Orissa Court May 2008 Judgments
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Prahallad Chandra Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-28-2008
Reported in: 2008(II)OLR359
A.S. Naidu, J.1. The petitioner, an erstwhile employee of the Cuttack Municipal Corporation, has approached this Court for issuance of direction to the opposite parties to release his pension and arrear salary pursuant to decision of the Municipal Corporation and resolution dated 13.10.2006 passed by the Government of Orissa in the Housing and Urban Development Department.2. In the Writ Petition it has been averred that the petitioner was initially appointed as an Assistant Teacher under the then Cuttack Municipality in the year 1958. He had been promoted to the grade of Headmaster in the year 1970 and then to the grade of Headmaster, Class II in the year 1975. On attaining the age of superannuation he retired from service with effect from 16.8.1997. His retirement dues like pension, etc. having not been paid he had earlier approached this Court in OJC No. 7216 of 1998 which was disposed of on 14.10.1998 with direction to the opposite parties to grant the pension and other benefits to ...
Indian Oil Corporation Limited Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-2008
Reported in: 106(2008)CLT545; (2008)15VST497(Orissa)
B.N. Mahapatra, J.1. In this writ petition the petitioner challenges the assessment order dated February 19, 2007 passed by the Sales Tax Officer, Cuttack-1 East Circle (hereinafter referred to as 'the assessing officer') under Rule 12(8) of the Central Sales Tax (Orissa) Rules, 1957 (hereinafter referred to as 'the CST(O) Rules') for the assessment year 2001-02. By the impugned order, the assessing officer has enhanced the gross turnover and net taxable turnover of the petitioner by making addition to the inter-State sale. An extra demand of Rs. 2,99,05,07,587 which includes penalty of Rs. 1,79,43,04,552 has been raised in the said order.2. The relevant facts which give rise to this writ petition are as follows.3. The petitioner is a Government of India undertaking and a Government Company incorporated under the provisions of Section 617 of the Companies Act, 1956 having its registered office at G-9 Ali Yaver Jung Marg, Bandra (East), Mumbai-400 051 and Orissa State Office at 304, Bho...
Hindustan Petroleum Corporation Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-2008
Reported in: (2008)15VST522(Orissa)
B.N. Mahapatra, J.1. In this writ petition the petitioner challenges the ex parte reassessment order dated February 15, 2007 passed by the Sales Tax Officer, Cuttack-1, East circle, Cuttack (hereinafter referred to as 'the assessing officer') under Rule 12(8) of the Central Sales Tax (Orissa) Rules, 1957 [hereinafter referred to as 'the CST (O) Rules'] and also the consequential demand notice dated February 15, 2007 for the assessment year 2001-02 wherein the total demand of Rs. 356,68,54,887.27 has been raised. By the impugned order, the assessing officer enhanced the gross turnover and net turnover by making addition to inter-State sale.2. The short facts which give rise to the present writ petition are as follows:3. The petitioner is a Government of India undertaking and a Government Company. It is registered under the Orissa Sales Tax Act as well as the Central Sales Tax Act. In respect of the assessment year 2000-01, the petitioner filed its return under the CST (O) Rules in form ...
Upendranath Jena and ors. Vs. Soumendranath Banarjee and ors.
Court: Orissa
Decided on: May-16-2008
Reported in: 106(2008)CLT233
A.K. Parichha, J.1. The Plaintiffs are in appeal against the Judgment and decree passed by Learned Additional District and Sessions Judge, 1st Track Court No. II, Bhubaneswar in T.A. No. 35 of 1995 (4/20C1) and Cross Appeal No. 14 of 1998 (32/2001).2. The suit land measures AC.0.720 decimals appertaining to plot No. 3183/3678 of Khata No. 271 corresponding to Hal Plot No. 4242 of Khata No. 722 of Mouza-Badagada. The Plaintiffs' case in essence was that one Dhani Das and Sarbeswar Jena were the joint owners of Ac.1.910 decimals of land which constituted the entire area of the above noted plot and that land stood recorded in their names in Ext. 1, the record of rights of old statement. Sometime in 1946-47 there was a partition between the co-sharers Naba Bewa, the widow of Dhani Das and Bimbadhara Jena, the son of Sarbeswar Jena wherein each of them got Ac.0. 955 decimals of land; Naba Bewa taking the western half and Bimbadhar taking eastern half. Thereafter, Ac.0. 805 decimals of land ...
Bikash Chandra Dash Vs. State of Orissa Represented Through Commission ...
Court: Orissa
Decided on: May-16-2008
Reported in: 106(2008)CLT337
I.M. Quddusi, J.1. O.J.C. No. 1361 of 2001 was filed by the Petitioner praying for a direction to the Opposite Parties to regularize his services with effect from 12.12.1986 and for a direction to the Opposite Parties 1 and 2 to sanction grants in his favour for the duration commencing from the period when the 3rd post of lecturer in Mathematics matured to receive grants i.e. from 1.6.1988 in conformity with the order of the State Government vide Annexures-7 and 8 series which had been passed in respect of other lecturers who were similarly situated like the Petitioner and to declare the regularization of the service of the Petitioner with effect from 17.12.1989 instead of 12.12.1986 as illegal, arbitrary and discriminatory and to pay him salary at the appropriate rate along with increments as accrued to him within a time to be fixed by the Court. During the pendency of the said Writ Petition, he filed Misc. Case No. 7889 of 2001 praying for a direction to the Opposite Parties to relea...
Smt. Sabitri Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-2008
Reported in: 106(2008)CLT347; [2008(119)FLR147]
I.M. Quddusi, J.1. This Writ Petition has been filed against the impugned Orders Dated 3.2.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 3656 (C) of 2001 and also against the impugned orders of punishment awarded to the Petitioner in the departmental proceeding.2. The brief facts of the case are that the Petitioner was appointed as a Constable in the Police Department of Government of Orissa on 18.7.1990. In the year 1993, she applied for leave as she fell ill and as per medical advice, she extended her leave. A letter was issued from the Office of Superintendent of Police asking her to attend VIP duty. As she was allegedly ill, she was unable to attend the duty. Consequently, she was put under suspension in April, 1996. Thereafter she submitted her representation along with medical certificate and also approached the Tribunal by filing O.A. No. 1402(C) of 1996 challenging the suspension. By Orders Dated 3.6.1996 passed by the Superintendent of P...
Bibhudutta Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-16-2008
Reported in: 2008CriLJ4185
ORDERS.C. Parija, J.1. This application under Section 482, Cr. P. C. has been filed by the petitioner assailing the order of cognizance dated 29-8-2003 passed by the learned S. D. J. M., Bhubaneswar, in G.R. Case No. 3572 of 2000, taking cognizance of offences under Sections 294/506/384/504/34, I.P.C.2. The case of the prosecution is that on 20-10-2000, the informant, opposite party No. 2 filed a complaint/report to the effect that on 14-10-2000 morning at 10.30 a.m. Sri Pradip Mohanty, Secretary, Dr. Moses Sukumar Das, Principal and three other teachers namely, Sri Rupa Kamal Mandal, Sri Milu Chandra Tripathy and Sri Ronald Baren, committed house trespass in his absence and abused his wife Smt. Rama Jena insulted her and threatened as to why her brothers were staying in the school campus to which she politely replied that since all of them are her own brother-in-laws, they can stay with her. But Pradip Mohanty abused her in obscene language which were witnessed by other Class-IV emplo...
Ghasia Naik Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-16-2008
Reported in: 2008CriLJ4525
ORDERPradip Mohanty, J.1. This revision is directed against the order dated 28-8-2004 passed by the Sub-Divisional Magistrate, Sadar, Sundargarh in Misc. Case No. 414 of 2002.2. The gist of the case is that a mass petition was presented before the Tahsildar, Sadar, Sundargarh by the villagers of Kepse against the present petitioner for obstructing natural flow of water to the agricultural field from the 'Munda', a water body, located over plot No. 635 and thereby causing nuisance to the public. On receipt of such petition, the Tahsildar and I. I. C. Sundargarh Sadar P.W. visited the spot to take stock of the situation. After enquiry, the Tahasildar submitted a report to the Sub-Divistpnal Magistrate to the effect that the present petitioner has unlawfully obstructed the flow of water by making ridges and due to such obstruction, the excess water of the 'Munda' could not be utilized for agriculture purpose, which amounts to public nuisance. On receipt of such report, Misc. Criminal Case...
Variety Entertainment (Pvt.) Ltd. Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-16-2008
Reported in: AIR2008Ori172
Indrajit Mahanty, J.1. The petitioner, M/s. Variety Entertaiment (Pvt.) Ltd. is a Private Limited Company incorporated under the provisions of Companies Act, 1956 and claims to be a 'Cable Operator' within the meaning of the provisions of the Cable Television Networks (Regulation) Act, 1995.2. The petitioner asserts that it is running a system of Cable Television Network and has the necessary license to distribute the television signals received from various broad-casters of Satellite Television channels to different households in the towns/cities of Orissa. The distribution of Cable Television signals is done through various technical means and the said signals reach the viewers at their individual households through a distributing system by way of cable networking carried in electrical poles. The petitioner vide its letter dated 12-4-2002 (Annexure-1) to the CESCO (O.P. No. 2) sought for its permission to use its electric poles laid in its operational area in different towns and citi...
State of Orissa Vs. Manoj Kumar Nayak
Court: Orissa
Decided on: May-16-2008
Reported in: 2009CriLJ23
ORDERPradip Mohanty, J.1. The judgment dated 24.03.2007 of the Addl. Sessions Judge (FTC), Baripada in Criminal Revision No. 3/ 29 of 2006 directing release of the seized Hero Honda Motorcycle and the mobile handset by setting aside the order dated 19.07.2006 passed by the S.D.J.M., Udala in 2(b) C.C. Case No. 33 of 2000 is assailed in the instant revision.2. FACTS OF THE CASE:On 23.06.2006 at about 4.00 A.M. the forest officials detected a Mahindra Pickup Van bearing registration number OR-01-D-9622 loaded with 120 pieces of Sal and Kaima timbers. During course of detection, it is alleged, the driver of the said Van and the timber smugglers fled away. The opposite party was caught red handed along with a Hero Honda Motorcycle bearing registration number OR-01-E-7639 and a mobile phone. As per instruction of the Range Officer, the above noted vehicles and mobile phone were seized together with the forest produce, seizure list was prepared in presence of the witnesses and accused-opposi...
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