Orissa Court January 2002 Judgments
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Chittaranjan Ram and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2002
Reported in: 93(2002)CLT583; 2002CriLJ2253
B. Panigrahi, J.1. Petitioners being undeterred by the orders of conviction and sentence passed by both the courts below have filed this revisional application.2. Prosecution case in short is as follows :On 8.6.1988 at about 11.00 A.M. while the informant Basanti Singh was constructing the kitchen in her courtyard the petitioners forming an unholy gang trespassed into her courtyard, abused her in slang language followed by uprooting the fence. When the informant protested the high-handed action of the petitioners, the petitioner Jugal Kishore Ram had assaulted her by a twig as a reason whereof she sustained bleeding injury on her hands. At that juncture her nephew Sarat Kumar Singh raised hue and cry and he too was assaulted by Jugal Kishore Ram. Petitioners Satyaranjan Ram and Chittaranjan Ram uprooted the fence of about 50 cubits length which was valued at Rs. 100/-. The matter was reported at the police station whereupon a case against the petitioners was registered under Sections 3...
M.M. and Co. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-08-2002
Reported in: [2002]127STC599(Orissa)
R.K. Patra, J.1. At what rate sales tax is payable on the sale of 'hand pump'? This is the core question that arises for consideration in this writ petition.2. The petitioner is a partnership firm and is a dealer under the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the Act'). It carries on business of manufacturing and selling of hand pumps and spare parts thereof. In response to the notice issued under Section 12(4) of the Act for the assessment year 1991-92, the petitioner appeared before the assessing officer and produced necessary documents with reference to the returns it filed earlier. The assessing officer noticed that it had sold water lifting hand pumps worth Rs. 52,52,724 to a registered dealer--Orissa Small Industries Corporation (Opposite party No. 6) on the strength of declaration in form XXXIV. Subsequently, on February 12, 1992 the petitioner filed a revised return disclosing the above sales to be taxable at the rate of 12 per cent but did not pay any tax th...
Sanatan SwaIn and Seven ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-07-2002
Reported in: 93(2002)CLT698
P.K. Tripathy, J.1. Petitioners are the accused persons in I.C.C. No. 19 of 1998 of the Court of J.M.F:C., Kodala. They pray to invoke the inherent power and to quash the impugned order dated 3.12.1998 by which learned J.M.F.C. not only took cognizance of the offence Under Section 395, I.P.C. but also issued process against the petitioners in accordance with the provision Under Section 204, read with Section 87, Cr.P.C.2. Learned counsel for the petitioners placed the fact in the following manner:One Lochan Parida, the brother of petitioner No. 1, was killed and on the report of his another brother namely, Biswanath Parida, Kabisuryanagar P.S. Case No. 141 of 1996 corresponding to G. R. Case No. 224 of 1996 was registered in the Court of J.M.F.C., Kodala forthe offences punishable Under Sections 302/307/34, I.P.C. read with Section 25-A and 27 of the Arms Act against one Hari Swain and some others. The complainant in the present case (I.C.C. No. 19 of 1998) is the wife of that Hari Swa...
Jayakaran Agarwal Vs. Yogender Hans, Partner, Hindustan Agencies, Bbsr
Court: Orissa
Decided on: Jan-07-2002
Reported in: 93(2002)CLT651; 2002CriLJ1584
P.K. Tripathy, J. 1. Accused in I.C.C. No. 6 of 2001 of the Court of S.D.J.M., Bhubaneswar is the petitioner in this application under Section 482, Cr.P.C. with the prayer to quash the said proceeding. The complainant is the opposite party. 2. Complainant/opposite party instituted the above noted complaint with the allegation that in due discharge of debt incurred due to business transaction the petitioner issued a cheque for Rs. 38,635/- drawn on Indian Oversees Bank, Rayagada and that was made in favour of the opposite party on 10.10.2000. The opposite party presented the same, for collection, to his banker i.e. Oriental Bank of Commerce, Sahidnagar branch on 14.10.2000. On 3.11.2000 the drawee bank returned the cheque with the endorsement of 'insufficient fund' and the opposite party was intimated about thatfact on 10.11.2000. Thereafter, the opposite party issued the statutory notice as provided in Clause (b) of the proviso in Section 138 of the Negotiable Instruments Act, 1881 (in...
Anam Sahu Vs. Suphala Behera and anr.
Court: Orissa
Decided on: Jan-07-2002
Reported in: 93(2002)CLT623; 2002(I)OLR187
P. K. Tripathy, J. 1. The aforesaid two revisions arise out of the same order dated 16.11.1993 passed by the learned Executive Magistrate, Angul in C.P. Ml Case No. 252 of 1993, a proceeding ultimately disposed of in accordance with the provision in Section 145, Cr.P.C.2. The first party in the aforesaid proceeding is the petitioner in Criminal Revision No. 187 of 1997 and the 2nd party members are the opposite party members. Out of them, opposite party No. 3/second party No. 3 having died in the meantime and not being substituted, his name has been struck up from the record. Second party Nos. 2 and 3 are the sons of Second party No. 1. The Second party No. 1 Suphata Behera filed Criminal Revision No. 16 of 1997 in the Court of Sessions Judge, Dhenkanal, and on being transferredto the file of Addl. Sessions Judge, Angul that was renumbered as Criminal Revision No. 16/126 of 1997. Because the same impugned order is under consideration in Criminal Revision No. 187 of 1997, therefore, as ...
Haladhar Bhoi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-07-2002
Reported in: 93(2002)CLT828
P. K. Tripathy, J 1. This revision is directed against the order of acquittal in G. R. Case No. 353 of 1995 (T. R. No. 1281/95) passed by the learned S.D.J.M., Rayagada as per the impugned judgment dated 23.3.1999. State having not preferred any appeal, the informant has preferred this revision and the accused persons are respectively opposite party members 2 & 3.2. It is the case of the prosecution that on 6.10.1995 in the evening hours at about 7 P.M. accused persons were found inside the Employees club premises of J. K. Paper Mill. Some of the rooms of the club house were found open and two locks and a dismantled television set were found inside the club room and that accused / opposite party No. 3, P. Jagadiswar Rao while escaped the other accused viz., DilipvKumar Rajguru (O. P. No. 2) found inside the premises and handed over to the police. On completion of investigation charge-sheet for the offence under Sections 457/380 read with Section 511/34,1.P.C. was submitted and the char...
Rajanikanta Padhi Vs. B. Kameswar Subudhi (Dead) After Him His L.Rs. a ...
Court: Orissa
Decided on: Jan-07-2002
Reported in: 2002(I)OLR646
P.K. Tripathy, J.1. Defendant in Money Suit No. 110 of 1971 has preferred this appeal against the decree passed on October 30, 1979 by the Subordinate Judge, Berhampur in Money Suit No. 110 of 1971. The plaintiff/respondent, in this appeal, is being defended by the legal representatives who were substituted after his death.2. Plaintiff filed the aforesaid suit for recovery of Rs. 24,480/- along with future interest on the grounds that the defendant being a front door neighbour to the plaintiffs cloth shop, was in the habit of taking clothes on credit as well as cash loan on occasions. Plaintiff during the relevant period was a registered money lender. So far as the transactions from 13.5.1965 up to 5.10.1968 are concerned, the defendant admitting the transactions as conceding to the liability executed the suit pronote on 8.10.1968 for a sum of Rs. 18,000/- with simple interest @ 12% thereon. The defendant having not repaid the same, plaintiff issued a registered notice on 28.8.1971 dem...