Orissa Court March 2004 Judgments
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Bhabagrahi Samantaray Vs. Satyabhama Swain
Court: Orissa
Decided on: Mar-19-2004
Reported in: 2004(I)OLR514
L. Mohapatra, J. 1. The husband is the petitioner before this Court challenging the order dated 19.8.1999 granting maintenance to the opposite party in a proceeding under Section 125 Cr.P.C. passed by the learned Judge. Family Court, Cuttack in Criminal Proceeding No. 345 of 1996. 2. From the record it appears that opposite party filed an application under Section 125 Cr.P.C. read with Section 7 of the Family Court Act claiming maintenance of Rs. 1,500/-per month from the petitioner. The case of the opposite party is that she married the petitioner in the month of June, 1979 according to caste, custom provided in their community and led a conjugal life till 21st August, 1990. At the time of marriage gold ornaments, cash etc. were given to the petitioner towards dowry. While the matter stood thus for no reason the opposite party was subjected to cruelty and ill-treatment as the opposite party did not conceive. After torture, cruelty and ill-treatment for sometime the opposite party was ...
industrial Development Corporation of Orissa Ltd. Vs. Commissioner of ...
Court: Orissa
Decided on: Mar-17-2004
Reported in: 98(2004)CLT363; [2004]268ITR130(Orissa)
A. K. Patnaik, J.1. This is an appeal under Section 260A of the Income-tax Act, 1961 (in short, 'the Act'), against the order dated February 7, 2003, of the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as 'the Tribunal), in I. T. A. No. 280/CTK of 2001.2. The facts as narrated in the impugned order of the Tribunal briefly are that the appellant is a public limited company wholly owned by the State Government of Orissa and has been incorporated with, inter alia, the object of promoting and establishing industries which are likely to advance the industrial development of Orissa. On September 29, 1995, the appellant entered into a purchase-cum-lease agreement with the Orissa State Electricity Board (in short, 'OSEB'), an undertaking of the State Government of Orissa for generation, distribution and supply of electricity: By the said agreement, the appellant purchased electrical machinery of some sub-stations of OSES for a price of Rs. 25 crores and leased...
Union of India (Uoi) and ors. Vs. Dhanurdhar Champatiray
Court: Orissa
Decided on: Mar-17-2004
Reported in: 2004(3)ARBLR30(Orissa); 98(2004)CLT125; 2004(I)OLR597
A.K. Patnaik, J.1. The Opp. Party executed a construction work for the petitioners. Some disputes arose between the petitioners and the Opp. Party arising out of the said work. Clause 25 of the agreement between the parties provided for reference of the disputes to the sole arbitrator or the person appointed by the Chief Engineer-in-charge of the work at the time of dispute or if there be no Chief Engineer, the administrative head of the said work at the time of such appointment. On 26.3.2003, the Chief Engineer-in-charge received a written request dated 21.3.2003 from the Opp. Party for appointment of the arbitrator. When no arbitrator was appointed by the Chief Engineer-in-charge, the Opp. Party filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in ARBP No. 21 of 2003 before the Chief Justice of the High Court, praying for appointment of an arbitrator. The said prayer was opposed by the petitioners before the Chief Justice stating that in the meanwhil...
Sulochana Kandi Vs. Diptirekha Kandi and anr.
Court: Orissa
Decided on: Mar-17-2004
Reported in: 98(2004)CLT182
A.K. Patnaik, J.1. The petitioner, opposite party No. 1 and one Kanchanlata Kandi filed their nominations for election to the post of Sarpanch of Golarhat Grama Panchayat which was reserved for Scheduled Caste woman. The opposite party No. 1 and Kanchanlata Kandi were 'BAURI' by caste and were thus Scheduled Caste candidates. The petitioner originally belonged to 'MANGATA JANA' caste which is not a Scheduled Caste but claims to have married to one Paramananda Kandi of village Pandit Patna who is 'BAURI' by caste. By virtue of such marriage, the petitioner claimed that she is a Scheduled Caste candidate and she accordingly filed the nomination as wife of Paramananda Kandi for the said election. The opposite party No. 1 objected to the nomination of the petitioner on the ground that she is not a Scheduled Caste and therefore could not contest the election to the post of Sarpanch of Golarhat Grama Panchayat which was reserved for a Scheduled Caste woman. The objection of the opposite part...
industrial Development Corpn. of Orissa Ltd. Vs. Cit
Court: Orissa
Decided on: Mar-17-2004
Reported in: [2004]137TAXMAN556(Orissa)
A.K. Patnalk, J.This is an appeal under section 260-A of the Income Tax Act, 1961 (herinafter referred to as the Act) against the order dated 7-2-2003 of the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the Tribunal) in I.T.A. No. 280Xtk/2001.2. The facts as narrated in the impugned order of the Tribunal briefly are that the appellant is a Public Limited Company wholly owned by the State Government of Orissa and has been incorporated with inter alia the object of promoting and establishing industries which are likely to advance the Industrial Development of Orissa. On 29-9-1995 the appellant entered into a purchase-cum-lease agreement with the Orissa State Electricity Board (hereinafter referred to as 'O.S.E.B.'), an undertaking of the State Government of Orissa for generation, distribution and supply of electricity. By the said agreement, the appellant purchased electrical machinery of some Sub-stations of O.S.E.B. for a price of Rs. 25 crores and ...
Yaswant Porwal Vs. State of Orissa
Court: Orissa
Decided on: Mar-16-2004
Reported in: 2004CriLJ2778; 2004(I)OLR497
ORDERL. Mohapatra, J.1. Informant is the petitioner before this Court challenging the order dated 7-4-2003 passed by the learned S.D.J.M. Jharsuguda in G.R. Case No. 1084 of 2002 rejecting the prayer of the petitioner for release of certain gold ornaments as well as cash under Section 457 of the Code of Criminal Procedure.2. Case of the petitioner is that he is the authorised agent of M/s. Rohit Jewellers, Mumbat dealing with manufacturing and sale of gold ornaments. In view of orders received from different jewellers the same were being supplied through the present petitioner. On the date of occurrence the petitioner being deputed by said M/s. Rohit Jewellers to supply ornaments to different jewellers in Orissa was moving from Jharsuguda to Bargarh in a bus. It is alleged that the accused persons on false pretext took him in a motor cycle with intention to commit robbery, as a result of which the petitioner raised hullah. Hearing his shout police rescued him and recovered gold ornamen...
Mongara Harijan Vs. State of Orissa
Court: Orissa
Decided on: Mar-16-2004
Reported in: 2004(I)OLR500
L. Mohapatra, J. 1. The petitioner having been convicted for commission of offences under Sections 451 and 376 of the Penal Code has preferred this revision challenging the order of conviction and sentence. 2. The case of the prosecution is that on 24.5.1993 the parents of the victim had been to Nowrangpur Weekly Market in the morning. At about 11.00 A.M. the victim after finishing her meal was taking rest along with her younger brother aged about 1 1/2 years by bolting the entrance door from inside. While the victim was asleep, she felt somebody's hand on her chest and found the petitioner sitting near her and sqeezing her breasts. When the victim protested, the petitioner requested to sleep with him and having realised the intention of the petitioner, the victim tried to raise hulla. It is further alleged that the petitioner closed the mouth of the victim by putting his hands, dragged her to the corner of the room and committed rape on her. Though the victim resisted due to pain, she...
Sushila Cement (P) Ltd. Vs. the Executive Engineer, Wesco and ors.
Court: Orissa
Decided on: Mar-15-2004
Reported in: AIR2004Ori174; 97(2004)CLT821; 2004(I)OLR593
A.K. Patnaik, J.1. Petitioner carries on business of manufacturing Cement and avails power supplied by WESCO. For the purpose of electricity tariff the petitioner has been categorised as a Large Scale Industry and the petitioner pays tariff in two parts- demand charges and energy charges. For the month of October, 2003 the meter on the basis of which billing for supply of electricity is made was found to be defective. The Executive Engineer, R.E.D. Rajgangpur, WESCO of Orissa worked out the bill for demand charges and energy charges for the month of October, 2003 on the basis of average meter reading for the months of June, July and September, 2003 and raised a bill on the petitioner for the month of October, 2003. Since the petitioner did not pay the bill for October, 2003 power supply was disconnected. Aggrieved, the petitioner filed the present writ petition on 20.1.2004 and on 3.2.2004 this Court while issuing notice in the writ petition passed orders that In the meanwhile the agre...
Miss Kustita Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-12-2004
Reported in: 97(2004)CLT631; [2004(101)FLR1210]; (2004)IIILLJ130Ori
Pradip Mohanty, J.1. The petitioner has filed this writ application under Article 226 of the Constitution seeking for a direction to the opposite parties to regularise her service.2. The petitioner was appointed as Attender by order dated 30.8.1994 passed by the Managing Director, Orissa State Co-operative Handicrafts Corporation Limited (for short 'the Corporation') under Annexure-1. The appointment of the petitioner was on temporary basis. Her services were being extended from time to time. Since the petitioner has completed eight years of service, she claims regularisation. Such claim of the petitioner is based upon proceedings of the meeting of the Sub-Committee held on 25.10.1991 under Annexure-3.3. The Corporation has filed a counter affidavit opposing the prayer for regularisation. According to the counter, Annexure-3 does not assist the petitioner as the petitioner does not satisfy the requirements of the same. Moreover, Registrar of the Co-operative Societies as well as the St...
Anup Kumar Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-12-2004
Reported in: 97(2004)CLT640
Pradip Mohanty, J.1. The petitioner's application under Section 19 of the Administrative Tribunals Act, 1985 having been dismissed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, he has filed this writ application under Articles 226 and 227 of the Constitution.2. In a nutshell, the case of the petitioner is that he has obtained degree of Bachelor of Engineering from Regional Engineering College, Rourkela. On 22.3.2003 an advertisement was published in daily 'Sambad' by the Department of water Resources, State of Orissa for engagement of Stipendiary Engineers on a consolidated remuneration of Rs. 5,000/- per month. Pursuant to the said advertisement, the petitioner made his application and on his selection, order of engagement was issued on 22.7.2003 posting him as Assistant Engineer, M.I.I. Sub-Division, Rayagada, for a period of six months where the petitioner joined on 8.4.2003. It was stipulated in the offer of appointment that the Stipendiary Engineers shall have to ...
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