Court : Orissa
Reported in : 93(2002)CLT460; 2002(83)ECC378; 2002(144)ELT257(Ori); 2002(I)OLR558
Balasubramanyan, C.J.1. By order dated 9.9.1999, the Assistant Commissioner, Central Excise and Customs, Bhubaneswar Division attached an amount of Rs. 2,45,635/- under Section 11 of the Central Excise Act read with Rule 230(2) of the Central Excise Rules on the basis that the said amount was due towards duty from M/s Orissa Ply and Panels Ltd. In terms of the order of adjudication dated 22.11.1997. The Orissa Ply and Panels Ltd, had mortgaged the Undertaking to the Orissa State Financial Corporation (hereinafter referred to as 'Financial Corporation'). The Financial Corporation in exercise of its power under Section 29 of the State Financial Corporation Act, 1951, took over the Industrial Unit with all its assets in terms of Section 29(1) of that Act and subsequently sold the Undertaking as envisaged by that Section. The writ petitioner, a Private Limited Company purchased the fixed assets of the defaulting Company, in the sale by the Financial Corporation. On the attachment being eff...
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT472
P.K. Balasubramanyan, C.J. 1. The prayers in this original petition filed under Articles 226 and 227 of the Constitution of India are : '(a) issue a writ in the nature of certiorari or any other appropriate order and/or direction directing the opposite party Nos. 1 and 2 to give effect the promise held out in IPR-92. (b) and calling upon the opposite party No. 1 to certify and send upto this Hon'ble Court the documents and files showing the object and purpose of granting benefits inter alia for Sales Tax exemption for establishing a modern Dal Mill. (c) issue such other order and/or orders as this Hon'ble Court may deem fit and proper.' The petitioner set up an industry for processing of pulses (mug dal) as seen from the permanent registration certificate issued to the petitioner. The certificate was amended under an expansion programme with effect from 1.12.1998 by which Mug dal, Biri dal, Masura dal, Buta dal and Harad dal were added. The certificate of eligibility for sales tax co...
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT385; [2002]128STC512(Orissa)
P.K. Balasubramanyan, C.J. 1. Since a common question arises for decision in these cases, they were heard together and they are being disposed of by this common judgment. OJC No. 5790 of 1995 was treated as the leading case on consent of counsel,2. The petitioners have established a Roller Flour Mill in the State of Orissa. According to the petitioners, they are eligible for the benefits conferred under the Industrial Policy Resolution, 1989 and the Industrial Policy Resolution, 1996. The Petitioner in OJC No. 5790 of 1995 applied to the District Industries Centre, Bhubaneswar seeking issuance of a certificate of eligibility for the benefits conferred by the Industrial Policy Resolution, 1989. By Annexure-4 communication dated 6.4.1995, the Project Manager of the District Industries Centre, Bhubaneswar informed the petitioner that as per the clarification received, Roller Flour Mills, even if set up under Medium Scale Sector, are not eligible to avail the incentives as per Industrial P...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR392
L. Mohapatra, J.1. This application under Section 439. Cr. P.C. has been filed for grant of bail to the petitioner who has been taken into custody for allegedly committing an offence under Section 20(a) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as 'the Act'). Prayer of the petitioner having been rejected by the learned Addl. Sessions Judge, Jharsuguda, he has approached this Court for bail.2. Sri Dhal, learned counsel appearing for the petitioner submitted that Section 37 of the Act as amended does not stand as a bar for considering the application of the petitioner for bail. In support of such contention, Sri Dhal referring to Section 20(a) of the Act submitted that punishment prescribe for the offence is for a maximum period of ten years with fine which may extend to one lakh rupees. Referring to Section 37(b) of the Act, he submitted that the provision prescribed bar in respect of certain offences and those are offences under Section 19 or ...
Tag this Judgment!Court : Orissa
Reported in : II(2002)DMC20
ORDERP.K. Tripathy, J.1. Heard.2. This Civil Revision is directed against order passed by learned Civil Judge (Sr. Division), Udala on 29.8.2001 in Misc. Case No. 24 of 1998, arising out of Original Suit No. 39 of 1997. That application was filed by the present petitioner praying for interim maintenance and litigation expenditure under Section 2 of the Hindu Marriage Act, 1955 (in short, the 'Act'), inasmuch as in Original Suit No. 39 of 1997 the prayer is for a decree of divorce. The petitioner appears as the defendant in that Original Suit.3. It is not at controversy that both the spouses are serving as teachers and having monthly salary. In view of that and keeping in view the statutory provision in Section 24 of the Act, learned Civil Judge (Sr. Division) has declined to grant any order for interim maintenance. So far as the prayer of the petitioner for litigation expenditure is concerned, learned Civil Judge (Senior Division) directed the plaintiff/opposite party to pay a sum of R...
Tag this Judgment!Court : Orissa
Reported in : 2002CriLJ3433; 2002(I)OLR457
M. Papanna, J.1. Criminal Misc. Cases Nos. 6133/2001, 6134/2001 and 7016/2001 initiated on the applications under Section 438, Cr.P.C. put in by petitioners, namely, Kaminikanta Patnaik, Smt. Suprita Patnaik, Pramod Kumar Sahoo, Pradipta Kumar Nayak, Dinabandhu Pani and Satyabrata Das, respectively, seeking pre-arrest bail in connection with Sahidnagar P.S. Case No. 243/2001 corresponding to G. R. Case No. 2343/2001 under Sections 465, 468,477-A, 420 and 420-B/34, I.P.C. 'now subjudice before the learned S.D.J.M., Bhubaneswar are being disposed of by this common order though heard separately.2. At Bhubaneswar there is a private Engineering College by name Orissa Engineering College where petitioner Kaminikanta Patnaik happens to be its President and Director of Admissions whereas petitioners Smt. Suprita Patnaik, Pradipta Kumar Nayak, Dinabandhu Pani and Satyabrata Das happen to be the Addl. Administrative Officer, Legal Assistant, Accountant, Senior Assistant and admission-in-charge, ...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR669
ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the learned Judicial Magistrate of First Class. Khallikote, in G.R. Case No. 341 of 1998 taking cognizance against the petitioners.2. Bereft of unnecessary details, the facts leading to the present application are that basing on an F.I.R. lodged on 28.11.1998 at Rambha Police Station, a case under Sections 323/379/437/34, I.P.C. was registered against the accused persons including the present petitioners being Ramba P.S. Case No. 145/98 and the same was subsequently registered as G.R. Case No. 341/98 on the file of the learned J.M.F.C., Khallikote. After the investigation was completed, final form was submitted in terms of Section 173, Cr. P.C. for the offences under Sections 143/323/325/427/149, I.P.C. Thereafter the learned Magistrate took cognizance of the aforesaid offences by order dated 6.3.1999.On...
Tag this Judgment!Court : Orissa
Reported in : 2002CriLJ3453; 2002(I)OLR408
L. Mohapatra, J.1. This application under Section 482 of the Criminal Procedure Code has been filed challenging the order dated 12.2.1997 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 860/96 taking cognizance of offence alleged to have committed under Sections 304-I/307/304-A of the Penal Code and issuing N.B.W. against the petitioners and opp. party No. 3.2. Opposite party No. 2 is the complainant who in her complaint alleged that her son Rakesh Kumar Mishra was a student of Class-VI in Demonstration Multipurpose School, Bhubaneswar where the petitioners were working as Headmaster and Assistant Teachers respectively. On 27.9.1996 at about 3 p.m. during the school hour it was reported that deceased Rakesh Kumar Mishra sustained severe head injury while getting down the stairs with his class mates. The child was shifted to the school dispensary at about 3.30 p.m. where the opposite party No. 3 who was working as Pharmacist without diagnosing the injury administered some oint...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR394
L. Mohapatra, J.1. In this application under Section 482, Cr.P.C. the order dated 13.1.95 passed by the learned C.J.M., Bhubaneswar in Vigilance G.R. Case No. 4 of 1992 has been challenged.2. It appears from the said order that after Final Form was submitted the learned Magistrate took cognizance for the offences alleged to have committed under Sections 468/471/477-A/420 and 409 of the Penal Code. From the facts of the case, it appears that the petitioner while working in Pratapur Primary Health Centre from 1.7.85 to 25.10.90 had misappropriated huge amount showing false sterilisation operation during the financial year 1990-91. Upon enquiry it was found that during the said financial year 602 family planning operations had been undertaken by the petitioner and total amount of Rs. 1,08,338/- had been spent towards wages, special diet, motivation charges and fees of the operating surgeons. Out of 602 cases during enquiry four cases were picked up for examination and in all the four case...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR449
B. Panigrahi, J.1. This revisional application filed by the defendant is directed against an order passed by the learned Civil Judge, Senior Division. Bhubaneswar in Title Suit No. 793 of 1999 dated 8.5.2001 dismissing the petitioner's prayer to take up first the preliminary issue of maintainability of the suit.2. The factual matrix leading to this revisional application is as follows :The plaintiff-opp. party No. 1 filed Title Suit No. 793 of 1999 in the Court of CivilJudge, Senior Division, Bhubaneswar with a prayer for a declaration that the order of the Government of Orissa regarding the approval of defendants Nos. 4 to 14 as the teaching and non-teaching staff of Santilata Mahavidyalaya in the district of Balasore is illegal, invalid and not binding on him. The plaintiff, inter alia, claimed to have been appointed as a Lecturer in Education in Santilata Mahavidyalaya ever since 1st December, 1981 vide Governing Body Resolution dated 25.11.1981. In course of his employment he was a...
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