Orissa Court March 2002 Judgments
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Managing Director, Tata Finance Limited and anr. Vs. Sanjay Agency, Re ...
Court: Orissa
Decided on: Mar-14-2002
Reported in: 93(2002)CLT715; 2002CriLJ4260
P. K. Tripathy, J.1. This application under Section 482, Cr.P.C. has been filed by accused Nos. 2 and in 4 I.C.C. No. 214 of 1996 of the Court of S.D.J.M., Bhubaneswar with the prayer to quash the complaint and the order of cognizance and issue of process under Section 204, Cr.P.C. passed against them on 4.11.1997.2. The Complainant/Opposite Party No. 1 on 15.7.1994 purchased and delivered with a Tata Estate Car' because of mechanical defects in that vehicle and, as alleged, sub-standard machineries, the complainant alleged the offence of cheating punishable under Sections 417 and 420, I.P.C. Learned S.D.J.M., Bhubaneswar on 4.11.1997 took cognizance of that offence on the basis of the averments made in the complainant as well as initial statement of the complainant and, vide the impugned order, issued process against the accused persons in accordance with the provisions in Section 204, Cr.P.C. 3. In the application Under Section 482, Cr.P.C. supported by affidavit of the accused No. 4...
All Orissa State Bank Officers Co-operative Society Limited Vs. State ...
Court: Orissa
Decided on: Mar-14-2002
Reported in: 2002(I)OLR466
ORDERP.K. Tripathy, J.1. This Civil Revision is directed against the judgment dated 25.3.2000 in Misc. Appeal No. 1 1/24 of 2000 of the Court of Second Addl. District Judge, Bhubaneswar. Respondent before the Court below is the petitioner in this revision.2. Petitioner is a Co-operative Society constituted by a group of officers of the State Bank of India (in short 'S.B.I.) working within the State of Orissa who are not members of any other Co-operative Society or any other associations in the State as per their by-law, a copy of which has been placed for perusal by the learned counsel for the petitioner. When the Head Office of the S.B.I, was functioning at Forest Park and IDCO Tower the plaintiff-society was allowed accommodation within the Bank premises to run its office. The dispute arose when the Head Office was shifted to its own building without providing any accommodation to the plaintiff-society. Thus, the plaintiff-petitioner instituted T.S. No. 53 of 2000 in the Court of Civ...
S. Sudhir Kumar Patra and ors., Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-11-2002
Reported in: 93(2002)CLT724
Pradiptaray, J. 1. The petitioners in 1hese writ applications are the 2nd year students of 5 years' Integrated Master-in-Computer Application Course (hereinafter referred to as the 'M.C.A.') in private educational institutions, namely; National Institute of Information Science, Bhubaneswar, Sudhir Singh Memorial Institute of Technology, Cuttack; Orissa Academy of Science, 361-A, At - Patrapada, Bhubaneswar. The State Government granted permission to the respective Educational Agencies to establish those private educational institutions to offer five years' Integrated M.C.A. Course.2. It appears that several Educational Agencies including the Agencies of the aforesaid four institutions submitted a proposal to the State Government and Utkal University for introducing Five Years' Integrated M.C.A. Course from the Session 1999-2000. The Board of Studies of Utkal University considered the said proposal and after due consideration recommended introduction of several new courses in different ...
Salat Food Industries, Through Its Proprietor Vs. State of Orissa Repr ...
Court: Orissa
Decided on: Mar-11-2002
Reported in: 93(2002)CLT718
P.K. Balasubramanyan, C.J. 1. In effect, in this writ petition, what is claimed is that the petitioner is entitled to compel the opposite parties to give effect to the promises held out to the petitioner under Industrial Policy Resolution - 1992. (IPR-92 for short). The petitioner had earlier approached this Court in OJC No. 3748 of 2000 in essence claiming that it is entitled to exemption from sales tax in the light of IPR-92. By order dated 29.6.2000, the writ petition was dismissed as withdrawn. The question whether the petitioner is entitled to any exemption from sales tax would depend upon whether the petitioner is entitled to the benefit of any exemption under the notification issued under Seetion 6 of the Orissa Sales Tax Act, 1947 (in short, the 'Act'). This position is clear from the decision of the Supreme-Court in Sales Tax Officer and Anr., v. Shree Durga Oil Mills and Anr., AIR 1998 SC 591. In the light of this, it is for the petitioner to make the claim before the assessi...
Kinkar Santananda Sanyasi Vs. State Bank of India and ors.
Court: Orissa
Decided on: Mar-08-2002
Reported in: AIR2002Ori114; [2003]113CompCas449(Orissa)
B. Panigrahi, J.1. The petitioner has filed this case for issuing a writ of mandamus to the opp. parties 1 & 2 as to why the amount lying in deposit to the tune of Rs. 1,00,000/- shall not be given to him.2. The facts leading to the writ petition are as follows :One Charubala Das, the deceased-mother of the opp. Party No. 3 had maintained a term deposit account with the opp. party No. 1. It is alleged that she renounced the world and wanted to donate the aforesaid money to the math after her death. Accordingly the testatrix had executed a Will in favour of Shri Bithal Ramanuj disciple of Shri Sitaram Das Onkar Nath.3. The aforesaid amounts were kept in deposit in joint names, i.e. the name of the petitioner and late Charubala Das in savings Bank account bearing No. 83/3851 SBD and in term deposit bearing receipt No. TD/A/3 132328 for a sum of Rs. 56,552/-vide Annexure-1 series. It is further alleged that the opp. party No. 3, the only son of the deceased Charubala Das driven her out of...
Budha Alias Siris Kumar Bose and Five ors. Vs. the State of Orissa
Court: Orissa
Decided on: Mar-08-2002
Reported in: 2002(I)OLR654
A.S. Naidu, J.1. The six appellants have filed this appeal. inter alia, challenging the judgment and order of conviction passed by the learned Additional Sessions Judge, Kendrapara, convicting them under Sections 302 read with Section 149 of the Indian Penal Code (for short, the I.P.C.) and sentencing appellants Budha alias Siris Kumar Bose, Niru alias Niru Kumar Bose, Babua alias Sudhir Kumar Bose and Nandua alias Sunil Kumar Bose to undergo rigorous imprisonment for life. The other appellants being ladies, were sentenced to undergo rigorous imprisonment for ten years each. All the appellants are also sentenced to pay a fine of five thousand rupees, in default, to undergo rigorous imprisonment for two years.2. Shorn of unnecessary details, the short facts stated in the first information report lodged by Chandi Prasad Bose (P.W.2) on August 6. 1992 at 2.00 p.m. at the Kendrapara Police Station is as follows :On August 6, 1992 when informant was discharging his duties at his office, he ...
Sk. Badre Alam and Ashok Kumar Das Vs. Dealer Selection Board and ors. ...
Court: Orissa
Decided on: Mar-07-2002
Reported in: 93(2002)CLT675
R.K. Patra, J.1. From Kargil to Kanyakumari, when our Constitution recognizes only one domicile i.e. domicile in India, selection of a person as a retail outlet dealer is sought to be nullified on the ground that he is not a resident of a particular revenue district. Such a ground is available to be urged because the advertisement required that the applicant for the proposed opening of outlet in the district of Jajpur should be the resident of that very district.2. The selection of Sanjeev Parida as retail outlet dealer in respect of petrol and H.S.D. for Sathipur in the district of Jajpur is the subject matter of challenge in both the writ petitions. O.J.C. No. 11826 of 2001 has been filed by Ashok Kumar Das in which said Sanjeev Parida has been arrayed as opposite party No. 4. Sk. Badre Alam has filed O.J.C. No. 16033 of 2001 in which Sanjeev Parida is opposite party No. 6. Both the cases being analogous, they were heard together and are disposed of by this common order.3. An adverti...
The Executive Officer, Balasore Municipality, Balasore Vs. Shri Harimo ...
Court: Orissa
Decided on: Mar-07-2002
Reported in: 93(2002)CLT808; 2002(I)OLR556
P.K. Tripathy, J.1. Heard.2. The decree-holder/Opposite party and the judgment-debtor/ petitioner are some persons in all the three proceedings.Civil Revision No. 372 of 2001 is against the order dated 3.10.2001 in Misc. Case No. 398 of 2001 registered on an application under Order XX Rule 11, CPC at the instance of judgment-debtor/petitioner in Execution Case No. 17 of 1997 of the Court of Civil Judge (Senior Division), Balasore. Civil Revision No. 373 of 2001 is against a similar order of even date of the same Court in Misc. Case No. 397 of 2001 arising out of Execution Case No. 18 of 1997 and Civil Revision No. 374 of 2001 is also against a similar order of even date by the same Court in Misc. Case No. 399 of 2001 arising out of Execution Case No. 16 of 1997. Petitioner challenged these orders in the Court of District Judge, Balasore and vide the impugned order dated 19.10.2001 respectively in Misc. Appeal Nos. 108, 109 and 107 of 2001, learned District Judge dismissed the said appe...
Jagsingh Patra Vs. Debram Jhakar and ors.
Court: Orissa
Decided on: Mar-07-2002
Reported in: AIR2002Ori191; 2002(I)OLR425
ORDERP.K. Tripathy, J.1. Mr. B.P. Ray, learned counsel for the appellants/opp. parties states that in spite of asking the local counsel who were appearing for the appellants in the Court below, he has not received any intimation or instruction relating to the matter if learned Addl. District Judge, Bolangir simultaneously heard and disposed of the application under Section 5 of the Limitation Act and the application under Order 41, Rule 19, CPC after due intimation/notice to the opp. parties in that case (the revision-petitioner). Therefore, he states that he is not in a position to dispute to the contrary contention of learned counsel for the petitioner that no notice or intimation was given by the Court below for simultaneous hearing and disposal of both the aforesaid applications.2. Heard.3. In this civil revision, petitioner challenges correctness of the order dated 23-6-2000 passed by learned Addl. District Judge, Bolangir in M.J.C. No. 2 of 1998.4. Relevant facts, in brief, are t...
Alumina Mazdoor Sangh and ors. Vs. Ratna Construction Co. and ors.
Court: Orissa
Decided on: Mar-06-2002
Reported in: [2003(96)FLR944]; (2003)ILLJ793Ori
R.K. Patra, J. 1. Both the aforesaid Writ Petitions are analogous inasmuch as in both of them the order dated August 24, 2000 (Annexure-7 in OJC 8267 of 2000 and Annexure-2 in OJC 12027 of 2000) passed by the Assistant Labour Commissioner (Central) is the subject matter of challenge. The Petitioner in O.J.C. 8267 of 2000 seeks to challenge that part of the impugned order by which the Assistant Labour Commissioner has rejected the claim for payment of notice pay by the employer. In OJC 12027 of 2000 the Petitioner-employer questions the validity of the impugned order by which the Assistant Labour Commissioner directed payment of ex- gratia to the workmen. Both the cases were heard together with the consent of counsel for parties and are disposed of by this common order.2. Parties in both the writ petitions are the same, but are arrayed differently. Therefore, for the sake of convenience we, in this order have referred Alumina Mazdoor Sangh as 'the Union', National Aluminium Company Limi...