Court : Orissa
Reported in : 1971CriLJ742
ORDERS.K. Ray, J.1. This is an application for quashing proceedings of the Certificate Officer of Boudh in Certificate Case No. III-8/65 in which bv order dated 10-4-67 the said Certificate Officer has found | the petitioner to be liable to be committed Under Section 478 Cr.PC for an offence Under Section 228 IPC. and that he has also committed contempt of court by casting aspersions on the Certificate Officer to his integrity and judiciousness.2. The background of this proceeding may be briefly stated. The petitioner is the Commercial Tax Officer. Ganjam II Circle, Bhanianagar. He assessed one Bhagaban Panda of Bhagiabahal to sales tax in exercise of his powers as Sales Tax Officer under the provisions of the Orissa Sales Tax Act of 1947. The assessee having defaulted to pay the tax, recourse was taken to certificate procedure under the Orissa Public Demands Recovery Act for realisation of the same. The requisition was sent Under Section 4 of the Orissa Public Demands Recovery Act of ...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ481
Patra, J. 1. The petitioners were sureties for one Saikh Ahmed of Calcutta who was standing trial in G. R. Case No. 4 of 1964 in the court of the Addl. District Magistrate (Judicial), Cuttack, on a charge under Section 420, I.P.C. and Section 27 of the Drugs Act, and executed bail bonds for Rs. 5,000/-. As thereafter the accused person failed to appear in the court on the date fixed, notices were issued to the petitioners to show cause why the bail bonds executed by them should not be forfeited. After they showed cause the learned Additional District Magistrate (Judicial) considered the same and passed an order under Section 514(5) Cr. P. C. forfeiting the bonds. Against this order of the learned Additional District Magistrate (Judicial), an appeal was filed in the court of the District Magistrate, Cuttack, who being of the view that the expression 'District Magistrate' in Section 515, Cr. P. C. includes an 'Additional District Magistrate (Judicial)', held that he had no jurisdiction t...
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT321; 1971CriLJ1497
ORDERS. Acharya, J.1. The appellant stands convicted Under Section 302, Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.2. The prosecution case, in short, is that on the afternoon of 17th February, 1966, Puma Ram (P.W. 13) the appellant, accused Kangali Ram, and one Jogi Ram played cards for sometime and thereafter went to a liquor shop and. all of them took liquor there. After drinking liquor when P.W. 13, the appellant, and Kangali Ram were returning on Jae village road and were in front of the house of P. Ws. 5 and 6, Purna Ram (P.W. 13) demanded from the said Kangali Ram his 8 annas which he had paid in excess for the price of liquor consumed by all of them. Thereupon, both the accused Kangali Ram and Krushna Singh the appellant, pressed P.W. 13 down on the ground, and when P.W. 13 raised a hulla P. Ws. 11 and 12 immediately came to the spot. Accused Kangali Ram then gave a fist blow on the nose of P.W. 13 at that place as a result of w...
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT396; 1971CriLJ1494
ORDERS.K. Ray, J.1. Petitioner No. 2, Ram Nivas, has a grocery shop at Pipli. Petitioner 1 is a relation of petitioner 2 and works as a helper in the said shop. There was a bag of Arhar Dal in the shop on 17-8-1961 for sale. That day, at about 12 noon, the Food Inspector purchased 750 grams of Arhar Dal on payment of 95 paise. After serving on the two petitioners notice as required Under Section 11 of the Food Adulteration Act, the Food Inspector obtained a receipt (Ext. 2) under the joint signature of the petitioners. In that receipt the petitioners acknowledged having sold 750 grams of Arhar Dal at the market price of 95 paise. The Food Inspector divided the purchased-sample into three parts, and sealed them in three clean bottles; one bottle was given to the accused-petitioners, one was sent to the Public Analyst, and the third was kept by the Food Inspector for production in Court at the time of trial.2. The Public Analyst reported that the sample contained foreign material 30 per ...
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT330
A. Misra, J.1. The facts, in brief, so far relevant on which this application under Articles 226 and 227 of the Constitution is founded, are as follows:Uchashikshyasram High School of Village Kadaliban was started as a private institution in which the petitioner was appointed as an Asst. teacher by the Managing Committee in the year 1943 and he continued to serve there. In the year 1962, the State Government took over this institution along with other similar institutions situate at different places in the State declaring them as Government managed full deficit aided High Schools. The Managing Committee was abolished and a set of Rules as at Annexure' 1 were introduced for the management and administration of the institutions. Subsequent to the taking over of management of such institutions opposite parties effected transfers of teachers from one school to another, in the course of which, petitioner was transferred to Kolar-Joypur High School but later on ordered to rejoin his original...
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT100; 1972CriLJ1148
ORDERA. Misra, J.1. This revision has been filed against an interlocutory order of the learned Magistrate. 1st Class. Cut-tack directing attachment of the property in a proceeding under Section 147 Cr. P.C.2. At the instance of opp. party Nos. 1 and 2. proceedings under Section 144 Cr. P.C. were initiated against the petitioner and registered as Misc. Case No. 148 of 1971 by the Sub-divisional Officer and Magistrate, 1st Class. Cut-tack. On the application of the 2nd party members, a local inspection was conducted by the Magistrate. 1st Class in the presence of the parties and as the 2nd party claimed a right of user of the land for the purpose of worshipping a deity installed thereon, the proceeding under Section 144 was converted to one under Section 147 Criminal P.C.. the learned Magistrate being satisfied that 'a dispute likely to cause breach of the peace exists between the parties in regard to the right of user of the land' and parties were called upon to file their respective wr...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori224; 38(1972)CLT1101; (1972)IILLJ432Ori
G.K. Misra, C.J. 1. The petitioner appeared in the Matriculation Examination at the Banki Bidapitha Centre, Banki, held by the Secretary, Board of Secondary Education (opposite party) on 16th to 20th of March, 1971. On 17-5-1971 the opposite party addressed the letter (Annexure 1) to the petitioner. For appreciation of the points in issue the entire letter is extracted hereunder:--'BOARD OF SECONDARY EDUCATION,ORISSA, CUTTACK-1No. Exam. (C)-1822/Dt. 17-5-71H.S./71. From Shri P.C. Roy, M.A. (Com)Secretary, Board of SecondaryEducation, Orissa, Cuttack-1 To Smt. Pramila Dei, Roll No. M. 7619Daughter of Antaryami Rout,VIII./P. O. Banki District -- Cuttack.It has been reported by the Centre Superintendent of B.K. Bidyapitha, Banki Centre, that you have adopted unfair means at the Annual High School Certificate Examination, 1971 in respect of Sanskrit -- I paper on 17-3-1971. In this connection, I am directed to say that the following charges have been made against you. (1) While the Annua...
Tag this Judgment!Court : Orissa
Reported in : (1972)IILLJ443Ori
G.K. Misra, C.J.1. On 28-4-67 a reference was made by the Government of Orissa, Labour, Employment and Housing Department by an order (Annexure 1) under Section 10(1)(d) of the Industrial Disputes Act, 1947 (Act 14 of 1947) (hereinafter to be referred to as the Act) to the Industrial Tribunal for 'adjudication of certain dispute arising between the petitioner-company and the Orissa Ceramic Workers' Union represented by opposite party No. 1. The dispute as referred to in the Schedule to Annexure 1 runs thus:Whether the suspension of four workmen, namely, Sarbashri Gajapati Sura, Janakar Joha, Bideshi Kumbhar and Iswar Deheria by the management of the Orissa Ceramic Industries Ltd., Jharsuguda, from 24-9-66 to 17-10-66 is legal and justified If not, what relief the workmen are entitled?2. On 13-9-67 the petitioner submitted its statement of the case (Annexure II). Opposite party No. 1 submitted his statement of the case (Annexure III) on 18-10-67. On 30th of January, 1968, a list of docu...
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT840; 1973CriLJ295
ORDERR.N. Mishra, J.1. This is a reference made by the learned Sessions Judge. Bolangir, recommending the quashing of the order dated 28.4.1971, passed by the Sub-divisional Magistrate Nawapara acquitting the opp. parties of an offence under Section 447 of the Indian Penal Code on the ground of non-appearance of the complainant on the date fixed for argument.2. The learned Sessions Judge noticed this irregularity during his inspection of the records of the Court of the Sub-divisional Magistrate and thereafter called for the records of the court in exercise of powers under Section 435 of the Code of Criminal Procedure and registered a case in his own court, being revision No. 11-K of 1971. In due course he made a reference to this Court under Section 438 of the Code of Criminal Procedure.3. The opposite parties in spite of notice have not entered appearance. The learned Additional Government Advocate is heard in support of the referenece.4. On a perusal of the order sheet of the crimina...
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori107; 38(1972)CLT1022
R.N. Misra, J.1. This is an application under Articles 226 and 227 of the Constitution of India asking for quashing of the appellate order passed under Section 64 of the Motor Vehicles Act. 1939 (hereinafter referred to as the Act) by the opposite party No. 3.2. The petitioner is the grantee of a permanent stage carriage permit from the State Transport Authority on the Bargarh to Rampur via Barpali route. The two destinations are admittedly situate in two different places --Bargarh being in the district of Sambalpur and Rampur within the district of Bolangir. The opposite party No. 2 obtained a stage carriage permit on the route Baragarh to Rampur via Sikirda from the Regional Transport Authority of Sambalpur. This permit was extended upto Binka and was valid upto 26-12-1971. The opposite party No. 2 made an applicantion for renewal of the permit before the Regional Transport Authority, Sambalpur (opposite party No. 1) as provided for under Section 58 of the Act. This application was m...
Tag this Judgment!