Orissa Court December 1994 Judgments
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Sri Narayan Prasad Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-1994
Reported in: 1995(II)OLR361
P.C. Naik, J.1. This order shall also govern the disposal of OJC. No. 827/92 (Smt. Kamala Saha v. State of Orissa) OJC No. 1359/92 (Ganouri Prasad v. State of Orissa) and OJC No. 1361/92 (Lalan Prasad Gupta v. State of Orissa). The petitioner has filed this petition for quashing the fixation of the Minimum Guaranteed Quantity (in short, 'M. G. Q') in respect of his liquor shops and also prays for issuance of an appropriate writ, direction or order, quashing the notice of demand dated 9-12-1991 (Aunexure-3 to the petition) whereby the petitioner is required to pay a sum of Rs. 1,80,150/- towards the duty, on shortfall in lift the M.G.Q.2. The facts giving rise to the petition are hereafter stated :The petitioner is an Excise Contractor. For the year 1991-92 (1-4-1991 to 31-3-1992) tenders were invited by the Collector, Kalahandi for granting exclusive privilege in respect of country spirit in the District of Kalahandi. The petitioner and others participated in the auction-cum-tender. As...
P.K. Sarangi Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-20-1994
Reported in: 1995(I)OLR319
A. Pasayat, J.1. Petitioner calls in question legality of order dated 11-3-1992 passed by Judicial Magistrate First Class Bhawani-patna taking, cognizance of offences punishable under Sections 176 and 202 of the Indian Penal Code, 1860 (in short IPC) and directing issue of notice to him to face trial. Action was taken on the purported exercise of power conferred under Section 319 of the Code of criminal Procedure, 1973 (in short, the Code on the basis of an application filed by one Uma Sankar Mund (opp. party No. 2) (hereinafter referred to as the accused Petitioner's application for revision of the order before learned Sessions Judge Kalahandi Bhawanipatna did not bring any relief and thereafter this application has been filed.2. Background facts sans unnecessary details are as follows : Petitioner while working as Project Manager in Kalahandi Utilisation Division of Similipahar Forest Development Corporation Ltd. (in short, 'Corporation' ) detected certain forgeries and misappropriat...
Nabaghana Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-20-1994
Reported in: 1995(II)OLR281
G.B. Patnaik, J.1. The petitioner who has been appointed as Assistant Teacher of an aided educational institution against the trained Matric post and is continuing as such since 1-7-1976, has approached this Court for declaration that he is senior to opp. party Nos. 5 and 6 and, therefore, would be entitled to be adjusted against the trained Graduate post It alleged that opp. party Nos. 5 and 6 after becoming Graduate were appointed as Asst. teachers against the sectional posts in the trained Intermediate scale with effect from 1-9-1977, roughly one year and two months after the petitioner's appointment against the trained Matric post. The petitioner acquired B. Ed. degree on 5-6-1982 and opp. party Nos. 5 and 6 acquired B. Ed. qualification on 5-3-1983. Therefore, taking the length of service and acquiring B. Ed. qualification prior to opp. party Nos. 5 and 6 into consideration, the petitioner must be deemed to be senior to the opp. party Nos. 5 and 6. The further case of the petition...
National Insurance Company Ltd. Vs. Colap Parik and ors.
Court: Orissa
Decided on: Dec-19-1994
Reported in: (1995)IILLJ1232Ori; 1995(I)OLR668
Pasayat, J.1. National Insurance Company Limited has filed this application highlighting certain difficulties as countered by parties appearing before various authorities under the Workmen's Compensation Act, 1923 (in short, the 'Act'). It is stated that in respect of identical cases under the Act, arrangement can be made to take up connected matters, otherwise possibility of diametrically opposite views being expressed cannot be ruled out. It is indicated that there is no system of maintaining a diary in the respective office of the authorities, and so cause lists arc placed in order to enable a party to know about the adjourned dates. There is no uniformity observed by the authorities in directing deposits out of awarded amounts, and uniform pattern of deposit would he in the interest of all concerned.2. By way of illustration, reference is made to a particular case, i.e. W.C. Case No. 522-D of 1993 which according to (he petitioner has links with some other cases, namely, W.C. Case ...
Laxmi Agency and Vs. the State of Orissa, Represented Through Secretar ...
Court: Orissa
Decided on: Dec-19-1994
Reported in: 1995(I)OLR671
A. Pasayat, J.1. In both the writ applications, assessment made under Section 12 (8) of the Orissa Sales Tax Act, 1947 (in short, the 'Act') by the Sales-tax Officer, Ward E, Ganjam I Circle, Berhampur (hereinafter referred to as the 'assessing officer') is the subject-matter of challenge by two assessees.2. The controversy revolves round the question whether prior to insertion of the expression 'including de-soiled cake' by notification No. 1132-CTA-42/91-F. dated 30-3-1991 operative with effect frorm 1.4.1991, 'oil cake' also included de-oiled cake.. According to the assessee the notification was merely clarificatory in nature while the Revenue's stand is that only with effect from 1-4-1991, after the notification, oil cake would include de-oiled cake. Entry 300 in the list of goods relates to tax-free goods. The entry prior to 1-4-1991 and with effect from 1.4.1991 reads as follows: Prior to 1-4-1891:'Entry No. 300 : Sale of feed and fodder such as husk, straw, grass, oilcake and ma...
National Insurance Company Limited Vs. Golap Barik and ors.
Court: Orissa
Decided on: Dec-19-1994
Reported in: II(1995)ACC330
A. Pasayat, J.1. National Insurance Company Limited has filed this application highlighting certain difficulties encountered by parties appearing before various authorities under the Workmen's Compensation Act, 1923 (in short, the 'Act'). It is stated that in respect of identical cases under the Act, arrangement can be made to take up connected matters, otherwise possibility of dismetrically opposite views being expressed cannot be ruled out. It is indicated that there is no system of maintaining a diary in the respective offices of the authorities and no cause lists are placed in order to enable a party to know about the adjourned dates. There is no uniformity observed by authorities in directing deposits out of awarded amounts, and uniform pattern of deposit would be in the interest of all concerned.2. By way of illustration, reference is made to a particular case, i.e. W.C. Case No. 522-D of 1993 which according to the petitioner has links with some other cases, namely, W.C. Case No...
Commissioner of Income-tax Vs. Dr. Usharani Panda
Court: Orissa
Decided on: Dec-13-1994
Reported in: (1995)129CTR(Ori)388
1. On an application being filed by the Revenue under Section 256(2) of the Income-tax Act, 1961, this court directed the Tribunal to refer the following question of law for the opinion of the court :'Whether the Tribunal was justified in holding that the claim of deduction under Section 80C was allowable though there was no direct nexus of the investment with the income chargeable to tax shown by the assessee during the year in question ?'2. The short facts necessary for expressing the opinion on the question of law formulated by this court are that an individual had purchased the National Savings Certificates of Rs. 30,000 during the assessment year 1985-86 and claimed deduction on that score under Section 80C of the Income-tax Act. The aforesaid certificate had been purchased out of a fixed deposit of Rs. 40,158 made earlier which matured on January 10, 1985. The Assessing Officer did not allow the deduction to the assessee under Section 80C on the ground that the amount from which ...
Kanhu Charan Patra Vs. State of Orissa
Court: Orissa
Decided on: Dec-13-1994
Reported in: 1996CriLJ1151
ORDERB.N. Dash, J.1. These two revision petitions are directed against the judgment of the learned Second Addl. Sessions Judge, Ganjam, Berhampur whereby he has confirmed the judgment of the trial court convicting the petitioners under Sections 457/34 I. P.C. and 354/34 1.P.C. and sentencing them to each undergo rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of six months under Section 457/34 and to undergo rigorous imprisonment for one year under Section 354/34 IPC, with a direction that the sentences shall run concurently.2. Shortly stated, the prosecution case is that on 2-7-1989 at about 11.30 P.M. while Radha Charan Palnaik (P.W. 10) was returning to his rented house from the market, he found on a junction near his house some persons to have been injured. He rushed to his house and returned to the junction with some face powder and neosprin ointment. Not being satisfied with such medicine, the pet...
Somanath Mahaswara and ors. Vs. Orissa State Road Transport Corporatio ...
Court: Orissa
Decided on: Dec-12-1994
Reported in: AIR1995Ori186; 1995(I)OLR96
D.P. Mohapatra, J. 1. These four writ applications involve common questions of fact and law and the relief sought is similar. With consent of learned counsel for the parties, the cases were heard together and they are being disposed of by this common judgment. 2. The petitioners who are owners of buses had joined the banner scheme formulated by the Orissa State Road Transport Corporation (for short, 'the Corporation') in pursuance of the said scheme they had entered into agreements with the Corporation in the prescribed form. Initially the scheme was introduced in 1981 which was withdrawn after sometime; a revised scheme was introduced in 1983 which was modified in the year 1985. The scheme was finally withdrawn in 1989 in view of the judgment rendered by this Court on 10-4-89 in a batch of writ applications, O.J.C. Nos. 1729, 1730, 1894, 1895, 1896, 2925, 4025 of 1987 and other cases. Inthe said judgment this court held, inter alia, that the action of the Corporation in entering into ...
Pitabash Sahoo Vs. Sri G.R. Mohanty and anr.
Court: Orissa
Decided on: Dec-12-1994
Reported in: 1995(I)OLR203
R.K. Patra, J.1. We have heard Shri G. S. Rath, learned counsel for the petitioner, and Shri B. K. Nayak, learned Additional Government Advocate.2. Shri Rath submitted that the present being a civil contempt, as defined in Section. 2(b) of the Contempt of Courts Act. 1971 thereinafter referred to as 'the Act') is to be heard and determined by a single Judge and if it would be heard and disposed of by a Division Bench, the aggrieved party would be deprived of the right of appeal to a Division Bench as provided in Section 19(1)(a) of the Act. We find sufficient force in this submission. Section 18 of the Act provides that case of criminal contempt criminal contempt is defined in Section. 2(c)] shall be heard and determined by a Bench of not less than two Judges. Section 19(1) provides that an appeal shall lie as of right from the order or decision of a single Judge to a Bench of not less than two Judges of the Court and where the order or decision is that of a Bench to the Supreme Court....
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