Orissa Court December 2004 Judgments
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Uday Chandra Pattnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-10-2004
Reported in: 2005CriLJ1928; 2005(I)OLR132
R.N. Biswal, J.1. Order of confiscation under Section 56(2-A) of the Orissa Forest Act, 1972 (in short 'the Act') passed on 7-5-2002 by the Authorised Officer-cum-Assistant Conservator of Forest, Keonjhar in O. R. No. 318-K of 2001-2002 is under challenge. By that order a jeep bearing Registration No. BIR 135 was directed to be confiscated.2. On 29-10-2001, in course of regular patrolling, the forest officials chased, intercepted and searched the aforesaid jeep and found a case of illegal transportation of 11 pieces of hand sawn Sal sizes i.e. 9.59 cft. Show cause notice was issued to the petitioner as the owner of the vehicle and his younger brother Govinda Chandra Patnaik as the driver of the vehicle. Show cause was filed by each of them. In his show cause, petitioner pleaded his ignorance regarding involvement of the jeep in carrying forest produce. The driver stated that on being requested by some unknown persons, he accepted the fare and loaded the said seized wood. Though both of...
Sanghamitra SwaIn Vs. Director, T.E. and Scert-cum-chairman, Central S ...
Court: Orissa
Decided on: Dec-10-2004
Reported in: 2005(I)OLR165
ORDER1. The petitioner calls in question the rejection of her application and denying admission to C.T. Course for the academic session 2004-05 as illegal and arbitrary.2. The petitioner's case in brief is that she is a graduate in science and belongs to S.E.B.C. category and a permanent resident of Raighar in the district of Nawarangpur. She is the eldest daughter of one Sukadev Swain, who was appointed as a primary school teacher in undivided district of Koraput since 13.11.1969. Sri Sukadev Swain, the father of the petitioner is continuing as a primary school teacher in U.P. School, Karanpadar under Umerkote Education District within the jurisdiction of Tahasildar, Umerkote and he is a government servant. The petitioner's father even though originally hails from Marshaghai in the district of Kendrapara, has been permanently settled with landed property and residence at Kodabhata (Raighar) in the district of Nawarangpur on account of his service as a government servant under the admi...
Rajpath Foot Path Byabasai Sangha Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Dec-09-2004
Reported in: 2005(I)OLR21
ORDER1. Heard Mr. A. Dash, learned counsel for the petitioner, Mr. D. Mohapatra, learned counsel for the B.D.A. and Mr. P. K. Jena, learned counsel for the Bhubaneswar Municipal Corporation.2. The petitioner is a registered society registered under the Societies Registration Act, 1860 comprising of members who are carrying on their business in temporary sheds by the side of Rajpath in Unit-1 of Bhubaneswar Town. The petitioner has stated that the said members have been carrying on such business in the temporary sheds by the side of Rajpath, Bhubaneswar for the last 40 years and have been paying tax to the Bhubaneswar Municipal Corporation (previously Bhubaneswar Municipality). In the year 1998, the opp. parties threatened eviction of the said members of the petitioner-society from their respective sheds by the side of Rajpath in Unit-1 of Bhubaneswar Town. The petitioner filed a writ petition O.J.C. No. 13623 of 1998 and by order dated 15.10.1998 this Court while issuing notice of admi...
Mousumi Maiti Vs. Utkal University and Two ors.
Court: Orissa
Decided on: Dec-09-2004
Reported in: 2005(I)OLR19
ORDER1. Heard Shri G. Mukherjee learned counsel for the petitioner and Shri Rath, learned counsel for the opp. parties-University.2. The petitioner calls in question the letter dated 23.4.2003 (Annexure-2) of the University cancelling the admission of the petitioner to P.G. (Private) Examination, 2002 in Bengali subject for the year 2002.3. It is submitted that the petitioner having been allowed to take the examination and having appeared at the examination it was not open to the opp. parties-University to cancel the same. Otherwise also the residential certificate which is said to be required for eligibility to appear at the examination violates Article 9 of the Constitution of India. Submission is also made that the petitioner had never filed any residential certificate and as such the stand of the University that such certificate was either forged or manipulated cannot be accepted.4. The opp. parties University has filed the counter affidavit inter-alia taking the stand that the pet...
Chatrubhuja Behera Vs. State of Orissa
Court: Orissa
Decided on: Dec-07-2004
Reported in: AIR2005Ori63; 99(2005)CLT186; 2005(I)OLR115
A.K. Patnaik, J.1. The case of the petitioner is that his son Muralidhar Behera suffered from cardiac disease. He was admitted in the S.C.B. Medical College and Hospital, Cuttack in Cardiothoracic Surgery Department on or about 6.1.2001. He gave an application on 6.1.2001 to the opp. party for sanction of financial assistance from the Chief Minister Relief Fund for his major operation. On 7.6.2001 a letter was issued by the Section Officer, General Administration Department sanctioning a sum of Rs. 10,000/- from the Chief Minister Relief Fund for his treatment but by letter dated 13.9.2002 the said sanction of Rs. 10,000/- was withdrawn. Aggrieved the petitioner has filed this Writ Petition under Article 226 of the Constitution for quashing the said communication dated 1 3.9.2002 in Annexure-6 to the Writ Petition withdrawing the sanction of Rs. 10,000/- out of the Chief Minister Relief Fund for the treatment of his son and for directing the opp. party to sanction financial assistance ...
Birla Tyres (an Unit of Kesoram Industries) Vs. Sales Tax Officer and ...
Court: Orissa
Decided on: Dec-06-2004
Reported in: 2005(I)OLR111; [2005]142STC124(Orissa)
A.K. Patnaik, J.1. The petitioner is a registered dealer under the Orissa Sales Tax Act and the Central Sales Tax Act. For the year 1999-2000, assessment under the Central Sales Tax Act was completed under Rule 12 (5) of the Central Sales (Orissa) Rules, 1957 and a demand of Rs. 1,17,590/- was raised against the petitioner by order dated 27.10.2001. Thereafter, assessment was reopened on the basis of a preliminary report despatched by the C.T.O. Intelligence Cuttack in his letter dated 15.11.2003 and a reassessment was made under Rule 10 of the C.S.T.(O) Rules, 1957 by the Taxing Authority on 25.10.2004 raising a demand of Rs. 29,86,607/-. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for quashing the order of reassessment and for other appropriate reliefs.2. Mr. Ray, learned counsel for the petitioner submitted that a reading of the impugned reassessment order dated 25.10.2004 made by the Taxing Authority, Balasore Circle, Balasore under ...
Smt. Laxmi Dei and anr. Vs. Shyam Sundar Hans
Court: Orissa
Decided on: Dec-04-2004
Reported in: AIR2005Ori78; 99(2005)CLT195
M.M. Das, J.1. These two appeals have been preferred against the orders refusing to grant interim injunction during the pendency of the suit for specific performance of contract.2. In order to appreciate the submissions made by the Learned Counsel for the parties, it is necessary to narrate the facts of the case in short.The father of the present appellant filed Title Suit No. 44 of 1994 before the Sub-ordinate Judge, now Civil Judge (Senior Division), Bhubaneswar praying for specific performance of contract or in alternative for recovery of consideration money of Rs. 4.5 lakhs. The case of the plaintiff is that, land measuring Ac. 0.150 decimals out of Ac. 4.360 decimals appertaining to Plot No. 1294 under Khata No. 140 situated in Mouza Nayapalli, Bhubaneswar, originally belonged to one Dr. Susilnath Bastia who by a registered sale deed dated 20.3.1985 sold the same to Defendant No. 1, Dr. Johenes @ Joe Mass. It is alleged that Defendant No. 1 while possessing the said property enter...
Ashok Kumar Pradhan Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Dec-04-2004
Reported in: [2005(104)FLR1111]; 2005(I)OLR97
N. Prusty, J. 1. The petitioner, who was working as EDBPM/ GDSBPM, Sanatribada Branch Office in the district of Angul and Respondent No. 5 in O.A. No. 520 of 2000 has approached this Court challenging the order/judgment dated 10.2.2004 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack, in the said case. One Utsab Chandra Pradhan, the applicant therein had approached the Tribunal for a direction to quash the selection and appointment of respondent No. 5 (the present petitioner) to the post of E.D.B.P.M. and for a direction to the Respondents to conduct selection test afresh by giving an opportunity to all the eligible candidates including the applicant.2. Even though nobody appeared for the applicant when the matter was taken up for hearing by the Tribunal, only on hearing the submissions made by Mr. B. Das, learned Additional Standing Counsel, learned Tribunal inter alia held that the selection of Respondent No. 5 to the post of E.D.B.P.M. was made in contravention ...
i.T.C. Limited Vs. State of Orissa
Court: Orissa
Decided on: Dec-01-2004
Reported in: 2005CriLJ1582; 2005(I)OLR122
ORDERR.N. Biswal, J.1. In this revision the petitioner has assailed the legality and propriety of the order 10-11-2004 passed by the J.M.F.C., Khallikote in Misc. Case No. 83 of 2004 arising out of 2(C) CC case No. 7/2004 wherein he rejected the petition under Section 451, Cr.P.C. filed by the petitioner.2. The petitioner-Company through its Executive, Finance, Mr. Ritobrata Chakravorty filed the petition under Section 451, Cr.P.C. before the Court below with a prayer to release 400 cartoons of cigarette to the Company or in the alternative release the entire consignment in favour of the transporter M/s. Indian Roadways Corporation Limited. As per the case of the petitioner it is a company within the meaning of the Companies Act, 1956 having its registered office at Jawaharlal Nehru Road, Kolkata inter alia engaged in the business of production of cigarette. One of the units of the petitioner-Company situates at Munger in the State of Bihar. On 4-9-2005 the petitioner-Company entrusted...
Rakesh SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Dec-01-2004
Reported in: 2005CriLJ1451; 2005(I)OLR127
ORDERR.N. Biswal, J.1. In this revision the petitioner has challenged the legality and propriety of the order dated 4-10-2004 passed by the S.D.J.M., Bhubaneswar in G. R. Case No. 1049 of 2004, wherein he rejected the petition under Section 167(2) Cr. P.C. filed by the petitioner.2. The case of the petitioner is that having been arrested on 5-6-2004 in Chandaka P.S. Case No. 23 of 2004 corresponding to the aforesaid G. R. Case for the offence under Sections 302/307/34 I.P.C. read with Sections 25 and 27 of the Arms Act he was remanded to judicial custody on the next date. Even though, in the meantime the statutory period of 120 days expired on 3-4-2004 charge-sheet could not be submitted. On 4-10-2004 he filed the petition under Section 167(2) Cr. P.C. for his release on bail. 3. Learned trial Court rejected the petition holding that in view of the nature of allegations made, he is not inclined to admit the accused-petitioner to bail. Being aggrieved with this order the petitioner has ...
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