Orissa Court October 2007 Judgments
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Hemanta Kumar Tripathy Vs. Union of India (Uoi) Represented by the Gen ...
Court: Orissa
Decided on: Oct-11-2007
Reported in: [2008(116)FLR693]; (2008)IILLJ495Ori; 2008(I)OLR54
I.M. Quddusi, J.1. The judgment and order dated 26.2.2001 passed by the Central Administrative Tribunal in O.A. No. 131 of 2000 dismissing the O.A. filed by the petitioner challenging the order of removal from service dated 25.12.1999 and the order dated 25.2.2000 rejecting his departmental appeal with a prayer for reinstatement in service with all consequential service benefits is under challenge in this writ petition under Articles 226 and 227 of the Constitution of India.2. It is not disputed that the charge sheet in the departmental proceeding was issued on 31.3.1995 to the petitioner. Thereafter the petitioner approached the Central Administrative Tribunal by filing O.A. No. 253 of 1997 for quashing of the charge sheet but the Tribunal vide order dated 8.7.1999 declined to quash the charge sheet. However, the Tribunal directed to conclude the departmental proceeding within a period of 120 days from the date of receipt of that order, if the same had not been completed and the petit...
Larsen and Toubro Limited Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-11-2007
Reported in: (2009)11VatReporter168; (2008)12VST31(Orissa)
A.K. Ganguly, C.J.1. Both these writ petitions were heard together as common questions of fact and law are involved.2. The petitioner is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of constructing/ executing road works throughout India and also in various other countries of the world. The petitioner is a registered dealer under the Orissa Sales Tax Act, 1947 as a 'works contractor' under the Sales Tax Officer, Bhadrak Circle, Bhadrak. The petitioner secured the contracts for road construction in the State of Orissa, which were awarded by the National Highway Authority of India, Ministry of Surface Transport, New Delhi, for a price of Rs. 310.94 crores and Rs. 257.93 crores (inclusive of all rates and taxes). These two contracts are the subject-matter of W.P. (C) No. 94 of 2007 and W.P. (C) No. 2774 of 2007.3. The petitioner's case is that in order to execute the works contract, the petitioner has given a portion of the work rela...
Markanda Charan Sahoo Vs. L.A. Collector and ors.
Court: Orissa
Decided on: Oct-11-2007
Reported in: 105(2008)CLT541
P.K. Tripathy, J.1. Heard further argument from the parties, hearing is concluded and the Judgment is as follows.2. Land Acquisition Case No. 2 of 1982 was registered in the Court of Sub-ordinate Judge, Jagatsinghpur (presently known as Civil Judge, Senior Division) on the reference made by the Land Acquisition Collector, Cuttack under Section 30 read with Section 18 of the Land Acquisition Act, 1948 (in short 'the Act'). It reveals on record that under Declaration No. 33849, dated 03.05.1977 Ac.0.06 decimals of 'Sarada' variety of land from plot No. 285 under Khata No. 32 and Ac.0.08 decimals of 'Sarada' variety of land under Plot No. 283 under Khata No. 78, both in Mouza Hitarana under Tirtol Police Station was acquired. The L.A. Collector determined the rate of compensation under Section 11 of the Act @ Rs. 3000/- (three thousand) per area. On determination of the quantum of compensation he entertained objection of Markanda Charan Sahu (Appellant in F.A. No. 1/9 of 1991) as the purc...
State of Orissa Through the Land Acquisition Collector Vs. Smt. Bhanur ...
Court: Orissa
Decided on: Oct-11-2007
Reported in: 105(2008)CLT369; 2008(I)OLR61
ORDERA.K. Parichha, J. 1. Heard.This is an appeal by the State challenging the award passed by the learned Civil Judge (Senior Division), Jajpur in L.A. Misc. Case No. 35 of 1991 answering a reference under Section 18 of the Land Acquisition Act (herein after referred to as 'Act').2. Ac. 8.48 decimals of lands appertaining to Plot No. 13, 30, 31, 32, 33, 34 and 35 under Khata No. 1/4 of village-Kanjiapal belonging to the claimant-respondents were acquired for Ashokjhari Minor Irrigation Project, Kanjiapal under declaration No. 17555 dated 16.3.1982. The Land Acquisition Officer after inquiry awarded a compensation of Rs. 1,27,650.20 including interest etc. for the acquired lands. The claimant-respondents received that amount under protest and prayed for reference of the matter to the Civil Court under Section 18 of the Act for adjudication of the proper market value of the acquired lands and that is how the matter came up before learned Civil Judge in the aforesaid L.A. Misc. Case.3. T...
Shri Jagannath Temple Managing Committee Vs. Commissioner of Income-ta ...
Court: Orissa
Decided on: Oct-11-2007
Reported in: AIR2008Ori37; (2008)218CTR(Ori)568; [2008]299ITR56(Orissa)
A.K. Ganguly, C.J.1. In this matter the petitioner is Shri Jagannath Temple Managing Committee being represented by its Chief Administrator. The subject-matter of challenge in this petition is the order dated 12-10-2006 passed by the Income-tax Officer, Puri Ward, Puri to the effect that letter No. 1015, dated 17-8-1995, issued by the Assistant Commissioner of Income-tax, Circle-1, Bhubaneswar granting exemption to the petitioner under Section 10(23BBA) of the Income-tax Act stands withdrawn with immediate effect. Apart from withdrawing exemption, various other notices were issued under Section 142 of the Income-tax Act (hereinafter, 'the Act') and letters to the Bankers and others were issued under Sections 201 & 201(1A) of the Act and notices under Section 221(1) of the Act have also been issued and have been impugned in this petition.2. Shri Jagannath Temple Managing Committee (hereinafter, the 'said Committee'), the petitioner herein, has been constituted by the State Government un...
Badal Barik Vs. State of Orissa
Court: Orissa
Decided on: Oct-09-2007
Reported in: 2008(I)OLR133
ORDERM.M. Das, J.1. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioners.2. An information was lodged by one Bidyadhar Barik in the Korai Police Station on 19.6.2007, inter alia, stating that the daughter of the informant got married to the petitioner in the year 2003 as per the Hindu Rites and Customs. At the time of marriage, the informant gave the couple a sum of Rs. 20,000/- in cash, gold ornaments and some house hold articles. But that was not in compliance with the demand of groom's family. A son was born out of the wedlock. After the birth of the child, the daughter of the informant suffered from T.B. She was left in the informant's house and the informant was getting her treated and giving her medicine as advised by the doctor. On 18.6.2007, the daughter of the informant while ill, expired.3. The informant in the F.I.R. made a prayer to the Officer-in-Charge of the Police Station to hand over the dead body ...
Nilagiri Adibasi Sarana Socio Education and Cultural Association Vs. S ...
Court: Orissa
Decided on: Oct-08-2007
Reported in: 2007(II)OLR800
ORDERA.S. Naidu, J.1. Mr. Panda, learned Counsel for the petitioner, has filed a Memo intimating that he has no instruction. No other counsel appears for the petitioner.2. Heard learned Counsel for the State.3. The dispute in this writ application is with regard to introduction of Santali language in Al-Chiki Script at primary level for the tribal students as an additional language. In response to the notice issued a counter affidavit has been filed by the State authorities taking a specific stand that the Government of Orissa vide Resolution No. 7710/E dated 25.2.1991 introduced Santali language in AL-Chiki Script on experimental basis in Primary Education in 30 Primary Schools of Mayurbhanj, Sundargarh and Keonjhar districts, but then the Government has not extended such facility in Balasore District or any selected School in Nilagiri Block. Education as per the Constitution upto the Primary Level is guaranteed to all the citizens of the country. That apart, after taking a decision t...
Prakash Kumar Naik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Oct-08-2007
Reported in: 2008(I)OLR142
Pradip Mohanty, J.1. The order dated 31.07.2007 passed by the S.D.J.M., Angul in C.T. Case No. 704 of 2007 is assailed in ,the instant revision.2. Fact of the case in brief is that the petitioners along with others have been implicated under Sections 366/376/34 IPC in Nalco P.S. Case No. 40 of 2007 corresponding to C.T. Case No. 704 of 2007 pending before the S.D.J.M., Angul. After completion of sixty days in custody, a petition was filed by the advocate for the petitioners under proviso (a)(ii) to Section 167(2) Cr.P.C. to release them on bail. The learned S.D.J.M. considered and rejected the same by the impugned order.3. Learned Counsel for the petitioners submits that in connection with the aforesaid case, accused-petitioners were arrested on 30th May, 2007. Next day, i.e. on 31st May, 2007, they were produced before the S.D.J.M., Angul, who remanded them to judicial custody. The forwarding report reveals that the accused-petitioners are liable for commission of offences punishable ...
Smt. Mounabati Jena and anr. Vs. State of Orissa
Court: Orissa
Decided on: Oct-05-2007
Reported in: I(2008)DMC352; 2007(II)OLR694
ORDERL. Mohapatra, J.1. In this application under Section 482 Cr.P.C, the order dated 18.2.2006 passed by the learned S.D.J.M., Dhenkanal in G.R.Case No. 331 of 2005 taking cognizance of the offences under Sections 498A, 304B, 201 and 34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act is under challenge.2. The informant Shantilata Rout, who is the mother of the deceased, lodged an F.I.R. before the Officer-in-Charge, Sadar Police Station, Dhenkanal alleging therein that on 17.4.2002 she had given her daughter in marriage to one Bulu @ Satyanarayan Jena. At the time of marriage, Rs. 70,000/- was given towards dowry. However, after marriage, her daughter was tortured by the petitioners for non-fulfilment of further dowry demand. It is further alleged in the F.I.R. that due to such torture, the deceased was living a measurable life. On 20th February, 2005, the informant and other family members were informed regarding illness of the deceased and when they went to...
Bansi Tyre Services Vs. Orissa Sales Tax Tribunal and ors.
Court: Orissa
Decided on: Oct-04-2007
Reported in: (2009)20VST475(Orissa)
I. Mahanty, J.1. The petitioner, M/s. Bansi Tyres Services has filed this revision under Section 24(2)(b) of the Orissa Sales Tax Act, 1947, inter alia, seeking to raise certain questions of law arising out of the order dated May 20, 1993, passed by the Orissa Sales Tax Tribunal, Cuttack. By the order dated July 14, 1997, this Court was pleased to admit the revision application on the following questions of law:(i) Whether on facts and in the circumstances of the case, any nexus exists between the alleged suppression and enhancement made by the authorities ?(ii) Whether on facts and in the circumstances of the case, levy of penalty under Section 12(8) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') to the extent of Rs. 10,000 was justified ?2. Mr. J. Sahoo, learned Counsel for the petitioner, inter alia, submitted, that the Vigilance Inspector of Sales Tax Department inspected the premises of the petitioner-assessee on April 3, 1985 and submitted a report. It is alleged that al...
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