Orissa Court February 2001 Judgments
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Dr. Arun Kumar Dandapat Vs. Collector and District Magistrate, Cuttack ...
Court: Orissa
Decided on: Feb-16-2001
Reported in: 91(2001)CLT649; 2001(I)OLR408
ORDER1. Heard learned counsel for the petitionTuesday, July 29, 2003er and learned Additional Government Advocate for the opposite parties. The petitioner has prayed for a direction to opposite patties 2 to 4 to grant the certified copy of Station Diary Entry No. 208 dated 8-9-1998 made in the Station Diary maintained by the Cantonment Police Station, Cuttack. It is stated that though application for issuance of certified copy was made on 1-12-2000, no such copy is being granted and non-consideration of the application of the petitioner for grant of certified copy for a long period, in fact, amounts to denial of grant of such certified copy.2. The moot question is whether such a certified copy can be granted. Sections 74 to 78 of the Indian Evidence Act deal with 'public documents'. Section 74 is extracted here-under:--'74. Public Documents.--The following documents are public documents : (1) Documents forming the acts or records of the acts,-- (1) of the sovereign authority, (ii) of o...
Smt. Buli Dash Vs. State of Orissa and Others
Court: Orissa
Decided on: Feb-16-2001
Reported in: 91(2001)CLT734; 2001(I)OLR580
P.K. Misra, J.1. The petitioner was elected as Sarpanch of Gunthuni Grama Panchayat in the district of Nayagarh. She has impugned the order under Annexure-1 passed by the Collector disqualifying her from continuing as Sarpanch for having incurred disqualification as contemplated in section 25(3) of the Orissa Grama Panchayat Act, 1964 (in short, the 'Act'). Section 25(3) of the Act is extracted hereunder :--'25. Disqualification for membership of Grama Panchayat- (3) Without prejudice to the provisions of the foregoing sub-sections the Sarpanch of a Grama Panchayat shall be disqualified to continue and cease to be the Sarpanch, if he fails to attend three consecutive ordinary meetings of the Samiti, of which he is a member, without the previous permission in writing of the said Samiti.' 2. The learned counsel for the petitioner has contended that in absence of any resolution of the Grama Panchayat to the effect that the petitioner had remained absent from three consecutive meetings, no...
Laxminarayan Purohit Vs. Addl. Commissioner of Commercial Taxes and An ...
Court: Orissa
Decided on: Feb-16-2001
Reported in: 92(2001)CLT67; 2001(I)OLR526
R.K. Patra, A.C.J.1. Is the Sales Tax Officers obliged to impose the maximum penalty prescribed under sub-section (6) of section 13-AA of the Orissa Sales Tax Act, 1947 This is the short question that arises for consideration in this writ petition filed by the Executive Engineer, Roads and Building Division, Sambalpur.2. The facts necessary for adjudication of the above question may be delineated :The petitioner entrusts execution of different works to various contractors under his Division. Sub-section (1) of section 13-A A of the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the Act' requires that any person responsible for paying any sum to any contractor for carrying out any works contract which involves transfer of property in goods shall at any time of credit of such sum to the account of the contractor or at the time of payment thereof in cash or by issue of a cheque or any other mode deduct an amount, towards sales tax equal to four percent of such sum of works contra...
State Vs. Yudhisthira Nanda
Court: Orissa
Decided on: Feb-16-2001
Reported in: 2001(I)OLR490
R.K. Patra, A.C.J.1. This (suo motu) revision at the instance of the learned Sessions Judge, Khurda is directed against the judgment and order dated 5.6.2000 of the learned Judicial Magistrate First Class, Khurda in G.R. Case No. 752 of 1994 (T.R.No. 150 of 1999) by which he has acquitted the opposite party of the. offences Under Sections 279 and 304A, I.P.C.2. The learned Sessions Judge in course of his inspection of the Court of the concerned Magistrate detected that the opposite party was acquitted of the offence Under Sections 279 and 304A. I.P.C. because he was not identified as the driver of the offending vehicle. The learned Sessions Judge found that on the day when the eye-witnesses were examined in Court, the opposite party was represented by his, lawyer Under Section 317 of the Code of Criminal Procedure and accordingly had no opportunity to identify the culprit.3. I have heard Shri PC. Rout, learned Additional Standing Counsel for the State. 1 did not feel inclined to issue ...
Atul Churiwala Vs. State of Orissa
Court: Orissa
Decided on: Feb-16-2001
Reported in: 2001(I)OLR484
M. Papanna, J.1. This is an application Under Section 401 of the Code of Criminal Procedure seeking to quash the judgment dated 2.5.1995 passed by the learned Addl. Sessions Judge, Bhadrak, in Criminal Appeal No. 31 of 1994 confirming the order of conviction recorded by the learned J.M.F.C, Bhadrak in 2 (C) C.C.No. 60/92 sentencing the petitioner to pay a fine of Rs. 5,000/- but modifying the default sentence to S.I. for six months instead of S.I. for one year.2. The prosecution case is that on 1.2.1992 the Inspector of Factories and Boilers, Balasore, on inspection of Krushi Rasayan Factory situated at Ranital in the district of Balasore manufacturing agricultural pesticides, detected certain violations such as presence of considerable amount of dust, poor ventilation of the work room, non-guarding of crusher of V. Belt, poor house keeping, non-supply of protective garments to the workers, non-availability of washing and bathing facilities, absence of periodical check up of workers an...
Smt. Satyabhama Mohapatra Vs. Chairman-cum-managing Director, Grid Cor ...
Court: Orissa
Decided on: Feb-13-2001
Reported in: AIR2001Ori134
ORDERP.K. Misra, J.1. The petitioner in this writ application has prayed for issuance of a direction to opposite parties 1 to 4 to supply electric connection to the residential house of the petitioner. It is also prayed that opposite parties 5 and 6 may be directed to afford necessary police help for the pur-pose of facilitating the work of opposite parties 1 to 4 at the spot.2. The petitioner wants to take electric supply connection to her house for which application has been made. It appears that even though opposite parties 1 to 4 were inclined to provide electric connection, due to the resistance by opposite party No. 7, no such connection could be given. The petitioner has filed annexure-4, the Sketchmap, showing the location of the house and the pole from which the connection is to be obtained. The petitioner has also relied upon the order dated 22.2.1993 under Section 147, Code of Criminal Procedure, in criminal Misc case No. 541/91, wherein the Executive Magistrate has declared...
Kutumina Construction Pvt. Ltd. Vs. Collector and ors.
Court: Orissa
Decided on: Feb-12-2001
Reported in: AIR2001Ori122
ORDERL. Mohapatra, J. 1. The petitioner in this writ application has prayed for a direction to provide necessary protection to the men and machineries operating in the sand quarry of Kuakhai River leased out in his favour and also for further direction to take action on the basis of the F.I.R. lodged on behalf of the petitioner-company.2. Case of the petitioner is that in the year 1995 it had applied to the Tahsildar for grant of lease in respect of sand quarry for a term of five years in mouza Mancheswar pertaining to Khata No. 555. Plot No. 1297 extending to an area of Ac. 27.17 decimals; and plot No. 725 extending to an area of Ac.121.35 decimals. The sand quarry was settled in favour of the petitioner for a period ofthree years on payment of annual royalty ofRs. 2,50,000/- along with ground rent of Rs.400/- and deed rent of Rs. 800/-. Afterdepositing the said amount provisional workorder was issued in favour of the petitioner.There were some difficulties with regard toexecution of ...
M. Jagadiswar Rao and Others Vs. Pratibasini Mohanty and Others
Court: Orissa
Decided on: Feb-08-2001
Reported in: 91(2001)CLT710; 2001(I)OLR382
Pradipta Ray, J.1. The present appeal has been filed against judgment and order dated February 27, 1999 passed by the Civil Judge, Senior Division, Berhampur dismissing the present appellants' application under section 276 of the Indian Succession Act for grant of probate of a will executed by one Manmohini Mohanty.2. Present appeal has been presented as a Miscellaneous Appeal. The Stamp Reporter in his report has raised a doubt whether the present appeal can be registered as a Miscellaneous Appeal.3. It appears to be settled that an order passed in a proceeding for grant of probate is not a decree within the meaning of section 2(2) of the Civil Procedure Code and as such the appeal under section 299 of the Indian Succession Act against-such order is not an appeal against a decree. A Full Bench of Allahabad High Court in Mrs. Panzy Fernandas v. Mrs. M.F. Queroros and others (AIR. 1963 Allahabad 153) held that the decision of a Court in proceedings for letters of administration cannot b...
Pravash Kumar Sahoo Vs. S.M. Pattnaik and Others
Court: Orissa
Decided on: Feb-07-2001
Reported in: 2001(I)OLR373
R.K. Patra, J.1. Both the aforesaid miscellaneous applications spring from the main contempt application (Original Criminal Misc. Case No. 578 of 2000).2. Three writ petitions bearing O. J. C. Nos. 8712 of 1994, 10774 of 1997 and 3577 of 1999 were filed in this Court by way of public interest litigation making identical allegations with a prayer for directing investigation by the C. B. I. into the allegations of corruption and malpractices etc. against opposite party No. 5, an officer belonging to the I.A.S. in the Orissa cadre. They were heard together and disposed of by a common judgment dated 9-5-2000 with direction to the State Government, inter alia, to conduct a special audit by an audit team constituted by the Accountant General, Orissa, into different allegations of unauthorised diversion of funds, improper expenditure thereof and to fix responsibility if irregularity, illegality or misuse of fund is found and to take appropriate action. The Chief Secretary of the Government wa...
Registrar, Co-operative Societies, Orissa, Bhubaneswar Vs. Bhuban Beha ...
Court: Orissa
Decided on: Feb-06-2001
Reported in: 91(2001)CLT319; 2001(I)OLR365
Pradipta Ray, J.1. This appeal under the Letters Patent is against an order dated January 22, 2001 passed by the Hon'ble Single Judge refusing to vacate or modify the inter in order dated December 20, 2000 passed by him in O.J.C. No. 13334/2000.2. The relevant facts briefly stated are as follows: By order dated December 13, 2000 the Registrar of Cooperative Societies, Orissa (hereinafter referred to as the 'Registrar') suspended the Committee of Management of Mayurbhanj Central Cooperative Bank. Baripada under the Presidentship of Sri Bhuban Behari Sahu in exercise of power under section 32(7) of the Orissa Cooperative Societies Act (hereinafter redarged to as the 'Act'). Shri Bhuban Behari Sahu, the President of the Committee was already under suspension by an order passed by the Auditor General in exercise of his powers under section 62(6) of the Act. On December 14, 2000 the ordor of suspension was served on some of the members of the suspended Committee of Management and the Collec...
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