Orissa Court April 2005 Judgments
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Commissioner, Kendriya Vidyalaya Sangathan and ors. Vs. Archana Jena a ...
Court: Orissa
Decided on: Apr-13-2005
Reported in: 101(2006)CLT774; 2005(II)OLR93
I.M. Quddusi, J.1. This writ petition has been filed against the impugned order passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack dated 5.11.2004 and 14.2.2005 in M.A. 715/2004 and MA. 72/05 respectively arising out of O.A. No. 609 of 2004.2. When this writ petition was taken up as a fresh matter, this Court vide order dated 31.3.2005 issued notice to the opposite parties and also passed interim order in Misc. Case No. 3442 of 2005 staying operation of the impugned order of transfer.3. Learned counsel for opposite party No. 1 thereafter has filed Misc. Case No. 4512 of 2005 for vacation of interim order dated 31.3.2005. Since the learned counsel for the parties have been heard at length, we are of the view that the writ petition itself be decided finally at the admission stage. Therefore, the same is being disposed of as under.4. The brief facts of the case, are that the opposite party No. 1, who is at present working as T.G.T. (Biology) in Kendriya Vidyalay...
Commissioner of Income Tax Vs. Indian Charge Chrome Ltd.
Court: Orissa
Decided on: Apr-13-2005
Reported in: 2005(II)OLR159
B.P. Das, J.1. Heard learned counsel for the Revenue as well as the assessee.2. On an application made by the Revenue, the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack, (hereinafter 'Tribunal') has referred the following question of law arising out of the order of the Tribunal in I.T.A. No. 203 (CTK) of 1988 in respect of the assessment year 1985-86 for opinion of this Court :'Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the receipt of Rs. 25,705/- on account of sale of tender papers would go to reduce the capital cost and therefore, the same was not assessable as 'Income from other Sources' in the hands of the assessee-company for the assessment year 1985-86 ?'3. Brief facts : The assessee is a company engaged in manufacture and sale of charge-chrome, ferro-chrome etc. and during the assessment year 1985-86 when the company was still at the stage of construction and had not gone for commercial production, a 'nil' ...
Jogeswar SwaIn and Two ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-13-2005
Reported in: 2(2006)DMC392
Sujit Barman Roy, C.J.1. This appeal is pending in this Court since 1998. About seven years' time has elapsed. The appellants are languishing in jail. When we wanted to take up the matter for final hearing and disposal learned counsel for the appellants sought for adjournment. We are sorry to say that here the appellants are languishing in jail for long period, and therefore, it would not be proper for us to adjourn the hearing of this appeal.2. This appeal at the instance of the three appellants, namely, Jogeswar Swain (A-l) and his parents, namely, Kalandi Swain and Kumai Swain (A-2 and A-3 respectively), is directed against the judgment dated 10.8.1998 passed by the learned Additional Sessions Judge, Sambalpur in S.T. No. 265/8 of 1997 convicting all the three appellants under Sections 302/34, 1PC and also under Sections 498A/34, IPC and sentencing them all to R.I. for life and to pay a fine of Rs. 1,000 each, in default to undergo Rl for one month each in respect of their convictio...
State of Orissa Represented by the Commissioner of Sales Tax Vs. K.R. ...
Court: Orissa
Decided on: Apr-13-2005
Reported in: 2006(II)OLR219
B.P. Das, J.1. In view of the amendment in the Orissa Sales Tax Act, 1947, the aforesaid S.J.C. is converted into a Sales Tax Revision and is registered as such.2. On an application made by the Revenue under Section 24(2) of the Orissa Sales Tax Act, 1947, (in short 'the O.S.T. Act'), this Court by its order dated 22.11.1996 directed the Orissa Sales Tax Tribunal to state a case and refer the following question of law arising out of the order dated 31.3.1992 passed by the Tribunal in S.A. No. 9 (C) of 1990-91 in respect of assessment year 1987-88 for opinion of this Court :Whether on the facts and in the circumstances of the case, the interpretation of the learned Sales Tax Tribunal to the effect that as per SI. 30-D of the tax free schedule, oil cake is generally exempted and not conditionally exempted is correct?3. Brief facts : The assessee is a registered dealer and carried on business in ground-nuts, ground-nut seeds, ground-nut oil-cake and other articles and effected inter-State...
Mandangi Relli Vs. State of Orissa
Court: Orissa
Decided on: Apr-12-2005
Reported in: 99(2005)CLT689
Pradip Mohanty, J.1. In the above appeal, the appellant challenges the Judgment and Order dated 15.3.1996 of the Learned Sessions Koraput, Jeypore camp at Rayagada, in Sessions Case No. 130 of 1995 whereby the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life.2. The case of the prosecution in succinct is that on 22.12.1994 the appellant called the deceased, his elder brother-Mandangi Bandhu (P.W. 1), Kadraka Jagabandhu (P.W. 2) and Mandangi Gobi (P.W. 3) to take Salap juice. Accordingly, in the afternoon, they are including the appellant went to Godamati mountain, where existed the Salap tree of the appellant and took Salap juice. While returning, at Sulangi Bandha all on a sudden the appellant dealt successive blows on different parts of the body of the deceased by means of Tangia, which he was then holding. As a result, the appellant fell down over a heap of stone and succumbed to the injuries.FIR was lodged by P.W. 1 whereupon police ...
Bijaya Kumar Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Apr-12-2005
Reported in: 2005(I)OLR693
R.N. Biswal, J.1. The petitioner faced trial for the offence under Section 307 I.P.C. and the other two co-accused persons for the offence under Section 323/34 I.P.C., jointly in S.T. case No. 31 of 1997, before the Court of Chief Judicial Magistrate-cum-Asst.Sessions Judge, Angul. The two co-accused got acquitted. The petitioner was found not guilty for the offence under Section 307 I.P.C. and was acquitted thereof. However he was found guilty for the offence under Section 326 I.P.C. and was sentenced thereunder to undergo R.I. for three years and to pay a fine of Rs. 200/-. In appeal the order of conviction and sentence was maintained. So, the petitioner filed the present revision.During pendency of the revision the injured who was said to have been assaulted by the petitioner and the petitioner himself filed two separate petitions with affidavits stating therein that they are related as cousin brother and on intervention of the village gentry they have already settled their dispute ...
Canara Bank, Represented by Its Manager, Sambalpur Branch Vs. Vithal D ...
Court: Orissa
Decided on: Apr-12-2005
Reported in: AIR2005Ori155; IV(2005)BC177; 100(2005)CLT36; 2005(I)OLR744
Pradip Mohanty, J.1. This is an appeal under Section 96 of the Civil Procedure Code filed by the plaintiff-Bank with a prayer to realise the future interest at the rate of 18% per annum with quarterly rests from the defendant-respondents.2. The appellant, as plaintiff, filed Money Suit No. 191 of 1989 in the Court of the Subordinate Judge, Sambalpur for realization of Rs. 3,02,922.50 paise with pendente lite andDecided on 12th April, 2005.future interest at the rate of 18% per annum. The pleadings of the appellant-Bank are that it issued Bank Guarantees amounting to Rs. 2,77,000/- in the account of defendants and in favour of Orissa Forest Corporation Limited and respondent No. 1 executed counter guarantee in its favour. When the Orissa Forest Corporation Limited demanded the amount from the appellant, the appellant demanded the amount from respondent No. 1 but respondent No. 1 did not pay the same. However, the appellant-Bank made payment of Rs. 2,68,258.68 paise to Orissa Forest Corp...
Sisira Mohanty and ors. Vs. Commissioner, Consolidation and Four ors.
Court: Orissa
Decided on: Apr-11-2005
Reported in: 2005(I)OLR696
ORDERA.S. Naidu, J. 1. Heard Mr. Sahoo, learned counsel appearing for petitioners, Mr. Purohit, learned counsel appearing for opposite party No. 5 and learned Addl.Government Advocate appearing for opposite party Nos. 1 to 4.2. The judgment dated 19th December, 1986 passed by the Commissioner, Consolidation in Consolidation Revision Case No. 1126 of 1986 in exercise of the powers conferred upon it under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 is assailed in this writ petition.3. The disputed lands measuring an area of Ac.0.64 decimals are situated in mouza Durgeswar, P.S. Gop in the district of Puri under Sabik Khata No. 69 and comprises of different plots. There is no dispute at the Bar that the disputed lands were the subject matter of Execution case No. 113 of 1944-45 in which a decree was passed in Rent Suit No. 2021 of 1943-44 in the Court of Deputy Collector. In the said execution case the disputed lands were put to auc...
Sanjay Kumar Sahoo and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-08-2005
Reported in: 2005(I)OLR690
I.M. Quddusi, J.1. This application under Section 482 of Criminal Procedure Code has been filed by the petitioners with a prayer to quash the order dated 8.12.2003 taking cognizance passed by the learned J.M.F.C.(R), Cuttack in G.R. Case No. 92 of 2003.2. It appears that on the basis of the complaint petition filed by one Sarawasti Sahoo (Opp.Party No. 2) in the Court of the learned J.M.F.C. (R), Cuttack, I.C.C. No. 13 of 2003 was registered and the same was sent to the police for investigation which was registered as Cuttack Sadar Police Station Case No. 18 of 2003 for the offences punishable under Sections 494/506/294/342/498(A)/307/34 I.P.C. read with Section 4 of the Dowry Prohibition Act. There are co-accused as shown in the F.I.R. besides petitioner No. 1, who are family members of petitioner No. 1. It appears that a petition for mutual divorce under Section 13(B) of the Hindu Marriage Act was filed before the Judge, Family Court, Cuttack by petitioner No. 1 and opposite party No...
Sri Baji Badajena Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-08-2005
Reported in: 100(2005)CLT80
ORDER1. Heard Mr. Mallick, Learned Counsel for the petitioner and Mr. S. K. Jee, Learned Addl. Standing Counsel for the Union of India.2. The petitioner claiming to be a Swatantrata Sainik and having taken active part in the freedom fight had undergone imprisonment from 13.3.1945 to 10.10.1945 in Jigar Ghacha and Nilganja Jail filed an application under the Swatantrata Sainik Samman Pension Scheme, 1980 for grant of pension. The said application was duly considered by the Government of India, Ministry of Home Affairs and by letter dated 13.5.2003 the request made to grant the Swatantrata Sainik Samman Pension was rejected. Being aggrieved the petitioner has approached this Court, inter alia, challenging the order dated 13.5.2003, vide Annexure-5. According to the Learned Counsel for the petitioner, the petitioner had taken active part in the Freedom Fight and had undergone imprisonment. The period for which he suffered imprisonment was prior to the independence and necessary documents ...
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