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 : 1995CriLJ2417
ORDERA. Pasayat, J.1. Alleging commission of criminal misconduct as set out in Section 13 of Prevention of Corruption Act, 1988 (in short, the 'Act'), prosecution has sought for action against Shri Bharat Chandra Roul, (hereinafter: referred to as the 'accused'), a public servant. It is alleged that he is guilty of offence punishable under Section 13(2) of the Act read with Section 8(3), of the Orissa Special Courts Act, 1990 (in short, the 'Special Act').2. Section 13, deals with various situations when a public servant can be said to have committed criminal misconduct. Clause (c) of Sub-section (1) of the section is pressed into service against the accused. The same is applicable when the public servant or any person on his behalf, is in possession or has, at any stime during the period of his office, been in possession for which the public servant cannot satisfactorily account of pecuniary resources or property disproportionate to his known sources of income. Clause (e) of Sub-secti...
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR361
P.C. Naik, J.1. This order shall also govern the disposal of OJC. No. 827/92 (Smt. Kamala Saha v. State of Orissa) OJC No. 1359/92 (Ganouri Prasad v. State of Orissa) and OJC No. 1361/92 (Lalan Prasad Gupta v. State of Orissa). The petitioner has filed this petition for quashing the fixation of the Minimum Guaranteed Quantity (in short, 'M. G. Q') in respect of his liquor shops and also prays for issuance of an appropriate writ, direction or order, quashing the notice of demand dated 9-12-1991 (Aunexure-3 to the petition) whereby the petitioner is required to pay a sum of Rs. 1,80,150/- towards the duty, on shortfall in lift the M.G.Q.2. The facts giving rise to the petition are hereafter stated :The petitioner is an Excise Contractor. For the year 1991-92 (1-4-1991 to 31-3-1992) tenders were invited by the Collector, Kalahandi for granting exclusive privilege in respect of country spirit in the District of Kalahandi. The petitioner and others participated in the auction-cum-tender. As...
Tag this Judgment!Court : Orissa
Reported in : 1995(2)ALT(Cri)21; 1995(I)OLR390
A. Pasayat, J. 1. Order of acquittal passed by learned Judicial Magistrate, first class, Bhubaneswar (in short, 'JMFC') in G. R. Case No. 1875 of 1991 is the subject-matter of challenge in this application by the informant. Maguni Charan Behera (opp. party No, 2) (described as 'accused' hereinafter) faced trial before the learned JMFC on the accusation of having committed an offence punishable under Section 406 of the Indian Penal Code, 1860 (in short, 'IPC'). Law was set into motion on the accusation of petitioner (hereinafter referred to as the 'informant'). 2. It is not necessary to set out the factual position in detail. The essential features are as follows : By order dated 15-2-1993, the learned JMFC directed issue of summons to the charge-sheet witnesses fixing their appearance to 13-3-1993. On that date no witness was present. Order was again passed to issue summons to the charge sheet witnesses 1 to 4 fixing 3-4-1993. The process was repeated on 3-4-1993, 28-4-1993 and 11-5-19...
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori114; 1995(I)OLR1
V.A. Mohta, C.J.1. Forests of Orissa are the invaluable treasure of this culturally rich but financially poor State. In order to prevent the illegal and ruthless exploitation of this wealth, some measures were tried by the State. For varacity of reasons - theoretical as well as practical - they were found inadequate to prevent this menace and hence a more stringent measure has been introduced. It is the Orissa Saw Mills and Saw Pits (Control) Act, 1991 (the Act). The Act is intended to create a total bar against establishing or operating any saw mill or saw pit within a reserved forest, protected forest, or any forest area, or within a radius of ten kilometers from the boundary of any such forests or forests areas. Section 4 of the Act, which has imposed this restriction, reads thus-'4. Establishment and operation of saw mill and saw pit- (1) On and after the appointed day, no person shall establish or operate a saw mill or saw pit except under the authority and subjectto the condition...
Tag this Judgment!Court : Orissa
Reported in : 1995(50)ECC98; 1995(I)OLR60
V.A. Mohta, C.J.1. Whether the case of Savitri Industries v. State of Orissa, OJC No. 1269 of 1990, decided on (2-5-1991) lays down the correct position of law is the question referred to the Full Bench. It has arisen in the context of the orders passed by authorities under the Orissa Sales Tax Act, 1947 (the Act) taking a view that paper was not a raw material for preparing the exercise book and hence was not entitled to exemption under the Industrial Policy Resolutions of the State of Orissa.2. The petitioners are registered dealers under the Act. Certificates of registration issued under Section 9 of the Act, indicate the nature of their business as manufacturing and wholesale distribution. The certificates further state that the dealers intend to use paper, board, binding cloth rexines thread stitching wire, ink, maida and marble paper in the manufacture/processing of goods for re sale and that they carry on business, inter alia, of manufacturing and otherwise producing for sale ex...
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR67
V.A. Mohta, C.J.1. The petitioner imported into the State of Orissa India-Made Foreign Liquor and stored it in the licensed bonded warehouse from where liquor is released for sale. While liquor was stored in the warehouse, a portion of the imported stock became sediment and therefore, unfit for human consumption. The said stock was destroyed. A notice was issued to him for payment of countervailing duty on the said stock to the tune of Rs. 10,02,182.00. Validity of the said demand is questioned in this petition. According to the petitioner, the quantity of liquor lost in the bonded warehouse and which cannot be issued for sale therefrom cannot be subjected to countervailing duty under the Bihar and Orissa Excise Act, 1915 (the Act) in view of Section 28 thereof.2. In support of the contention, the petitioner relied upon a Division Bench decision of this Court in the case of P.D. Jain v. State of Orissa (OJC No. 2241 of 1988,disposed of on 11-5-1992), which was followed in the case of M...
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori106
V.A. Mohta, C.J.1. Nimain Charan Mohanty is the Chairman of Oondia Pancha-yat Samiti in the district of Dhenkanal. Election had taken place on 14-7-1992 in terms of Section 16(3) of the Orissa Panchayat Samiti Act, 1959 (the Act). Sometime in early August, 1994, 15 members of the Panchayat Samiti had sent to the Sub-Collector, Dhenkanal, a requisition petition to convene a special meeting of the Samiti for consideration of a no-confidence motion against theChairman. Vide order dated 28-8-1994, the said requisition petition was rejected and hence not acted upon on the ground that the petition was not in order in terms of clause (a) of Sub-section (2) of Section 46-B of the Act, which provider for signature of atleast 1/3rd of the members with a right to vote. Consequently, no special meeting was, in fact, convened. On 25-10-1994, a second requisition for the same purpose, signed by 30 members, was given, pursuant to which a special meeting, as contemplated by Section 46-B, has been conv...
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ1561; 1995(I)OLR151
A. Pasayat, J. 1. 'Rape or Raptus is when a man has carnal knowledge of a woman by force and against her will'' (Co. Litt. 123 b); or, as expressed more fully, 'rape is the carnal knowledge of any woman above the age of ten years, against her will; or of a woman child, under that age, with or against her will' (Hale P. C. 628). In India, as set out in Clause Five of Section 375 of Indian Penal Code, 1860 (in short, 'IPC') the age relating to consent is sixteen years, at present. Original age of ten has been substituted from time to time in 1891 and 1925 by twelve years, and fourteen years. Since 1943 it is sixteen years. The essential words in an indictment for rape are rapuit and carna-liter cognovit. Rape is no longer considered as sexual assault by a man on the victim. Its scar on account of physical action may be obliterated; but it lives in an indolent state of mind of the victim which is never healed. Here the victim whose name we do not propose to indicate, has suffered ignomity...
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR288
A. Pasayat, J. 1. Petitioner claims to be a (minority institution in terms of Article 30 of the Constitution of India 19 (in short, the 'Constitution'), and questions authority of the Inspector of Schools, Sambalpur (opp. party no. 3) to constitute a managing committee in-terms of the provisions of Orissa Education (Establishment, Recognition and Management of Private Schools) Rues, 1991 (in short, the 'Rules'). According to the petitioner-institution which is represented through Sri Chandan Sigh Negi stated to be its President, is a Hindi medium school, and therefore, the Orissa Education Act, 1969 (in short, the 'Act') has no application. Stand of the State is that institution is not a minority institution. Some members of staff of the institution have prayed to be impleaded as parties.2. Facts necessary to render the decision are as follows :It is the case of the petitioner that managing committee of the institution was re-constituted by order dated 13-11-1990 (Annexure-3) to the wr...
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