Orissa Court April 2001 Judgments
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Orissa State Civil Supplies Corporation Ltd., Through Its District Man ...
Court: Orissa
Decided on: Apr-30-2001
Reported in: 92(2001)CLT554
ORDER1. This Letter Patent Appeal has been filed against the order dated 25-2-2000 passed by the learned Single Judge in Misc. Appeal No. 67 of 1994 confirming the order dated 3-11-1993 passed by the learned Subordinate Judge, Sundargarh in Misc. Case No. 45 of 1991.2. Heard the learned counsel for the parties.3. The duty of the court is to see that the claim of a party is not thrown out on the ground of technicality but substantial justice is done to him. In the case in hand, learned counsel for the plaintiff-appellant was not present on 20-9-1991 on which date the suit was posted for hearing it is further submitted that although learned counsel for the plaintiff-appellant filed a petition for adjournment on 19-9-1991 i.e. one day ahead of the date fixed, the trial court rejected the petition for adjournment of thecase, which resulted in dismissal of the suit. The appellant filed Misc. Appeal No. 67 of 1994 before this Court. Learned Single Judge after taking into consideration the pr...
Naba Kishore Laha and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-30-2001
Reported in: 2001(I)OLR637
R.K. Patra, J.1. In these four writ petition, the decision of the State Government in the Law Department contained in letters No. 11410 dated 13.9.2000. No. 13625 dated 6.11.2000 (Annexures-8 and 8A in O.J.C. No. 135 of 200.1) requesting the District Magistrates of 30 districts of the State to recommend names of panel of five advocates against each posts of Public Prosecutor, Additional Public Prosecutor, Assistant Public Prosecutor, Government Pleader, Additional Government Pleader and Associate Lawyer under Rule 5 of the Orissa Law Officers Rules, 1971 read with Section 24, Cr.P.C. is the subject matter of challenge. The Law Department's letter No. 15674 dated 30.11.2000 (Annexure-9 in O.J.C. No. 135 of 2000) appointing 16 advocates as Assistant Public Prosecutors under Rule 5 of the Orissa Law Officers Rules, 1971 in the Courts of Magistrates (both judiciary and executive) at Jaipur and Jajpui Road has been assailed. The petitioners have prayed that the opposite parties should be di...
Jagannath Minichem Private Ltd. Vs. Orissa State Financial Corporation ...
Court: Orissa
Decided on: Apr-26-2001
Reported in: 2001(II)OLR67
P.K. Misra, J.1. Prayer in this writ application is for a direction to the opposite parties to refund the excess amount of Rs. 2,50,000/- along with interest.2. It is not disputed that the present petitioner had obtained loan from the Orissa State Financial Corporation and established an industry. The industrial concern was seized Under Section 29 of the State Financial Corporation Act and subsequently it has been sold to a third party. The petitioner has stated that the amount due from the petitioner was Rs. 9,65,00/- and as such the Corporation should pay the balance amount to the petitioner in accordance with Section 29(4) of the State Financial Corporation Act. The learned counsel appearing for the Corporation has submitted that though the unit in question has been sold, the purchaser has not yet paid the entire amount and as soon as the entire amount is recovered from the purchaser and adjustments are made in accordance with Section 29(4), the balance amount shall be refunded to t...
Shri Abhimanyu Mohanty Vs. the Rourkela Steel Plant and ors.
Court: Orissa
Decided on: Apr-26-2001
Reported in: 2001(II)OLR417
ORDERA.S. Naidu, J.1. The petitioner, an Ex-employee of Rourkela Steel Plant has approached the portals of this Court challenging the order dated 28.12.99 issued by the Steel Authority turning down the request for retaining the quarters under the Voluntary Retirement Scheme as well as initiation of the proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.Admittedly, the petitioner was working as a Senior Stores Keeper in the Fertilizer Plant of Rourkela Steel Plant. He availed the Scheme introduced by the opp. parties for voluntary retirement and applied for the same. His request found assent of the opp. parties and he was permitted to retire voluntarily from service under the Voluntary Retirement Scheme, 1999 (in short VR Scheme, 1999).Though there are several allegations and counter allegations, the present dispute is confined only to the question of occupation of the quarters which was allotted to the petitioner. According to the petitioner, he is enti...
Shibanarayan Singh Deo Vs. Barpali Notified Area Council and anr.
Court: Orissa
Decided on: Apr-25-2001
Reported in: 2001(II)OLR164
P.K. Misra, J.1. In this writ application the petitioner has prayed for quashing the impugned order under Annexure- 4, whereunder the opposite party No. 2 has cancelled the permission No. 66, dated 20.1.1998.2. It is not disputed that on the application of the petitioner, permission was granted for construction of a market complex. Subsequently, the said permission has been cancelled by the Council in the meeting dated 30.7.1998, as intimated to the petitioner under Annexure-4.3. The learned counsel appearing for the Notified Area Council has submitted that since the land in question is being utilised as a playground, the permission was cancelled. When pressed upon to point out the source of authority of the Notified Area Council to pass such an order, the learned counsel has invited my attention to the provision contained in Section 269(6) of the Orissa Municipal Act, which is extracted hereunder :'269. Grounds on which approval of site for or licence to construct or reconstruct build...
Suman Naik and Satyananda Das Vs. Union of India
Court: Orissa
Decided on: Apr-24-2001
Reported in: 92(2001)CLT274; 2001CriLJ3091
P.K. Patra, J.1. These three cases arise out of the same case, i.e. T. R. No. 88/20 of 1999/96, pending before the Special Judge (C.B.I.), Bhubaneswar and were heard together and this judgment disposes of all the three cases.2. In Criminal Revision No. 355 of 2000, petitioner Suman Naik has prayed for quashing the order dated 2-6-2000passed by the learned Special Judge (C.B.I.), Bhubaneswar rejecting his prayer under section 239 of the Code of Criminal Procedure for discharging him of the accusation.In Criminal Misc. Case No. 5923 of 2000, the same petitioner Suman Naik has prayed for quashing the order dated 29-3-1996 passed by the learned Special Judge (C.B.I.) taking cognizance against him under sections 120B/420 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P. C. Act') as also the entire criminal proceeding against him.In Criminal Misc. Case...
Pabitra Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-24-2001
Reported in: 2001CriLJ3798; 2001(II)OLR151
P.K. Patra, J.1. The appellant has challenged the judgment dated 26.8.1997 passed by Shri S. C. Misra, Sessions Judge, Puri in S.T. No. 401 of 1995 convicting him Under Section 304 Part-I of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for ten years2. Briefly stated, the prosecution case runs as follows : On 25.4.1995 at about 8 p.m. the appellant (hereinafter referred to as 'the accused) due to a sudden quarrel assaulted deceased Babula Das alias Bhoi in front of the grocery shop belonging to Bhagaban Sahu (P.W.8) at Atharnala, at the outskirt of Puri Town by means of a bamboo stick on his head, as a result of which the deceased fell down sustaining profuse bleeding injuries on his head and also on his back and left leg. He was immediately removed to hospital for treatment . P.W.5, father- in-law of the deceased, getting information about the occurrencerushed to the hospital and at about 12 mid-night he lodged written report (Ext. 3) befo...
Tarini Tarpuline Productions Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Apr-20-2001
Reported in: [2002]254ITR495(Orissa)
R.K. Patra, J. 1. On being moved under Section 256(1) of the Income-tax Act, 1961, by the assessee, the Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated July 26, 1993, in I. T. A. No. 404/CTK of 1989 for our opinion :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the secret commission paid by the assessee amounting to Rs. 1,14,450 was not an allowable deduction under Section 37(1) of the Income-tax Act ? (2) Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that the secret commission paid by the assessee in order to procure business was based on relevant evidence, or has been arrived at by ignoring or misreading relevant evidence or based on partly relevant and partly irrelevant evidence or otherwise perverse, illogical and unreasonable ?' 2. As both the questions are interrelated, we have framed the question as follows :'Whet...
Surendra Dash Vs. Laxmidhar Sahoo and anr.
Court: Orissa
Decided on: Apr-20-2001
Reported in: 92(2001)CLT114
B.P. Das, J. 1. This Letters Patent Appeal is directed against the decision of a learned Single Judge of this Court rendered on an application under Articles 226 and 227 of the Constitution of India, being O. J. C. No. 11450 of 2000, confirming the judgment dated 31-10-2000 passed by the learned District Judge, Puri, acting as the Tribunal under the provisions of the Orissa Municipal Act, 1950 (in short 'the Act'),' passed in an election petition being Election Misc. Case No. 318 of 1997, holding the election of the appellant as the Councillor of Ward No. 28 to the Puri Municipal Council as invalid on the ground of violation of the provisions of section 16(1)(xvii) of the Act. 2. Respondent No. 1 filed an election petition under section 18 of the Act before the learned District Judge, Puri, alleging therein that although the appellant was declared elected as the Councillor of Ward No. 28 to the Puri Municipal Council in the election held on 11-7-1997 having secured the highestnumber of...
Kusha Charan Parida and ors. Vs. Collector and ors.
Court: Orissa
Decided on: Apr-20-2001
Reported in: 2001(II)OLR66
ORDERP.K. Misra, J.1. Though the matter was listed for orders, on the contest of learned counsel for parties, the matter is taken up for disposal.2. Heard the counsel for parties. On 27.3.2001 it was directed that the matter shall be listed on 6.4.2001 to enable the learned Addl. Government Advocate to obtain instruction and to file counter in the main writ application. On 6.4.2001, further time was allowed and it was clear that no further time will be allowed. On 13.4.2001, the matter was again adjourned to 20.4.2001. However, counter affidavit has not been filed, but the learned Addl. Government Advocate has submitted that the assertions made in the show-cause reply on behalf of opposite parties in the matter relating to initiation of Contempt proceeding may be considered for the purpose of deciding the writ application.3. The petitioner had prayed for a direction to the opposite parties to undertake the work relating to construction of Brahmanbad Primary School building out of the a...
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