Orissa Court July 1997 Judgments
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Bishek Mohananda Vs. State
Court: Orissa
Decided on: Jul-14-1997
Reported in: 1998CriLJ1489
A. Pasayat, J.1. In this appeal from Jail, Bishek Mohananda hereinafter referred to as 'the accused' calls in question legality of his conviction for commission of offence punishable under Section 302, Indian Penal Code, 1860 (in short, IPC), and sentence of imprisonment for life as awarded by the learned Additional Sessions Judge, Titilagarh2. Prosecution case as unfolded during trial is as follows;On 17-6-1991 at about 4 p.m. in the afternoon Rajkumar Mahanand (P.W. 1) was ploughing his land along with his father Aswini Mahanand (hereinafter referred to as the 'deceased'). All on a sudden the accused came there and objected to ploughing of the land by P.W. 1 and the deceased. Accused drove out the bullocks of P.W. 1 from the land. When P.W. 1 and the deceased objected, accused raised his spear with the intention to kill the deceased, and when the deceased warded off the spear with the stick which he was holding and was being used for driving of bullock at the time of ploughing, it hi...
Meridian Steels and ors. Vs. Commissioner of Commercial Taxes and ors.
Court: Orissa
Decided on: Jul-09-1997
Reported in: 1997(II)OLR348; [2003]133STC486(Orissa)
A. Pasayat, J.1. All these three applications involve identical dispute and this judgment shall govern each one of them. Petitioner in each case was registered as a dealer under the Orissa Sales Tax Act, 1947 (in short, 'the Act'). Sales Tax Officer, Rourkela II circle, panposh (opposite party No. 2 in each case) directed cancellation of the registration certificate granted in purported exercise of power conferred under Section 9(6)(c) of the Act read with Rule 16-A of the Orissa Sales Tax Rules, 1947 (in short, 'the Rules'). The order of cancellation was challenged before the Commissioner of Sales Tax, Orissa. By order dated March 11, 1997 the Additional Commissioner of Sales Tax who heard the revision petition in each case, upheld the order directing cancellation of the certificate of registration. Grounds which weighed with the Sales Tax Officer to direct cancellation was the petitioner which was granted the certificate of registration as an S.S.I unit for manufacturing certain arti...
Sunyabasi Paikra and ors. Vs. Paramananda Ransingh and ors.
Court: Orissa
Decided on: Jul-09-1997
Reported in: 84(1997)CLT534; 1997(II)OLR277
D.M. Patnaik, J. 1. The plaintiffs are in appeal against a remand Judgment of she learned First Additional District Judge. Puri, allowing the appeal of the defendants thereby setting aside the Judgment of the lower Court remanding the suit for fresh disposal, the suit being one for litle, possession and injunction.2. The disputed land appertains to 1962 settlement plot No. 199 measuring Ac.0. 358 decimals and plot No. 200 measuring an area of Ac.0. 314 decimals which corresponds to Sabik Plot Nos. 164, 166 and 167 under Khata No. 24 of mouza Jagamara and 1962 settlement Khata No. 351 and plot No. 911, total Ac.0. 764 decimals of Baramunda.The case of the plaintiffs in short is, Arta the common ancestor left behind him four sons viz., Balunki, Laxman, Hari and Arjuna. In an amicable partition by metes and bounds Balunki, the eldest son got 1/4th of the property which was inherited by his son Ananda. Ananda was exclusively recorded in respect of the said property in 1913 settlement. Afte...
Saila Behari Das, Sr. Manager Vs. Regional P.F. Commissioner
Court: Orissa
Decided on: Jul-08-1997
Reported in: (1999)IIILLJ1671Ori
Pasayat, J.1. Challenge in this writ application is to the imposition of penal damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, 'EPF Act'). Penal damage amounting to Rs. 1,89,579/-was levied for the year 1991-92 on account of delay in depositing the amount which was required to be deposited by way of provident fund. Orissa Construction Corporation is a Government of Orissa Undertaking. Structural Steel Part I is a unit of the said Corporation. Said unit is the petitioner in this case. Construction of a Power House structure in respect of National Thermal Power Corporation, a Government of India Undertaking, was undertaken by the petitioner at Kaniha in the district of Angul. Petitioner applied for a code number to be allotted in its favour. By letter dated February 3, 1992 the Regional Provident Fund Commissioner, Orissa (in short, 'the Commissioner') informed the petitioner that as the unit is a part and parcel of Orissa Con...
Saila Behari Das, Senior Manager, Orissa Construction Corporation Stru ...
Court: Orissa
Decided on: Jul-08-1997
Reported in: 1997(II)OLR182
A. Pasayat, J.1. Challenge in this writ application is to the imposition of penal damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, 'EPF Act'). Penal damage amounting to Rs. 1,89.579/- was levied for the year 1991-92 on account of delay in depositing the amount which was required to be deposited by way of provident fund. Orissa Construction Corporation is a Government of Orissa Undertaking. Structural Steel Part I is a unit of the said Corporation. Said unit is the petitioner in this case. Construction of a Power House structure in respect of National Thermal Power Corporation, a Government of India Undertaking, was undertaken by the petitioner at Kaniha in the district of Angul. Petitioner applied for a code number to be allotted in its favour. By letter dated 3.2.1992 the Regional Provident Fund Commissioner, Orissa (in short, 'the Commissioner') informed the petitioner that as the unit is a part and parcel of M/s. Orissa Co...
Sri Pandit Math and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-03-1997
Reported in: 84(1997)CLT309; 1997(II)OLR156
A. Pasayat, J. 1. Petitioners call in question legality of order passed by the Commissioner of Endowments, Orissa (in short, 'the Commissioner') in a proceeding Under Section 35 of the Orissa Hindu Religious Endowments Act, 1951 (in short, 'the Act') seeking approval of the State Government to disqualify Mahant Sri Brajaraj Ramanuj Das (petitioner No.2) from continuing as hereditary trustee of Sri Pandit Math (petitioner No. 1) for the life- time. and in his place to appoint a Board of Trustees to discharge functions of the trustee. The State Government was to be moved for the purpose of approval in terms of Section 35(2) of the Act.2. According to Mr. A. Mukherji. learned counsel for petitioners, the statutory mandate of Section 35(5) of the Act was not kept in view and recruitments of managing a Math in a proper manner does not appear to have been kept in view by the Commissioner. Mr. A.S. Naidu, learned counsel appearing for the Commissioner submitted that the writ application is pr...
Ranjan Constructions Vs. Central Board of Direct Taxes
Court: Orissa
Decided on: Jul-02-1997
Reported in: [1998]232ITR76(Orissa); 1997(II)OLR338
A. Pasayat, J. 1. The challenge in these writ applications revolves round the legality of Circular No. 737 (see : [1996]218ITR97(All) ), dated February 23, 1996, issued by the Central Board of Direct Taxes (in short 'CBDT'), relating to admissibility of deduction on account of salary and interest to the partners of firms opting for estimation of income under Sections 44AD and 44AE of the Income-tax Act, 1961 (in short the 'Act'). Same was issued on the ground that doubt has been raised relating to deduction as regards salary and interest to the partners of a firm while estimating income on the basis of the aforesaid two provisions. The view impugned as expressed in the circular is at paragraph 4 thereof, and reads as follows (page 98) : '4. Clause (b) of Section 40 lays down restriction on the deduction allowable on account of salary and interest to the partners and is not an enabling section for claiming deduction. The admissible deductions are specifically mentioned under Sections 30...
Ranjan Constructions and ors. Vs. Central Board of Direct Tax and ors.
Court: Orissa
Decided on: Jul-02-1997
Reported in: (1998)145CTR(Ori)82
A. PASAYAT, J. :Challenge in these writ applications revolves round legality of Circular No. 737 dt. 23rd February, 1996 issued by CBDT [published at (1996) 131 CTR (St.) 9] relating to admissibility of deduction on account of salary and interest to partners of firms opting for estimation of income under ss. 44AD and 44AE of the IT Act, 1961 (in short, the Act). Same was issued on the ground that doubt has been raised relating to deduction as regards salary and interest to the partners of a firm while estimating income on the basis of aforesaid two provisions. View impugned as expressed in the circular is at para. 4 thereof, and reads as follows :'4. Clause (b) of s. 40 lays down restriction on the deduction allowable on account of salary and interests to the partners and is not an enabling section for claiming deduction. The admissible deductions are specifically mentioned under ss. 30 to 38 of the IT Act. Hence, ss. 44AD(2) and 44AE(3) only state this obvious position by way of clari...
Debendra Nath Panda and anr. Vs. Hare Krushna Patnaik
Court: Orissa
Decided on: Jul-01-1997
Reported in: 1997(II)OLR557
S.C. Datta, J.1. This is an application under Section 482 of the Code of Criminal Procedure praying for quashing the order dated 29.2.1992 passed by the learned Sub-divisional Judicial Magistrate, Puri in I.C.C. Case No. 15 of 1992.2. The opposite party Hare Krushna Patnaik, lodged a complaint before the Magistrate alleging inter alia that the present petitioners who figured as accused persons in the Court below had intentionally used abusive languages and has also assaulted him when he refused to meet the demands made by petitioner No. 2 for granting permission to the opposite party to visit his relations who were lodged in Puri Jail at the relevant time. According to the complainant, petitioner No. 2 was a Warder in Pun Jail while the petitioner No. 1 was the Jailor. It has been alleged that petitioner No. 2 demanded a sum of Rs. 42/- for granting permission to the opposite party, the complainant in the trial Court to meet all the six accused persons who has been lodged in the jail o...
Ratnakar Dandasena Vs. State
Court: Orissa
Decided on: Jul-01-1997
Reported in: 84(1997)CLT883; 1998CriLJ295
S.C. Datta, J.1. This is an appeal from Jail by the convict Ratnakar Dandasen against the order of conviction and sentence passed by the learned Sessions Judge, Sundargarh in Sessions Trial Case No. 172 of 1991 arising out of G. R. Case No. 252 of 1992 and Teluara P. S. Case. No. 47 of 1991. The convict faced trial before the learned Sessions Judge under Section 302 Indian Penal Code, 1860 (in short the 'IPC') for intentionally causing the death of Sumanta Dandasena by means of an axe.2. The prosecution case as un lded (sic) from the evidence of the witnesses is that the informant Srikara Dandasena of village Balisankra, P. S. Tolsera, in the district of Sundargarh is the elder brother of the accused Ratnakar Dandasena. On 4-6-91 at about 7 p.m. in the evening while the informant (PW-1) was sitting on a cot in his Court yard and his wife Dukhi Dandasena (PW-2) was sitting on the varandah and one 'Dibri' was bumingon the varandah, his younger brother with an axe came and sat near him on...
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