Orissa Court April 2007 Judgments
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Prabodh Mohanty Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Apr-11-2007
Reported in: AIR2007Ori135; 104(2007)CLT163; 2007(I)OLR686
ORDER1. Heard learned Counsel for the parties.2. This writ application has been filed with a prayer to direct the Deputy Director of Mines, Koira (opposite party No. 3) and Divisional Forest Officer, Bonai Division, Bonai (opposite party No. 4) to issue the lifting permission in favour of the petitioner for removal of the balance stock of Iron and Bauxite Ores of different grades and sizes from the lease hold area of KJST (Jaldihi) Iron, Manganese and Bauxite Mines as per the joint verification report which is under Annexure-7.3. This writ petition has been heard at length and at the admission stage the same is disposed of finally.4. The petitioner's mining lease was granted on 20.01.1987 for a period of 20 years and the same is to expire on 19.01.2007. There is no dispute about these dates.5. Twelve months prior to such expiry, the petitioner made an application for renewal on 6.12.2005. This was done in terms of Rule 24A(1) of Mineral Concession Rules, 1960. Since the opposite partie...
PenguIn Trading and Agencies Ltd. Vs. State of Orissa Represented Thro ...
Court: Orissa
Decided on: Apr-11-2007
Reported in: AIR2007Ori104; 104(2007)CLT8
ORDER1. Heard Learned Counsel for the parties.2. This writ application has been filed with a prayer to direct the Deputy Direct or of Mines, Koira (Opposite Party No. 3) and Divisional Forest Officer, Bonai Division, Bonai (Opposite Party No. 4) to issue the lifting permission in favour of the Petitioner for removal of the balance stock of iron Ores of different grades and sizes from the leasehold area of Raikela & Tantra Iron Mines as per the joint verification report which is under Annexure-7.3. This Writ Petition has been heard at length and at the admission stage the same is disposed of finally.4. The Petitioner's mining lease was granted on 3.12.1986 for a period of 20 years and the same is to expire on 2.12.2006. There is no dispute about these dates.5. Twelve months prior to such expiry, the Petitioner made an application for renewal on 22-2-2005. This was done in terms of Rule 24A(1) of Mineral Concession Rules, 1960. Since the Opposite Parties could not dispose of the Petition...
Bijaya Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Apr-11-2007
Reported in: 104(2007)CLT135; 2007CriLJ4451; 2007(1)OLR772
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 04.10.1986 passed by the learned Sessions Judge, Kalahandi, Bhawanipatna convicting the appellant under Section 304 Part II, IPC and sentencing him to undergo rigorous imprisonment for seven years in S.C. No. 11 of 1986.2. Prosecution case in brief is that on 25.10.1985 at about 10.00 A.M. in the morning, the appellant and co-accused Suratha Kumar Sahu (since acquitted), rebuked one Govinda Chandra Sahu due to some dispute relating to construction of a house. But said Govinda Chandra Sahu did not report the matter to the police as the accused persons belonged to his family. On the same day at about 8 P.M., Falguni Sahu, younger brother of Govinda Chandra Sahu, returned from his father-in-law's house and went to ascertain the cause of the quarrel that took place in the morning. The informant also followed him. At that time, both the appellant and co-accused were sitting with some goonda type people. All of...
Ganpat Lal Pawan Kumar and Two ors. Vs. the State of Orissa and anr.
Court: Orissa
Decided on: Apr-11-2007
Reported in: 103(2007)CLT761
M.M. Das, J.1. On 18.2.2005, a notice inviting bids for sale of two Spinning Mills was published by the Government of Orissa in its Department of Public Enterprises. The two Spinning Mills which were proposed to be sold were the Orissa Weavers Co-operative Spinning Mills Ltd. (ORICOSPIN) located at Tora, Bargarh with 30,800 spindles and the Kalinga Weavers Co-operative Spinning Mills Ltd. (KALICOSPIN) located at Govindpur, Dhenkanal with 25,000 spindles. It was stipulated in the said notice that the Government of Orissa reserves the right to withdraw from the process or any part thereof, to accept or reject any or all offers at any stage of the process and/or modify the process or any part thereof or to vary any terms at any time without assigning any reason whatsoever and that no financial obligation whatsoever shall accrue to the Government of Orissa in such event. The above mills were decided to be sold by the Government of Orissa in course of implementation of its policy on selecti...
Nakula Dalai and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-11-2007
Reported in: 104(2007)CLT477
M.M. Das, J.1. This Writ Petition has been filed in the nature of Public Interest Litigation challenging the action of the Government in transferring/allotting a piece of Government land situated in Cuttack City in favour of the S.C.B. Medical Public School- Opp. Party No. 5.2. The Petitioners have filed this Writ Petition claiming themselves to be fishermen by profession and members of different Fishery Co-operative Societies and also as members of the public. The question with regard to the locus standi of the Petitioners to maintain the present Writ Petition as a Public Interest Litigation would be dealt with at a later stage of this Judgment.3. As per the averments made in the Writ Petition, the land proposed to be transferred to the Opp. Party No. 5 constitutes an area of Ac. 5.715 decimals covering several plots under khata No. 136 in mouza - Cuttack Town, Unit No. 20, Mangalabag. The Record of Rights of the said land which has been annexed as Annexure-2 to the Writ Petition. Fro...
Muralidhar Satpathy Vs. State of Orissa
Court: Orissa
Decided on: Apr-10-2007
Reported in: 2007CriLJ2683; 2007(I)OLR611
I. Mahanty, J.1. The appellant Muralidhar Satpathy, has filed the present writ appeal against an order dated 23.11.2006 passed by a learned Single Judge of this Court in Writ Petition (Criminal) No. 371 of 2006 206 (Supp.II) OLR 147, partly allowing the same by quashing cognizance under Section 138 N.I. Act, but declining to quash a criminal proceeding against the appellant under Section 420/34 I.P.C., which is now pending in the Court of the learned S.D.J.M., Bhubaneswar (arising out of G.R. Case No. 3507 of 2004).2. The Writ Petition (Crl.) No. 371 of 2006 was disposed of by the learned Single Judge of this Court vide Order dated 23,11.2006, inter alia, with the following observations:In the instant case, as transpires from the F.I.R. and the Case Diary, in fact, there is no Real Estate Business of the petitioner and accused Pradeep Satpathy or either of them. Accordingly, the decision cited above cannot be attracted to the present case.In the result, the proceeding initiated against...
Tata Sponge Iron Ltd. Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Apr-10-2007
Reported in: [2007]292ITR175(Orissa)
I. Mahanty, J.1. M/s. Tata Sponge Iron Limited, the appellant, is a public limited company carrying on the business of manufacture and sale of sponge iron and incorporated under the Companies Act, 1956. The appellant has preferred this appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') seeking to challenge the order dated October 13, 2003, passed by the Income-tax Appellate Tribunal in I.T.A. No. 83/CTK/2000 pertaining to the assessment year 1996-97.2. This court vide the order dated May 3, 2006, was pleased to admit the appeal on the following two questions of law:(I) Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal is right in holding that the expenses incurred towards repairs, depreciation and salary paid to staff looking after the transit house indirectly is not allowable as deduction while computing the income from business solely because of the provision in Section 37(4A) of the Income-...
Tata Sponge Iron Limited Vs. Commissioner of Income Tax
Court: Orissa
Decided on: Apr-10-2007
Reported in: 104(2007)CLT89
I. Mahanty, J.1. M/s. Tata Sponge Iron Limited, the Appellant, is a Public Limited Company carrying on the business of manufacture and sale of sponge iron and incorporated under the Companies Act, 1956. The Appellant has preferred this appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') seeking to challenge the Order dated 13.10.2003 passed by the Income Tax Appellate Tribunal in ITA No. 83/CTK/2000 pertaining to the Assessment year 1996-97.2. This Court vide the Order dated 3.5.2006 was pleased to admit the appeal on the following two questions of law:1) Whether on the facts and in the circumstance of the case, the Learned Income Tax Appellate Tribunal is right in holding that the expenses incurred towards repairs, depreciation and salary paid to staff looking after the transit house indirectly is not allowable as deduction while computing the income from business solely because of the provision in Section 37(4A) of the Income Tax Act, 1961.II)...
State of Orissa Vs. Attar Khan
Court: Orissa
Decided on: Apr-09-2007
Reported in: 104(2007)CLT111; 2007CriLJ3832; II(2007)DMC781; 2007(1)OLR735
Sanju Panda, J.1. This is an Appeal against an order of acquittal from the charges Under Sections 498A/304B of the Indian Penal Code in Sessions Trial No. 25/51 of 1990 passed by the learnedAsst. Sessions Judge, Mayurbhanj, Baripada.2. The case of the prosecution proceeds as follows:Madina Bibi, the daughter of Sk. Abdul Sakur (P.W. 3, the informant) was given in marriage to the respondent in the year 1984. It was alleged that after their marriage, the respondent demanded money from the in-laws'. Sometimes deceased father had fulfilled the alleged demand. In the year 1988 the respondent again demanded Rs. 3000/-to start umbrella business. Since the said demand could not be fulfilled he started ill-treatment to his wife Madina and on one occasion she had left the house of her husband and stayed with her parents. After some days, the father of Madina left his daughter in her in-laws' house. While she was staying there, the brother and father of Madina had received an information that Mad...
The Land Acquisition Zone Officer Vs. Banambar Majhi and anr.
Court: Orissa
Decided on: Apr-05-2007
Reported in: 2007(I)OLR691
ORDERA.K. Parichha, J.1. It is submitted by the learned Counsel for the appellant that filing of A.L. is not necessary. Therefore, filing of A.L. is waived.2. It is further submitted by learned Counsel for both parties that the appeal is otherwise ready for hearing and the same may be taken up for final disposal. Accordingly, the appeal is taken up for final disposal.3. Heard.4. This is an appeal by the State against the award passed by the learned Civil Judge (Sr. Division), Angul in LA. Misc. Case No. 62 of 1997 answering a reference Under Section 18 of the L.A. Act.5. Ac.1.06 decimals of Sarada-I and Taila-II categories of lands appertaining to Khata No. 25 in Thelkonali belonging to claimant-respondents with some standing frees were acquired by the appellant for the purpose of Talcher-Sambalpur Rail Link Project. After due enquiry, Land Acquisition Officer fixed the market value of Sarad-I land at Rs. 12,500/-, Sarad-II land at Rs. 11,000/- and Taila-I land at Rs. 8,000/- per acre ...
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