Orissa Court August 2000 Judgments
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Baikuntha Nath Mahanta Vs. State of Orissa
Court: Orissa
Decided on: Aug-11-2000
Reported in: 2000(II)OLR658
C.R. Pal, J.1. This appeal under Section 454, Cr. P.C. has been directed against the order dated 4.2.1999 passed by the learned Sessions Judge, Keonjhar in S.T.Case No. 18 of 1985 confiscating the gun seized from the house of the appellant.2. The facts of the case, in brief, giving rise to this appeal are as follows : The appellant and another faced their trial before the learned Sessions Judge in the aforementioned Sessions Case for an offence under Section 307 read with Section 34, I.P.C. At the conclusion of the trial, the trial Court found that the prosecution was not able to bring home the charge beyond reasonable doubt against the accused persons and accordingly acquitted them of the charge. The trial Court though acquitted the accused persons, confiscated the gun seized in the aforementioned case. Being aggrieved by the said order of confiscation, the accused appellant preferred an appeal, i.e., Criminal Appeal No. 69 of 1985 which was disposed of on 11.8.1995 with a direction t...
Narayan Rana Vs. Balasore Municipal Council
Court: Orissa
Decided on: Aug-10-2000
Reported in: AIR2001Ori1; 2000(II)OLR367
A. K. Patra, J. 1. This Letters PatentAppeal filed by the defendant is directed against the decision of the learned Single Judge in First Appeal No. 172 of 1982 by which the decree of eviction has been confirmed. 2. The respondent filed the suit for eviction of the appellant from the suit tank and damages for illegal occupation thereof. Its case is that the suit tank is known as 'Aga Pokhari' and was a part of the estate of the Raja Manmathnath Deo, an intermediary. It was recorded as his Anabadi khata. The suit tank case to be vested in the State of Orissa free from all encumbrances under the Orissa Estates Abolition Act. Since the tank was maintained and managed by the respondent, it automatically vested in it under the provisions of the Orissa Municipal Act, 1950. It has been leasing out the right of pisciculture in the tank since 1953 with specific condition that the water of the tank should not be polluted. The appellant took lease for pisciculture in 1956 beginning from 16-3-1956...
Lt. Col. K.S. Bakshi Vs. Jagjit Singh Sabharwal
Court: Orissa
Decided on: Aug-09-2000
Reported in: 91(2001)CLT37
L. Mohapatra, J. 1. This revision arises out of the order dated 11-5-1999 passed by the Civil Judge (Senior Division), Talcher on an application filed by the plaintiff-opposite party under Order 38, Rule 5 of the Civil Procedure Code. 2. Opposite party is the plaintiff in Money Suit No. 18 of 1998 and the present petitioner is the defendant. Suit has been filed claiming damages to the tune of Rs. 13,00,000/- on account of breach of agreement entered into between the parties. The allegations in the plaint are that the opposite party if the exclusive owner of two Tippers engaged under the disposal of the petitioner for the purpose of transporting coal within the Mahanadi Coal Fields Limited at Talcher. The agreement was entered into by the petitioner as Director of M/s, Pawan Putra Hanuman Transport, Ltd. as the first party and wife of the opposite party as the second party. Said agreement was executed on 4-9-1997 as per the terms of which the tippers owned by the plaintiff-opposite part...
Ananga Udaya Singh Deo Vs. Ranga Nath Mishra and ors.
Court: Orissa
Decided on: Aug-04-2000
Reported in: AIR2001Ori24
ORDERCh. P.K. Misra, J.1. In this Election Petition, petitioner Ananga Udaya Singh Deo has challenged the election of Respondent No. 1 Ranga Nath Mishra, and respondent No. 3 Manmath Nath Das, as Members of Council of States (hereinafter referred to as 'Rajya Sabha') in the election held on 18th June, 1998.2. Brief facts of the case are as follows :--The President of India issued a notification, which was published in the Gazette of India on 30-5-1998, calling upon the Members of the Electoral College of some of the States to elect Members to the Rajya Sabha in accordance with the provisions of the Representation of the People Act, 1951 (for short 'the Act'). Pursuant to the aforesaid Presidential Notification, the Election Commission by its notification dated 30-5-1998 called upon the elected Members of the Orissa Legislative Assembly to elect three Members to the Rajya Sabha. In consultation with the Government of Orissa, the Election Commission also issued another notification appoi...
Matia Palei and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-2000
Reported in: 2001CriLJ1897
ORDERCh. P.K. Misra, J.1. This revision is directed against the judgment dated 25-6-1998 passed by the learned Additional Sessions Judge, Khurda, in Criminal Appeal No. 108 of 1997. By the said order the learned Additional Sessions Judge confirmed the order of conviction of the present petitioners Under Rule 21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 (for short, 'the Rules'), but reduced the sentence. Originally, each of the petitioners was sentenced to undergo R. I, for six months and to pay fine of Rs. 800.00, in default to undergo Section 1, for two months. By the impugned appellate order, they have been directed to undergo R.I. for three months and to pay fine of Rs. 500.00, in default to undergo R, I, for one month.2. Prosecution case is that on 23-1-1994, when the mobile staff of Forest Department of Khurda were performing patrol duty near Khurda by-pass, they detected a truck coming from Balugaon side. On suspicion, they searched the same and found 158 ...
Commissioner of Income-tax Vs. Industrial Development Corporation of O ...
Court: Orissa
Decided on: Aug-03-2000
Reported in: [2001]249ITR401(Orissa)
R.K. Patra, J. 1. The Income-tax Appellate Tribunal, Cuttack Bench, Cut-tack, pursuant to an order made by this court under Section 256(2) of the Income-tax Act, 1961, has drawn up the statement of the case and referred the following question of law for the opinion : 'Whether, on the facts and in the circumstances of the case, donation of Rs. 1,00,000 made by the assessee to the Chief Minister's Relief Fund was allowable as a business expenditure under Section 37 of the Income-tax Act, 1961 ?' Facts :2. The opposite party is a State Government Corporation. 3. For the assessment year 1983-84, it donated a sum of rupees one lakh to the Chief Minister's Relief Fund and claimed deduction of that amount from its total income. The Assessing Officer disallowed the claim which was confirmed in appeal by the Commissioner of Income-tax (Appeals). Being aggrieved by the aforesaid order, the opposite party preferred a second appeal before the Income-tax Appellate Tribunal contending that the amoun...
Commissioner of Income Tax Vs. Industrial Development Corporation of O ...
Court: Orissa
Decided on: Aug-03-2000
Reported in: (2001)164CTR(Ori)316
R.K. Patra, J.The Tribunal, Cuttack Bench, Cuttack, pursuant to an order made by this court under section 256(2) of the Income Tax Act, 1961, has drawn up the statement of the case and referred the following question of law for opinion:'Whether on the facts and in the circumstances of the case, donation of Rs. 1,00,000 made by the assessee to the Chief Minister's Relief Fund was allowable as a business expenditure under section 37 of the Income Tax Act, 1961 .'2. FactsThe opposite party is a State Government Corporation. For the assessment year 1983-84, it donated a sum of rupees one lakh to the Chief Minister's Relief Fund and claimed deduction of that amount from its total income. The assessing officer disallowed the claim which was confirmed in appeal by the Commissioner (Appeals). Being felt aggrieved by the aforesaid order, the opposite party preferred second appeal before the Tribunal contending that the amount donated to the Chief Minister's Relief Fund was allowable under secti...
Sahan Singh and Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-02-2000
Reported in: 2000(II)OLR314
P.K. Patra, J.1. The petitioners in both these cases have prayed for quashing of the criminal proceedings in G.R. Case No. 256 of 1998 arising out of Raibania P.S. Case No. 36 of 1998 on the file of the J.M.F.C, Jaleswar under Section 482 of the Code of Criminal Procedure, 1973. Both the cases were heard together and this order disposes of both the matters.2. Petitioner in Cri. Misc. Case No. 4179 of 1998, namely, Sahan Singh, and the three petitioners in Cri. Misc. Case No. 5101 of 1999 are the accused persons in the aforesaid case under Sections. 376(2)(g) and 506 of the Indian Penal Code for alleged commission of gang rape on opposite party No. 2-Basanti Singh on 11.8.1998 at about 6 p.m. while she was returning from weekly market, by lifting her on a bicycle to a nearby field. On the oral report of opposite party No. 2, the O.I.C. of Raibania Police Station registered the case and took up investigation. It is stated by the petitioners that petitioner Sahan Singh and opposite party ...
Bhagirathi Badajena Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-01-2000
Reported in: AIR2000Ori180
P.K. Misra, J. 1. Petitioner was the elected Chairman of the Orissa State Cooperative Marketing Federation, Bhbaneswar (hereinafter referred to as 'the Federation') and assumed office with effect from 11-4-1998 for a term of four years. Prior to such election, petitioner was nominated President of the said Federation along with two other Government officials as the members of the Committee of Management as per office order of the Registrar of Co-operative Societies. The petitioner was then at the helm of administration of the Society since February, 1996. When the petitioner was continuing in the said office holding the post by virtue of his election, the Registrar by virtue of power conferred under Sub-section (7) of Section 32 of the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as 'the Act') by order dated 21-7-1999 (Annexure-3) suspended the Committee of Management headed by the petitioner. Petitioner challenges the said order in Annexure-3 on the ground that the...
Nrusingha Charan Samal and anr. Vs. Kuntala Kumari Samal and ors.
Court: Orissa
Decided on: Aug-01-2000
Reported in: 2001(I)OLR208
P.K. Misra, J.1. These two writ applications have been filed challenging the orders passed by the Consolidation authorities. The facts giving rise to the present writ application are as follows :Jayakrushana had three sons, Shyama, Krushna and Rajkishore. O.J.C.No. 2996/93 has been filed by the petitioners representing the branch of Rajkishore. The connected writ application has been filed by the members representing the branch of Shyama. The members of the- branch of Krushna, who have entered appearance through counsel are supporting the case of the petitioners in O.J.C. No. 2996/93,2. During consolidation proceedings, the land was originally recorded in Rakshit Khata in the name of State Government. Two Objection Cases were initiated at the instance of the petitioners in the two writ applications. In the objection filed on behalf of the petitioners in O.J.C. No. 2996/ 93, it was claimed that the disputed land had been leased out by the ex- intermediary by unregistered document in fav...
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