Orissa Court November 1994 Judgments
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Balbir Singh Vs. State of Orissa
Court: Orissa
Decided on: Nov-30-1994
Reported in: 1995CriLJ1762; 1995(I)OLR143
R.K. Patra, J. 1. In this application under section 482 of the Code of Criminal Procedure (in brief 'Code') the petitioner Balbir Singh seeks to qusah the order of cognizance taken under section 25 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as 'the Act') and the continuation of the proceedings against him.2. The gravamen of the allegation against the petitioner is that he permitted his vehicle to be used for commission of an offence under section 20(b) of the Act. The Prosecution case is that on 4/5-3-1993 (night) the Officer-in-charge of Boipariguda Police Station with some members of his staff was performing anti dacoity patrolling duty on the Main Road from Boipariguda to Malkangiri of the State Highway No. 6. At about 4-40 a. m. he noticed near village Tapajodi one vehicle coming from Govindapalli side towards Boipariguda. He stopped the vehicle and found that it was a Maruti ven, white in colour, bearing registration number OAS 7405. There...
United India Insurance Co. Ltd. Vs. Sasikala Sahoo and ors.
Court: Orissa
Decided on: Nov-27-1994
Reported in: (1995)IILLJ1235Ori
B.N. Dash, J.1. This appeal arises out of the order dated October 11,1991 passed by the Commissioner under the Workmen's Compensation Act-Cum-Addl. District Magistrate, Puri (hereinafter referred to as 'the Commissioner at Puri') directing payment of compensation of Rupees 69,411/- with interest at the rate of 6% per annum from the date of accident to the respondents 1 and 2 by the United India Insurance Company Limited (Appellant).2. Admittedly, the husband of respondent No. 3 was the owner of the truck bearing registration No. OSU 3375 which had been insured with the appellant. Respondents 1 and 2 claiming themselves as the dependents of late Prasanta Kumar Sahoo filed an application claiming compensation of Rs. 1,50,(KX)/- under the Workmen's Compensation Act, 1923 (in short, 'the Act') for the death of Prasanta Kumar Sahoo white in employment as a helper in the aforesaid truck. The injuries sustained by the deceased arose out of and in course of his employment as helper, as alleged...
Balabhadra Pradhan Vs. Sundarimani Devi
Court: Orissa
Decided on: Nov-24-1994
Reported in: AIR1995Ori180; II(1995)DMC60; 1995(I)OLR163
B.N. Dash, J. 1. This appeal arises out of a suit for dissolution of marriage between the parties by a decree for divorce under Section 13 of the Hindu Marriage Act, 1955 (in short, 'the Act'). Admittedly, the parties are Hindusand the appellant is the husband of the respondent, their marriage having been solemnised according to Hindu custom and rites in February, 1987. After the marriage they lived together as husband and wife peacefully for a period of three months in the house of appellant's brother in Puri town. Thereafter, the appellant-husband went away to Durga-pur in the State of Madhya Pradesh where he was working as Sepoy in the Central Industrial Security Force attached to the steel plant. The respondent-wife went away to her parents house which was also situated in Puri town at a very small distance from the house of the brother of the appellant. It is alleged by the husband that attempts were made to bring hack the wife but the same having proved abortive, he had to instit...
Madhab Pradhan Vs. Ketaki Pradhan
Court: Orissa
Decided on: Nov-23-1994
Reported in: I(1995)DMC657
A. Pasayat, J.1. In this revision application under Section 19 of the Family Courts Act, 1984 (in short, the Act'), order passed by learned Judge, Family Court, Rourkela accepting prayer for maintenance in respect of daughter of opposite party is the subject-matter of challenge.2. Ketaki (opposite party) lodged a claim under Section 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code') claiming maintenance of Rs. 1,000/- per month from petitioner Madhab for herself and her daughter alleging that she and petitioner had entered into wedlock and the daughter was their offspring. Her stand in short was as follows :She and Madhab belong to same village, Madhab was doing carpentry work along with her brothers, illicit sexual relationship developed between them, and they got married by exchanging garlands inside the jungle, Madhab led her to believe that they would be living together as husband and wife, persuaded her for sexual intercourse with him on several occasions, subseque...
Madkami Laka Vs. State of Orissa
Court: Orissa
Decided on: Nov-23-1994
Reported in: 1995CriLJ1484
S.K. Mohanty, J. 1. This appeal from jail is directed against a judgment of conviction of the appellant for the offence under section 302, I.P.C. and sentence of imprisonment for life for having killed his mother Metkami Erra. 2. Prosecution case in brief is that the appellant quarrelled with his wife (P.W.3) suspecting her character and for this reason, the wife went away to her father's place. On 7-12-89 the appellant had gone to bring back his wife, but the wife did not come. In that evening the mother abused the appellant for having gone to bring his wife. In this regard, the appellant and his mother also quarrelled in the morning of 8-12-89 at about 6 A.M. when the appellant become furious and assaulted on the head of his mother by means of an axe causing her death. After the incident the appellant fled away with the axe. 3. When the charge for the offence under section 302, I.P.C. was read over and explained to the appellant, he pleaded guilty and made the statement that out of f...
Commissioner of Income-tax Vs. Rabindranath Bhol
Court: Orissa
Decided on: Nov-22-1994
Reported in: [1995]211ITR799(Orissa)
G.B. Patnaik, J.1. On an application being filed by the Department under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following questions for the opinion of this court and a statement of the case has been made. The two questions referred are :'(i) Whether income from a house property owned by a partner and used in the business carried on by the partnership firm would qualify for the exemption provided in Section 22 of the Income-tax Act, 1961 ? (ii) On the facts and in the circumstances of the case, whether the Tribunal was justified in allowing deduction under Section 23(2) of the Income-tax Act ?' 2. The assessee, an individual, is also a partner of a partnership firm. The said assessee had allowed some rooms in his building where the partnership business was being carried on. No rent was being charged from the said partnership firm. During the assessment year 1983-84, the assessee contended that the rooms wherein the business was bei...
Sri Narayan Mohanty Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-22-1994
Reported in: 1995CriLJ1788
ORDERA. Pasayat, J.1. Order of learned Sub-Divisional Magistrate, Jaypore (in short SDM) directing institution of the case under Section 17 of the Bonded Labour System (Abolition) Act, 1976 (in short the 'Act') was assailed before the revisional forum, and learned Additional Sessions Judge, Jaypore having refused to accept the prayer for interference, this application for exercise of inherent power under Section 482 of the Code of Criminal Procedure Code, 1973 (in short the 'Code') has been filed.2. Acting on a report received from the Welfare Extension Officer, Khurda alleging that the petitioner Narayan Mohanty (hereinafter referred to as 'employer') had engaged Padam Talia (hereinafter referred to as 'Labourer') Direction for institution of the case under Section 17 of the Act was given, and parties were directed to appear before Court on 8-2-1991 to substantiate their respective claims. The report inter alia stated that the 'employer' had advanced a sum of Rs. 150/-, and the labour...
Dr. Madhav Chandra Ransingh Vs. Bijoy Kumar Tripathy and ors.
Court: Orissa
Decided on: Nov-21-1994
Reported in: 1995(2)ALT(Cri)24; 1995(I)OLR297
A. Pasayat, J. 1. Petitioner's complaint against the opposite parties for alleged commission of offence punishable under Section 500 of the Indian Penal Code, 1860 (in short, 'IPC') having been dismissed, present application has been filed for revision under Section 401 of the Code of Criminal Procedure, 1973 (in short, the Code ).2. Petitioner filed a complaint inter alia stating that on account of a publication in the daily newspaper .The Pragatibadi', under the heading SAMBADA PATRA AGENT KU AKRAMANA published with the intention to defame him, he was defamed and the opposite parties (the news-reporter, publisher Managing Director and Editor of the concerned newspaper) were liable for punishment in terms of Section 500, IPC. The learned Judicial Magistrate, First Class Banpur dismissed the complaint under Section 203 of the Code, being of the view that the publication was protected in terms of Fourth Exception to Section 499, IPC.3. The learned counsel for petitioner submitted that a...
Tejraj Parasmal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-21-1994
Reported in: 1995(I)OLR79
V.A. Mohta, C.J.1. The question that needs to be determined in this matter is :'Whether the word 'sealed' used in serial No.9 and serial No. 80 (subsequently 89) relating to tax-free and taxable goods cover both packets and containers or only packets?'2. The petitioner is a registered dealer under the Orissa Sales Tax Act, 1947 (the Act). He carries on wholesale business of purchase and sale of salt in non-sealed gunny bags and/or non-sealed nylon Packets. By three different assessment orders made by the Sales Tax Officer, Kalahandi Circle, Bhawanipatna (Annexures-1, 1/A and 1/b) these seals have been brought to tax. Aggrieved thereby this petition was filed.3. The assessment orders have been based upon the ratio of the decision of this Court in the case of Kishore Kumar Thakkar v. State of Orissa, 80(1991) STC 134, wherein it has been held that in view of entry at serial No.29 of the notification issued underSection6 of the Act and serial No. 80 of the notification under Section5 of t...
Brij Kishore Singh and ors. Vs. Smt. Nutan Singh and anr.
Court: Orissa
Decided on: Nov-21-1994
Reported in: 1995CriLJ1486
ORDERA. Pasayat, J. 1. This is an application questioning correctness of order dated 18-12-1993 passed by learned Sub-divisional Judicial Magistrate, Berhampur(in short, the 'SDJM') invoking power under Section 156(3) of the Code of Criminal Procedure, 1973 (in short, the'Code'), and directing investigation. 2. Background facts are as follows : A complaint was filed by opposite party No. 1 before the learned SDJM alleging various acts, which according to the complainant constituted offences punishable under Sections 302, 341, 406, 506, 498A read with section 34 of the Indian Penal Code, 1860 (in short, 'IPC'), and Section 4 of the Dowry Prohibition Act, 1961 (in short, the 'Dowry Act'). On receipt of complaint, the learned Magistrate felt that before proceeding under Section 200 of the Code, it was necessary to send the complaint petition to the Police for investigation under Section 156(3) of the Code: The original complaint was sent to the Inspector-in-charge of B. N. Pur Police Stat...
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