Orissa Court January 2008 Judgments
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United Traders and anr. Vs. State Bank of India and anr.
Court: Orissa
Decided on: Jan-16-2008
Reported in: 2008(1)OLR371
ORDER1. Heard Mr. G.B. Dash, learned counsel for the Bank arid the learned counsel for the petitioner.This application has been filed by the petitioner challenging the action of the Bank in taking steps by issuing notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called 'Act').2. It appears that notice under Section 13(2) of Act has been given to the petitioner on 29.11.2007 giving time for a period of sixty days to give reply to the said notice. No reply appears to have been given by the petitioner to the said notice though the petitioner has yet made some correspondence in the matter.3. In that view of the matter, this Court gives fifteen days time to the petitioner to make a detailed reply to the notice under Section 13(2) of the Act alongwith an OTS propoaal also. If also reply is filed by the petitioner, along with an OTS proposal, the Bank will consider the same and pass appropriate ...
Nitei Ranjan SwaIn and ors. Vs. Krushna SwaIn (After His Death) Suni D ...
Court: Orissa
Decided on: Jan-16-2008
Reported in: 105(2008)CLT734
A.K. Parichha, J.1. This appeal is directed against the Judgment and decree passed by Learned 2nd Additional District Judge, Cuttack in Title Appeal No. 2 of 1984 confirming the Judgment and decree passed by Learned Additional Sub-Judge, Cuttack in Title Suit No. 145 of 1981.2. One Krushna Chandra Swain, the predecessor-in-interest of the present Respondent filed the above said title suit for declaration of his right, title, interest and possession over the suit land described in Schedule 'C of the plaint and to permanently restrain the Defendant Rai Charan Swain from interfering with his possession over that land and in the alternative to allow transfer of the suit property in favour of the Plaintiff as per the provision of Section 4 of the Partition Act.3. The Plaintiff's case in essence was that the suit schedule 'B' property originally belonged to Madhu and Madha. In 1945 Madhu died issueless and property devolved on Plaintiff-Krushna, who was the only son of Madha, but schedule 'C...
Kalyan Raj Pandit @ Kalyan Pandit Vs. State of Orissa
Court: Orissa
Decided on: Jan-15-2008
Reported in: 2008(1)OLR428
ORDERPradip Mohanty, J.1. Heard Mr. Ragada, learned counsel for the petitioner, and Mr. Behera, learned Addl. Govt. Advocate.This is an application under Section 397 read with Section 401 Cr.P.C. with a prayer to set aside the order dated 01.06.2007 passed by the learned S.D.J.M.(S), Cuttack in G.R. Case No. 22 of 2007 taking cognizance against the petitioner under Section 381 IPC and issuing NBW against him.2. Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail by this Court in BLAPL No. 512 of 2007 by order dated 13.02.2007. In the said order, it was directed that the bail so granted shall remain operative till submission of final form. Charge-sheet was filed on 01.06.2007 under Section 381 IPC and the learned S.D.J.M. while taking cognizance under the above section issued NBW against the petitioner, which is hit under Section 438(3) Cr.P.C.3. Perused the certified copy of the order dated 13.02.2007 passed in BLAPL No. 512 of 2007 and the prov...
Arta Bhujabal and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-15-2008
Reported in: 2008(I)OLR581
L. Mohapatra, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 20.11.1996 passed by the learned 1st Addl. Sessions Judge, Puri in S.T. Case No. 79/39C of 1993 convicting the appellants for commission of offence under Section 302/34 of the Indian Penal Code read with Sections 120B of the said Code. All the appellants have been sentenced to imprisonment for life for their conviction under Section 302/34 of the I.P.C. but no separate sentence has been passed for conviction under Section 120B of the I.P.C.2. Case of the prosecution is that in the evening of 22.1.1990 while the deceased Raghabananda Amaranth was reading newspaper in the Library of Milaca Sava Pakistan the appellants along with the absconding accused persons namely Bidyadhar Raisingh, Bhagaban Barisal and Pitabasa Jena (dead) entered into the campus of the library. Out of the accused persons, it is alleged that appellant No. 2 Rabi Jena, appellant No. 1 Arta Bhujabal and the abscon...
Bharat Petroleum Corpn. Ltd. Vs. Hemanta Kumar Sahu
Court: Orissa
Decided on: Jan-15-2008
Reported in: 105(2008)CLT688
A.K. Parichha, J.1. Defendant, Bharat Petroleum Corporation Ltd. is in appeal against the Judgment and decree passed by the Learned Ad hoc Additional District Judge, Fast Track Court No. 1, Cuttack in Title Appeal No. 29 of 2000 confirming the Judgment and decree of the Learned Civil Judge (Senior Division), First Court, Cuttack in Title Suit No. 6 of 1997.2. The Appellant is a Government company and successor in interest of erstwhile Burmah Shell Company, which was taken over by the Central Government by virtue of Burmah Shell (Acquisition of Undertakings on India) Act, 1976 (hereinafter to be referred to as 'the Act', in short) and by the notification of the Government of India, the right, title, interest and liabilities of Burmah Shell Company was transferred in favour of the Appellant-company. The Respondent's father had leased out a piece of land in favour of Burmah Shell Company with effect from 1.1.1967 for a period of 10 years with the option of two renewals at an interval of 1...
Bikash Kumar Routray Vs. Commissioner, State Transport Authority and o ...
Court: Orissa
Decided on: Jan-14-2008
Reported in: 2008(I)OLR578
ORDERA.S. Naidu, J.1. Heard Mr. Ghadei, learned Counsel for the petitioner Mr. Panda, learned Standing Counsel for the Transport Department.2. Vehicle (Truck) of the petitioner bearing registration No. OR-05-Z-3365 was checked on the way on 15.9.2007 and some irregularities were noticed as per the Vehicle Checking Report, Annexure-1. As a consequence, the documents of the vehicle were seized. The petitioner has approached this Court by filing the present Writ Petition for release of the seized documents.3. Considering the facts and circumstances, this Court disposes of this Writ Petition with the direction that the concerned authority will determine the amount payable in respect of the vehicle in question for the offences as mentioned in the V.C.R.4. If the petitioner pays 50% of such determined amount, besides arrear road tax, if any, the documents said to have been seized will be released by substituting the same with Xerox copies/attested true copies and the case instituted on the b...
Smt. Mamata Baral Vs. State of Orissa Represented by Its Secretary, Ho ...
Court: Orissa
Decided on: Jan-11-2008
Reported in: 105(2008)CLT598
P.K. Tripathy, J.1. Petitioner, a Craft Teacher working under the Municipal High School, Jobra in the district of Cuttack, filed this Writ Petition with the following prayer:The Petitioner, therefore, prays that this Hon'ble Court may be graciously pleased to allow this writ application, call for necessary documents, may issue writ in the nature of mandamus in quashing specification 2(b) of the Orissa Revised Scales of Pay (Amendment) Rules, 1990 or as reflected in Annexure-7 as in resolution dated 27.7.1990;And this Hon'ble Court may be pleased to quash the Order Dated 12.4.1996 as in Annexure-9 and may be pleased to direct the Opposite Parties to fix the scale of the Petitioner at Rs.1080-1800 w.e.f. 1.5.1989;And may also direct the Opposite Parties to give differential amount by fixing the aforesaid scale of pay with effect from 1.5.1989 and by deducting the amount which has already been drawn by the Petitioner;And may pass any other order/orders as would be deemed just and proper i...
Dhanu Besra Vs. Pitabas Panda and Four ors.
Court: Orissa
Decided on: Jan-11-2008
Reported in: 2008CriLJ2286
P.K. Tripathy, J.1. Heard argument from the parties, hearing is concluded and the judgment is as follows.2. This criminal appeal is against the order of acquittal passed by learned Asstt. Sessions Judge, Rairangpur in S.T. Case No. 17/45 of 1989-88. After grant of leave under Section 37(4), Cr.P.C., this criminal appeal has been registered.3. Accused persons are admittedly the staff of Excise Department. Complainant P.W. 2 Dhanu Besra is a resident of village Jarkani under Baholda P.S. in the district of Mayurbhanj. He was arrested in connection with the complaint (Police Report) lodged by the accused persons for committing overt act and attempting to murder. The Excise Staff when were preparing to conduct a raid in the house of the complainant, P.W. 2 along with his younger brother were arrested in connection with that case on 23-1-1988, and after returning from Jail being released on bail, P.W. 2 filed the complaint alleging commission of offences under Sections 307/332/289/324/294/3...
Fakir Sa Vs. State
Court: Orissa
Decided on: Jan-11-2008
Reported in: 2008CriLJ2715
ORDERP.K. Tripathy, J.1. Heard argument from the parties, hearing is concluded and the judgment is as follows.2. Order of conviction against the appellant by learned Sessions Judge, Balangir in Sessions Case No. 7 of 1990 is under challenge. Appellant was charged for the offence under Section 307, IPC on the allegation that he caused hurt on P.W. 7 Bilas Meher and her husband P.W. 2 Budhadeb Meher. For causing such hurt appellant allegedly used a sword. M.O.-I. P.W. 1, the adoptive father of P.W. 2 besides others were the eye-witnesses to the occurrence. P.W. 8 granted Injury Certificates, marked Exts. 4/2 and 5/2. Accused took different defence plea, viz. (i) plea of complete denial and false accusation: (ii) having possessed an imbalance mind, tendency of mental ill health and therefore he was unable to know the act committed by him. In furtherance of his defence, appellant examined two witnesses, i.e. D.Ws. 1 and 2, and both of them stated in their evidence that by the date of occur...
Utkal Galvanizers P. Ltd. Vs. Assistant Commissioner of Income-tax and ...
Court: Orissa
Decided on: Jan-10-2008
Reported in: (2008)218CTR(Ori)374; [2008]298ITR53(Orissa); 2008(I)OLR751
I. Mahanty, J.1. The petitioner in this writ application seeks to challenge an order dated March 14,1995, passed under Section 154 of the Income-tax Act, 1961, by the Assistant Commissioner of Income-tax, Cuttack Circle for the assessment year 1991-92, inter alia, exercising his power under Section 154(1A) purportedly seeking to revise the depreciation earlier allowed to the assessee and seeking to levy interest under Section 234B (allegedly on the ground of having omitted to make such levy at the time of passing the order under Section 143(3)) and therefore, seeking to rectify the aforesaid mistake by passing the impugned rectification order under Section 154 and raising an additional demand of Rs. 9,89,700. The assessee being aggrieved by such order, filed a revision under Section 264 of the Act before the Commissioner of Income-tax, Orissa, and the revision having been rejected vide order dated February 28, 1996, the present writ application has been filed challenging the said order...
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