Orissa Court October 2002 Judgments
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ira Das Alias Ida Das Vs. Ramesh Ranjan Mallick
Court: Orissa
Decided on: Oct-31-2002
Reported in: AIR2003Ori62
B. Panigrahi, J. 1. In this appeal, the wife has challenged the legality, validity and propriety of the decree of divorce passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 100 of 1994 filed under Section 13 of the Hindu Marriage Act. 2. The factual matrix leading to filing of this appeal is as follows : 3. The marriage between the appellant and the sole respondent was solemnised on 11-7-1993 according to Hindu rites and customs. After marriage both the parties lived as husband and wife till 26-9-1993. It is alleged by the respondent that on the 4th night of the marriage, he suspected the appellant was pregnant which was subsequently discovered. He was greatly shocked since prior to the marriage, she had illicit relationship with others. The wife appellant has however strongly denied about the said averment and has pleaded that out of their wed-lock a male child was born, of course earlier than the normal period of gestation. 4. Mr. Mohanty, learned counsel appe...
Sarat Kumar Parida Vs. State Transport Authority and ors.
Court: Orissa
Decided on: Oct-31-2002
Reported in: 2002(II)OLR665
R.K. Patra, J.1. In all the above noted writ petitions filed under Articles 226 and 227 of the Constitution of India, the grievance of the petitioner is one and the same. Each of them is the owner of goods carriage vehicle and is the holder of permanent goods carriage permit in relation to his vehicle. Therefore, for the sake of convenience, all the above writ petitions were heard together and are disposed of by this common order. For the purpose of disposal, we, therefore, simply refer to the facts in OJC No. 6526 of 2000.2. The petitioner is the owner of goods carriage vehicle bearing registration number OR-05-4127. He is the holder of permanent goods carriage permit bearing No. 641/94-95 which was issued by the State Transport Authority, Orissa (opposite party No. 1) with counter-signature permit granted by the State Transport Authority, Andhra Pradesh (Annexure-1). It was valid up to 24.3.2000. Before expiry of the primary permit, the petitioner applied for its renewal on 8.3.2000....
Pramod Kumar Nanda Alias Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-2002
Reported in: 95(2003)CLT284
P.K. Mohanty, J. 1. This is an application under Section 482, Code of Criminal Procedure for quashing Bhubaneswar Vigilance P.S. Case No. 26/98 initiated against the petitioner under Section 13(2) read with Sections 13(1)(d)/7 of the Prevention of Corruption Act, 1988. 2. The short fact of the prosecution case is that on recommendation of the village committee, for construction of Bhapur-Talasua road under Jawahar Rojgar Yojana Share Scheme, the informant, Manguli Pradhan, a contractor was issued with the work order for construction of the aforesaid road. The informant after receiving the work order stacked the necessary materials like sands and stone etc. at the work site as per the direction of the Junior Engineer of the block. The petitioner, the Block Development Officer (BDO) was approached by the informant to check measure the materials for going ahead with the second phase of the work of spreading over and proceeding with the necessary work. The petitioner, on being approached b...
Dayaram Agarwal Vs. Income-tax Officer and ors.
Court: Orissa
Decided on: Oct-30-2002
Reported in: (2003)180CTR(Ori)67; [2003]261ITR419(Orissa)
P.K. Balasubramanyan, C.J.1. The premises of the assessee, the petitioner herein, were surveyed on February 9, 2000, by the Income-tax Officer under Section 133A of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'). The petitioner thereafter was issued a notice under Section 131 of the Act calling upon the petitioner, the assessee, to appear before the concerned authority along with his books of account. The assessee appeared and sought time to produce the books of account. The proceeding was adjourned to February 14, 2000. On that date, according to the petitioner, he had taken the books of account with him. He also made an application for copies of the statement recorded from the son of the assessee on the date the premises of the assessee were surveyed and also for a copy of the list of inventory taken on that date. They were not furnished to the assessee. According to the Department, they were not furnished to the assessee since the assessee had not made an appropriat...
Raghunath Senapati (Since Dead Substituted by His Widow Ashalata Senap ...
Court: Orissa
Decided on: Oct-30-2002
Reported in: 2003(I)OLR192
R.K. Patra, J.1. This writ petition was filed by Raghunath Senapati, a retired Chief Librarian under the Orissa University of Agriculture and Technology, Bhubaneswar (hereinafter referred to as O.U.A.T.'). During the pendency of the writ petition he died. In his place, his widow has been substituted. For the sake of convenience, the deceased-petitioner will be hereafter referred to as the original writ petitioner.2. This writ petition has been filed praying for a direction to the O.U.A.T. to grant the revised scale of pay of Rs. 1000- 1530/- from 1.1.1974 till 31.12.1980 as admissible to the post of Chief Librarian and the consequent retiral benefits.3. The original writ petitioner joined the Government service as Lower Division Assistant in December, 1946. He became the Senior Clerk on 3.11.1950 in the office of the Provincial Bio- Chemist, Orissa Cuttack. Subsequently, he joined as Senior Clerk in the office of the District Agriculture Officer, Mayurbhanj in November, 1952. In July. ...
Ramesh Ch. Patra Vs. Prabir Kumar Satpathy
Court: Orissa
Decided on: Oct-30-2002
Reported in: 95(2003)CLT362; 2002(II)OLR693
P.K. Mohanty, J. 1. In the present application the petitioner has sought for quashing the order of the learned Subdivisional Judicial Magistrate, Sadar, Berhampur in I.C.C. No. 18 of 1996 taking cognizance of the offences punishable under Sections 420/294/506 I.P.C. and issuing process against him.2. The opp. party-complainant in the Court below filed I.C.C, No. 18 of 1996 against the petitioner alleging therein that the petitioner who is a journalist, working in the Indian Express and the cpmplainant, a practising advocate of Berhampur Bar, were friends since about last twenty years. The accused-petitioner having approached the complainant and induced him to purchase a house site belonging to him at Gajapatinagar, Berhampur, he (complainant) believing him, advanced a sum of Rs. 25,000/- on 9.2.93 in presence of witnesses out of an agreed consideration of Rs. 50,000 - for the said plot of land. Subsequently the complainant arranged the balance amount and approached the accused for exec...
Dr. Jugal Kishore Satapathy Vs. Sri D.P. Bagchi and anr.
Court: Orissa
Decided on: Oct-30-2002
Reported in: 2003(I)OLR245
R.K. Patra, J.1. This application is an offshoot of the judgment dated 26.2.2002 passed by a Bench of this Court in the writ petition filed by the petitioner (vide OJC No. 10471 of 2001).2. The petitioner filed O.A. No. 2082 (C) of 1999 before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack praying for promotional benefits including promotion to O.A.S. Class-I (Senior Bench) with retrospective effect. As the Tribunal rejected the claim, he filed writ petition (OJC No. 10471 of 2001) in this Court. This Court by judgment dated 26.2.2002 allowed the writ petition by observing inter alia as follows :'11. In view of what has been stated above, we have no hesitation to held that the petitioner has been wronged and he merits consideration for promotion to O.A.S. Class-I (S.B.) with effect, from 15.10.1986 as well as the other consequential promotional benefits including Supper-time scale. The Tribunal clearly fell into error in not appreciating the case of the petitioner in its pr...
Balabhadra Sarangi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-2002
Reported in: 2003(I)OLR24
R.K. Patra, J.1. The claim of the petitioner to the benefit of 15 years time bound advancement scale of pay having been not acceded to by the Inspector of Schools, he has filed this writ petition for appropriate direction.2. Case of the petitioner is that he has been working as a Classical Teacher in Garh Bankilo High School, an aided educational institution, in the district of Nayagarh since 1.8.1970 after completing Sahitya Shastri, With effect from 22.9.1979 he was adjusted against the post of Sahityacharya. Government of Orissa in the Finance Department Office memorandum dated 17.5.1986 issued instruction regulating the movement of eligibility categories of employees to the advancement pay scales. It stipulated that the employees who have completed 15 years of service in a particular grade or post shall be eligible for consideration to have the benefit of advancement pay scales. This has been further clarified by the Finance Department Office Memorandum dated 29.12-1987 (Annexure-2...
Dayaram Agarwal Vs. Ito
Court: Orissa
Decided on: Oct-30-2002
Reported in: [2002]125TAXMAN1110(Orissa)
P.K. Balasubramanyan, C.J.The premises of the assessee, the petitioner herein, was surveyed on 9-2-2000 by the Income Tax Officer under section 133(A) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). The petitioner thereafter was issued a notice under section 131 of the Act calling upon the petitioner, the assessee, to appear before the concerned authority along with his books of account. The assessee appeared and sought time to produce the books of account. The proceeding was adjourned to 14-2-2002. On that date, according to the petitioner, he had taken the books of account with him. He also made an application for copies of the statement recorded from the son of the assessee on the date the premises of the assessee was surveyed and also for a copy of the list of inventory taken on that date. They were not furnished to the assessee. According to the department, they were not furnished to the assessee since the assessee had not made an appropriate application for th...
Commissioner of Income-tax Vs. Orissa State Financial Corporation
Court: Orissa
Decided on: Oct-29-2002
Reported in: [2003]262ITR350(Orissa)
R.K. Patra, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961, in which at the instance of the Revenue, the Income-tax Appellate Tribunal, Cuttack Bench, has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, and on a correct reading of Section 34 of the Civil Procedure Code read with Section 31 of the Orissa State Financial Corporations Act, 1951, the Tribunal was legally correct in coming to the conclusion that no interest accrued to the assessee-corporation till the decision of the civil court and that no such interest amount would be chargeable to tax in the hands of the assessee for the assessment year 1983-84 ?'2. The respondent-assessee is the Orissa State Financial Corporation established under Section 3(1) of the State Financial Corporations Act, 1951. The assessment year is 1983-84 for which the previous year ended on March 31, 1983. During the relevant year, the assessee credite...
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