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 : 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...
Tag this Judgment!Court : Orissa
Reported in : 1994(II)OLR588
G.B. Pattnaik, J.1. The order of the State Transport Appellate Tribunal (opp. party No. 5) in M. V. Revision No. 10/89. annexed as Annexure-3. is being challenged by the petitioner, a Company Incorporated under the Indian Companies Act and carrying on business of road transport.2. The petitioner had been operating on the route Aska to Durgapur. Opp. party No. 2. State Transport Authority. Orissa, issued an advertisement on 1-9 1986 is respect of the inter- Stata route of Aska to Durgapur covering a length of 654 Kilometres out of which 469 Kilometres is within Orissa and 185 Kilometre is within West Bengal. In accordance with the reciprocal agreement between the two States, the routs was notified Under Section 63(3-B) of the Motor Vehicles Act. 1939 (hereinafter referred to as the 'Act'). An advertisement was issued Under Section 57(2) of the Act on 1-9-1986 inviting applications from intending operators by 1-10-1986. The advertisement was published in the daily newspaper 'The Samaja'....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT1010; 1994(II)OLR262
B.N. Patnaik, J.1. The petitioner while challenging the validity of Rule 25 of the LAMPS Common Cadre Employees of Key Personnel Service Rules (hereinafter called 'Cadre Rules') which came into force from 1-7-1985 prays for a direction to quash the order dated 13-6-1991 passed by the Cadre Cell, Mayurbhanj Central Co-operative Bank, Ltd. Baripada, retiring him from service with effect from 31-3-1991 (Annexure 3)2. In the year 1977 various Service Co-operative Societies and Gram Panchayat Grain Gola Co-operative Societies were re-organised and the Large Sized Agricultural Multipurpose Co-operative Societies (for short,'LAMP') were constituted in the district of Mayurbhanj. The LAMPS were affiliated to the Mayurbhanj Central Co-operative Bank,Bari-pada. In the process of re-organisation the existing Co-operative Societies were either amalgamated with LAMPS or liquidated. Purnia Grain Gola Gram Panchayat Society was amalgamated with Baisinga LAMPS and a branch was opened at Purnia.The pet...
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ174; 1994(II)OLR430
A. Pasayat, J.1. Appellant Keshab Chandra Panda (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable Under Section 304B of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of seven years imprisonment as awarded by learned Addl. Sessions Judge, Jajpur,2. Accusation which led to trial of accused- appeiiant are as follows :On 15-1-1989,the accused and Pravatini alias Chema Kar (hereinafter referred to as the 'deceased') entered into wedlock. Subsequently, some dissensions surfaced between them, which according to prosecution was on account of non-fulfilment of demands for dowry made at the time of marriage. The accused assaulted the deceased with an iron red on 2-6-1989, which led to lodging of information at Kuakhia Out-Post on 3-6-1989. A Station Diary Entry was made. An effort was made to bring about amity between the accused and deceased. After a long stay in the house of her parents, the deceased returned to the h...
Tag this Judgment!Court : Orissa
Reported in : 1994(II)OLR296
A. Pasayat, J.1. Order dated 6-3-1992 passed by the learned Subdivisional Judicial Magistrate, Chatrapur (in short,'SDJM') taking cognizance of an offence punishable Under Section 448 of the Indian Penal Code, 1860 (in short, 'IPC') and directing issue of summons to the petitioner is assailed in the application under consideration. According to the petitioner, essential ingredients necessary to constitute an offence punishable Under Section 448, IPC are squarely absent. In spite of notice, Choudhury Jagannath Rao (opp. party No. 2 herein) on the basis of whose information the case was instituted has not appeared.2. In a case where challenge is about absence of essential ingredients relating to an offence, the same is to be agitated before the Court taking cognizance, as observed by the apex Court in K. M. Mathew v. State of Kerala and Anr. ; (1992) 5 OCR 66, According to the petitioner, ha has filed all the relevant documents and in spite of notice the informant has not chosen to appea...
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT707; 1995CriLJ387; 1994(II)OLR357
B.N. Dash, J.1. The petitioner is the Superintendent of Police Kalahandi, Bhawanipatna and he has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for quashing the order dated 30-10-1992 taking cognizance as also the entire criminal proceeding in ICC No. 61 of 1992 on the file of the SD JM. Bhawanipatna in which the order taking cognizance was passed.2. The opp. party No. 1 Sri Man Mohan Mathur is a member of the Rajya Sabha and he filed the aforesaid complaint case against the petitioner alleging that on 19-10-1992 at about 8 A. M. while he along with one Shri Bhupinder Singh and others were discussing about the starvation death in the district of Kalahandi with Shri J. B. Patnaik, the P. C. C. (I) President, some police officials came and took away Shri Singh after arresting him. Having failed in his attempt to contact the petitioner over phone to know the reason of the arrest of Shri Singh, the opp. party No. 1 went to Bhawa...
Tag this Judgment!Court : Orissa
Reported in : 1994(II)OLR125
G.B. Pattnaik, J.1. The petitioner, a company registered under the Companies Act and was engaged in manufacture of Steel, assails the validity of proviso to Regulation 46 of the Orissa State Electricity Board (General Condition of Supply) Regulations, which was brought in by way of amendmant by notification dated 25-6-1987, inter alia. on the ground that the said provision is ultra vires of Art. 14 of the Constitution. The petitioner has also prayed for quashing the bills raised by the Orissa State Electricity Board for the period January 1989; to August 1990 in accordance with the aforesaid amended Rugulations2. The petitioner entered into an agreement with the Board, opp. party No 1 on 16-8-1981 and under the agreement the said opp. party No. 1 undertook to supply power up to a maximum demand of 777 8 KVA/7000-KW called 'the contract demand' and the said agreement continues to be still in force. It is alleged in the write application that notwithstanding the aforesaid agreement betwe...
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