Court : Orissa
Decided on : Sep-02-1987
Reported in : 65(1988)CLT35; 1989CriLJ264
G.B. Patnaik, J.1. This is an application under Section 482 of the Cri. P.C. for quashing of the charges framed against the petitioners under Sections 485, 486 and 487 of the I.P.C. (hereinafter referred to as the 'Code') and Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act').2. When this matter was heard by one of us, namely Hon'ble Justice B.K. Behera, several important questions having arisen for consideration and no direct decision either of the Supreme Court or of this Court being there on the points, it was directed that the case be placed before a larger Bench for disposal and that is how the matter has come before the Division Bench.3. On 5-8-1979, the godown premises of the petitioners was raided by Mangalabag Police people and several articles were seized The seized articles were mustard oil, Vanaspati, coconut oil of different brands. After seizure, the Food Inspector of Cuttack Municipality drew...
Tag this Judgment!Court : Orissa
Decided on : Nov-03-1987
Reported in : AIR1988Ori132
ORDERS.C. Mohapatra, J.1. Judgment-debtor is the petitioner in this civil revision. In the execution proceeding, he filed an application for allowing him to pay the decretal dues under execution by instalment of Rs. 400/-per month. Executing court having refused the prayer, the order is impugned.2. In the year 1970, judgment-debtor took a loan from the State Bank of India, Dhenkanal Branch (hereinafter referred to as 'the decree-holder'), an amount to Rule 10,000/- carrying interest @14% per annum. Immovable property of the judgment-debtor was charged against this loan. Decree-holder filed the suit in the year 1974 for realisation of the loan amount with the stipulated interest which was decreed on 3-7-1976. Waiting for three years, application for execution was filed on 21-7-1979. Notice was served on the judgment-debtor on 24-9-1979. On 29-10-1979 writ for attachment of the properties of the petitioner was issued. It was returned unexecuted for want of identifier. Till 26-8-1983 the ...
Tag this Judgment!Court : Orissa
Decided on : Sep-25-1987
Reported in : AIR1988Ori65
L. Rath, J.1. These two petitions seek the identical relief of quashing of the notification by the Board of Secondary Education, Orissa cancelling the whole of the Annual High School Certificate Examination, 1987 held at the centre of Hadibandhu Ucha Vidyapitha, Cuttack as not having been conducted as per the rules of the Board and for other reliefs differently. Since both the cases are for the identical relief mainly, they are disposed of by this common judgment. O.C.J. No. 1996/87 has been filed by the students of the Nayabazar High School, Cuttack who appeared at the Annual High School Certificate Examination, 1987 at the Hadibandhu Ucha Vidyapitha Centre for the relief as aforesaid and for the additional relief of issue of a writ of mandamus directing the opposite party Board of Secondary Education, Orissa (for brevity 'the Board') to publish the results of the petitioners. In the case, the Centre Superintendent and Headmaster of Hadibandhu Ucha Vidyapitha has been impleaded as opp...
Tag this Judgment!Court : Orissa
Decided on : Jul-01-1987
Reported in : AIR1988Ori44
ORDERS.C. Mohapatra, J.1. Defendants are the petitioners in this civil revision against an order restoring the suit which was dismissed for default without notice to the petitioners. In spite of valid service of notice, plaintiff-opposite party has not entered appearance in this civil revision.2. The suit was for title and possession which was being contested by the defendants who filed a written statement denying the plaintiff's assertion. It was posted for hearingto 5-4-1983 on which date both the parties applied for adjournment. Both the applications were rejected and the plaintiff not being ready for hearing, the suit was dismissed for default. On 26-4-1983, the application for restoration of the suit was filed accompanied by a medical certificate. The matter was posted for hearing to 12-5-1983. That day an affidavit by the son of the plaintiff was filed in support of her absence indicating therein that the plaintiff was ill. Trial Court having restored the suit believing the groun...
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