Orissa Court May 1994 Judgments
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Chandrakant Jayantilal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-1994
Reported in: AIR1994Ori321
G.B. Patnaik, J. 1. The petitioner, a registered firm and engaged in the business of weighing scales assails the award of contract for supply of 21977 sets of weighing scales for World Bank aided ICDS Project to opposite party No. 4, inter alia, on the ground that opposite party No. 4 who was not eligible for giving the offer was allowed to give the offer and was given the contract and also on the ground that the decision of the Procurement Committee while evaluating the bids became vitiated by taking into consideration the payment of sales tax on the supply in question, even though it was prohibited for being considered under Clause 25.2 of a set of instructions called 'Instructions to Bidders' annexed as Annexure-3. 2. The Government of India had received a credit from the Inter National Development Association of the World Bank to the extent of 106 million U.S. Dollars towards the cost of the World Bank assisted ICDS Projects and intended to apply part of the same for purchase of we...
Smt. Pravati Mishra Vs. Jagadananda Mishra and anr.
Court: Orissa
Decided on: May-11-1994
Reported in: 78(1994)CLT561; 1994(II)OLR625
A. Pasayat, J.1. Judgment passed by learned Subordinate Judge, Puri in O.S. No 31/83 of 1986/82 is the subject matter of challenge in both the appeals though on different grounds. The suit was filed by Jagadananda Mishra, appellant in F, A. No. 70 of 1993 purportedly Under Sections 13 and 14 of Hindu Marrage Act, 1955 (in short, the 'Act'), praying for dissolution of his marriage with Pravati, appellant. In F A, No. 245 of 1991, by passing a decree of divorce, on the ground that Pravati was of subnormal state of mind which was uncurable in nature. His case synoptically is as follows :He married Pravati on 4-2-1982, accrding to Hindu customary rites. After marriage he discovered that Pravati was suffering continuously from mental disorder of such a kind and to such an extent that it would not be reasonably expected to live as husband and wife with her. She has incomplete development of mind and was suffering from psych- athic. disorder of mind, and, was possessed intelligence of a three...
Jubla Kumar Jothi and Etc. Vs. State Transport Authority and ors.
Court: Orissa
Decided on: May-10-1994
Reported in: AIR1994Ori282
G.B. Patnaik, J.1. The question of law involved in both these writ applications being common they were heard together and are being disposed of by this common judgment. An interesting question of law arises with regard to the procedure for hearing applications for grant of temporary permits on a specified route, namely, whether all the applications made for grant of temporary permits in a route are required to be considered together and the permit granting authority commits any error in not disposing them of together and secondly, whether in the present two cases, on the facts and circumstances, propriety demanded consideration of all the applications, for grant of temporary permits together.2. The petitioner in OJC No. 2726/ 94 was an applicant for grant of a temporary permit on an inter-State route Narasinghpur to Calcutta and he filed his application for grant of such permit before the S.T.A., Orissa on 30-12-93. Though an application for grant of temporary permit is required to be ...
Bhima Mallik Vs. State of Orissa
Court: Orissa
Decided on: May-10-1994
Reported in: 78(1994)CLT621; 1994(II)OLR110
A. Pasayat, J.1. Can statement be recorded under Section 164 of the Code of Criminal Procedure, 1973 (in short, the 'Cr PC') by a Magistrate at the instance of informant is the sole question that falls for adjudication in this application.2. Petitioner Bhima Mallik, who is the informant in G. R. Case No. 533 of 1993 pending in the Court of Judicial Magistrate, first class, Soro, made a motion before the learned Magistrate for recording his statement under Section 184, Cr PC. The prayer was refused by the learned Magistrate on the ground that (a) the Investigating Officer did not agree to such examination, and (b) a similar motion by Assistant Public Prosecutor was rejected earlier.3. Learned counsel for the petitioner submitted that the course adopted by learned Magistrate in seeking agreement of the Investigating Officer is not in accordance with law. It is incumbent upon the Magistrate to record the statement when a motion is made by the informant. Learned counsel for State on the ot...
Niranjan Nayak Vs. Ramesh Kumar Mohapatra and anr.
Court: Orissa
Decided on: May-10-1994
Reported in: 78(1994)CLT659; 1994CriLJ3821
A. Pasayat, J.1. An interesting question relating to ambit and import of the expression 'a sentence of imprisonment for more than seven years' appearing in Sub-section (2) of Section 374 of the Code of Criminal Procedure, 1973 (in short, the 'Code') has been raised in this application. According to the petitioner, it includes imprisonment to be undergone in default of payment of fine.2. Background in which the application has been filed is as follows :One Ramesh Kumar Mohapatra has been convicted for an offence punishable under Section 376 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced to undergo rigorous imprisonment for seven years, and to pay a fine of Rs. 2,000/ -, in default to undergo rigorous imprisonment for six months. An appeal filed by aforesaid Ramesh has been registered as Criminal Appeal No. 129 of 1993 in the court of learned Sessions Judge, Puri. According to the petitioner, the total sentence inclusive of default sentence being in excess of seven years,...
Harish Chandra Singh Vs. State of Orissa
Court: Orissa
Decided on: May-10-1994
Reported in: 1995(I)OLR46
S.K. Mohanty, J.1. This revision arises out of an appellate Judgment confirming the conviction of the petitioner for the offence under Section 408. IPC. In the trial Court, petitioner was sentenced to undergo rigorous imprisonment for three years and fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three months. In appeal only the substantive sentence of imprisonment has been reduced to two years.2. Prosecution story in brief is that the informant (PW 1) owns a grocery shop inside Baripada Market complex where the petitioner was working as a Salesman On 14-9-1986 at about 6-30 P. M., the informant sent the petitioner with a letter addressed to the younger son PW 4 to fetch Rs. 10,000/- from his residence. Accordingly, the petitioner went and showing the letter to PW 4 brought Rs. 10,000/-from him. But instead of returning to the shop and delivering the amount to informant, he went away with the amount and thus, committed the offence of criminal breach of trust in res...
Purnachandra Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-06-1994
Reported in: 1994(II)OLR48
G.B. Pattnaik, J.1. The order of the District Panchayat Officer. Dhenkanal, dated 30th of June, 1990, annexed as Annexure-12, with- drawing the approval of the petitioner's appointment as Secretary of Tulsipal Grama Panchayat is being challenged in this, writ application, inter alia, on the ground that there is no provision conferring such power of withdrawal of an approval once accorded by the District Panchayat Officer under the provisions of the Orissa Gram Panchayat Rules.2. The petitioner's case in nutshell is that under Rule 212 of the Orissa Grama Panchayat Rules, 1968, (hereinafter referred to as the 'Rules'), the petitioner was appointed as the Secretary of Kankinali Grama Panchayat in the year.-1971 and joined the said post on 2-1-1971. The aforesaid Grama Panchayat was renamed as Tulsipal Grama Panchayat under Gazatte notification dated 9-9-1974 and the petitioner continued as the Secretary of the said Grama Panchayat. Initially the, petitioner had been granted the remunerat...
Dredging Corporation of India, Paradip Port Vs. State of Orissa Repres ...
Court: Orissa
Decided on: May-06-1994
Reported in: 1994(II)OLR172
A. Pasayat, J.1. The six applications under Section 24 (1) of the Orissa Sales tax Act, 1947 (in short, the 'Act') and the writ applications are interlinked, and therefore, are disposed of by this common judgment.2. M/s. Dredging Corporation of India (hereinafter referred to as 'assessee') entered into an arrangement with Paradip Port Trust (hereinafter referred to as 'Port Trust') for the purpose of dredging outer approach channel, inner approach channel, entrance channel, turning circle/lagoon, general cargo berth/ iron ore berth, fertilizer berth, mooring berth and sand trap of Port Trust. Payments made by the Port Trust to the assessee were treated as hire charges for transfer of the right to use dredgers for specified period and as such tax was levied thereon purportedly under Section 2 (g) (iv) of the Act. For years 1984-85 and 1985-86 assessments were made under Section 12 (8) of the Act. For year 1986-87 assessment was completed under Section 12 (4) of the Act, Demands raised i...
Madhab Digai Vs. the State
Court: Orissa
Decided on: May-06-1994
Reported in: 1995CriLJ1206
ORDERK.L. Issrani, J.1. This is a revision petition against the judgment and order dated 4th May, 1993 passed by the District and Sessions Judge, Phulbani, in Criminal Appeal No. 53 of 1992, arising out of the judgment and order dated 24-9-1992 passed by the learned Assistant Sessions Judge, Phulbani in Sessions Trial No. 63 of 1992 convicting the accused-applicant for the offence under Section 324, IPC, and sentencing him to undergo R.I. for one year.2. According to the prosecution, on 15/16-1-1990 during the night Turu Mal, the wife of Bijoya Naik (P.W. 2) went outside the house to attend the call of nature. When there was delay in her coming back, P.W. 6, her mother-in-law, went in search of her and to her dismay she found Turu Mal in a compromising position with the accused-applicant. At the sight of P.W. 6, the accused-applicant fled away. Turu Mal returned home getting information of this fact from his mother, P.W. 2 got annoyed upon his wife and inflicted two slaps on her. On th...
Ajaya Kumar Naik Vs. State of Orissa
Court: Orissa
Decided on: May-04-1994
Reported in: 1995CriLJ82; 1994(II)OLR70
D.M. Patnaik, J.1. On information that the appellant was allegedly trafficking in brown sugar, the police raiding party nabbed him in his residence situate in Dhannkuti Sahi in Puri town on 9-4-1990 around 10 a. m. and recovered from his pant pocket ten grams of heroin in a paper packet.On trial he was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short, the 'Act') and sentenced him to undergo R.I. for ten years with a fine of rupees one lakh which he assails in this appeal.The appellant denied the indictment.2. Mr. Deepak Mishra, the learned counsel for the appellant did not challenge the recovery of that particular quantity of brown sugar and that too rightly, since though the two independent witnesses did not support the prosecution case, this Court, after going through the evidence of the rest of the witnesses who were police personnel is satisfied that there is no infirmity in their evidence to disbelieve the fact of recovery. The chemical r...
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