right of representation. Undisputed position is that copies of some charge-sheets for various offences referred to in the grounds of detention and supplied to the detenu are in English and their translation in Oriya has not been supplied thought translation of some charge-sheets in...
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