Court : Orissa
Reported in : 99(2005)CLT672
ORDERI.M. Quddusi, J.1. Heard Mr. N. Lenka. Learned Counsel for the petitioner, Mr. A.K. Mishra, Learned Counsel for the Opp. Party No. 1 and Mr. A.K. Pandey, Learned Counsel for Opp. Party No. 2.2. This Writ Petition has been filed by the petitioner for quashing the Order dated 1.1.2005 (Annexure-4) by which the petitioner was intimated that he will retire from his service with effect from 31.1.2005 as well as for correction of his date of birth in his Service Book and allow him to continue in his service till 31.1.2006.3. Learned Counsel for the petitioner submits that the actual date of birth of the petitioner is 2.1.1948. Inadvertently the date of birth has been wrongly recorded in his Service Book as 2.1.1947. On the basis of such wrong entry in the Service Book by Order dated 1.1.2005 (Annexure-4) he was intimated to retire from his service with effect from 31.1.2005. After receipt of the Order dated 1.1.2005, the petitioner has approached this Court on 10.1.2005 by filing this W...
Tag this Judgment!Court : Orissa
Reported in : [2005]144TAXMAN872(Orissa)
A.K. Patnaik, J. This is an appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') filed by the appellant against the order dated 12-3-2002 of the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. No. 301/CTK/1997.2. The facts briefly are that the appellant is a partnership firm consisting of three partners, namely, Sri Harish Chandra Bhol, Sri Rabindranath Bhol & Sri Jitendranath Bhol. The appellant carries on the business of Sanitary Stores and for the assessment year 1989-90 the appellant filed a return on 31-7-1989 disclosing a total income of Rs.78,000. The return was accompanied by a trading and profit and loss account but no balance sheet. A letter dated 14-9-1989 was issued by the assessing officer to the appellant to file a balance sheet and in response to the said letter, a balance sheet was filed by the appellant enclosing the details of the sundry creditors and sundry debtors. The return was processed under section 143(1)(...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT468; (2005)196CTR(Ori)230; [2005]276ITR549(Orissa); 2005(I)OLR420
A.K. Patnaik, J.1. This is an appeal under Section 260(A) of the Income Tax Act, 1961 (in short, 'the Act') filed by the appellant against the Order dated 12th March 2002 of the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. No. 301/CTK/1997.2. The facts briefly are that the appellant is a partnership firm consisting of three partners, namely, Sri Harish Chandra Bhol, Sri Rabindranath Bhol and Sri Jitendranath Bhol. The appellant carries on the business of Sanitary Stores and for the assessment year 1989-90 the appellant filed a return on 31.7.1989 disclosing a total income of Rs. 78,000/-. The return was accompanied by a trading and profit and loss account but no balance sheet. A letter dated 14.9.1989 was issued by the Assessing Officer to the appellant to file a balance sheet and in response to the said letter, a balance sheet was filed by the appellant enclosing the details of the sundry creditors and sundry debtors. The return was processed under Section 143(1)(a)...
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR580
1. Heard Mr. S.N. Kar, learned counsel for the petitioner and Mr. S.K. Padhi and Mr. Goutam Mishra, learned counsel for the C.B.I.2. The husband of the petitioner late Debakalyan Mohanty was working as Senior Mining Engineer of Coal India Gevra Colliery Project at Gevra under the South Eastern Coal Fields Ltd. He died under suspicious circumstances on 30.12.1995 at Gevra. Suspecting that the husband of the petitioner had been murdered by some persons, the petitioner filed O.J.C. No. 11925 of 1996 for a direction to the Director, C.B.I. to investigate in the case of death of late Debakalayan Mohanty. By order dated 19.9.2001 passed in O.J.C. No. 11925 of 1996 this Court directed the Director, C.B.I. to investigate into the case. Pursuant to the said direction, RC.1 (S)/2002-JBR was registered by the C.B.I. at Jabalpur Branch under Sections 120-B and 302 I.P.C. against unknown officials of SECL and others and the case was investigated into by the Deputy Superintendent of Police. Jabalpur...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT710; 2005(I)OLR514
A.S. Naidu, J.1. The dispute in the present case relates to engagement of Swechhasevi Sikhya Sahayaks in Koraput Education District. In response to an advertisement issued by the State Government dated 26.3.2003 vide Annexure-1 the petitioner along with many others applied for being engaged as Swechhasevi Sikhya Sahayaks. The petitioner asserts that she is possessing requisite qualification and she is otherwise eligible for being engaged as Swechhasevi Sikhya Sahayak. According to her she has married to Sri Bijaya Kumar Sahoo in the year 1999 and is residing at Chatwa in the Education District of Koraput with her husband. In support of her stand she had submitted a Resident Certificate issued by the Tahasildar, Machkund in Miscellaneous Certificate Case No. 24/2003 vide Annexure-6. The said Resident Certificate clearly showed that the petitioner ordinarily resided in village Chatwa in the District of Koraput. It is further asserted that the petitioner in response to a call letter appea...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT373; 2005(2)ESC1376
B.P. Das, J.1. The Union of India represented by the General Manager, South Eastern Railways, and its officers have filed this Writ Petition under Articles 226 and 227 of the Constitution of India with a prayer to quash the Order dated 19.8.2003 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack, (hereinafter called'the Tribunal 1), vide Annexure-3, allowing Transfer Application No. 1/2002 filed by Opp. Party No. 1-Sangram Keshari Nayak (hereinafter described as 'the applicant').2. The applicant, who belongs to the Indian Railways Traffic Service (IRTS), filed an application under Section 10 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal, Calcutta Bench, which was registered as O.A. No. 1306/1999. Subsequently the said O.A. was transferred to the Cuttack Bench of the Tribunal and was registered as Transfer Application No. 1/2002. The applicant while serving as the Deputy Chief Operations Manager (Coaching) under the South Eastern...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori36; 99(2005)CLT595
A.K. Patnaik, J.1. These Writ Petitions were heard analogously and are being disposed of by this common judgment and order as they raise common questions of fact and law.2. The facts briefly are that the Bhubaneswar Development Authority (for short, 'the B.D.A.') issued an advertisement in the Oriya Daily 'The Samaya' dated 7.1.2000 offering developed plot of 2400 sqft. in Chandrasekharpur residential area at a cost of Rs. 2,40,000/-only at the rate of Rs. 100/- per sqft. and in the said advertisement it was stated that as there were only 45 plots the allotment will be decided on first come first serve basis. In the said advertisement it was further mentioned that applicants may deposit the money in the Oriental Bank of Commerce. B.D.A. Branch, Bhubaneswar and apply in plain paper with original challan. The case of the petitioners in these Writ Petitions is that on 7.1.2000 they applied in plain paper and deposited Rs. 2,40,000/- in the Oriental Bank of Commerce, B.D.A. Branch, Bhubane...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT551
Pradip Mohanty, J.1. In this Writ Petition, the petitioner seeks for a direction to the opposite parties to approve her service as Store Keeper in Zoology in Adikabi Sarala Das college.2. The petitioner's case, in short, is that she was selected by the Governing Body of the college for the Store Keeper in which post the petitioner joined on 10.09.1986. For the brief period, the petitioner was asked to work as Store-keeper in the Department of Psychology, but later she was adjusted in the post of Store Keeper in Zoology. According to the petitioner the Governing Body of the College has submitted proposal for approval of the post of the petitioner which was verified on 16.08.1996. But due to nonavailability of the records, no order was passed on the proposal submitted by the college. Thereafter, the college has submitted all the papers under Annexure-2 which is dated 2.4.1997.3. Though a counter affidavit has been filed by Opposite Party No. 2 disputing the eligibility of the petitioner ...
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ2989; 2005(I)OLR628
ORDERI.M. Quddusi, J.1. Heard Shri H. S. Mishra, appearing for Shri T.K. Sahoo, Advocate engaged by the petitioner, Shri Sibani Sankar Pradhan, learned counsel for the complainant and the learned Additional Government Advocate.2. This petition has been filed by the petitioner with the prayers that he may be granted anticipatory bail in Bhubaneswar Mahila P.S. Case No. 125 of 2004 dated 17.12.2004 corresponding to G.R. Case No. 4151 of 2004 pending in the Court of the learned S.D.J.M., Bhubaneswar with any terms and conditions considered to be fit and proper. Further, he has made two alternative prayers; (1) to grant him three months interim bail to enable him to move the Courts below as well as before this Court in the light of the judgment laid down by the Apex Court as well as by this Court or (2) this Court may direct the S.D.J.M., Bhubaneswar to release the petitioner on bail on his surrender in the above mentioned case.3. In fact this petition has been registered as BLAPL i.e. ant...
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR268
ORDERA.K. Samantray, J.1. Heard learned counsel for the petitioner as well as the learned Addl.Government Advocate.2. This application Under Section 482, Cr.P.C. has been filed for release of a LML Freedom Motor cycle bearing registration No. OR-05-Q-4062 which was seized by the OIC, Niali Police Station in connection with Niali P.S. Case No. 115 of 2004 corresponding to G.R. Case No. 791 of 2004 pending in the Court of J.M.F.C. (R), Cuttack. This matter was heard twice earlier and after production of Case Diary it is found that one of the accused namely Akshya Das involved in the case for the offence under Sections 302, 364, 201, 120-B/34, IPC was riding the motor cycle earlier and for that by the impugned order dated 1.11.2004. learned Magistrate before whom a petition Under Section 457, CrPC was filed for release of the said motor cycle in favour of the petitioner who is the owner of the motor cycle the learned Magistrate on the ground that the motor cycle may be required for the pu...
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