Orissa Court January 2002 Judgments
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Baragah Co-operative Sugar Mills Ltd. Vs. Presiding Officer, Industria ...
Court: Orissa
Decided on: Jan-16-2002
Reported in: [2002(93)FLR211]; (2002)IILLJ667Ori
P.K. Balasubramanyan, C.J. and A.S. Naidu, J. 1. The writ petition was filed by the Baragah Co-operative Sugar Mills Limited challenging the award of the Industrial Tribunal and a subsequent order of that Tribunal dated March 16, 1995 in respect of opposite party No. 2 who was a workman in the petitioner Co-operative Sugar Mills. The workman was removed from service with effect from June 22, 1977 by the Management. A dispute was raised on his behalf which was pending before the Industrial Tribunal in I.D. Case No. 42 of 1980. While the dispute was so pending, the workman settled the dispute with the Management as is clear from Annexure 5 to 7. The Management agreed to pay a sum of Rs. 40,000/- in lieu of the entire claim of the workman. The workman agreed to receive the same. This compromise petition was filed before the Industrial Tribunal supported by the documents showing the payments made to the workman and the receipt issued by the workman. The petition was filed by the Management...
Arjun Naik Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-2002
Reported in: 2002CriLJ2785
B. Panigrahi, J.1. This appeal assails the order of conviction and sentence passed by the learned Sessions Judge, Dhenkanal in Sessions Trial No. 103 of 1992 under Section 302, IPC whereby and whereunder the appellant was convicted and sentenced to undergo R.I. for life. In brevity the prosecution case is as follows :On the date of occurrence, i.e. on 26-4-1992 there was an altercation between the deceased Tirtha Naik and accused-appellant Arjun Naik over an issue of a marriage feast. After some time Tirtha Naik went to take bath in the village tank locally known as 'Nandanali Tank'. On the way he met the appellant who was engaged in talking with one Suresh Chandra Samal. There was exchange of hot words between the appellant and the deceased. Thereafter the deceased proceeded to take bath in the tank and the appellant followed him. While the deceased was taking bath, the appellant surged forward and inflicted 2/3 blows with an axe on the neck and face of the deceased as a result of whi...
Dilip Alias Bidyadhar Pradhan and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-2002
Reported in: 2002CriLJ1613
B. Panigrahi, J.1. Conviction and sentence passed by the learned Second Additional Sessions Judge, Cuttack under Sections 498-A and 304-B(I), I.P.C. has been assailed in this appeal.2. The skeletal picture of the prosecution story as unravelled during trial is as follows :The appellant No. 1 was the husband of the deceased Narmada Pradhan and their marriage was undisputedly solemnised sometimes in the month of Jestha 1993. It is the further case of the prosecution that two months preceding the marriage, there was a demand for Bullet Motor Cycle as dowry by appellant No. 2 Nakul alias Makar Pradhan on the father of the deceased, Udhab Behera. But Udhab Behera could not immediately comply with it, therefore, Makar lessened his demand to Rs. 11,000/- cash, over and above, a wrist watch, a gold ring and a radio set in lieu of a Bullet Motor Cycle to which Udhab had agreed. At the time of marriage, the father of the victim paid Rs. 8,000/- cash besides a wrist watch, gold ring and a radio. ...
Bhagaban Majhi Samanta and ors. Vs. Dinabandhu Singh Samanta
Court: Orissa
Decided on: Jan-11-2002
Reported in: 93(2002)CLT237
P.K. Tripathy, J.1. Heard.2. Defendants in Title Suit No. 96 of 1992 of the Court of Civil Judge (Jr.Division), Berhampur have preferred this second appeal as against the confirming judgment of the District Judge, Ganjam-Gajapati, Berhampur passed in Title Appeal No. 35 of 1997 vide the impugned judgment dated 30th March, 1999. Plaintiff is the respondent.3. Plaintiff claimed for right, title, interest and possession over the disputed land on the basis of two registered sale deeds of 1991 vide R.S.D.Nos. 4114 and 4115. He claimed to have purchased the same for consideration from the true owner Nityananda who is the brother of Dibakar and their joint family severed by metes and bound because of an amicable partition in the year 1984, and in that partition the disputed property as well as other properties fell to the share of Harihar, and after his death, his son Nityananda succeeded. In their written statement defendant No. 1 who is the son of Dibakar, and defendants 2 and 3 who are son...
Chariot Cement Co. Vs. Cce and C and anr.
Court: Orissa
Decided on: Jan-11-2002
Reported in: 2002(81)ECC259
ORDER1. Heard the learned Counsel for the writ petitioner and learned Senior Standing Counsel (Central) for the Union of India.2. Under section 35F of the Central Excise Act, 1944, any person appealing against the order in terms of Chapter VI-A of the Act, is bound to deposit the amount demanded as duty so as to make his appeal maintainable. But the proviso to that section confers power on the Collector (Appeals) or the Appellate Tribunal to dispense with such deposit subject to the conditions as it may deem fit, if in its opinion, the deposit of duty demanded would cause undue hardship on the appellant. In this case, the total demand raised by the original authority was of the sum of Rs. 90,44,735. It was against that order the writ petitioner filed the appeal, before the Customs, Excise and Gold Control Appellate Tribunal. The representative of the assessee submitted before the Tribunal that the demand for removal of goods to Dimapur would amount to Rs. 54 lakhs approximately. Taking...
Biswanath Sahoo Vs. State
Court: Orissa
Decided on: Jan-10-2002
Reported in: 93(2002)CLT327; 2002CriLJ2254; 2002(I)OLR316
B. Panigrahi, J. 1. In this revision petition, the petitioner has assailed the order of conviction and sentence passed by both the courts below in a case registered under Section 47(a) of the Bihar & Orissa Excise Act; 2. The short history of the prosecution case is as follows : That on 30th May, 1993 at about 4.00 P.M. while the Sub-Inspector of Excise (E.E. & E.B.), Berhampur along with his staff was performing patrol duty at village Luchapada, they saw the appellant selling i.d.Jiquor in an one-roomed house. The petitioner had bolted the house from inside and through the widow he was selling the i.d. liquor. At that juncture the Excise staff conducted a raid to the premises in presence of the witnesses. The S.I. of Excise searched the house and recovered two plastic jerricans - one containing 20 litres and the other containing 17 litres of i.d. liquor. They also seized a glass-tumbler smelling liquor and cash of Rs. 32/- collected as the sale proceeds of the liquor. The S.I. of Exci...
V. Rameswar Raju Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-10-2002
Reported in: 2002CriLJ3226
M. Papanna, J.1. This is an application under Section 407 of the Code of Criminal Procedure filed by the petitioner seeking transfer of Sessions Case No. 9/2000 from the Court of the learned Addl. Sessions Judge, Parlakhemundi to any other Court situated at Bhubaneswar having equal jurisdiction to try and dispose of the same.2. Relevant facts of the case, leading to filing of the resent Misc. Petition, are that the petitioner is the informant in G.R. Case No. 126/99 corresponding to Sessions Case No. 9/2000 now subjudice before the learned Addl. Sessions Judge, Parlakhemundi, whereas opposite parties 2 to 4 are the accused persons facing trial before the above Court under Sections 498-A 302, 304-B/34, IPC read with Section 4 of the D.P. Act. The victim is the daughter of the present petitioner. She was given in marriage to opposite party No. 4. During her stay in her conjugal home at Parlakhemundi she was done to death by the accused persons. It is alleged by the informant that for non...
Ananta Kumar Pal and ors. Vs. Markanda Charan @ Chandra Pal and ors.
Court: Orissa
Decided on: Jan-09-2002
Reported in: 93(2002)CLT153
P. K. Balasubramanyan, C.J. 1. Plaintiffs are the appellants. The suit was one for partition. The suit was dismissed by the trial court. Hence, this appeal by the plaintiffs.2. Plaintiff No. 11 is the younger brother of defendant No. 1. Plaintiffs 1 to 10 are the children of plaintiff No. 11. Accounting to the plant, plaintiff No.11 was mentally unsound. The plaint proceeds on the basis that there were certain ancestral properties; that plaintiffNo. 11 and defendant No. 1 were having a joint trade; that there was a partition between them, but in that partition the elder brother did not give, any share in the income of the joint business to the younger brother; that defendant No. 1 acquired certain properties out of the income of the joint family business, and that the said properties were also available for partition. The properties are shown in Schedule 'Kha' and 'Ga'.3. The first defendant and his vendees resisted the suit. The first defendant pleaded that there was already a partiti...
Mahanadi Multipurpose Industries and ors. Vs. State of OrissA.
Court: Orissa
Decided on: Jan-09-2002
Reported in: 93(2002)CLT231
P. K. Balasubramanyan, C.J. 1. This appeal is filed by the defendants in a suit for recovery of money with interest thereon, filed by the plaintiff-State, on the basis that though paid for, the first defendant had not supplied the quantity of goods as agreed to; that a part of the amount was liable to be refunded; and that interest on the amount to be refunded was also to be paid by the first defendant @ 6% per annum from the date of demand for refund of the amount as contained in the letter dated 28.10.1965. The defendants resisted the suit. They resisted the claim of the plaintiffs by contending that they had supplied goods worth much more than the amount claimed by the plaintiffs, and that the balance amount due from the defendants, if any, was something less than that claimed in the plaint. They also contendedthat they were not liable for the suit claim in view of the fact that it was the plaintiffs that were guilty of breach of contract and in fact the defendants had incurred a to...
Tapan Kumar Majhi and ors., Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-09-2002
Reported in: 93(2002)CLT503
P.C. Naik, J.1. The question involved in these five writ applications being similar, they were heard analogously and are being disposed of by this common judgment.2. The petitioners, who were working as Non-Formal Education Facilitators, had prayed for a direction to the opposite parties to pay them the regular pay scale as is being paid to the Primary School Teachers in the State and extend to them other consequential benefits from the date of their initial appointment. The further prayer is for a direction to the opposite parties for disbursing the differential arrear salary accrued to them from the date of their appointment. In substance, the claim of the petitioners is that since they are discharging the same duties as of the primary school teachers, they are entitled to same scale of pay and other service benefits which are being paid/extended to the primary school teachers.3. A counter-affidavit has been filed on behalf of the State Council of Educational Research and Training op...
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