Orissa Court April 1995 Judgments
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Minati Alias Binati Nayak Vs. Gouranga Charan Nayak
Court: Orissa
Decided on: Apr-20-1995
Reported in: 1995(2)ALT(Cri)18; 1995CriLJ3569; 1995(I)OLR656
A. Pasyant, J. 1. Heard learned counsel for petitioner and opp. party. 2. Petitioner calls in question legality of the order dated 12-7-1994, passed by the learned Judge, Family Court, Cuttack, granting maintenance of Rs. 150/- to the petitioner from the date of order. Alternatively the opp. party was directed to pay lump sum of Rs. 12,500/-, within six months.3. Grievance of the petitioner in this revision application is that the aforesaid order is unreasoned, and even no basis has been indicated by the learned Judge, Family Court for fixing the quantum at Rs. 150/- when the claim was for Rs. 400/- While fixing the quantum of maintenance, the concerned Court is required to indicate the basis for fixing the quantum at a particular amount. The maximum amount is prescribed in the statute. There must be some reasonable basis for fixing the quantum. Main factor is the income of the person liable to pay. An unreasoned order is practically no order in the eye of law. in fixing the quantum th...
Runulata Mangual Vs. Controller of Examination, Council of Higher Seco ...
Court: Orissa
Decided on: Apr-20-1995
Reported in: 1996(I)OLR317
ORDER1. The petitioner had appeared at the Plus-II Arts Examination during the year 1994 from Choudwar College Centre bearing Roll No. 109 CAB 17. After the result was declared as she was declared to be unsuccessful, she wanted to know her marks. It transpires that even though the petitioner had appeared in the subjects of History, Political Science and Logic as the three optional subjects, but the Council of Higher Secondary Education did not accept Logic to be the third optional subject and, on the other hand, took Economics to be the third optional subject. Since the petitioner did not appear in Economics she was declared to have failed. The petitioner asserted that she had appeared in the Examination with History, Political Science and Logic as the three optional subjects for which she was permitted by the Principal of the College. It is further averred that she had never studied Economics in the College and Education was her 4th optional subject.2. The Principal of the College has...
Hareka Lakhan Vs. District Judge, Koraput and ors.
Court: Orissa
Decided on: Apr-19-1995
Reported in: AIR1996Ori76
G.B. Patnaik, J.1. The appellate order of the District Judge, Koraput in an election petition arising out of election of a Sarpanch of a Gram Panchayat is under challenge in this writ application. The short question that arises for consideration is, whether an Election Officer who having exercised his discretion had directed recounting of the votes for the second time could have stopped the said recounting on account of certain law and order problem having arisen and declared the result on the basis of the first recounting.2. The short facts necessary for adjudicating the aforesaid dispute are that the polling for the post of Sarpanch of the Gram Panchayat took place on 26-5-1992 where the petitioner, opposite party No. 2 and opposite party No. 5 were the contesting candidates. In the initial counting it transpired that the opposite party No. 2 had polled the highest number of votes. Before declaration of the result, the petitioner filed an applicating for recounting on 27-5-1992. On t...
Powsulph (India) Pvt. Ltd. Vs. Inventa Technical and ors.
Court: Orissa
Decided on: Apr-17-1995
Reported in: AIR1995Ori291; 1995(I)OLR648
A. Pasayat, J.1. Appellant, a private limited company, filed an appalication for exemption from payment of court-fee on the plaint, and to institute the suit against the present respondents as an indigent person. The prayer was turned down by the learned Subordinate Judge, First Court, Cuttack on three grounds; namely; the application was not presented as prescribed under O. 33, R. 2 of the Civil P.C. 1903 (in short, the 'CPC'); the appellant had sufficient means to pay court-fee of nearly Rs. 26,000/-; and the application was not verified properly as provided under Order 6, Rule 15 of the CPC. The conclusions of the learned Subordinate Judge are assailed in this appeal primarily on the ground that the application was in order, and proper form and in any event technicality should not have weighed with the learned Subordinate Judge. The assets position of the appellant has been wrongly assessed by the learned Subordinate Judge. The learned counsel for the respondents, on the other hand,...
Nestle India Limited Vs. Shri A.K. Chand, Food Inspector and anr.
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995CriLJ3053; 1995(I)OLR639
A. Pasayat, J.1. In this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, the 'Code'), legality of the proceeding in 2 (c) CC No. 153 of 1993 pending in the Court of Subdivisional Judicial Magistrate, Bhawanipatna (in short, the 'SDJM') is under challenge. The said proceeding was initiated on the basis of prosecution report submitted by the Food Inspector. Bhawanipatna.2. Background facts leading to the filing of the application are as follows : On 18-9-1992, the Food Inspector visited business premises of Shri Motilal Jain, M/s. Samaleswari Agencies. Following food items amongst others were stored for sale. (a) 30 packets of Lactogen(b) 43 packets of Cerelac wheat Apple (c) 36 packets of Farex vegr.The shopkeeper produced,purchase invoices before the Food Inspector to show that first two items were purchased from M/s. Nestle India Limited, Cuttack and the last item from M/s. Glaxo India Limited. Cuttack depot. Since the food items were suspected to be a...
Krushnahari Debnath and ors. Vs. State
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995CriLJ3049; 1995(I)OLR658
A. Pasayat, J. 1. Three petitioners (hereinafter referred to as the 'accused') call in question legality of their conviction for commission of offences punishable under Secs.306 and 498A read with Secs. 34 of the Indian Penal Code, 1860 (in short, 'IPC'). Petitioners faced trial for alleged commission of offences punishable under Section 498A and 304(3) read with Section 34, 1PC. Learned Asst. Sessions Judge, Kendrapara held that petitioners were liable for conviction under Sections 498A and 306 read with Section 34, lPC. Each one of them was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, in default to undergo rigorous imprisonment for one month for their conviction under Section 498A read with Section 34, IPC. Similarly, each one of them was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-, in default to undergo rigorous imprisonment for two months for their conviction under Section 306 read with Section 3...
Kapila Type Foundry Vs. Cuttack Type Foundry and ors.
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1996(1)ALT(Cri)5; 1995(II)OLR9
A. Pasayat, J.1. Order dated 17-4-1993 passed by learned Sub-Divisional Judicial Magistrate, Sadar, Cuttack (in short 'SDJM') in ICC, Case No. 134 of 1992 staying further proceedings of that case till disposal of O.S. No. 2 of 1992 pending in this Court is under challenge.2. According to learned counsel for petitioner, order passed by learned SDJM is indefensible because prayer in the complaint case was to direct the Inspector-in-charge, Purighat P.S. to forward copy of petition under Section 156(3) of the Code of Criminal Procedure, 1973 (in short, the 'Code'), register the case, investigate an seize certain articles under Section 64 of Copyrights Act, 1937. The impugned order came to be passed because Inspector-in-charge wanted instruction from the learned SDJM as to whether he should proceed with investigation or return the case as mistake of law, till disposal of M.C. No.95 of 1992. Further proceedings in O.S. No.3 of 1989 pending before the learned District Judge, Cuttack were sta...
Baidyanath Panigrahi Vs. State of Orissa
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995(II)OLR54
P.C. Naik, J.1. By judgment dated 19-11-1992 passed in S. T. No. 108/92, the learned Session Judge, Sundargarh has convicted the appellant under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'the NDPS Act') and sentenced him to undergo R. I. for five years and to pay a fine of Rs. 50,000/- and in default of payment of fine, to undergo further R. I. for one year. Aggrieved by the conviction and sentence, the appellant has preferred this appeal.2. According to the prosecution, on the evening of 8th July 1992, Rabindranath Mohapatra (PW 5) S. I. of Police of Tangarpali P. S. was on patrol duty along with S. R. Mallik (PW 4) S. I. of Police, Havildar Amarendra Patnaik (PW 3) of Tarapur Out-post. On receiving Information that accused Baidyanath Panigrahi of Laxmi market was selling Ganja, he proceeded to the spot along with the police personnel. He called independent witnesses and after giving search of their persons to the witness entered the house...
Bishnu Shankar SwaIn and ors. Vs. the Orissa State Electricity Board a ...
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995(II)OLR194
G.B. Patnaik, J. 1. These sixteen petitioners who are continuing as N. M. R. Clerks, Stenographers, Typists and Welder under the Talcher Thermal Power Station which is an organisation of the Orissa State Electricity Board from different dates with effect from 1-10-1982 and 15-7-1985 have filed the present writ application for a direction to the opposite parties for regularisation of their services and for grant of equal pay as that of their counterp article It has been alleged in the writ application that in respect of employees under the Thermal Power Station on NMR basis, a seniority list has been maintained as per Annexure-5. The petitioners, further aver that the Orissa State Electricity Board has taken a decision for regularisation of NMR workers of Talcher Thermal Power Station which had been communicated to the General Superintendent, TTPS on 5-6-1991, annexed as Annexure-4. It was stated in the decision that those of the workers who have completed 400 days as on 1-10-1986 and a...
Orissa Cement Ltd. and anr. and Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995(51)ECC90; 1995(80)ELT255(Ori); 1995(II)OLR318
G.B. Patnaik, J.1. In these two writ applications, notice to show cause issued by the Additional Collector, Central Excise and Customs and to pay up the demand amount on the allegation that the petitioner has wilfully contravened the provisions of the Central Excises and Salt Act read with Rules 9(1), 49, 52-A. 173-B, 173-C and 173-G of the Central Excise Rules, 1944,is being challenged. Since identical question of law is involved, on consent of parties, the two writ applications were heard together and are being disposed of by this common judgment.2. The short question that arises for consideration is whether on the facts averred in the Notice to show cause, it can be said by this Court that there has been no contravention of the provisions of the Act and the Rules, as alleged, and as such the notice would be quashed? Incidentally, it is also necessary to determine the question whether crushing of limestones to small pieces, for manufacture of cement clinker tantamounts to 'manufactur...
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