Orissa Court January 1995 Judgments
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Mahabir Soap and Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-16-1995
Reported in: AIR1995Ori218; 1995(I)OLR472
D.P. Mohapatra, J.1. These two cases involve common question of facts and law; the disputes raised in both the cases is similar and the parties are also the same. Therefore with the consent of learned counsel for the parties the cases were heard together and they are being disposed of by a common judgment.2. The case involves interpretation and interplay of the relevant provisions of the Environment (Protection) Act, 1986 (Act No. 29 of 1986) and the rules framed under it and the Water (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) and the rules framed thereunder. Both the writ petitions have been filed by M/s. Mahabir Soap and Gudakhu Factory represented by its Managing Partner, Sri Govindram Agar-walla against the Union of India represented by its Secretary in the Ministry of Environment and Forest, Member-Secretary, Orissa State Prevention and Control of Pollution Board and the Collector and District Magistrate, Balangir.In O.J.C. No. 4388 of 1990, the petitione...
Mangulu Kanhar and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-1995
Reported in: 1995CriLJ2036
ORDERD.M. Patnaik, J.1. This revision is against the order of conviction of the petitioners under Section 307/34, IPC and sentence of R.I. for 3 years and 2 years respectively.2. Prosecution case is, on 22-6-1990 around 7 a.m. P.W. 1 was carrying on some cultivating operation in his land with the help of labourers (P.Ws. 3 and 4). At that time petitioner No. 1 being armed with a bamboo lathi (Thenga) and petitioner No. 2 armed with a tangia came over there and challenged the P.Ws. P.W. 1 objected to this, whereafter petitioner No. 1 assaulted P.W. 1 with lathi blows on his right and left legs and after the injured fell down, petitioner No. 2 inflicted tangia blows on the right knee and head of P.W. 1, causing incised injuries endangering life. Petitioners in their defence took the plea that it was P.W. 1 and his men being armed with sharp cutting weapons came over to their land and damaged the paddy plants with a Mahi and when so objected by the petitioners, they assaulted with sharp c...
Sabari Art Printers and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-13-1995
Reported in: 1995(I)OLR271
R.K. Patra, J.1. Petitioner No. 2, Baidyanath Panda, was the managing partner of petitioner No. 1, Messrs. Sabari Art Printers, which was a registered firm. They were prosecuted for the offences punishable under Sections 276C and 277 read with Section 278B of the Income-tax Act, 1961. The trying magistrate has found the petitioners guilty under the aforesaid provisions and convicted them thereunder sentencing petitioner No. 2 to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100 with a defaulting sentence on each count. Petitioner No. 1 represented by petitioner No. 2 has been sentenced to pay a fine of Rs. 500 with a defaulting sentence on each count. The sentences are to run consecutively. The aforesaid conviction and sentence was challenged by the petitioners in appeal which was without any success. Hence, this revision.2. The prosecution case was that petitioner No. 1 represented by its managing partner--petitioner No. 2--was a registered firm which was eng...
Sanyasi Charan Jena and ors. Vs. Rai Charan Jena and ors.
Court: Orissa
Decided on: Jan-13-1995
Reported in: 1995(I)OLR350
A. Pasayat, J.1. The scope and ambit of Section 60 of the Orissa Land Reforms Act, 1960 (in short, the 'Act') falls for consideration in this case.2. A brief reference to the factual aspects would suffice.Petitioner No. 1 Sanyasi filed an application before the Revenue Officer, Binjharpur for assessment of rent in respect of accreted land of plot No. 609 of khata No. 193 of mauza Golakund. Petitioners claimed it to be a stitiban holding measuring an area of A0. 17 decimals. According to them, in course of time, the bed of river Brahmani receded towards north leaving a vast track of land to be cultivated by the adjoining land owners. In this alluvial process, an area of A0. 52 decimals was accreted to the petitioners' plot No. 609. Petitioners claimed to be the owners of the accreted land. A proceeding under Section 21 of the Act was registered as O.L.R. case No. 6 of 1990. The Revenue Officer made an enquiry through the Amin and accepted the petitioners' claim by order dated 7-9-1990. ...
Naresh Chandra Pradhan Vs. State of Orissa, Represented Through Secret ...
Court: Orissa
Decided on: Jan-13-1995
Reported in: 1995(I)OLR420
A. Pasayat, J.1. Petitioner prays for a writ of certiorari quashing resolution of the managing committee of Nuabazar High School, dated 9.2.1990 (Annexure-2) relating to promotion/fitment of opp. party Nos. 5 and 6 against the trained graduate posts, approval thereof by order dated 14.8.1991 (Annexure-3) of the State Government. and for a writ of mandamus commanding the opposite parties to treat the petitioner as a regular teacher with effect from 28-8-1982, to grant salaries for the break periods, and summer vacations, and to declare him to be senior to opp. party Nos. 5 and 6.2. Facts situation as indicated by the petitioner are as follows : On 23-8-1982, the petitioner was appointed as an Assistant Teacher of Nuabazar High School against a trained matric post on ad hoe basis for 89 days. His appointment was extended from time to time on 89 days basis with one day break, as no Selection Board candidate was available to be adjusted in the school. On 22-3-1983, opp. party No. 6 was app...
Sailendra Barik and ors. Vs. Addl. District Magistrate and ors.
Court: Orissa
Decided on: Jan-13-1995
Reported in: 1995(I)OLR412
1. In a proceeding under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956, commonly known as Regulation 2 of 1956, sale in favour of petitioners father Kunja Barik by opp. party No. 3's father Surendra Naik was held to be void in the absence of requisite permission from the competent authorities. Conclusions of Revenue Officer, Bamanghaty (opp. party No. 2) were affirmed in appeal by Addl. District Magistrate, Mayurbhanj (opp. party No. 1). Motion for such declaration was made by Shyama Charan Naik (opp. party No. 3).2. The proceeding has a chequered career. A few dates are relevant for adjudging whether conclusions are correct. The sale deed was executed on 20-6-1972 and proceeding for restoration was initiated on 8-11-1977 by opp. party No. 3. The Revenue Officer accepted the plea of Shyama that transaction was void. His order was assailed in appeal. The appellate authority set aside the order with a direction to examine impartial witne...
Jyoti Sankar Tripathy Vs. the State
Court: Orissa
Decided on: Jan-13-1995
Reported in: 1995CriLJ3048; 1995(I)OLR409
R.K. Patra, J. 1. The appellant stands convicted under Section 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 3,000/- with a defaulting sentence.2. Prosecution case is that on 6-12-1989 at about 9 30 a.m. while PW 1 (victim) was going to Kundi Ashamani High School, the appellant suddenly appeared on the way and gave a push to her as a result of which she fell down on the ground. The appellant thereafter pounced upon her and dragged her under garment and attempted to have sexual intercourse with her. At that, time PW 7 who had come to attend call of nature heard the cry of PW 1 and came to the spot. On seeing PW 7, the appellant took to his heels. In respect of the said incident FIR was lodged by PW 2, the father of the victim PW 1. Investigation commenced and the appellant was put up for trial which has ended in his coviction, as aforesaid.3. The plea of the appellant was one of denial. His case was that he was not...
Dabur India Ltd. Vs. Commissioner of Sales Taxs and ors.
Court: Orissa
Decided on: Jan-12-1995
Reported in: 1995(I)OLR264
A. Pasayat, J. 1. These three writ applications involve a common dispute and therefore, are disposed of by this judgment which shall govern each one of them. For the assessment years 1990-91-1991-S2 and 1992-93 Petitioner has been assessed to extra demands of sales tax by the Sales Tax Officer Cuttack-(II) Circle Cuttack. For the assessment years 1990-91 and 1991-92 assessments originally completed under Section 12(4 of the Orissa Sales Tax Act, 1947 (.in short, the 'Act ) were re-opened and re-assessments under Section 12(8) of the Act have been made, while for the assessment year 1992-93, assessment has. been made under Section 12(4) of the Act. The assessing officer was of the view that 'Lal Dantamanjan' (Red tooth powder) sold by petitioner is to be taxed as non-classified item @ 12%, instead of 4% as claimed by the petitioner. Undisputedly, petitioner based its claim on SI. No. 37 of the Rates of Sales Tax as notified under Notification No. 21957-CTA-98/90-F., dated 30.6.1990, whi...
Ramesh Chandra Mohanty Vs. State
Court: Orissa
Decided on: Jan-10-1995
Reported in: 2000(II)OLR603
S. Chatterji, J.1. The present application under Section 482 read with 397 of the Code of Criminal Procedure at the instance of one Ramesh Chandra Mohanty, accused inG.R. Case No. 96 of 1993, pending in the Court of Sub-Divisional Judicial Magistrate, Nayagarh, challenges the criminal trial and for quashing the entire criminal proceeding on the ground that the accused is a member of the Armed Forces of the Union of India and at present he is working as a Naik in the Indian Army. It is further disclosed that in view of the certificate vide Annexure-1 to the writ petition that the petitioner was present in unit location on 14.3.1993 at 06.00 hrs. and on 13.3.1993 he was on his way to the Regiment. The function of the accused as Army Naik is not in dispute.2. A short point of law has been raised before this Court. Attention of the Court has been drawn to Section 69 of the Army Act, 1950. It is provided that subject to the provisions of Section 70, any person subject to this Act who at any...
Laxman Nath Das and anr. Vs. Deputy Secretary (Examination), the India ...
Court: Orissa
Decided on: Jan-09-1995
Reported in: AIR1995Ori277; 1995(I)OLR435
Pasayat, J.1. In each of the two writ applications the concerned petitioner has challenged the order dated 20-8-1992 of the Indian Institute of Bankers (in short, the 'Institute') cancelling the result of December, 1989 Associate Examination and debarring him from appearing at the examinations of the Institute till 31-12-1994, on the ground of having adopted malpractice in the examination.2. A preliminary objecdtion was raised by Miss Das appearing for opposite party No. 1 in OJC No. 4515 of 1991, and opposite party No. 5 in OJC No. 4584 of 1991 that the Institute is a company registered under the Indian Companies Act, 1913. One of the primary aims is the advancement of study and practice of banking. It imparts training to employees of different banks, conducts examinations and issues certificates to successful candidates. Most of the banks, including nationalised banks, are institutional members and accord recognition to the certificates issued by the Institute, and take due note of t...
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