Orissa Court December 2007 Judgments
Rishabh Electricals Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 2008(I)OLR351; (2008)14VST391(Orissa)
B.P. Das, J.1. The petitioner, M/s. Rishabh Electricals Pvt. Ltd., has filed this writ petition under Articles 226 & 227 of the Constitution of India with a prayer to (1) declare that the petitioner-industry is entitled to sales tax exemption in view of Entry 43-A of the Finance Department Notification dated 26.7.1996, (2) to direct the O.Ps. to grant sales tax exemption to the petitioner as per the specific provision made in this regard in the Industrial Policy Resolution 1996 and (c) to declare that the petitioner-industry being a priority industry is entitled to sales tax exemption.The petitioner claims that it is a beneficiary under the Industrial Policy Resolution 1996 (herein after 'IPR 1996') issued by the State Government, which provided for certain incentives to different categories of industries as indicated therein. According to the petitioner, the petitioner on being attracted by the incentives indicated in the IPR 1996 set up its industry in village Saura in the district o...
Tag this Judgment!Golam Mohammad and anr. Vs. Sk. Fakir and ors.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 2008(I)OLR235
Pradip Mohanty, J.1. This revision is directed against the order dated 23.10.1998 passed by the District Judge, Cuttack, in Title Appeal No. 124 of 1996 remanding the matter back to the trial Court under Order 41, Rule 25 of the Code of Civil Procedure.2. The case of the petitioners is that they as plaintiffs filed Title Suit No. 456 of 1987 before the 1st Additional Civil Judge (Senior Division), Cuttack for declaration of right, title, interest, and possession over the suit property, or in the alternative, for necovery of possession thereof. They also made a prayer for permanent injunction restraining the defendant-opposite parties from interfering with their peaceful posseasion over the suit property. The suit was decreed in their favour. Therelafte the unsccessful defendants Titie preferred Title Appeal No. 124 of 1996 before the District Judge, Cuttack. The appellate Court, after hearing the parties, remanded the matter to the trial Court under Order 41, Rule 25 C.P.C., which, acc...
Tag this Judgment!Shree Plastics (P) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 2008(I)OLR254; (2008)16VST122(Orissa)
B.N. Mahapatra, J.1. This writ petition has been filed by the petitioner challenging the inaction of Opp. parties 4, 5 and 6, who are the Executive Officer, Administrator and Octroi Superintendent of Berhampur Municipality respectively, in granting certificate of exemption from payment of octroi in terms of Indusirial Policy Resolution 1996, (hereinafter referred to as the I.P.R. 1996') in respect of machineries and equipments which are required to set up new industrial unit under the said I.P.R. 1996.2. The case of the petitioner in short is that it is a Private Limited Company and being encouraged by various incentives including the incentives in respect of octroi provided under IPR 1996, the petitioner proceeded to establish an industrial unit for manufacturing of Rigid PVC pipes. And for the said purpose, the petitioner obtained 'Provisional Certificate' bearing Registration No. 150610289 dated 4.5.1996, 'No Objection Certificate' dated 5.8.1996 and 'Sales Tax Registration Certific...
Tag this Judgment!Hemanta Moharana and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 105(2008)CLT316; II(2008)DMC180
Pradip Mohanty, J.1. By this revision petition, the Petitioners assail the legality and propriety of the Order Dated 30.08.2006 passed by the SDJM, Bargarh in ICC Case No. 57 of 2004 and pray to quash the same on the ground of lack of territorial jurisdiction.2. Petitioner No. 1 is the husband of Damaayanti, the sister of opposite party No. 2. On a complaint filed by opposite party No. 2, the Learned SDJM took cognizance of the offence under Sections 498A/406 IPC read with Section 4 of the Dowry Prohibition Act against the Petitioners and issued processes against them. Challenging the said order, the Petitioner approached this Court in Criminal Misc. Case No. 760 of 2006, wherein territorial jurisdiction of the SDJM, Bargarh to entertain the complaint was questioned. The said misc. case was disposed of on 13.04.2006 granting liberty to the Petitioners to raise the point of jurisdiction before the Trial Court, which would look into the same and pass necessary orders in accordance with l...
Tag this Judgment!Golam Mahammad and anr. Vs. Sk. Fakir and ors.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 105(2008)CLT237
Pradip Mohanty, J.1. This revision is directed against the Order Dated 23.10.1998 passed by the District Judge, Cuttack, in Title Appeal No. 124 of 1996 remanding the matter back to the Trial Court under Order 41, Rule 25 of the Code of Civil Procedure.2. The case of the Petitioners is that they, as Plaintiffs, filed Title Suit No. 456 of 1987 before the 1st Additional Civil Judge (Senior Division), Cuttack for declaration of right, title, interest, and possession over the suit property, or in the alternative, for recovery of possession thereof. They also made a prayer for permanent injunction restraining the Defendant-Opposite Parties from interfering with their peaceful possession over the suit property. The suit was decreed in their favour. Thereafter, the unsuccessful Defendants preferred Title Appeal No. 124 of 1996 before the District Judge, Cuttack. The Appellate Court, after hearing the parties, remanded the matter to the Trial Court under Order 41, Rule 25 C.P.C., which, accor...
Tag this Judgment!Godabari Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-21-2007
Reported in: 105(2008)CLT252
Pradip Mohanty, J.1. This revision is directed against the Order Dated 04.06.2007 passed by the Special Judge (Vigilance), Berhampur in G.R. Case No. 2 of 1995 (V) rejecting an application filed by the Petitioner under Section 239 Cr.P.C.2. The Petitioner has been implicated for commission of offence under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act. Case of the Petitioner is that initially he entered into the service of Orissa Road Transport Company (a private company) as a Lower Division Clerk on 02.12.1964. In June, 1979, he was promoted as a Junior Accountant. On 13.08.1990, the said company was taken over by the Orissa State Road Transport Corporation. Thereafter, the Petitioner was promoted to the post of Public Relation Officer. According to the Petitioner, one J. Rama Chandra Rao, Inspector of Police (Vigilance), who had personal enmity with him, raided his house and office after obtaining search warrant from the Court and ultimately submitted c...
Tag this Judgment!Ramesh Chandra Jena and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-21-2007
Reported in: 2008(I)OLR193
R.N. Biswal, J.1. Heard.2. The petitioners challenge the order dated 8.3.2003 passed by the J.M.F.C., Aska in G.R. Case No. 390 of 2002 taking cognizance of the offence punishable under Sections 493/417 of I.P.C. against petitioner No. 1 and under Section 417/109 of I.P.C. against petitioner Nos. 2 and 3.3. Learned Counsel for the petitioners submits that even if the allegation depicted in the complaint petition which was treated as F.I.R., is believed to be true in its entirety, still then the offence under Section 493 of I.P.C. cannot be made out against petitioner No. 1. However, he fairly submits that there is material to proceed with under Section 417 of I.P.C. against him. Learned Counsel for the petitioners further submits that the offence under Sections 417/109 of I.P.C. cannot be attracted against petitioner Nos. 2 and 3, even if the entire allegation made against them is accepted in its face value. Learned Addl. Government Advocate supports the impugned order.4. On perusal of...
Tag this Judgment!Maina Tandia Vs. Election Officer-cum-b.D.O. and ors.
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT407; 2008(I)OLR364
I.M. Quddusi, J.1. The petitioner had filed Election Petition registered as M.J.C. No. 9 of 2002 before the Civil Judge (Junior Division), Kantamal in the district of Boudh under Sections 30 and 31 of the Orissa Gram Panchayat Act read with the latest amendment to cancel the nomination paper of opposite party No. 2 for the post of Sarpanch of Khatkatia Gram Panchayat and to declare the acceptance of nomination paper of opposite party No. 2 by opposite party No. 1 as illegal, improper, invalid and void and to give a direction to hold fresh election for the post of Sarpanch, Khatkatia Gram Panchayat which was allowed and acceptance of nomination paper of opposite party No. 2 Alladin Mahalik and declaring her as the returned candidate for the office of Sarpanch of the said Gram Panchayat was declared as illegal and she was declared disqualified to be elected as Sarpanch vide judgment and order dated 22.1.2005 against which opposite party no. 2 Smt. Alladin Mahalik had filed an election ap...
Tag this Judgment!Smt. Seema Kuanr Vs. Smt. Pratibha Badi
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT425
I.M. Quddusi, J.1. This Writ Petition has been filed against the impugned Order Dated 19.1.2004 passed by the Additional District Judge, Sonepur in R.F.A. No. 32 of 2003 setting aside the impugned Order Dated 8.5.2003 passed by the Learned Civil Judge (Junior Division), Sonepur in M.J.C. No. 6 of 2002 and allowing the appeal declaring that the Petitioner had three children at the time when she contested the election of Sarpanch of Ranisarda Grama Panchayat which was held on 23.2.2002 and thereafter was elected as Sarpanch of that Grama Panchayat.2. The Opposite Party Smt. Pratibha Badi filed an election petition registered as M.J.C. No. 6 of 2002 under Section 30 of Orissa Grama Panchayat Act against the Petitioner with a prayer that the election of the Petitioner to the office of Sarpanch of Ranisarda Grama Panchayat be declared as void and she (Opp. Party) be declared to have been duly elected to the office of Sarpanch. The Learned Civil Judge (Junior Division) dismissed the said ele...
Tag this Judgment!Chittaranjan Mohanandia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT464; [2008(117)FLR348]; 2008(I)OLR387
I.M. Quddusi, J.1. This writ petition has been filed against the impugned order dated 12.12.2005 passed by the Orissa Administrative Tribunal in Original Application No. 1166 of 2005 observing that in the limited scope of adjudication, it would meet the ends of justice if the respondents are directed to consider the candidature of the applicant within the ambit of rules and procedures as well as preference decided by the Government and if the applicant is found suitable for appointment by merit to a post available after allowing preference to local candidates, then there would be no bar to his appointment.2. The brief facts of the case are that the Chief District Medical Officer, Kanchanalak at Phulbani issued an advertisement on 17.7.2005 inviting applications in the prescribed format from the eligible candidates for appointment to various posts including the post of attendant/sweeper on consolidated salary. One of the conditions was that the candidates belonging to Kandhamal district...
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