Orissa Court February 2008 Judgments
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Land Acquisition Collector Vs. Smt. Lila Devi and anr.
Court: Orissa
Decided on: Feb-21-2008
Reported in: 2008(I)OLR700
Sanju Panda, J.1. This First Appeal is directed against the judgment/award dated 21.8.2001 passed by the learned Civil Judge (Senior Division), Nuapada in M.J.C. No. 41 of 2000 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. The facts narrated in the record are as follows:The Land Acquisition Officer/Land Acquisition Collector, Nuapada acquired the claimant's land-measuring an area of Ac.0.5 decimals appertaining to Plot No. 190 under Khata No. 27 in mouza Rajpur Nuapada for construction of Sub-Minor Canal under the Upper Jonk Medium Irrigation Project of Government of Orissa. Accordingly, notification bearing No. 13630 under Section 4(1) of the Act, was issued on 16.3.1998 which was published in the concerned locality on 9.5.1998. The said land was demarcated for acquisition. Subsequently, the Government withdrew acquisition of Ac.0.2 decimal of land from the said demarcated land of Ac.0.5 decimals. Hence, Ac.0.3 decimal of land wa...
Noble Aqua Pvt. Ltd. and 2 ors. Vs. State Bank of India and 4 ors.
Court: Orissa
Decided on: Feb-21-2008
Reported in: AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702
A.K. Ganguly, C.J.1. This writ petition has been filed by Noble Aqua Private Ltd.- petitioner No. 1, who claims to be a company registered under the Companies Act and petitioner No. 2 is the Managing Director of petitioner No. 1 and the petitioner No. 3 is the wife of petitioner No. 2, the Managing Director of the petitioner-company.2. The petitioners are challenging a notice dated 7.4.2007 ssued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security on Interest Act, 2002 (in short 'Securitisation Act'). The basic challenge in the writ petition is that the said notice is in contravention of provision of Section 22 of the Sick Industrial Companies (Special Provision) Act, 1985 (hereinafter referred to as 'SICA').The petitioners' case is that it was engaged in the export business of Marine Food Products along with processing and manufacturing of marine food products since 1995. The company was earning profit till 2002-03. But in view ...
Land Acquisition Zone Officer, Talcher-sambalpur Rail Link Vs. Purandh ...
Court: Orissa
Decided on: Feb-21-2008
Reported in: (2008)106CALLT230(NULL)
S. Panda, J.1. This appeal is directed against the award dated 25.3.1994 passed by the Learned Civil Judge (Senior Judge), Angul, in L.A. Misc. Case No. 181 of 1992 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. The facts of the case as narrated in record are as follows:The Respondent-claimants are the owners of eight plots of land of different varieties, total measuring an area of Ac.2.25 decimals, situated in village Naktinali under Kishorenagar Police Station in the district of Angul. The said land along with the standing trees was acquired by the State Government for Talcher-Sambalpur Rail Link Project for which a notification under Section 4(1) of the Act was published in the Extra-ordinary Gazette No. 1357 dated 19.9.1989. From out of the eight plots acquired, three plots were Sarada Jala-I and the other plots were Sarada Jala-II, Sarada-II, Sarada-III and Taila. Apart from solatium and interest, the Land Acquisition Officer ...
Orissa Trust of Technical Education and anr. Vs. Chief Commissioner, I ...
Court: Orissa
Decided on: Feb-21-2008
Reported in: 106(2008)CLT299; (2008)219CTR(Ori)16; [2009]178TAXMAN363(Orissa)
I. Mahanty, J.1. The Orissa Trust of Technical Education and Training (hereinafter referred to as 'Trust'), Petitioner herein, is an educational institution registered under the Indian Trusts Act, and in the present Writ Petition it seeks to challenge an Order Dated 2.2.2007 passed by the Chief Commissioner of Income Tax, Orissa, Bhubaneswar under Section 10(23C)(vi) of the Income Tax Act, 1961 rejecting the Petitioner's application seeking approval thereunder, copy of which has been annexed as Annexure-8 to the Writ Petition.2. Dr. D. Pal, Learned senior Counsel appearing for the Petitioner-Orissa Trust of Technical Education submits that the Petitioner-Trust had made applications for approval under Section 10(23C)(vi) of the Income Tax Act, 1961 in Form No. 56 D on the following dates pertaining to the following financial years 1998-1999 to 2005-2006. Date of application Financial year Total receipt (i) 31.03.2000 1998-1999 Rs. 11,43,86,923-00 (ii) 31.10.2000 1999-2000 Rs. 1,49,45,50...
Raghunath Jena and ors. Vs. Adkikanda Panda
Court: Orissa
Decided on: Feb-20-2008
Reported in: 105(2008)CLT649
A.K. Parichha, J.1. This appeal is directed against the Judgment and decree passed by Learned Ad hoc Additional District Judge, Jajpur in T.A. No. 30 of 2000 confirming the Judgment and decree of Learned Civil Judge (Junior Division), Jajpur in T.S. No. 214 of 1998.2. The Respondent as Plaintiff filed the title suit for declaration of his right title over the suit land, recovery of possession of the same after evicting the Defendants there from and also for a declaration that the Orders Dated 18.6.1987 passed by the Tahasildar, Jajpur in OLR Case Nos. 21 and 22 of 1980 are illegal and not binding on the Plaintiff. The Plaintiff's case in brief was that total area of Ac. No. 1 1.56 decimals appertaining to Plot Nos. 38, 41, 37 and 40 in Mouza-Bepari Berhampur in Jajpur Town belonged to Rama Krushna Sen, Purna Chandra Sen and Nani Gopal Sen, who were intermediaries in Khas possession. After vesting of these lands in the State as per the provision of Orissa Estates Abolition Act (in short...
Bipreswar Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-20-2008
Reported in: 2008(I)OLR897
1. Petitioner challenges Annexures-3, the order passed by the Executive Officer, Cuttack Municipality. That order reads as hereunder:In pursuance of order of the Hon'ble High Court in O.J.C. No. 4091 of 1990 read with earlier direction made in O.J.C. No. 229 of 1984 the case of Shri Bipinbehari Mohapatra, Headmaster, Municipal High School, Jobra along with all trained graduate teachers of Cuttack Municipality who had acquired 7 years of teaching experience after training as on 1.6.1983 as per the prescribed norm as laid down in Rule 17(2)(i) of Chapter-IX of Board Regulations was taken into consideration on 25.11.1993 by the Selection Committee for promotion to the post of Headmaster. After taking into consideration the qualification, experience and merit of the eligible trained graduate teachers the selection Committee has been pleased to select Shri Bipinbehari Mohapatra as Headmaster for Jobra Municipal High School with effect from 1.6.1983 i.e. from the date the High School was tak...
Prasanta Thaty and 19 ors. Vs. State of Orissa and Five ors.
Court: Orissa
Decided on: Feb-19-2008
Reported in: 2008(I)OLR579
ORDERA.S. Naidu, J.1. Heard. Petitioners are handicapped students, and are continuing their study in the Physically Handicapped School, Bargarh.2. The grievance of the petitioners in this writ petition is that though they have moved for opening Class-VIII in both the schools for the Blind and the Deaf and no steps are being taken by the authorities. On perusal of Annexure-l, it appears that the Collector, Bargarh by his letter dated 6.3.2007 requested the State Government to grant permission for opening of Class-VIII in the interest of handicapped students i.e., Blind, Deaf and other physically handicapped students. The said request was considered by the Government in Women and Child Development Department, but as the Finance Department expressed its inability to the said proposal on the ground of financial stringency the proposal was deferred for the time being.3. In consonance with the provisions of Section 26 of the Persons with Disabilities (Equal Opportunities, Protection of Right...
Shree Jagannath Stone Crusher and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-19-2008
Reported in: 105(2008)CLT661
I.M. Quddusi, J.1. Since identical prayer has been made in all the Writ Petitions, they were taken up together and are being disposed of by this common Judgment.2. The Petitioner in each of the Writ Petitions has prayed for quashing of the Notification dated 17/18th July, 2002 issued by the Government of Orissa in Forest and Environment Department in exercise of the powers conferred by Sub-section (i) of Section 19 of the Air (Prevention and Control of Pollution) Act, 1981. By the said notification, the State Government in suppression of the notification No. 3044/STE dated 29th February, 1988 of the Government of Orissa in the erstwhile department of Science, Technology and Environment and Notification No. Env-l-3/88/14439/F&E.; (Env.) dated 4th June, 1993 of the Forest and Environment Department and after consultation with the State Pollution Control Board, declared the entire State of Orissa as Air Pollution Control Area for the purposes of the said Act. They have also prayed for a d...
State of Orissa Vs. Kalia @ Debabrata Maharana
Court: Orissa
Decided on: Feb-19-2008
Reported in: 2008CriLJ3107; 2008(I)OLR845
L. Mohapatra, J.1. The Death Reference and Criminal Appeal arise out of the judgment and order dated 27.11.2007 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 15 of 2007. The accused-appellant has been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') for committing murder of three persons namely, Gayadhar Ojha, Sailendra Swain and Jagadananda Mallik and has been sentenced to death for committing the said offence. He has further been convicted for commission of offence under Section 307 I.P.C. for attempting to commit murder of Banamali Khatua and Dinakrushna Das. The appellant having been sentenced to death for commission of offence under Section 302 I.P.C., no separate sentence was awarded for his conviction under Section 307 of the said Code.2. As it appears from the record, on 23.7.2006 at about 7.30 P.M. the Officer-in-charge of Ramachandrapur Police Station (P.W.14) received a telephonic message that one Gayadhar O...
Golam Khan and ors. Vs. Commissioner, Consolidation and ors.
Court: Orissa
Decided on: Feb-19-2008
Reported in: 2008(I)OLR829
Sanju Panda, J.1. In this writ application, the petitioners have challenged the order dated 27.11.1995 passed by the Consolidation Commissioner, Bhubaneswar in Consolidation Revision Case Nos. 263 and 264 of 1983 whereby the Consolidation Commissioner disposed of the said two revisions under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred as to 'the Act').2. The brief facts of the case are as follows:The writ petitioners are the permanent residents of village Bhandagar under Kakatpur Police Station in the district of Puri. Their case is that originally one Bahudi Khan was the owner of the land, who died in the year 1929 leaving behind his three sons, namely, Hamid, Rahim and Ashad Ali and three daughters, namely, Saiban, Haluson and Saliman. Hamid had only one son named Idrish who died on 23.7.1969. The intermediary estate vested in the year 1963 64. A claim case was filed by Idrish Khan, Golam Khan, Murtaja Kha...
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