Orissa Court November 2008 Judgments
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Asish Kumar SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-11-2008
Reported in: 2008(II)OLR996
ORDERM.M. Das, J.1. Heard learned Counsel for the petitioner and the learned Counsel for the School and Mass Education Department.2. The petitioner appeared in the Upper Primary Certificate Examination, 2007-08. Though the petitioner expected more marks in the Science paper, Drawing and Geography paper, but was awarded marks lesser than his expectation. He made an application for supply of xerox copies of the answer scripts as well as for rechecking. The District Examination Committee initimated the petitioner with regard to the result of rechecking of his answer scripts in Drawing and Geography, where some marks were increased. But in case of Science paper, the petitioner was intimated that there is no change in the marks awarded. In paragraph-7 of the writ application, the petitioner has mentioned the marks, which should have been awarded to him but the same has not been awarded in the Science Paper.3. A counter affidavit was previously filed by the opposite party Nos. 2 and 3 and an...
M.G. Garments Vs. Sales Tax Officer, Investigation Unit and ors.
Court: Orissa
Decided on: Nov-11-2008
Reported in: 106(2008)CLT865; (2009)19VST372(Orissa)
B.N. Mahapatra, J.1. In this Writ Petition, the Petitioner challenges the action of Opposite Parties in levying penalty of Rs. 35,000/- under Section 73(10) of the Orissa Value Added Tax Act, 2004 (hereinafter referred to as 'OVAT Act') and Rs. 3,500/- and Rs. 7,000/- towards tax and penalty respectively under the Orissa Entry Tax Act, 1999 (hereinafter referred to as 'OET Act') on the ground that the same were levied without passing any speaking order and affording any opportunity of hearing to the Petitioner.2. The short facts giving rise to this Writ Petition are that the Petitioner is a registered dealer under OVAT Act having TIN No. 21591107414. The departmental officer visited the place of business of the Petitioner on 02.02.2008 and on inspection found excess stock of kids and ladies wears worth Rs. 1.75 lakhs which were not accounted for in the books of account, register or document maintained in the course of business of the Petitioner. The Petitioner was served with a notice ...
Arakhita Nath Vs. the State of Orissa
Court: Orissa
Decided on: Nov-11-2008
Reported in: 2009(1)OLR24
B.K. Patel, J.1. The appellant having been convicted for commission of offences under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month as well as under Section 7 of the Act and sentenced to suffer rigorous imprisonment for six months, has preferred this appeal'.2. The appellant was working as a clerk in the Regional Transport Office (R.T.O.), Sundargarh during the period of occurrence dealing with issue of driving licenses. Prosecution case is that the informant-decoy P.W.2, a resident of Rourkela, went to the R.T.O. on 13.10.1988 to obtain a driving license. The appellant demanded bribe of Rs. 150/- from him saying that unless he paid the amount he would not be issued with the license, In view of applicants' demand, P.W.2 borrowed Rs. 50/- from P.W.1 one of his friends who had come to the R.T....
Krushna Chandra Mallick Vs. Chief General Manager, State Bank of India ...
Court: Orissa
Decided on: Nov-10-2008
Reported in: AIR2009Ori99
B.S. Chauhan, C.J.1. This writ petition has been filed challenging the impugned notice dated 29-9-2008 wherein the petitioner has been shown as one of three guarantors for one principal borrower Kuntala Nayak. There is a judgment and decree of the Debts Recovery Tribunal (hereinafter called 'the Tribunal') providing for the joint and severe liability of all the three guarantors with the principal borrower. Petitioner apprehends that his property shall also be put to auction without touching the properties of other two guarantors who are family members of the borrower.2. Mr. Tuna Sahu, who generally appears for the State Bank of India though has no instruction in this case, has assisted the Court on our request.3. Mr. Tuna Sahu, learned Counsel for the bank has raised preliminary objection regarding the maintainability of the writ petition making a reference to the proviso to Order 1, Rule 9 of the Code of Civil Procedure, that the Tribunal has not been impleaded as a party, non-joinder...
Pramod Kumar Behera Vs. Kendriya Vidyalaya and ors.
Court: Orissa
Decided on: Nov-10-2008
Reported in: 2009(I)OLR719
Indrajit Mahanty, J.1. Sri Pramod Kumar Behera, the Physical Education Teacher (P.E.T.) at Kendriya Vidyalaya No. 4, Bhubaneswar has sought to challenge the order dated 28.5.2008 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 211 of 2008 dismissing his challenge to an order of transfer transferring him from Bhubaneswar to Jharsuguda.2. Sri Jatindra Mohan Mohanty, learned Sr. Advocate appearing for the petitioner submitted that the petitioner has been transferred from Dhanbad to Paradeep in the year 1998 and thereafter, he was transferred to Koraput in the year 2000. He submitted that the petitioner served at Koraput (defined as 'Hard Station' under the New Transfer Guidelines of Kendriya Vidyalaya) until 30.5.2005. Thereafter, he was transferred to Bhubaneswar.3. Learned Counsel for the opposite parties submitted that while he has been serving at Bhubaneswar, he was served with the impugned order of transfer dated 15.5.2008 under Annexure-4 transferri...
Oriental Insurance Co. Ltd. Vs. Manthani Parida and ors.
Court: Orissa
Decided on: Nov-06-2008
Reported in: 2009(I)OLR392
A.S. Naidu, J.1. M/s. Oriental Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act assailing the Award passed by the learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.490 of 1998.2. On 17.4.1998 at 7.00 p.m. while one Chandramani Parida was going on his cycle on Paradip-Daitari Express Highway, near a place known as 'Baunsadola' a scooter bearing registration number OR-05-C-0800 drive in a rash and negligent manner dashed against him. As a result of this accident he fell down sustaining grievous injuries. He was removed to nearby Dharmasala PHC where he succumbed. His widow, minor children and widowed mother filed the aforesaid Misc. Case before the Tribunal claiming compensation stating that he was working as a Supervisor in a quarry, called 'Bahua Quarry' earning Rs. 4000.00 per month.3. The owner of the offending scooter in spite of receipt of notice did not appear before the Tribunal.The appellant-Insurance Company filed a written ...
Aruna Kumar Acharya Vs. Nagendra Kumari Dwibedy and ors.
Court: Orissa
Decided on: Nov-05-2008
Reported in: 2009(1)OLR188
Sanju Panda, J.1. In this application under Article 227 of the Constitution of India, challenge has been made to the order dated 24.9.2008 passed by the learned Addl. Civil Judge, (Junior Division), Pallahara in Title Suit No. 1 of 2001. The Court below while considering the application filed under Order 11, Rule 17 of the Civil Procedure Code for discovery of documents filed in the suit to assess the valuation of the suit land and to determine the pecuniary jurisdiction of the Court, came to a conclusion that the suit has not been properly valued by the plaintiff. Accordingly, he directed the plaintiff to take back the plaint to present it before the learned Civil Judge (Senior Division) on the finding that the valuation of the entire suit land is Rs. 6 lakhs or more than Rs. 6 lakhs.2. The brief facts leading to present this writ petition are as follows:The petitioner as plaintiff filed Title Suit No. 1 of 2001 before the Addl. Civil Judge, (Junior Division), Pallahara for declaratio...
Sudip Kumar Routray Vs. State of Oriasa
Court: Orissa
Decided on: Nov-05-2008
Reported in: 107(2009)CLT463; 2009(I)OLR196
ORDER1. In this revision the petitioner assails the legality of the order dated 4.2.2008 passed by the learned Judge, Special Court, Angul in Special Case No. 8 of 2007 rejecting the application filed under Section 457 of the Code of Criminal Procedure for release of Honda Unicorn motorcycle bearing registration No. OR-19E-1367.2. It appears that the petitioner's father accused Pradeep Kumar Routray has been charge sheeted for commission of offence under Section 20(b) of the N.D.P.S. Act for having allegedly found to be .transporting 3 kg. 600 gms. of ganja in an Air bag in the above said motorcycle on 15.12.2007. The petitioner does not appear to have been implicated in any manner in commission of the alleged offence, it was submitted by the learned Counsel for the petitioner that the motorcycle, registration in respect of which stands in the name of the petitioner, having been left lying open and unattended, exposeo to the vagaries of nature, in the police station, shall be subjected...
Sebati SwaIn Vs. Baikuntha Jena and ors.
Court: Orissa
Decided on: Nov-05-2008
Reported in: AIR2009Ori41
ORDERSanju Panda, J.1. In this writ application under Article 227 of the Constitution of India, challenge has been made to the order dated 31st January, 1995 passed by the learned District Judge, Cuttack in C.R. No. 120 of 1994 confirming the order dated 16th August, 1994 passed by the learned 1st Addl. Civil Judge (Senior Division), Cuttack in Title Suit No. 155 of 1981.2. The brief facts of the case are as follows:Present opposite parties 1 and 2 are two sons of one Narana. Opposite parties 3, 4 and 5 are sons and opposite party No. 6 is the daughter of Baraju. Opposite party No. 7 is the daughter of Kusa. Narana, Baraju and Kusa are sons of Dhadi. The disputed land under the Hal Khata No. 401 containing as many as 12 plots is admittedly the ancestral property of Laxman. Plot No. 1435 covering an area of Ac.O.18 decs, stands recorded as 'Ghara'. The nature of the land under plot No. 1434 covering an area of Ac.O.03 decs, stands recorded as 'Barf and in respect of land covering an are...
Narmadaprava Sahu Vs. the Controller of Examination, Council of Higher ...
Court: Orissa
Decided on: Nov-03-2008
Reported in: 2009(1)OLR72
ORDERM.M. Das, J.1. Heard learned Counsel for the petitioners and the learned Counsel for the Council of Higher Secondary Education, Orissa.2. The aforesaid writ petitions have been filed by some of the students of P.S.H.S. School, Danra, inter alia, making a prayer for issuance of direction to declare their results in the +2 Science Annual Examination, 2008 conducted by the Council of Higher Secondary, Orissa, (for short, 'the C.H.S.E.') after quashing the decision of the said Council which was notified in notification dated 24.6.2008 cancelling the examination in Chemistry paper of all the candidates except three.3. The petitioner's case is that after successfully prosecuting in +2 Science stream in the aforesaid P.S.H.S. School, Danra, they were issued with Admit Cards to appear in the +2 Science Annual Examination, 2008 conducted by the C.H.S.E.. Though they faired well and were hopeful of coming out successful with flying colours, but to their utter surprise, they found that the r...
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