Orissa Court November 1995 Judgments
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Rina Mangaraj Vs. State of Orissa
Court: Orissa
Decided on: Nov-27-1995
Reported in: 1996(I)OLR30
R.K. Patra, J. 1. This writ petition has come to be registered on a letter dated 20-7-1995 sent by Rina Mangaraj, the petitioner. In the said letter she has alleged that her husband Dinabandhu Mangaraj who was a taxi-driver was done to death by some persons and on discovery of the dead body it was found that his kidneys were missing, The petitioner has further alleged that she has lost faith in the investigating agency inasmuch as it has not been able to track the culprits and in the circumstances has prayed for appropriate relief from this Court.2. Pursuant to the direction, the Officer-in-charge of Konark police station has filed counter affidavit on 11-9-1995 and further affidavit on 25-10-1935. Meanwhile the petitioner has appeared through Shri S.K. Nayak, advocate, in the case by executing vakalatnama.3. We have heard Shri Nayak for the petitioner and Shri R. K. Mohanty, learned Additional Government Advocate, for the State. The deceased Dinabandhu, husband of the petitioner, was ...
Rangadhar Barik Vs. the State
Court: Orissa
Decided on: Nov-24-1995
Reported in: 1996CriLJ1531
A. Pasayat, J.1. This is an application for issue of a certificate to appeal to the Supreme Court of India under Article 134A of the Constitution of India, 1950 against judgment of this Court dated 11-7-1995 in Criminal Appeal No. 104 of 1991.2. The petitioner (applicant) Rangadhar Barik (hereinafter referred to as the 'convict') filed the aforesaid criminal appeal against the order of conviction under Section 302, of the IPC, 1860 (in short, IPC). By judgment dated 1lth July, 1995, the said criminal appeal was dismissed. The convict was duly represented by learned Advocates. After the judgment was delivered no oral prayer for grant of certificate under Article 134A of the Constitution of India was made by the learned counsel for the convict. Subsequently the convict has sent a letter from the Jail to this Court praying for grant of leave to appeal before the Hon'ble Supreme Court of India. The said letter has been treated as a petition from the convict in Jail.3. It appears from the l...
Smt. Anita Das Vs. State of Orissa, Represented Through Secretary, Hea ...
Court: Orissa
Decided on: Nov-23-1995
Reported in: 82(1996)CLT539; 1996(I)OLR274
A. Pasayat, J. 1. Petitioner calls in question legality of the order passed by the Under Secretary to Government, Health and Family Welfare Department, directing cancellation of allotment in favour of the petitioner of a twenty-four hour medicine store in the campus of Upgraded Public Health Centre, Balikuda in the district of Jagat-singhpur.2. The petition has been filed in the fallowing background.The Government took a policy decision to open Day and Night Medicine Store in all the Hospitals as well as Public Health Centres existing in the State so as to cater the needs of common people. For the said purpose number of circulars were issued by the Government laying down procedure to be adopted before making such allotment. On 13-5-1993 the Government issued a circular streamlining the existing procedure relating to opening of twenty-four hour medicine stores in the Medical College, District Headquarters, Sub-divisional Headquarters, and Hospitals etc. Applications were invited and on ...
Santosh Kumar Panda Vs. Mamatanjali Tripathy
Court: Orissa
Decided on: Nov-23-1995
Reported in: 1996(1)ALT(Cri)17; 81(1996)CLT267; 1996CriLJ2241; 1996(I)OLR27
R.K. Dash, J. 1. The petitioner is an Officer of State Police Administration and is now posted as Officer-in-charge of Orpada Police Station. The opp. party filed a complaint against him before the SDJM, Nilgiri which was registered as I. C, C. No. 48 of 1995. The learned Magistrate after conducting enquiry under Section 202, Cr PC took cognizance of the offence under Section 294 and 505, IPC and issued summons to the petitioner for his appearance. In response to the summons the petitioner entered appearance through his counsel and filed a petition under Section 205, Cr PC praying to dispense with his personal attendance. The learned Magistrate relying upon a decision of this Court in the case of Kamaprasad Rout and Ors. v. Madan Mohan Das: 69 (1990) CLT 456, rejected the said prayer. Feeling aggrieved, the petitioner has approached this Court by filing the present application under Section 482, Cr PC challenging the said order.2. Since the question for determination revolves round the...
Mahanta Sri Raghabendra Prapana Ramanuj Das Vs. State and ors.
Court: Orissa
Decided on: Nov-22-1995
Reported in: 81(1996)CLT244; 1996(I)OLR73
A. Pasayat, J. 1. Petitioner is aggrieved by the approval accorded by the State Government to the recommendation made by the Commissioner of Endowments (opp. party 2) to disqualify petitioner, who was the hereditary trustee of Revasa Math situated in Puri Town by resort to provisions contained in Section 35 of the Orissa Hindu Religious Endowments Act, 1951 (in short, 'the Act'). Primary challenge to the order passed by the State Government as contained in Annexure-1 is on the ground that the same was passed without giant of an opportunity of heating to the petitioner. That according to the petitioner violates the principle of natural justice and, therefore, his prayer is to nullify the approval. An additional prayer has been made to the effect that Section 35 (5) of the Act does not authorise appointment of an Inspector of Endowments as the interim trustee.Mr. Naidu, on behalf of opposite parties submitted that Section 35 (5) of the Act does not mandate that it has to be necessarily t...
Oriental Insurance Co. Ltd. Vs. Smt. Urmila Sahu and anr.
Court: Orissa
Decided on: Nov-21-1995
Reported in: I(1996)ACC489; 1996ACJ809; AIR1996Ori13
S. Chatterji, J.1. The present appeal at the instance of the appellant, Oriental Insurance Company Ltd. challenges the award passed by the Second Motor Accident Claims Tribunal, Berhampur on 4-6-1990 in M.A.C. No. 146/90(92/89).2. It transpires from the impugned award that an application for compensation under Section 110-A of the Motor Vehicles Act was filed due to death of Saiba Sahu, who died in a motor accident. The deceased was a supplier of Semia packets on commission basis. On 2-1-89 at about 9.30 a.m. while the deceased after finishing his work at Ghatrapur was proceeding on the public road, near O.S.E.B. Colony, Chatrapur a passenger bus bearing registration No. OSX 2975 came from Bhu-baneswar side to go to Chatrapur Bus stand. Being driven in a rash and negligent manner, the bus ran over the victim causing his spot death. On account of this unfortunate death of the deceased, the petitioners preferred a claim of Rs. 1,00,000/- as compensation.3. The owner of the vehicle did no...
Raghumani Mandi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-20-1995
Reported in: 1996(I)OLR267
A. Pasayat, J. 1. Petitioner has prayed for a direction to dispose of Jail Criminal Appeal No. 233 of 1994 pending before this Court early. According to him, Article 21 of the Constitution of India creates a right in the accused to be tried expeditiously, and a direction for early disposal of the aforesaid Jail Criminal Appeal admitted by this Court on 26-8-1994 is warranted. Petitioner has filed the aforesaid Jail Criminal Appeal challenging Judgment and order passed by the learned Sessions Judge Koraput, Jeypore in SC 94 of 1994. Dr. V. Prithvi Raj, Advocate has been engaged by Orissa High Court Legal Aid Committee to conduct the aforesaid appeal. Petitioner has alternatively prayed that in case early disposal of appeal is not practicable, he should be re eased on bail.Learned counsel for State while not disputing that fair, just and reasonable procedure implicit in Article 21 of the Constitution encompasses a speedy trial, submits that a direction as prayed for cannot be given in a ...
Sk. Jamaitullah and ors. Vs. Sk. Jayakatullah and ors.
Court: Orissa
Decided on: Nov-17-1995
Reported in: 81(1996)CLT114; 1996(I)OLR98
S. Chatterji, J. 1. The present Second Appeal arises out of the judgment dated 29-9-1984 passed by the learned Additional District Judge, Puri in Money Appeal No. 12/14 of 1983/82 arising out of the judgment dated 21-6-1982 passed by the learned Additional Subordinate Judge, Puri in OS No. 1/220 of 1982/78-III. A short but interesting point is argued by the learned advocate for the appellants before this Court. In fact the suit had been brought by the plaintiffs praying inter alia, for a decree against the defendants or any of them to render accounts to the plaintiffs; to direct the defendants to handover the documents, title deeds, resolution books and accounts papers; to appoint a commissioner to finalise the accounts if the defendants fail to comply with the preliminary decree within a stipulated period and for other incidental reliefs as permitted under law. The case of the plaintiffs is that they and the defendants are interested in the management of the mosque and welfare of the ...
Ananda Moharana Vs. State
Court: Orissa
Decided on: Nov-17-1995
Reported in: 1996(1)ALT(Cri)23; 1996CriLJ2654
R.K. Dash, J.1. The petitioner (hereinafter referred to as 'the accused') stood charged under Section 307, I.P.C. in the Court of learned Assistant Sessions Judge, Nayagarh. Upon trial he was found guilty and convicted under Section 325, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of six months. The said order of conviction and sentence was challenged in Criminal Appeal No. 152 of 1988 before the learned Sessions Judge, Puri who on reappraisal of the evidence, concurred with the findings of the trial Court and dismissed the appeal. He, however, modified the conviction of the accused from Section 325 to 326, I.P.C. but maintained the sentence.2. The prosecution case unfurled during trial may be succinctly stated thus:The accused owed some money to Sukumari Dei (P.W. 3). When repayment was insisted upon, he took it offensive and threatened P.W. 3 with dire consequenc...
Commissioner of Income Tax Vs. Builders Union.
Court: Orissa
Decided on: Nov-17-1995
Reported in: (1996)130CTR(Ori)203
G. B. PATNAIK, J. :The Tribunal, on an application being filed under s. 256(1) of the IT Act, has referred the following two questions to be answered by this Court :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the ITO to estimate profit at 12.5% of the principal amount of the award in case the arbitrator has taken into account the extra claim for expenditure incurred by the assessee in the execution of the extra work carried out in the earlier assessment year (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the pre-award interest component of the amount was not taxable ?'2. The short facts leading to the order of the Tribunal referring the two questions may be briefly stated. The assessee had executed some civil contract under the Government during the financial years 1961-62 to 1965-66. Disputes having arisen between the parties in accordance with the arbitration clause i...
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