Orissa Court April 1995 Judgments
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Food Inspector, Cuttack Municipality Vs. B.P. Oil Mills Limited
Court: Orissa
Decided on: Apr-17-1995
Reported in: 1995CriLJ3043
ORDERA. Pasayat, J.1.Prayer to be representative in terms of Section 305 of the Code of Criminal Procedure, 1973 (in short, the 'Code') as made by one Muralilal Agarwala having been accepted by learned Judicial Magistrate, first class, Cuttack (in short, 'JMFC'), this application has been filed.2. Background facts filtering out unnecessary details are as follows:In a proceeding under the Prevention of Food Adulteration Act, 1954(in short, the 'Act') opposite party - company through its Manager is arrayed as accused No. 2. After service of notice, the accused-company filed a petition styled as one under Section 305 of the Code stating that after all said Muralilal will be its representative in terms of Section 305 of the Code. The prayer was opposed by the present petitioner on the ground that in the absence of any undertaking by the said Muralilal, that he was a person responsible to the company for commission of offence and was in charge of the company and was to be deemed to be guilt...
Mahanta Sri Pranab Kishore Bharati Goswami and anr. Vs. the Government ...
Court: Orissa
Decided on: Apr-13-1995
Reported in: 1995(II)OLR118
A. Pasayat, J.1. Order passed by the Secretary to Government of Orissa, Law Department in purported exercise of power under Section 19(5) of the Orissa Hindu Religious Endowments Act, 1951 (in short, the 'Act') is assailed in this writ application.2. The background facts in a nutshell are as follows :On 4-12-1985 an application was filed by Sri Pranab Kishore Bharati Goswami (petitioner No. 1) as Mahanta of Bharati Math, Bhubaneswar before the Commissioner of Endowments, Orissa (in short, the 'Commissioner') under Section 19 (1) of the Act with a prayer for permission to sell disputed land comprising 13.54 acres. It was stated that the land was lying fallow without giving much yield and income and was situated at a fairly long distance from Bhubaneswar. It was difficult on the part of the Mahanta to look after the property and possibility of the land being encroached upon by outsiders existed. It was stated that the market price that can be fatched per acre in respect of the land in qu...
Emami Paper Mills Ltd. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Apr-13-1995
Reported in: 1995(II)OLR44
A. Pasayat, J.1. Two points are involved in this writ application. First p relates to validity of levy of surcharge under the Orissa Sales Tax, 1947 (in short, 'the Act'), and second point urged is that in view of the dispute raised by the petitioner about payability of surcharge, action under Section 13 (4) (a) of the Act was not permissible. Learned counsel for the Revenue submits that in view of the decision of this Court in Sitania Enterprises v. State of Orissa : (1994) 92 STC 524, the first plea is unsustainable. So far as the second question is concerned, it is submitted that since the petitioner has accepted the turnover, it was not permissible for it to withdraw part of the surcharge, and therefore action under Section 13 (4) (a) is proper. 2. Question of validity of levy of surchage was examined in large number of cases and the matter has been concluded in Sitania Enterprisers (supra) holding the levy to be proper. The challenge fails in that regard.3. Provisions of Section 1...
Kremjit Mohananda Vs. Mohanpani Karua and anr.
Court: Orissa
Decided on: Apr-13-1995
Reported in: 1996CriLJ836; 1995(II)OLR284
R.K. Patra, J. 1. The petitioner is the complainant. He filed complaint vide ICC No. 20 of 1993 in the Court of the Judicial Magistrate, First Class, Ranpur against opposite parties on the allegation that they committed offences punishable under Sections 342/323/294/506/34, IPC. Opp. party No. 1 was the Officer-in-charge of Ranpur police station at the relevant time. The learned Magistrate after perusing the complaint, the initial statement of the petitioner and the statements of witnesses recorded in the enquiry under Section 202, Cr PC held that the facts and circumstances of the case did not show that there was any connection of assault or use of abusive words at the petitioner by the opp. party No. 1 while the latter was discharging official duty. He was of the opinion that no sanction under Section 197, Cr PC was necessary. Having found a prima facie case he took cognizance of offences under Sections 323/506/34 IPC and directed issue of summons to the opposite parties. This order ...
Ganpat Nath Jogi Vs. State of Orissa
Court: Orissa
Decided on: Apr-07-1995
Reported in: 1995CriLJ3680
ORDERR.K. Dash, J.1. This is an application under Section 482, Cr. P.C. by Ganpat Nath Jogi, accused in Cuttack G.R.P.S. Case No. 1 of 1995 under Sections 379 and 207, I.P.C., to quash the order of the learned Judicial Magistrate, First Class (Rural), Cuttack, transferring the accused from Circle Jail, Choudwar, Cuttack, for production before the VII Metropolitan Magistrate, Vijaywada.2. The fact of the case lies in a narrow compass:Informant Jitendra Kumar Mishra, boarded Konark Express on 6-12-94 morning to come to his native place Kendrapara in the district of Cuttack. The present accused also boarded in the same compartment and developed intimacy with him. On the way while the informant was taking tiffin near the door of the compartment the accused gave a violent push, as a result he fell down from the running train. He was then taken to Government General Hospital, Eluru, where his left arm was amputed. After being discharged from the hospital, he came to Cuttack with his elder br...
Dillip Kumar Hota Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-1995
Reported in: 1995(II)OLR595
ORDERR.K. Dash, J. 1. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the opposite party.2. An unfortunate incident has compelled the petitioner to knock the door of this Court seeking justice.Shortly stated, the petitioner along with two others being charged under Sections 498A/109/506/34 of the Indian Penal Code and Sections 4 and 6 of the Dowry Prohibition Act were arrested and produced before the SDJM, Udala, and filed a petition before the SDJM for their release. Upon hearing the parties, the learned Magistrate allowed their prayer on certain conditions that :(i) to appear before the I. O. on each Sunday and Thursday as and when required by the I. O., and (ii) not to tamper with the evidence of the prosecution. This order was passed on 19-9-1994 and, as borne out from the record the accused persons obeyed the conditions till 27-10-1994. Three days thereafter, the I. O. moved the Magistrate on 1-11-1994 for cancellation of the bail. Thre...
Ramesh Chandra Lenka Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-1995
Reported in: 1995CriLJ3178
A. Pasayat, J.1. Petitioner hereafter called as 'accused' faced trial along with one Ganeswar Sahu for alleged commission of offence punishable under Sections 395/397/457 of the Indian Penal Code, 1860 (in short, 'IPC') and under Section 9(b) of the Indian Explosive Substances Act, (in short, the 'Explosive Act'). In total eight persons were involved. Three of them were convicted in a separate trial. Since petitioner and Ganeswar had absconded, the case was split up.2. The prosecution case so far as relevant is as follows:In the night of 25-7-1990 the inmates of the house of Mukunda Nath (P. W. 11) went to bed rooms around 12.30 p.m. The accused persons more than five in number entered into the court-yard by breaking open the back door, and entered into PW 11's bed-room by breaking open with a 'Shiaki'. One of the accused was keeping watch at the verandah. They dragged the informant and his wife Sita Rath (P.W. 13), and assaulted them. They threatened to kill them if they made any nois...
Bhikari Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-05-1995
Reported in: 1995CriLJ2998
R.K. Patra, J.1. Criminal Appeal No. 109 of 1989 has been filed by Bhikari Behera challenging his conviction under Section 302 I.P.C. and sentence of regorous imprisonment for life imposed thereunder. Criminal Appeal No. 110 of 1989 has been filed by Pramod Kumar Mantri and Bhagirathi Rout challenging their conviction under Section 304 Part-II I.P.C. and sentence of regorous imprisonment for five years inflicted thereunder. As both the appeals arise out of the same judgment and order, they were heard together and are disposed of this judgment.2. The aforesaid three appellants along with nine others were charged under Sections 148/452/302 read with Section 149 I.P.C. The appellants were also separtaly charged under Section 302 read with Section 34 I.P.C.3. Prosecution is that on 28-5-1988 at about 10 a.m. appellants along with their assiciates formed an unlawful being around with dealy weapons in front of the house of the informant Sanatan in village Biswanthpur and abused him and other...
Meenaketan Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-04-1995
Reported in: 1995(I)OLR615
P. Ray, J.1. The grievance of the writ petitioner in the present writ application is that though he was selected and empanelled for promotion to the post of Chief Judicial Magistrate, the High Court in its administrative jurisdiction declined to give him promotion in his due turn, but promoted his juniors in an illegal and arbitrary manner2. The facts which are material for consideration are briefly stated below:In September, 1987 the petitioner was a member of the Orissa Judicial Service (Class I) and was posted as Registrar, Civil Courts, Sundargarh. On September 3, 1987, the petitioner along with other members of the Orissa Judicial Service (Class I) were selected and empanelled by the High Court Standing Committee for promotion to the post of Chief Judicial Magistrate in the Superior Judicial Service (Junior Branch); The petitioner's name figured at serial No. 3 in the said panel. Admittedly one Judge of this High Court who visited Sundargarh in connection with the work of Lok Adal...
Brajamohan Das and anr. Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: Apr-04-1995
Reported in: 1995(II)OLR267
G.B. Patnaik, J. 1. The order of the Member. Board of Revenue, dated 21st of January, 1994, in purported exercise of power under Section 38-A of the Orissa Estates Abolition Act in Review Case No. 1 of 1993, annexed as Annexure-5, is being challenged in this writ application, inter alia, on the ground that the Member, Board of Revenue, exceeded his jurisdiction in exercising the said power as well as on the ground that the documents relied upon by the said Member, Board of Revenue, were, in fact, interpolated and as such, could not have formed the basis of a conclusion.2. The dispute centres round in respect of certain properties in villages Saroi and Neulpur and the said dispute was before this Court in OJC No. 2280 of 1987. The said writ application was disposed of by judgment dated 11-10-1991 and the matter was remitted to the Member, Board of Revenue, with a direction that he will allow opportunity to the parties concerned to lead evidence for determining the dispute as to whether ...
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