Orissa Court February 2008 Judgments
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Sri Japani Samal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-06-2008
Reported in: 105(2008)CLT404
S.C. Parija, J.1. The Petitioner who was a land oustee had moved this Court under Article 226 of the Constitution of India for a direction to the Opposite Parties to afford rehabilitation assistance as available under the rehabilitation scheme formulated by the State Government. The Petitioner had accordingly prayed to direct the Opposite Parties to give him all financial benefits or service benefits and to issue a writ in the nature of mandamus in directing the Opposite Parties to make payment of Rs. 50,000/- to him within a period of two months as per the rehabilitation policy formulated by the Revenue & Excise Department, Government of Orissa. The original Petitioner having died during the pendency of this Writ Petition, he has been substituted by his son as the Petitioner.2. The case of the present Petitioner is that his father had lost almost all cultivable lands which had been taken over/acquired by the State Government under the Land Acquisition Act for construction of Talcher T...
Mansingh Munda Vs. State of Orissa
Court: Orissa
Decided on: Feb-06-2008
Reported in: 2008(II)OLR106
L. Mohapatra, J.1. The appellant having been convicted by the learned Sessions Judge, Keonjar in S.T. Case No. 99 of 1994 for commission of offence under Sections 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo imprisonment for life, has preferred this appeal against such order of conviction and sentence.2. The case of the prosecution in brief is that the accused persons and the deceased Dama Munda belong to Adibasi community of village Deolhari. The appellant was suspecting that the deceased might have killed his two children by practicing witchcraft. On 24.2.1994 in the afternoon, when the deceased Dama munda was returning from Remuli weekly market, on his way near Nischintpur jungle, the appellant caught hold the deceased and committed his murder by assaulting him with lathi and stone, and with the help of the other two accused persons, namely, Niranjan Munda and Sudar Munda carried the dead body of the deceased and concealed the same inside the jungle. Pur...
Kartika Chandra @ Nanda Sahu and 15 ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-05-2008
Reported in: 2008(I)OLR906
R.N. Biswal, J.1. This appeal is directed against the judgment and order dated 23rd April, 1990 passed by the Addl. Sessions Judge, Jaipur, in ST. No. 179/38 of 1989 wherein he convicted all the accused-appellants for the offence under Sections 323/436 read with Section 149 of I.P.C. and sentenced each of them to undergo R.I. for 6 months on the first count and R.I. for 5 years and to pay a fine of Rs. 2000/-and in default to undergo R.I. for a further period of three months on second count. Accused-appellant Harihar Mallik further having been separately found guilty under Section 323 of I.P.C. was sentenced to undergo R.I. for six months thereunder. It was ordered that sentences were to run concurrently.2. Shorn of unnecessary details, the prosecution case is that there was a club after the name Sapteswari in village Vakandari. At the instance of members of the said club, the informant and his family members were being subjected to different kinds of harassment by the villagers. On 9....
Mangalam Timber Products Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Feb-05-2008
Reported in: (2008)18VST1(Orissa)
1. Heard learned Counsel for the parties.2. This writ petition has been admitted by a Division Bench of this Court on July 5, 1993 and since then it has been kept pending. Today when the matter came up for hearing, learned Counsel for the petitioner wants an adjournment of the matter, which we are not inclined to grant since the matter is an old one.3. After hearing learned Counsel for the parties and going through the materials on record, it appears that the crux of the matter centres round proper interpretation of two finance department notifications; one is dated August 16, 1990 (annexure 1) and the other is dated April 28, 1992 (annexure 3). Both the notifications are purported to have been issued in exercise of power under Section 7 of the Orissa Sales Tax Act, 1947 (hereinafter called as 'the Act'). The said Section is extracted hereinbelow:Section 7. Powers of the State Government to exempt dealers from tax and to defer payment of tax.-Notwithstanding anything to the contrary, i...
Satyabadi Behera and Two ors. Vs. Girish Chandra Das
Court: Orissa
Decided on: Feb-01-2008
Reported in: 2008(I)OLR549
ORDERS. Panda, J.1. Heard learned Counsel for the petitioner and learned Counsel for the opposite parties.2. The petitioner in this Civil Revision challenges the impugned order dated 8.2.2007 passed by the learned Civil Judge (Senior Division), Udala in FAO No. 2 of 2005. The learned Civil Judge condoned the delay of six days in filing the appeal and restored Civil suit No. 52 of 2004 to the file of learned Civil Judge (Junior Division), Udala setting aside the order dated 30.6.2005 whereby the suit was dismissed for default as well as the orders dated 4.8.2005 and 19.9.2005 whereby the restoration petition filed with the affidavit of the Advocate's clerk and the better petition for restoration filed by the plaintiff respectively were rejected.3. The facts as narrated in the records are as follows:Defendants are petitioners. The opposite party as plaintiff filed Civil Suit No. 52 of 2004 before the learned Civil Judge (Junior Division), Udala for recovery of possession and permanent in...
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