Orissa Court February 2002 Judgments
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Jatindranath Das and ors. Vs. Jayadev Pati and ors.
Court: Orissa
Decided on: Feb-26-2002
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...
Kalia @ Kalakar Naik Vs. State of Orissa
Court: Orissa
Decided on: Feb-25-2002
Reported in: 94(2002)CLT539; 2002CriLJ3233
M. Papanna, J. 1. Judgment of the learned Sessions Judge, Dhenkanal in Crl. Appeal No. 68/96 affirming the order of conviction of the petitioner passed by the learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Angul in S. T. 34-A of 1996 sentencing him to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1000/-under Section 376, IPC and in-default to undergo rigorous imprisonment for six months and also to undergo rigorous imprisonment for one year on each count under Section 342/323, IPC and to run the above sentences concurrently is impugned in this Crl. Revision.2. The accused is put up on trial on the accusation that on 12.10.95 at about 1.00 P.M. he caught hold of the prosecutrix (P.W. 2) in front of her house, dragged her by holding tuft of her hair and confined her in a room of his house where he had committed rape on her against her will. She was subsequently rescued by the police and the witnesses from the house of the accused. On her information Chhend...
Sri Narasingha Jena Vs. State of Orissa
Court: Orissa
Decided on: Feb-21-2002
Reported in: 93(2002)CLT389
L. Mohapatra, J.1. The petitioner in this application under Section 482 Cr.P.C. has challenged the order passed by the learned S.D.J.M. (Sadar), Cuttack in G. R. Case No. 196/90 taking cognizance of offence under Sections 465/467/468/471/477-A/420/109/119/120-B/34 of the Penal Code.2. Case of the prosecution, as far as the present petitioner is concerned, is during his tenure as Land Acquisition Officer, Cuttack he had referred some claims of some fraudulent claimants to the Subordinate Judge; Cuttack, under the provisions of the Land Acquisition Act for adjudication without applying judicial mind and without verifying records. On such allegations after investigation charge-sheet was submitted and in the charge-sheet, so far as the present petitioner is concerned, the following has been stated :'The Revenue Inspectore have very cunningly forged and manipulated the ledgers and expacia register through some few persons to avoid their complicity as it was (earnt confidentially. As such, t...
Commissioner of Income-tax Vs. Sri Abhayananda Rath Family Benefit Tru ...
Court: Orissa
Decided on: Feb-21-2002
Reported in: [2002]255ITR436(Orissa); 2002(I)OLR476
P.C. Naik, J.1. The question of law which, at the instance of the Revenue, has been referred to this court for an answer, is :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that clubbing of income will arise only when the income is earned and the same is utilised or enjoyed and income as is earned in the trust, is not subject to tax in the hands of the settlor?'2. The background facts are that the individual Shri Abhayananda Rath, a Government servant, had taken a loan from the housing building fund of the Government and constructed a house. He had four minor children--three daughters and a son. On a desire that his minor children or his wife should not dispose of the property in question at any time but enjoy the same as beneficiaries, he created a trust in accordance with law. It was incorporated in the trust deed (settled by him) that every minor child after attaining the age of majority would get the benefit of...
Shankar Rice and Oil Mill Vs. State of Orissa
Court: Orissa
Decided on: Feb-21-2002
Reported in: 2002(I)OLR396; [2003]131STC19(Orissa)
P.C. Naik, J.1. On an application of the dealer under Section 24(1) of the Orissa Sales Tax Act, 1947 (in short, 'the Act'), the Orissa Sales Tax Tribunal (in short, 'the Tribunal') has referred to the High Court for its opinion the following question of law :'Whether, on the facts and circumstances of the case, there is no merit disposal of the second appeal as required under Rule 60(2) of the Orissa Sales Tax Rules by the Sales Tax Tribunal ?'2. The facts giving rise to this reference as reflected in the order of reference are :'.,,...... that the dealer-applicant was assessed by the S.T.O., Bolangir-I Circle, Bolangir under Section 12(4) of the Act raising extra tax demand of Rs. 83,023 against applicant mainly on the ground of excess stock of paddy of Q. 285.70 kgs. less stock of rice of Q. 137.50 kgs. non-accountal of 400 to 500 bags of mahua flower found from his godown, non-entry of Q. 50.00 kgs. of paddy purchased in the books of account, non-accountal of sale of husk in regula...
State of Orissa Vs. Bharat Store
Court: Orissa
Decided on: Feb-21-2002
Reported in: [2002]127STC333(Orissa)
P.C. Naik, J.1. This is an application by the Revenue under Section 24(2)(b) of the Orissa Sales Tax Act, 1947, requiring the Tribunal to refer to the High Court for its opinion on the following question of law.'Whether the honourable Sales Tax Tribunal is justified to treat 'denatured spirit' as unspecified item ?'2. The facts in brief are that the petitioner is a dealer of paints, varnish, turpentine oil, denatured spirit and the like products. In response to a notice under Section 12(4) of the Orissa Sales Tax Act, 1947 (in short, 'the Act'), the proprietor had produced purchase accounts for the period 1990-91. Admittedly no sale or stock account was maintained by him and on the basis of purchase account he paid tax by adding 5 per cent margin of profit over the purchase. In the circumstances, best judgment assessment was made by the assessing officer and gross turnover was estimated at Rs. 5,71,225.25 and taxable turnover was determined at Rs. 3,04,414.04. It was found that the dea...
Steel Authority of India Ltd. Vs. Assistant Labour Commissioner (Centr ...
Court: Orissa
Decided on: Feb-21-2002
Reported in: [2002(94)FLR278]; (2002)IILLJ229Ori; 2002(I)OLR336
A.S. Naidu, J. 1. Aggrieved by the Judgment and order of the Hon'ble single Judge in O. J.C. No. 8236 of 1999 the appellant has filed this Letters Patent Appeal.2. The case has a chequered career. Respondents 2 to 166 are the retired employees of the appellant, Steel Authority of India (for short, the 'SAIL'). Though initially, they were holding non-executive posts, by efflux of time, they were promoted to executive posts. They retired, on attaining the age of superannuation, prior to September 24, 1997, when the Payment of Gratuity Act was amended. The SAIL paid one lakh rupees to each of the respondents Nos. 2 to 166 towards their gratuity in consonance with Section 4(3) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'. Being aggrieved by such payment, applications were filed under Rule 10, sub-rule (1) of the Payment of Gratuity Rules before the Assistant Labour Commissioner and Controlling Authority under the Act (Respondent No. 1) inter alia, claiming tha...
State of Orissa, Represented by the Commissioner of Sales Tax Vs. Das ...
Court: Orissa
Decided on: Feb-21-2002
Reported in: 2002(I)OLR522
P.C. Naik, J.1. At the instance of the Revenue, the Orissa Sales Tax Tribunal has referred for the opinion of this Court, the following question of law :'Whether in the facts and circumstances of the case the Hon'ble Sales Tax Tribunal is correct to hold that glass sheets do not fall under the entry 38 or 40 as the case may be of the schedule of goods taxable on the point of sale in view of the ratio of the Orissa High Court judgment rendered in Shantilal Kalidas case (42 STC P-9) ?'2. The dispute relates to the assessment year 1984- 85. Admittedly, the dealer-opp. party carried on business in glass, mirror, straw board etc. at Puri. During the period in question the opp. party, who is a registered dealer had collected tax at 12% on the sale of glass sheets and paid tax at that rate on the turnover of glass sheet. However, in appeal before the Assistant Commissioner of Sales Tax, Puri the dealer contended that it had wrongly collected and paid tax at 12% on the sale of glass sheet whic...
State of Orissa Vs. Shri Bidyadhar Mishra
Court: Orissa
Decided on: Feb-21-2002
Reported in: 2002(I)OLR401
P.C. Naik, J.1. The challenge in this writ petition is to the order dated 25.4.2000 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 234 of 1999 quashing the order dated 9.12.1998 whereby in exercise of powers under Clause (a) of Rule 71 of the Orissa Service Code, the opposite party No. 1, a Class-II Police Officer, was pre-maturely retired.2. Admittedly, the date of birth of the opp. party No. 1 is 2.5.1946 and on the date on which, the order of pre- mature retirement was issued, i.e. 9.12.1998, he was more than 50 years of age. It is not disputed that action of premature retirement was taken on the recommendation of the Premature Retirement Committee which reviewed the cases of Class-II Police Officers who had completed the age of 50 and 55 years as on 3.6.1998. It is also not disputed that the case of the opp. party No. 1 was reviewed on evaluation of his performance on the basis of his C.C.Rs. for the previous five years, i.e., 1992-93 to 1996-97.3. The challe...
Rajendra and Brothers, a Proprietorship Concern of Mr. Rajendra Prasad ...
Court: Orissa
Decided on: Feb-20-2002
Reported in: 93(2002)CLT381; 2002(I)OLR446
P. K. Tripathy, J. 1. Heard argument analogously and both the civil revisions are disposed of by this common order.2. The revision-petitioner is the decree-holder in Execution Case No. 103 of 1983 of the Court of Sub-ordinate Judge (presently designated as Civil Judge, Senior Division), Bhubaneswar. The judgment and decree passed by the learned Subordinate Judge, Bhubaneswar is O.S. No. 289 of 1980-1 is under execution. To resolve the dispute between the parties and in terms of the agreement, the dispute was referred to the Arbitrator, who passed a speaking award. After hearing both the parties, the trial Court made the award of the Arbitrator rule of the Court and accordingly passed the decree. The operating part of the award and the decree read as hereunder:AWARD 'The respondents do deliver the claimant an amount of Q.1301.4 Kg. of bran and Q.1616.74 of rice germ within a month on taking the price adjusting claims allowed under items 1 and 2 and pay him further a sum of Rs. 10,000/-...
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