Orissa Court September 1999 Judgments
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G. Sreenivasan and ors., Etc. Vs. Principal, Regional Engineering Coll ...
Court: Orissa
Decided on: Sep-07-1999
Reported in: AIR2000Ori56
A. Pasayat, Actg. C.J.1. As dispute involved in all these writ applications is common, this judgment will govern each one of them.2. Petitioners in these writ applications have challenged the notification issued by the Regional Engineering College, Rourkela (hereinafter referred to as the 'College') refusing to allow their appearance at the higher semesters on the ground that they have not completed back (lower) semesters. Prayer in each case is to quash the aforesaid notification and to allow them to sit in the higher semesters. Dispute raised lies within a comparatively narrow compose as according to petitioners they are eligible to appear on the basis of 'back paper'/rechecking procedure.3. Background facts so far as undisputed are as follows :The College was established in the year 1961 and affiliated to Utkal University. Initially, regulations of the said University were being followed. After establishment of Sambalpur University, the College was affiliated to Sambalpur University...
State of Orissa Vs. I.D.L. Chemicals (P.) Ltd.
Court: Orissa
Decided on: Sep-07-1999
Reported in: [2000]118STC475(Orissa)
A. Pasayat, Ag. C.J.1. Applications for reference Under Section 24(1) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') having been refused, the present applications Under Section 24(2) of the Act have been filed. Since identical disputes are involved, this order shall govern each of the cases under consideration.2. The assessment years involved are 1976-77, 1977-78 to 1983-84 and 1990-91. While disposing of the appeals filed Under Section 23 of the Act, the Orissa Sales Tax Tribunal (in short, 'the Tribunal') upheld the orders passed by the Assistant Commissioner of Sales Tax, Sundargarh Range, whereby the assessments made Under Rule 12(5) of the Central Sales Tax (Orissa) Rules, 1957 (in short, 'the Orissa Rules') read with the Central Sales Tax Act, 1956 (in short, 'the Central Act') for all the aforementioned period except for the assessment year 1990-91 for which the assessment was set aside for fresh adjudication.3. Background facts relevant to be noted for the purpose of t...
Smt. Chandana Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-06-1999
Reported in: 1999(II)OLR589
A. Pasayat, J.1. Alleging casual approach by the authorities of Cuttack Municipality, presently a Corporation, in dealing with mosquito menace, this application has been filed by a young lady'espousing the grievance of the people of Cuttack city. It is alleged that this thousand year old city has become a virtual breeding ground of mosquitoes, a playground of stray cattle and virtually open drains keep up dirt pits and public excretion.2. Prayer in essence is to save the residence from health hazards.3. State and three of its functionaries (Secretary, Health Department, Director, Public Health and District Magistrate-cwm-Collector, Cuttack) in addition to the Municipality are opp. parties.4. The stand of the Municipality is that heavy expenditure is made annually for mosquito eradication and effective drainage system. Several measures taken for eradication of mosquitoes have been highlighted in the counter affidavits. Reference has also been made to the report of a Committee consisting...
Gobardhan Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-06-1999
Reported in: 89(2000)CLT509; 2000CriLJ1641; 1999(II)OLR381
P.K. Mohanty, J.1. This is a petition Under Section 482, Cr.P.C. assailing reopening of the investigation by the Investigating Officer in G.R.Case No. 1 13 of 1998 pending in the Court of the learned S.D.J.M.. Dhenkanal after submission of the charge-sheet.2. The short fact of the case is that on the basis of an FIR, Dhenkanal Sadar P.S.Case No. 42 of 1998 was registered Under Sections 147/148/354/323/294/307 read with Section 149, IPC Subsequently, the case turned to one Under Section 302, IPC and G.R.Case No. 11 3 of 1998 was registered. The Investigating Officer after conducting the investigation and recording the statements of the eye-witnesses and other witnesses Under Section 161, Cr.P.C. submitted a charge-sheet on 1.6.1998 before the learned Magistrate against 24 accused persons citing 33 persons as charge-sheet witnesses. On 24.6.1998, the learned S.D.J.M. took cognizance of the offence under Secs. 147/148/306/364/323/302 read with 149, IPC and N.B.Ws. were issued against the ...
Ajaya Mohanty and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-06-1999
Reported in: 2000CriLJ785
ORDERP.K. Tripathy, J. 1. In this application under Section 482 of the Criminal Procedure Code, 1973 (in short 'the Code') petitioners who are the accused persons in Sessions Trial No. 85/73 of 1997 of the Court of Chief Judicial Magis trate-cum-Assistant Sessions Judge, Khurda have prayed to quash the order dated 28-2-1997 of the trial Court by which learned Assistant Sessions Judge framed charge against the petitioners for the offence under Sections 25 and 27 of the Arms Act, 1959 and SECTION 326 and 307/149, IPC.2. It is alleged by the prosecution that on 21-4-93 at about 10 a.m. when the informant Siri Dei and a co-villager Buna Dei were tending cattle in and around the disputed cashew field, petitioners with many other (co-accused persons) came there with firearms and deadly weapons like Pharsa, Katuries and lathies, outraged modesty of the informant and on hearing her shout when her co-villagers came to the spot petitioners and the co-accused persons attacked and assaulted them b...
Sri Janardan Mohanty Vs. Union of India (Uoi) and 3 ors.
Court: Orissa
Decided on: Sep-03-1999
Reported in: 2000(II)OLR126
ORDER1. Heard Mr. P.C.Acharya for the petitioner and Mr. P. K. Parhi, Standing Counsel, Central Government for the opp. parties.The writ petitioner, a permanent resident of Orissa was appointed as a constable in Central Industrial Security Force (hereinafter referred to as 'C.I.S.F.'). He was promoted to the rank of Assistant Sub-Inspector Clerk. While he was posted in the C.I.S.F. Unit, H.E.C., Ranchi a disciplinary proceeding was initiated against him. By final order dated August 29, 1998 the Deputy Inspector General of the Unit at Ranchi being the disciplinary authority imposed punishment of removal from service with immediate effect. The petitioner filed an appeal before the appellate authority, being the Inspector General, Eastern Sector. As the petitioner was removed from service he had to come back to his permanent place of residence in the district of Angul within the State of Orissa. By order dated April 9, 1999 the appellate authority dismissed the appeal and the said order w...
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