Orissa Court November 2008 Judgments
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Delkon India Pvt. Ltd. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Nov-19-2008
Reported in: (2009)21VST426(Orissa)
B.N. Mahapatra, J.1 This writ petition has been filed with a prayer to issue a writ in the nature-of mandamus directing opposite party No. 1, the Sales Tax Officer, Rourkela II Circle, Panposh, Rourkela, to refund a sum of Rs. 98,262 along with interest at 24 per cent per annum from the date of application dated October 1, 2002 (annexure 5) till the date of refund and to quash the order dated September 13, 2007 passed by opposite party No. 1 under annexure 1 rejecting the petitioner's application dated October 1, 2002 for refund of Rs. 91,512 for the year 1996-97 on the ground that the said order has been passed arbitrarily and in contravention of the provisions contained in Section 14 of the Orissa Sales Tax Act, 1947 (hereinafter referred to as, 'the OST Act').2. The facts giving rise to the present writ petition are that the petitioner is a private limited company incorporated under the Companies Act, 1956 having its registered office at 240, 2nd Floor, 254-A Park Street, Kolkata 16...
Rama Chandra Sahu Vs. Subhas Kumar Sinha and ors.
Court: Orissa
Decided on: Nov-19-2008
Reported in: 107(2009)CLT210
A.S. Naidu, J.1. The Plaintiff in T.S No. 285/119-92/88 of the Court of the Learned Addl. Civil Judge (Senior Division), Puri has filed the Second Appeal assailing confirming Judgment and decree of the Appellate Court.2. The suit was filed seeking a decree of specific performance of contract in terms of an agreement for sale of the suit property, vide Ext.1/c, executed by late Nandalal Sinha. The plaint averments reveal that said Nandalal on receipt of a sum of Rs. 5,000/- as advance had executed the agreement on 26.6.1986 and allowed the Plaintiff-Appellant to possess the land in question. It was further agreed that Nandalal would execute the sale deed within three years on receipt of the balance consideration of Rs. 40,000/-. It was averred that as Nandalal before execution of sale deed and thereafter his widow Gita Sinha having adopted dilly-dally tactics, the Plaintiff was constrained to file the suit. It was further alleged that after filing of the suit said Gita had executed a sa...
Nabakishore Mohapatra Vs. Cuttack Development Authority and ors.
Court: Orissa
Decided on: Nov-18-2008
Reported in: 107(2009)CLT207
B.P. Das, J.1. The Petitioner has filed this writ application challenging the order of his removal from service passed by the Vice-Chairman, Cuttack Development Authority (CDA) on 25.3.2001; in purported exercise of power conferred under Rule-6 of the Orissa Development Authorities Rules, 1983 (ODA Rules), vide Annexure- 7.2. According to Mr. Mishra, Learned Counsel for the Petitioner, the impugned order of removal from service was passed on the allegation that the Petitioner was indulged in preparation of forged documents like approval of building plan and permission letter in favour of one B.K. Panda of Nayabazar. After the order of removal was passed, a criminal case was registered against the Petitioner and ultimately, he was acquitted of the charges in the criminal proceeding. Mr. Mishra submits that in view of acquittal of the Petitioner in the criminal proceeding, the order of removal from service passed on the selfsame charges should be set aside. Apart from the aforesaid groun...
Utkal Christian Council Vs. State of Orissa
Court: Orissa
Decided on: Nov-17-2008
Reported in: 2009(1)OLR133
B.S. Chauhan, C.J.1. This writ petition has been filed for declaration of the appointment of Justice S.C. Mohapatra, former Lokpal, as Commission of Enquiry of killing of Swami Laxmanananda Saraswati on 23.8.2008 and aftermaths vide Notification No. 1705 dated 3.9.2008 published in the Official Gazette of the State of Orissa bearing No. 1705 dated 17.9.2008 as illegal.2. The facts and circumstances giving rise to the case, as taken herein, are that one Swami Laxmanananda Saraswati and four others were assassinated on 23.8.2008 and subsequent thereto, a fundamental section of the Society resorted to road blockade from 23.8.2008 and onwards. There had been disturbance in a part of Phulbani town and Kandhamal area, and destruction of the public and private properties and damages to the vehicles etc. Several instances of outraging the modesty of women were reported and some persons had been subject to inhuman torture. The State Authorities could not control the situation. The present petit...
Subash SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Nov-17-2008
Reported in: 2009(1)OLR151
1. When this case is taken up, an associate of Mr. Bijan Ray, learned Senior Advocate appears and states that in view of appearance of Mr. D. Das and associates as learned Counsel for the appellant, they have no objection to delete their names and to hear fresh set of counsel engaged by the appellant.2. This case is taken up for consideration of the bail application. In course of placing the judgment and the evidence on record in furtherance of the prayer for bail, learned Counsel for the appellant also requests to hear and dispose of the Criminal Appeal at this stage in view of no evidence available against the accused to sustain the order of conviction. Mr. Nanda, learned Addl. Government Advocate does not concede to the contention of the appellant about absence of evidence but at the same time he has no objection if the appeal is heard and disposed of at this stage. Thus, on consent of both the parties, the Criminal Appeal is heard and disposed of in the following manner:3. Accused ...
Kokila Kumari Moharana and Four ors. Vs. Gopala Panda
Court: Orissa
Decided on: Nov-14-2008
Reported in: 2009(I)OLR206
ORDERSanju Panda, J.1. Challenge has been made in this writ petition to the order dated 17.10.2006 passed by the learned Addl. Civil Judge (Junior Division), Ranpur in Title Suit No. 14 of 2002 allowing the petition filed by the defendant under Order 7, Rule 11 of the Civil Procedure Code for rejection of plaint and rejecting the petition filed by the plaintiffs under Order 6 Rule 17 of the Civil Procedure Code for amendment of the plaint2. The brief facts of the case are as follows:The petitioners are the legal heirs of original plaintiff late Banambar Maharana who filed Title Suit No. 14 of 2002 in the Court of learned Addl. Civil Judge (Junior Division), Ranpur for permanent injunction along with an application for interim injunction. The valuation of the suit was Rs. 1000/-. The trial Court after examining the plaint filed by the plaintiffs admitted the case and issued notice to the defendant. After his appearance, the order of status QUO was passed on 10.7.2003 on contest which wa...
Smt. Sarbati Devi Goinka Vs. Durga Prasad Agarwal
Court: Orissa
Decided on: Nov-14-2008
Reported in: 2009(1)OLR48
Sanju Panda, J.1. Invoking jurisdiction under Article 227 of the Constitution of India, in this writ petition the petitioner has challenged the order dated 21.1.2008 passed by the learned Civil Judge (Senior Division), Bhawanipatna in Civil Suit No. 81 of 2005 rejecting the petition filed by the defendant to accept the written statement which was filed beyond the period of 90 days.2. As per the pleadings of the plaint, the plaintiff's case is that the present opposite party as plaintiff filed Civil Suit No. 81 of 2005 in the Court of learned Civil Judge (Senior Division), Bhawanipatna for partition. The relationship between the defendant-petitioner and the plaintiff-opposite party is sister and brother. According to the plaintiff, both of them jointly purchased the suit land from out of their separate funds and they are the joint owners of the suit land. They jointly made construction over an area of Ac.0.26 decs. for their residence. On 1.3.2005, the plaintiff personally and through h...
Sk. Siraj and ors. Vs. Nilamani Mohapatra and ors.
Court: Orissa
Decided on: Nov-12-2008
Reported in: 2009(I)OLR407
Sanju Panda, J.1. Invoking inherent jurisdiction under Articles 227 of the Constitution of India, the petitioners have filed this writ petition challenging the order dated 18.9.2008 passed by the learned Civil Judge (Senior Division), Bhadrak in O.S. No. 336 of 1997.2. Opposite parties 1 and 2 as plaintiffs filed Original Suit No.336 of 1997 in the Court of learned Civil Judge (Senior Division), Bhadrak for partition. After the suit was filed, the order of status quo was passed on 30.4.1998 at the initial stage of the suit. In the said application, the specific prayer made by the plaintiffs was that defendants 7, 16 to 18 and 26 be injuncted from cutting the trees standing on the suit land, digging the earth, constructing new house by preparing bricks and from putting fence over the suit land. The said order of status quo is still continuing.While the matter stood thus, defendants 16,17 and 18 purchased the aforesaid suit land by the virtue of the registered sale deed dated 3.9.1986. T...
Rajkishore Patra @ Subudhi Vs. State of Orissa
Court: Orissa
Decided on: Nov-12-2008
Reported in: 2008(II)OLR419
Pradip Mohanty, J.1. This appeal arises out of the judgment and order dated 25.05.1988 passed by the Special Judge, Koraput, Jeypore in T.R. Case No. 44 of 1986 convicting the appellant under Section 7 (i) (a) of the Essential Commodities Act, 1955 and sentencing him to undergo rigorous imprisonment for three months and to pay fine of Rs. 1,000/- (one thousand) in default to undergo rigorous imprisonment for a period of twenty days more.2. The case of the prosecution is that the accused had a grocery shop at Mathelput under Damanjodi P.S. On 15.09.1983, the then Inspector of Supplies with the S.D.O., Koraput and Tahasildar, Pottangi visited that grocery shop at about 4 P.M. the accused-appellant was then present and he was dealing with the customers. On verification, in the shop premises a stock of 14 quintals of rice in 14 gunny bags, 4 quintals of sugar in 4 gunny bags, 5 tins of Niger Oil each containing 16 K.Gs. net and 4 tins of Tusar brand Dalda (Vanaspati) each containing 16 K.G...
Gajendranath Ojha Vs. State of Orissa
Court: Orissa
Decided on: Nov-11-2008
Reported in: 2009(I)OLR202
B.K. Patel, J.1. In Criminal Misc. Case No. 727 of 2007 prayer has been made to quash the criminal proceeding initiated against the petitioner in Q.R. Case No. 436 of 1998 pending in the Court of learned S.D.J.M.(S), Cuttack corresponding to Mangalabag P.S. Case No. 55 of 1998 in which the petitioner figures as the sole accused. In Criminal Misc. Case No. 1539 of 2007 prayer has been made to quash the criminal proceeding initiate against the petitioner in G.R. Case No. 63 of 2001 pending in the Court of learned S.D.J.M.(S), Cuttack corresponding to Mangalabag P.S. Case No. 09 of 2001 in which charge sheet has been submitted against the petitioner and two other co-accused persons. As both the applications under Section 482 Cr.P.C. have been filed by the same petitioner and allegations made in both the cases are interrelated) both the applications are disposed of by this common order.2. During the period of occurrence in both the cases the petitioner was working as the Senior Accountant ...
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