Orissa Court August 2006 Judgments
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Executive Officer, Berhampur Municipalty Vs. Ramahari Patra
Court: Orissa
Decided on: Aug-14-2006
Reported in: 2007(I)OLR15
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 29.04.1991 passed by the learned J.M.F.C, Berhampur in 3(a) C.C. Case No. 4 1990/T.R. No. 138 of 1990, acquitting the respondent of the offence under Section 385-A of the Orissa Municipal Act (for short 'the Act').2. The case of the appellant is that on 28.09.1989 and thereafter it was found that the accused-respondent had constructed a building in the main road, Gosaninuagam Street, abutting to public road in Ward No. 23 within Berhampur Municipality area without obtaining any permission. Thereby, he had contravened the provisions of Sections 264 and 266 of the Act.3. The plea of the respondent was complete denial of the allegation.4. Three witnesses were examined and five documents exhibited on behalf of the appellant to prove its case. But, none was examined on behalf of the defence in order to substantiate its plea. Learned J.M.F.C, who tried the case, by his judgment dated 29.04.1991 acquitted the ac...
The Divisional Manager, Oriental Insurance Co. Ltd. Vs. Sri Kalandi Ch ...
Court: Orissa
Decided on: Aug-11-2006
Reported in: II(2007)ACC166; 2006(II)OLR500
ORDERL. Mohapatra, J.1. Though this case was listed for admission, on request of the learned Counsel for the parties, the same is taken up for hearing and disposal.This appeal is directed against the judgment and award dated 7.10.1999 passed by the Third M.A.C.T., Puri in MACT Misc. Case No. 2097/111 of 1992/1991 directing payment of compensation of Rs. 2,10,000/- with interest @ 12% per annum from the date of filing of the application till payment.2. Claimants-respondents are the legal heirs of deceased Kishore Chandra Jena. Case of the claimants is that on 9.12.1990 at about 5 p.m. when the deceased was going to market for purchasing vegetables in his cycle, the offending bus bearing registration No. ORP-5627 driven in a rash and negligent manner dashed against him from behind, as a result of which the deceased was thrown to a distance of ten feet and fell on the road and thereafter the offending bus ran over him causing the death. Further case of the claimants-respondents is that th...
Commissioner of Income Tax Vs. Orissa Forest Development Corporation L ...
Court: Orissa
Decided on: Aug-10-2006
Reported in: (2007)211CTR(Ori)572; [2007]290ITR543(Orissa); 2006(II)OLR403
B.P. Das, J.1. On an application filed by the Commissioner of Income Tax, Orissa under Section 256(1) of the Income Tax Act, 1961, the Income Tax Appellate Tribunal has referred the following questions of law by its order dated 8.4.1991 passed in R.A. No. 9 (CTK)/1991 arising out of I.T.A. No. 126 (CTK)/1990 for opinion of this Court.(1) Whether on the facts and in the circumstances of the case, the learned Tribunal has interpreted the statutory language as is contained Under Section 153 appropriately and legally and whether the learned Tribunal is legally justified to come to the conclusion that 'the present assessment order is clearly barred by limitation and is valid?(2) Whether on the facts and in the circumstances of the case on reading of the agreement it is correct to interpret that the assessee-company is not a selling agent and as such an independent contractor under this agreement and that the act of the Principal i.e. the Orissa Forest Department or the State Government?'(3)...
Lokanath Mishra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-10-2006
Reported in: 2006(II)OLR544
M.M. Das, J.1. As pleadings of the parties are complete and the impugned orders in both the writ petitions are same and they arise out of the same set of facts and involve same question of law, they are heard together and are being disposed of by this common judgment.2. The petitioner-Shyama Prasanna Mohanty in W.P.(C) No. 1802 of 2004 made an application for lease of a piece of land before the Tahasildar, Bhubaneswer which was registered as a Waste Land Lease Case No. 2038 of 1979. Ultimately, in the said lease case, land measuring Ac. 2.00 under khata No. 474/12 appertaining to plot No. 516/702 situated in mouza Patia was leased out in favour of the petitioner. The name of the petitioner was recorded after correcting the Record of Rights of the said land. The petitioner continued in possession of the said land and paid rent for the same to the Government.3. It is revealed from the facts of the case that different parcels of land from the said leasehold land of Shyama Prasanna Mohanty...
Rama Chandra Sahoo and Dhadi Behera and Two ors. Vs. State of Orissa a ...
Court: Orissa
Decided on: Aug-10-2006
Reported in: 103(2007)CLT276; 2006(II)OLR769
ORDERM.M. Das, J.1. As these two writ petitions involve similar question of law and fact, they are heard together and are disposed of by this common order. Since the dispute purely relates to the question of law and the opp. parties in both the writ petitions are State authorities and are represented by the learned Addl. Government Advocate, we do not find any necessity to issue notice to the opp. parties, which is accordingly dispensed with.2. We have heard learned Counsel for the petitioners and the learned Counsel for the State.3. The facts of both the cases reveal that the petitioners encroached upon different pieces of land belonging to the Government for which Encroachment Case Nos. 361/75 and 363/75 respectively were initiated against them by the Tahasildar, Tirtol/Kujanga under the provisions of Section 7(2)(a) and (b) of the Orissa Prevention of Land Encroachment Act, 1972 (for short 'the O.P.L.E. Act'). Upon hearing the petitioners, the said Tahasildar by orders dated 5.8.197...
Sanjee @ Sanjay Kumar Roul Vs. State of Orissa
Court: Orissa
Decided on: Aug-09-2006
Reported in: 2006CriLJ4737; 2006(II)OLR407
P.K. Tripathy, J.1. Appellant is the accused in Criminal Trial (Sessions) Case No. 21/115 of 2003-02 of the Court of Ad hoc Addl. Sessions Judge, Kamakhyanagar. In this appeal he has challenged the order of conviction for the offence under Section 302, I.P.C. and the sentence of imprisonment for life.2. Fact involved in this case is that Raj Kishore Biswal, the deceased was working as a Mistri (sweet maker) in the Hotel of the accused. The deceased had taken a loan of Rs. 5,000/- from the accused to meet the marriage expenditure of his daughter. He was repaying the said loan in instalment from his monthly wage. In that process, an arrear of Rs. 1,500/- was still outstanding. At that juncture, deceased came to his house on leave from the hotel and sent a substitute to work in his place. That substitute is Cheru Mahalik (P.W. 6). The substitute expressed his incapability to prepare sweets for the shop of the accused. Therefore, on 12.7.2002, the accused came to the house of the deceased ...
Bijaya Parida Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-09-2006
Reported in: 2006(II)OLR591
M.M. Das, J.1. In this petition under Article 226 of the Constitution of India, the petitioner-detenu challenges the order of detention dated 25.10.2005 issued by the District Magistrate, Puri under Section 3(2) of the National Security Act, 1980 (for short, 'the Act') on various grounds.2. The petitioner-detenu's case, in brief, is that he is the brother of one Ananta Parida who was the President of the Delanga Hat on being elected by the majority of the shop owners till the year 2005 when the order of detention was passed. The petitioner-detenu's younger brother was murdered by some anti-socials on 29.8.2005 for which he lodged an information in the Delanga Police Station and a case was registered thereon being Delanga P.S.Case No. 95 (10)/2005 under Sections 302/294/34 IPC. It is the further case of the petitioner that due to political rivalry he was implicated in various criminal cases and in furtherance of such political vendetta against him the impugned order of detention was pas...
Assistant Sub-inspector, R.P.F. Vs. Sambhunath Shaw
Court: Orissa
Decided on: Aug-09-2006
Reported in: 2006(II)OLR456
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 27.01.1990 passed by the judicial Magistrate First Class, Cuttack in 2(c) C.C. No. 171 of 1982 acquitting the accused-respondent of the charge under Section 3(a) of the Railway Property (Unlawful Possession) Act.2. Prosecution case, in short, is that on 21.06.1982 at about 6.30 P.M., the O.C.R.P.F. got information that the accused respondent was in unlawful possession of railway properties, which were kept in his shop near Bombay Hotel. The O.C.R.P.F. along with other staff proceeded to the spot, searched the shop of the accused-respondent after observing all formalities and recovered some railway properties. The properties were seized and seizure list prepared in presence of witnesses. After completion of enquiry, prosecution report was filed against the accused-respondent.3. The plea of the accused-respondent was complete denial of the allegation and his false implication in the case.4. In order to prov...
Shankar Mishra Vs. State of Orissa and 2 ors.
Court: Orissa
Decided on: Aug-09-2006
Reported in: 2006(II)OLR453
S. Barman Roy, C.J.1. By this writ petition the petitioner-detenu seeks to challenge the order of detention issued against him by the District Magistrate, Sambalpur on 23.12.2005 under Sub-section (2) of Section 3 of the National Security Act, 1980 directing detention of the petitioner so as to prevent him from acting in any manner prejudicial to the maintenance of public order.2. The impugned order of detention dated 23.12.2005, as passed by the District Magistrate, Sambalpur under Annexure-1, reads as under:OFFICE OF THE DISTRICT MAGISTRATE, SAMBALPUR ORDER No. 1812/Res. Dt. 23.12.2005Whereas I Shri Vishal Gagan, IAS, District Magistrate, Sambalpur has been directed in Government of Orissa, Home (Special Section) Department Order No. 5595 C dated 12th December, 2005 to exercise the powers conferred by Sub-section (2) of Section 3 of the National Security Act, 1980.Whereas I am aware that Shri Shankar Mishra, aged about 30 years, s/o. Gopal Chandra Mishra of Saheb Bangala Pada, Badaba...
Rabinarayan Naik and anr. Vs. Suren Kumar Satpathy (Dead) and ors.
Court: Orissa
Decided on: Aug-09-2006
Reported in: 2006(II)OLR523
A.K. Parichha, J.1. The present respondents as plaintiffs filed T.S.No. 45 of 1984 in the Court of learned Sub-ordinate Judge, Dhenkanal for declaration of title and confirmation of possession over the suit property and also permanent injunction against the present appellant-defendants. That suit was decreed and the present appellants carried appeal, vide Title Appeal No. 27 of 1985 before the learned District Judge, Dhenkanal. The said Court having confirmed the decree of the trial Court, the present appeal has been preferred. During pendency of this appeal, Respondent Nos. 1 and 3 died, but their legal heirs were not brought on record for which the appeal abated against those respondents. At this juncture, a question came up for consideration as to whether the present appeal would abate as a whole or continue against the remaining respondents.2. Mr. Sahoo, learned Counsel appearing for the respondents submits that the decree passed by the Courts below being inseparable for all the re...
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