Orissa Court February 2002 Judgments
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Pramatha Kumar Mishra Vs. Board of Secondary Education and anr.
Court: Orissa
Decided on: Feb-12-2002
Reported in: 2002(I)OLR361
Pradipta Ray, J.1. Petitioner, Pramatha Kumar Mishra, appeared at the Annual High School Certificate Examination, 2001 (in short 'H.S.C. Examination'), as a regular student of Gadi Brahma Bidyapitha, Kaduapara in the district of Jagatsinghpur. He was allotted Roll No. 27 RAO 32. The petitioner appeared at the said Examination from Nuagaonhat High School Centre. The result of the Annual H.S.C. Examination, 2001 was published on May 28, 2001. The petitioner was shown to have been booked for adopting malpractice in the examination. The petitioner immediately approached the Headmaster of Nuagaonhat High School, who was the Centre Superintendent. The petitioner has stated that he was not given any show cause notice or opportunity of hearing before awarding punishment for alleged malpractice. The said Headmaster wrote to the Board of Secondary Education on June 2, 2001 that the petitioner was never booked for any malpractice from the said Centre. The petitioner's guardian-mother sent a repre...
Urban Co-operative Bank, Represented Through Its Chief Executive-in-ch ...
Court: Orissa
Decided on: Feb-11-2002
Reported in: 2002(I)OLR486
P.K. Balasubramanyan, C.J.1. The Administrator appointed for the Urban Co-operative Bank Limited, a society managed under the Orissa Co-operative Societies Act, has filed this appeal challenging the decision of the learned Single Judge holding that the Administrator appointed under the scheme of the Orissa Co-operative Societies Act has no right to admit new members. The learned Judge in support of his conclusion relied on a decision of the Supreme Court in Jt. Registrar of Co-operative Societies, Kerala v. T. A. Kuttappan : AIR 2000 SC 2378. We may incidentally notice that this position was also covered by an earlier decision of this Court in Rahas Bihari Das and ors v. State of Orissa and ors. : AIR 1995 Orissa 23. The learned Single Judge has held that the Administrator not having the power to admit new members could not admit such members and disburse loans to them2. The argument on behalf of the Administrator is that surplus funds available remained idle, if they are allowed to re...
Dara Singh Alias Rabindra Kumar Pal and ors. Vs. Republic of India Rep ...
Court: Orissa
Decided on: Feb-08-2002
Reported in: 2002CriLJ1754; 2002(I)OLR367
M. Papanna, J.1. Challenging the impugned order dated 5.9.2001 passed by the learned Sessions Judge, Khurda (Bhubaneswar) in S.T. No. 161 of 1999 rejecting the petition dated 3.9.2001 seeking further investigation for preparing a plan of the scene of occurrence Crl. Misc. Case No. 9676 of 2001 under Section 482, Cr. P.C. and Criminal Revision No. 766 of 2001 under Sections 397 and 401. Cr.P.C. have been filed by petitioners 1 to 14 and the same were heard analogously and are being disposed of by this common order.2. The petitioners, who are facing trial before the learned Sessions Judge, Khurda (Bhubaneswar) in the aforesaid S.T. Case moved a petition under Section 173(8), Cr.P.C. for a direction to the C.B.I. for further investigation for preparing a plan of the scene of occurrence and to stay further proceeding of the case. The learned trial Judge having heard the learned counsel appearing for the accused persons and the learned Senior Public Prosecutor for C.B.I. and after observing...
Kunduru Dharua Vs. State
Court: Orissa
Decided on: Feb-08-2002
Reported in: 2002CriLJ1757
C.R. Pal, J.1. This Jail Criminal Appeal is directed against the judgment dated 3-4-1993 passed by the learned Addl. Sessions Judge, Bargarh in Sessions Trial Case No. 4/93 (No. 122 of 1992 of the Court of Sessions Judge, Sambalpur) convicting the appellant under Section 304, Part I, IPC and sentencing him thereunder to undergo R.I. for ten years and to pay a fine of Rs. 5,000/- and in default to undergo R.I. for a further period of one year.2. The facts of the case, in brief, are as follows :-In the morning of 30-3-1992 Rajendra Dharua, the deceased along with co-labourer Kanduru Dharua, the appellant, Shyamsundar Dharua, the PW 4 and Khyamanidhi Sahu, the PW 5 being equipped with spades and baskets went to work as labourers in connection with the connection of a culvert. While returning from the work site to their village Saipali at about noon they took alcoholic drinks and went to the village tank at Saipali for taking bath Near the tank altercation ensued between the appellant and ...
Modern Water Products a Registered S.S.i. Unit Vs. State of Orissa, Re ...
Court: Orissa
Decided on: Feb-07-2002
Reported in: 93(2002)CLT492; [2002]127STC70(Orissa)
P.K. Balasubramanyan, C.J. 1. The prayer made in this writ petition is for striking down the decision of the Joint Director of Industries (S.S.) - Opposite party No. 2 declaring that mineral water will come within the category of soft drink. The said decision of opposite party No. 2 is filed as Annexure - 3, which is a communication to opposite party No. 4. Pursuant to the said correspondence, opposite party No. 4 informed the writ petitioner that in view of the clarification issued by the Joint Director of Industries (S.S.), Cuttack, the Unit of the petitioner was not eligible to Sales Tax exemption with effect from 1.8.1999. Therefore, the eligibility for sales tax exemption issued by that office by letter dated 31.1.2000 was withdrawn with effect from 1.8.1999. 2. According to the writ petitioner, opposite party No. 2 was not justified in issuing Annexure - 3 intimating opposite party No. 4 that mineral water came under the category of soft drink, and that the writ petitioner was no...
National thermal Power Corporation Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-07-2002
Reported in: 2002(I)OLR410; [2002]128STC321(Orissa)
A.S. Naidu, J. 1. What is assailed in this writ petition, filed under Articles 226 and 227 of the Constitution is the order dated May 16, 1998 (annexure 10) passed by the Commissioner of Commercial Taxes, Orissa, Cuttack, in a proceeding initiated under Section 10-A read with Section 10(b) and Section 10(d) of the Central Sales Tax Act, 1956.2. The petitioner is a Government of India enterprise engaged in construction of a power plant for the purpose of generation and distribution of electricity at Kania in the district of Angul. It is registered as a dealer under the Orissa Sales Tax Act, 1947 and the Central Sales Tax Act, 1956. In the year 1988, opposite party No. 3, the Sales Tax Officer, had issued declaration forms, commonly known as 'C' forms, in favour of the petitioner for facilitating purchase of goods at a concessional rate for the purpose of utilisation for generation and distribution of electricity in respect of a list attached to the said order vide annexure-1. Admittedly...
Orissa State Financial Corporation Represented Through Branch Manager, ...
Court: Orissa
Decided on: Feb-06-2002
Reported in: AIR2002Ori130; 93(2002)CLT498; 2002(I)OLR331
B. Panigrahi, J. 1. This writ petition assails the order of confiscation passed by the Authorised Officer, Keonjhar in a proceeding under Section 56(2-a) of the Orissa Forest Act, 1972 in O. R. Case No. 5 SK/90-91 which has been confirmed in appeal by the learned District Judge, Cuttack in Misc. Appeal No. 77 of 1999 dated 10th August, 2001. 2. The case narrated in the writ petition has suffered a chequered history. One Ranjan Kumar Jena had availed a loan for purchase of a truck bearing No. OSU 4661 sometime in the year 1987. The loanee Ranjan Kumar Jena had, however, paid some instalments, but committed defaults thereafter. The truck was allegedly employed for the purpose of transporting illegal forest produce as a reason where of it was seized under Section 56 of the Orissa Forest Act (hereinafter referred to as the 'Act'). The original loanee filed an application before the Authorised Officer-cum-A.C.F, Keonjhar for release of the truck, but the Authorised Officer did not direct re...
United Commercial Bank, Bhadrak Vs. National Trading Corporation and a ...
Court: Orissa
Decided on: Feb-06-2002
Reported in: 93(2002)CLT711
M. Papanna, J. 1. Seeking transfer of Title Suit No. 173 of 1996 from the Court of the learned Civil Judge (Senior Division), Bhadrak to the Debt Recovery Tribunal, Orissa, Cuttack, motion has been made invoking Section 24 of the Code of Civil Procedure.2. The National Trading Corporation (for short 'the firm') is the Plaintiff, the United Commercial Bank (for short 'The Bank') is defendant No. 1 and the New India Assurance Company Ltd. (for short 'the Company') is defendant No. 2 in the suit, Defendant No. 1 in the suit is the petitioner, Plaintiff is opposite party No. 1 and defendant No. 2 is opposite party No. 2 in the present M.J.C.3. Title suit No. 16 of 1993 brought by the Bank (present petitioner) before the learned Civil Judge (Senior Division), Bhadrak for a decree of Rs. 26.28 lakhs against opposite party No. 1 - firm and his partners is now subjudice in the Debt Recovery Tribunal, Orissa, Cuttack, vide C. T. No. 193 of 2001 after transfer. The petitioner has pleaded further...
Dhobulu Santa and Basu Santa Vs. State of Orissa
Court: Orissa
Decided on: Feb-06-2002
Reported in: 2002(I)OLR322
P. Panigrahi, J.1. These to appeals are directed against the judgment/order of conviction under Sections 302/34, I.P.C. passed by the learned Additional Sessions Judge, Jeypore, in S.C. No. 31 of 1993 (S.C. No. 12/92) sentencing the appellants to undergo imprisonment for life.2. The skeletal picture of the prosecution story as revealed during the trial is as follows :That on 23.9.1992, Wednesday, at about 8 a.m. deceased Sashi Bhusan Mandal came from his village with a cash of Rs. 2900/-, two gunny bags, one chadar, one lungi, one cloth bag and also one wrist watch of HMT make to purchase dry fish from Jeypore market. While going to Jeypore market, the deceased had to cross Chhatiguda through the plantation field of O.F.D.C. Ltd. near Bualibeda. It has been averred that he was moving by his Bicycle to catch bus for Jeypore from village Chhatiguda. He was supposed to return on the following Thursday. Since he did not return home his family members were in frantic search of him. On the f...
State of Orissa Vs. Md. Abdul Sattar
Court: Orissa
Decided on: Feb-06-2002
Reported in: 2002(I)OLR342
L. Mohapatra, J.1. This appeal has been filed challenging the judgment and order passed by the C.J.M., Bhawanipatna acquitting the respondent from charge under Section 468 of the Penal Code.2. Case of the prosecution is that during the period from 3.1.1982 to 26.9.1982 the respondent was working as Head Moharir in the District Police Office, Kalahandi, Bhawanipatna. During his tenure as Head Moharir he forged four Bus warrants in favour of S.I. M. Khan and A.S.I. A. Rahman. On verification, it was found that those two police officers were never posted in the district of Kalahandi. The Bus warrants were suspected to have been forged by the respondent for the purpose of cheating the Government with dishonest intention. Accordingly, an F.I.R. (Ext. 13) was lodged by the Accountant of the district Police Office, Kalahandi and upon investigation charge-sheet was submitted for the offence 'alleged to have committed under Section 468, I.P.C.3. Twelve witnesses were examined on behalf of the p...
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