Court : Orissa
Reported in : [1990]78STC271(Orissa)
D.P. Mohapatra, J.1. The question that arises for consideration in this case is whether in the facts and circumstances of the case imposition of penalty against the petitioner under Section 13(5) of the Orissa Sales Tax Act, 1947 (for short 'the Act') was legal and justified.2. The petitioner, an unregistered dealer, was assessed under Section 12(5) of the Act to tax amounting to Rs. 1,450 for the year 1977-78. The order was communicated to him on February 9, 1980. Having failed to pay the tax within one month as provided under Section 13(4) of the Act, the Sales Tax Officer, Ward 8, Balasore I Circle (opposite party No. 2) passed the order dated August 30, 1980, in annexure 2 imposing penalty of Rs. 741 being fifty per cent of the tax due under Section 13(5) of the Act. The petitioner moved the Commissioner of Sales Tax in revision against the said order. The Additional Commissioner of Sales Tax, opposite party No. 1, dismissed the revision petition by order dated February 20, 1982, a...
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ2009; 1991(I)OLR154
J.M. Mahapatra, J.1. The revision is directed against the judgment and order dated 3-4-1982 of the learned Sessions judge, Ganjam, Berharnpur maintaining the conviction of the petitioner under Set. 376,1. P. C. and sentencing him to R. L for five years thereunder.2. Prosecution case in a nut-shell is that in the evening of 3-8-1979 the petitioner along with some others of village Budhamba was going with a woman by name Mathamani Jani towards Dera burial ground. One Ladu Kishore Pradhan saw it and waited on the road to see .what they were doing. About half an hour after he found all those persons including the petitioner running away. He went to nearby liquor shop and found some persons and told them as to what he had seen. Then all of them went to the spot and found the prosecutrix Mathamani Jani (P. W. 3) lying there almost naked. To their query she told them that one healthy boy of Dera community of Kodala and one boy of Kharada community and three others, whom she could identify rob...
Tag this Judgment!Court : Orissa
Reported in : 1996(I)OLR416
A. Pasayat, J. 1. Revisional order passed by the Commissioner of Consolidation, Orissa in a proceeding under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, 'the Act') is underchallenge. Three revision applications were taken up together, and disposed of by the impugned order (Annexure-4 to the writ application).2. Factual position as borne out from records is as follows : One Bishnu Pal filed three objection cases under Section 9 (3) of the Act claiming that he had equal share in the disputed properties along with Suka Dei, Dhirendra Pal, Madhabi Dei, Maheswar Dutta and Basu Das. According to Bishnu, his share was 50% while that of others was 50%. Genealogy as stated by Bishnu (opp. party No. 1 in the present writ application) was to the following effect: One Ekadasi had three sons, namely, Raghu, Rama and Dama. Raghu's wife was Hira. They had three daughters, namely, Jeme Jhuna and Puni. Puni and her husband Banchhanidhi...
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ3114; 2003(I)OLR597
A.S. Naidu, J.1. This Criminal Appeal has been filed challenging the order of conviction and sentence dated 7-11-1998 passed by the Additional Sessions Judge, Balasore in S. T. No. 47/216 of 1996 sentencing each of the appellants to undergo R. I. for ten years and to pay a fine of Rs. 25,000.00, in default to undergo R. I. for one year under Section 376(2)(g) IPC; R.I. for fifteen days under Section 341 IPC; and R. I. for six months and to pay a fine of Rs. 2,000.00, in default to undergo R. I. for one month more under Section 379 IPC, with direction that the sentences of imprisonment would run concurrently.2. The criminal action was set in motion on the basis of an FIR filed by one Bholanath Panigrahi (PW-9), father of the victim minor girl Nirmala (PW8), alleging that on 5-5-1996 Nirmal was returning from her maternal uncle's house in village Saraswatipur and she got down from bus at a place called Anji Chhak. Thereafter she proceeded towards village Bajana. While she was on Sahaspur...
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ134
A. Pasayat, J.1. This appeal has been filed by the Life Insurance Corporation of India (hereinafter referred to as 'the insurer') and also as defendant for the sake of convenience against the judgment and decree passed by the learned Subordinate Judge, Baripada, decreeing the suit filed by the present respondent (hereinafter referred to for the sake of convenience as 'plaintiff), for realisation of the sum of Rs. 32,000/-. The suit was filed by the plaintiff, claiming to be the nominee of Prabhakar Sahu, the policyholder (described hereafter as 'the deceased'), seeking for a direction to pay the amount covered by insurance. The claim was resisted by the insurer on the ground that there was material suppression of facts at the time of taking the policy.2. In a nutshell, the case of the parties is as follows:Prabhakar Sahu undisputedly was the policyholder in respect of policy No. 10832374 and he breathed his last on 17.12.1976 at Baripada Hospital. The policy was for Rs. 30,000/- which ...
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2271
L. Rath, J.1. All these appeals arise out of the same judgment in Sessions Trial No. 163/4 of 1986/87 and hence are disposed of by this common judgment. All the appellants and two others namely Himanshu Patra and Janmejaya Rajhans were prosecuted Under Section 395, IPC read with Section 25-A of the Arms Act and Section 9-B of the Indian Explosive Act and another Siba Sahu was prosecuted Under Sections 412 and 414, IPC. All the appellants except Suren Kumra (Appellant No. 2 in J. Cr. A.7/89) were convicted under Section 395, IPC, Section 25-A of the Arms Act and Section 9-B of the Indian Explosive Act and sentenced to undergo R.I. for eight years Under Section 395, IPC and one year each under the other heads of charges with direction for the sentences to run concurrently. Suren Kumra was convicted Under Section 412, IPC and sentenced to undergo R.I. for eight years. While Criminal Appeal No. 298/88 has been preferred by Munna Naik and Barun Tandia, Jail Criminal Appeal No. 328/88 has be...
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori21
Narasimham, C.J. 1. This is an appeal from the judgment of the Additional District Judge of Puri rejecting a reference made by the appellant-claimant, under Section 18 of the Land Acquisition Act against the award of the Collector of Puri. .252 acres of homestead lands of the appellant appertaining to plot Nos. 1712, 1713 and 1714 in the town of Bhubaneswar close to the famous temple of Lord Lingaraj were acquired by the Collector for the improvement of another Temple known as Chitrakarani Temple which lies adjacent to the acquired plots. The said Temple is under the management of the Archeological Department of the Government of India. The acquisition was made in two instalments. The first one was on 10th November 1947 when 126 acres were acquired and the second one was on the 14th September 1949, when the remaining 126 acres were acquired. The claimant had used the plots for the purpose of storing sugar-cane presses which he used to let out on hire to cultivators. There was a stone w...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori155
R.N. Misra, J. 1. This is an application for a writ of certiorari to quash the order dated 7-10-1974 (Annexure 7) issued by the Principal of the M. K. C. G. Medical College at Berhampur (opposite party No. 5) cancelling the admission of the petitioner into the 1st Year M. B. B. S. Class and for a writ of mandamus to allow the petitioner to continue as student of the 1st year M. B. B. S. Class of the said College on the footing that she has been validly selected as per the intimation given to her on 21st of September, 1974 under Annexure 5. 2. The petitioner passed the 1st year Degree (Science) Examination of the Utkal University with Physics, Chemistry and Biology as group subjects and during the 1974-75 session was studying in the 4th year B.Sc. Honours Class of the S. B. Women's College at Cuttack. In July, 1974, a notice was published calling upon eligible candidates to submit applications in the prescribed form for admission into the 1st year M. B. B. S. Class of any of the three M...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori161
S.K. Ray, J. 1. The respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated 2-8-1968 of one Kinu Bal who died on 17-11-1968. This was registered as O. S. No. 1 of 1971 in the court of the District Judge, Cuttack. By decision dated 11-5-1972 the District Judge directed issuance of letters of administration with a copy of the will annexed in favour of the applicant Niranjan Bal on his furnishing security to the extent of Rs. 15,000/-. The appellants who had appeared in response to citations issued by the District Judge claiming an interest in the estate of the deceased being aggrieved with the aforesaid decision have filed the present appeal. 2. The appellant No. 1 lodged caveat against the grant of probate of the will with the District Judge. In his written statement the appellant No. 1 challenged the genuineness of the will and the testamental capacity of the testator on various grounds set out in p...
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