Orissa Court December 1994 Judgments
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Narayan Bagh Vs. State
Court: Orissa
Decided on: Dec-12-1994
Reported in: 1995(I)OLR443
A. Pasayat, J.1. In this appeal, Narayan Bagh (hereinafter referred to as the 'accused') calls in question legality of judgment passed by learned Sessions Judge, Koraput, Jeypore, finding him guilty of an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act'), and sentencing turn to undergo rigorous imprisonment for one year and six months.2. Prosecution case, in brief, runs as follows :On 6.8.1993, at about 8 p. m. Patroling Police Party of Jeypore Town Police Station found the accused standing near the Old North Check Gate. Jeypore holding a polythene bag. He was accused in Jeypore Town Police Station Case No. 149 of 1993, and was to be arrested in that case. Seeing him police official got down from the jeep and went to arrest him. But on seeing them he started running. He was chased and was caught with the polythene bag in his hand. On opening the bag, ganja was found inside. He was brought to the Town Police Stati...
Sambar Malik and ors. Vs. Gopala Malik and ors.
Court: Orissa
Decided on: Dec-09-1994
Reported in: 1995CriLJ3064
ORDERA. Pasayat, J.1. This is an application under Section 432 of the Code of Criminal Procedure, 1973 (in short, the 'Code') questioning correctness of order passed by learned Sub-Divisional Judicial Magisrate, Jaipur (in short, the SDJM) taking cognizance of offence punishable Under Section 395 of the Indian Penal Code, 1860 (in short, 'IPC') and directing issue of process to petitioners. According to them, ingredients necessary to constitute an offence punishable Under Section 395, IPC are absent and cognizance as taken and direction for issue of process as given is not sustainable in law. Learned counsel for opp. parties on the other hand supports the order, abeting that learned SDJM has taken note of all relevant aspects.2. In order to constitute an offence punishable Under Section 395, IPC, evidence must prove that robbery was committed or attempted. Section 395 prescribes punishment for simple dacoity, while Sections 396 and 397 deal with grievous forms of dacoity accompanied wi...
Rama Chandra Mishra Vs. State and anr.
Court: Orissa
Decided on: Dec-08-1994
Reported in: 1995(2)ALT(Cri)21; 1995(I)OLR390
A. Pasayat, J. 1. Order of acquittal passed by learned Judicial Magistrate, first class, Bhubaneswar (in short, 'JMFC') in G. R. Case No. 1875 of 1991 is the subject-matter of challenge in this application by the informant. Maguni Charan Behera (opp. party No, 2) (described as 'accused' hereinafter) faced trial before the learned JMFC on the accusation of having committed an offence punishable under Section 406 of the Indian Penal Code, 1860 (in short, 'IPC'). Law was set into motion on the accusation of petitioner (hereinafter referred to as the 'informant'). 2. It is not necessary to set out the factual position in detail. The essential features are as follows : By order dated 15-2-1993, the learned JMFC directed issue of summons to the charge-sheet witnesses fixing their appearance to 13-3-1993. On that date no witness was present. Order was again passed to issue summons to the charge sheet witnesses 1 to 4 fixing 3-4-1993. The process was repeated on 3-4-1993, 28-4-1993 and 11-5-19...
Ranjan Kumar Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-07-1994
Reported in: 1995(I)OLR326
A. Pasayat, J. 1. Background facts preceding the presentation of this application for revision according to the petitioner are as follows: On the basis of information lodged by petitioner Ranjan Kumar Pati, described as informant, law was set into motion. According to the informant, he had ready-made garments cloth store at Haldipal bazar in Balasore district. About mid-night of 9-7-1S90, some unknown culprits secretly entered into his shop by breaking open its wall and committed theft of ready-made garments and clothes. On the next day the informant came to know the incident, verified the stock and found that articles worth about twenty to twenty-five thousand rupees were stolen. He went to the Basta Police Station and presented a written report regarding the incident. Subsequently on 16-7-1990 the stolen articles were recovered from the possession of present opp. party Nos. 2 to 4 on the basis of their voluntary confession. The articles were seized on production by the father of info...
Sarala Distributors Vs. Collector and ors.
Court: Orissa
Decided on: Dec-07-1994
Reported in: 1995(II)OLR290
P.C. Misra, J. 1. The petitioner in this writ application has been working as a Sub-wholesale dealer in Kerosene Oil being duly appointed by the licensing authority under the Orissa Kerosene Control Order, 1962. He has prayed for quashing the order of the Collector, Kendrapara in Annexure-2 in which he has tagged the Chandanpur and Sanamantia Grama Panchayats of Kendrapara Block to one Kedar Chandra Biswal impleaded in this writ application as opp. party No. 5 withdrawing the said areas from the petitioner. The facts in brief necessary for the purpose of this writ application are as follows : The petitioner claims to be a Sub-wholesaler in Kerosene Oil since 1980 and his area of operation has been specified to be six Grama Panchayats in Kendrapara Block, namely, Baro, Palasingha, Sanamantia, Gangapada, Chandanpur and Koro. For reasons best known to the concerned authorities, the petitioner was served with an order dated 3-6-1994 purported to be that of the Collector, Kendrapara that th...
Hindustan Aeronautics Ltd. Vs. Taxing Officer-cum-regional Transport O ...
Court: Orissa
Decided on: Dec-05-1994
Reported in: 1995(I)OLR81
D.P. Mohapatra, J.1. The controversy raised in these cases relates to levy of panalty for default in payment of the tax due under the Orissa Motor Vehicles Taxation Act, 1975 (the Act' for short).2. M/s. Hindustan Aeronautics Limited, Koraput represented by its General Manager which is a Govt. of India Undertaking has filed these applications under Arts. 226 and 227 of the Constitution of India for quashing the orders passed by the Regional Transport Officer-cum-Taxing Officer, Koraput ('the Taxing Officer' for short) levying penalty for default in payment of tax due in respect of certain vehicles of the Company during the period between 1977-78 and 1991-92 which were confirmed by the appellate and revisional authorities. The factual backdrop leading to the present proceedings may be stated thus:The petitioner Company owns nineteen buses registered as private vehicles/private service vehicles. Tax in respect of all the vehicles was paid under item No. 6 of the Schedule of the Act. On 2...
Binod Nayak Vs. Dasarathi Padhi and ors.
Court: Orissa
Decided on: Dec-02-1994
Reported in: AIR1995Ori175; 1995(I)OLR36
V.A. Mohta, C.J. 1. Binod Nayak, thepetitioner, and Dasarathi Padhi, opposite party No. 1, contested election for the seat of Chairman of Dhamnagar Panchayat Samiti in the district of Bhadrak. The Election Officer, on coming to the conclusion that the petitioner as well as opposite party No. 1 had secured equal number of votes, drew a lot and on such drawal of the lot the petitioner was declared as elected on 29-6-92. The petitioner assumed charge on the next day. The electionhas been set aside on the ground that one invalid vote was wrongly counted in favour of the petitioner and hence there was no valid reason to draw a lot. Consequently, on the basis of the difference of one vote, opposite party No. 1 was declared elected, he took charge of the office and is on the saddle till this day. In this writ petition, the order passed in the election petition holding the vote invalid is impugned. 2. A Division Bench of this Court, while admitting this petition, felt that the point involved n...
Laxminarayan Saw Mill and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-02-1994
Reported in: AIR1995Ori114; 1995(I)OLR1
V.A. Mohta, C.J.1. Forests of Orissa are the invaluable treasure of this culturally rich but financially poor State. In order to prevent the illegal and ruthless exploitation of this wealth, some measures were tried by the State. For varacity of reasons - theoretical as well as practical - they were found inadequate to prevent this menace and hence a more stringent measure has been introduced. It is the Orissa Saw Mills and Saw Pits (Control) Act, 1991 (the Act). The Act is intended to create a total bar against establishing or operating any saw mill or saw pit within a reserved forest, protected forest, or any forest area, or within a radius of ten kilometers from the boundary of any such forests or forests areas. Section 4 of the Act, which has imposed this restriction, reads thus-'4. Establishment and operation of saw mill and saw pit- (1) On and after the appointed day, no person shall establish or operate a saw mill or saw pit except under the authority and subjectto the condition...
Tushar Kanta Nayak and ors., Etc. Vs. Utkal University and anr.
Court: Orissa
Decided on: Dec-02-1994
Reported in: AIR1995Ori162; 1995(I)OLR176
D.P. Mohapatra, J.1. The controversy raised in these cases relates to admission of non-collegiate (private) candidates to the Post-Graduate Examinations conducted by the Utkal University ('the University' for short) in 1993. The petitioners had intended to appear in the said examinations as non-collegiate (private) candidates. When the notification dated 17-10-92 (Annexure l)was issued by the Controller of Examinations of the University inviting applications from eligible non-collegiate (private) candidates for admission to the examination, a condition was imposed that candidates securring less than 40 per cent marks in the aggregate and the subject (separately) at the degree shall not be eligible for admission to Post-Graduate Private appearance in any faculty. In the notification this stipulation was stated as an important provision for determining eligibility of the candidates. The petitioners do not fulfil this eligibility qualification. The petitioners, therefore, filed these writ...
Sri Jaganath Industries and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-02-1994
Reported in: 1995(50)ECC98; 1995(I)OLR60
V.A. Mohta, C.J.1. Whether the case of Savitri Industries v. State of Orissa, OJC No. 1269 of 1990, decided on (2-5-1991) lays down the correct position of law is the question referred to the Full Bench. It has arisen in the context of the orders passed by authorities under the Orissa Sales Tax Act, 1947 (the Act) taking a view that paper was not a raw material for preparing the exercise book and hence was not entitled to exemption under the Industrial Policy Resolutions of the State of Orissa.2. The petitioners are registered dealers under the Act. Certificates of registration issued under Section 9 of the Act, indicate the nature of their business as manufacturing and wholesale distribution. The certificates further state that the dealers intend to use paper, board, binding cloth rexines thread stitching wire, ink, maida and marble paper in the manufacture/processing of goods for re sale and that they carry on business, inter alia, of manufacturing and otherwise producing for sale ex...
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