Orissa Court August 2008 Judgments
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Narendra Dora Alias Karlodu Vs. State of Orissa
Court: Orissa
Decided on: Aug-14-2008
Reported in: 2008(II)OLR643
1. Heard and the judgment is as follows.2. Appellant was prosecuted in the Court of Additional Sessions Judge, Rayagada in Sessions Case No. 13 of 2001 (Sessions Case No. 110 of 2001 of the Court of Sessions Judge, Koraput, Jeypore). That Sessions Case arose out of Chandili P.S. Case No. 107 of 2000 and G.R. Case No. 319 of 2000 of the Court of S.D.J.M., Rayagada.3. Bidika Pentaya alias Pentha (hereinafter referred to as 'the deceased') was allegedly done to death in the late evening hours of 22.11.2000. With such allegation, charge for the offence under Section 302, I.P.C. was framed against the appellant. To substantiate the charge, prosecution relied on the oral evidence of eight witnesses and the documents marked Exts. 1 to 7, besides the weapons of offence i.e. knife (M.O.I.). While taking plea of complete denial, accused did not adduce any defence evidence.4. According to the case of the prosecution, appellant had been given accommodation to sleep on the verandah of house of the ...
Hembo Oram and ors. Vs. Addl. District Magistrate and ors.
Court: Orissa
Decided on: Aug-13-2008
Reported in: 106(2008)CLT645
N. Prusty, J.1. The Respondents in R.A. Case No. 20 of 2003, who are residents of Uditnagar, P.S. Plant Site, Rourkela in the district of Sundargarh, have filed this Writ Petition challenging the Order Dated 21.8.2003 passed by the Learned Additional District Magistrate, Sundargarh, whereby the aforesaid appeal (R.A. 20 of 2003) filed by present Opposite Party Nos.3 to 5 was allowed and the order passed by the Officer on Special Duty (L.R), Panposh dated 31.12.2002 in Revenue Misc. Case No. 23 of 1994 under Regulation-2 of 1956 was set aside.2. The records of the case indicate that a suo motu proceeding i.e. Revenue Misc. Case No. 23 of 1994 Under Section 3-(A) of Regulation-2 of 1956 was initiated against Opposite Party Nos. 3 to 5 on the report of the Revenue Inspector, Raghunathpalli. In the aforesaid report it had been alleged that the land measuring Ac. 0.085 decimals covered by Plot Nos. 1484 and 1485 situated in village R.T.U.No.35 belonging to the present Petitioners (1 St part...
Baladev Sahu and Sons Vs. State of Orissa
Court: Orissa
Decided on: Aug-13-2008
Reported in: (2009)22VST386(Orissa)
B.S. Chauhan, C.J.1. In this sales tax revision the following questions have been raised by the assessee:(a) Whether, in the facts and circumstances of the case, surcharge is leviable on compounding of tax on out-still liquor under Rule 90AA of the Orissa Sales Tax Rules, 1947 read with first proviso to Section 5 of the Orissa Sales Tax Act, 1947.(b) Whether, in the facts and circumstances of the case, the findings of the learned Sales Tax Tribunal can be sustained in law?2. The facts and circumstances giving rise to this case are that the petitioner is a registered dealer under the provisions of the Orissa Sales Tax Act, 1947 (hereinafter referred to as, 'the Act'). He is a manufacturer of out-still liquor in the district of Nuapada. In the course of its business the petitioner purchased mohua flowers for manufacturing out-still liquor as per the licence granted by the authorities of the Excise Department. The petitioner opted to pay compounding tax in respect of its business and paym...
Sri Bikash Chandra Deb Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-12-2008
Reported in: 2008(II)OLR555
M.M. Das, J.1. In this application under Section 482 Cr.P.C., the petitioner has sought for quashing of the F.I.R. The F.I.R. was lodged on 2.12.2006 by one Nabin Singh as authorized representative of the opp.party No. 2- Manoj Kumar Agarwal. The said F.I.R. was registered as Raghunath Palli P.S. Case No. 284 of 2006 under Section 420 IPC. The informant stating himself to be the authorized representation of Manoj Kumar Agarwal-opp. party No. 2, averred in the F.I.R. that the petitioner was granted a mining lease over an area of 114.93 hectares for manganese and iron ores by the Government of Orissa, in village Dadwan (Inganijharan), Chamkpur, in the district of Keonjhar. The said mine remained idle for which the petitioner approached the opp.party No. 2 for transfer of the said mine in his favour. The opp.party No. 2 was in search of a mine to meet the requirements of raw materials for his manufacturing unit. Accordingly, the petitioner and the opp. party No. 2 entered into an agreemen...
Sukadev Behera Vs. M.D., Ofdc Ltd.
Court: Orissa
Decided on: Aug-12-2008
Reported in: 2008(II)OLR612
ORDER1. Heard Mr. B.K. Kar, learned Counsel for the petitioner and learned Counsel for the opp.parties. The petitioner has filed this writ application with a prayer to quash the office order dated 22.7.2003 issued by the Divisional Manager, Orissa Forest Development Corporation Ltd., Jeypore (C. KL) Division vide Annexure-2, initiating disciplinary proceeding against him on certain alleged irregularities committed while working in different posts in the Corporation. The disciplinary proceeding was initiated on 12.7.2003, after the petitioner retired from service on attaining the age of superannuation on 31.3.1999. The said disciplinary proceeding was started on 22.7.2003.2. The undisputed facts are as follows:(1) The petitioner is governed by 'The Orissa Forest Corporation Service Rules, 1986'.(2) No proceeding was initiated during the tenure of his service.(3) The Rules 1986 underwent an amendment in the year 2004 (29.1.2004) incorporating a new Rule as Rule-123-A.(4) There was no pro...
Umakanta Samal and anr. Vs. Sakuntala Sahoo and 17 ors.
Court: Orissa
Decided on: Aug-12-2008
Reported in: 106(2008)CLT874; 2008(II)OLR742
B.S. Chauhan, C.J.1. This writ appeal has been filed challenging the judgment and order dated 17.8.2005 passed by the learned Single Judge by which the order dated 2.1.2004 passed by the Collector, Bhadrak in OLR Revision Nos. 2 and 3 of 1999 has been set aside.2. The facts and circumstances giving rise to this case are that the appellants filed two applications under Section 9(1) of the Orissa Land Reforms Act, 1960 (hereinafter called 'the Act') before the Revenue Officer, Chandbali for declaring them tenants in respect of certain land situate in mouza Balabhadrapur. Both the applications were taken up together by the Revenue Officer. For deciding the cases, the following three issues were framed:(1) Whether the petitioners are tenants or raiyats with respect to the case land within the scope and purview of the OLR Act ?(2) Whether the petitioners are in khas possession of the case land ?(3) Whether the petitioners have obtained permission express or implied from the landlord for con...
Chowhan Machinery Mart Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-12-2008
Reported in: (2009)19VST178(Orissa)
B.N. Mahapatra, J.1. The grievance of the petitioner is that the Commercial Tax Officer, Sambalpur-I Circle, Sambalpur-O. P. No. 3 (hereinafter referred to as, 'the CTO') and Sales Tax Officer, Ward D, Sam-balpur I Circle, Sambalpur-O. P. No. 4 (hereinafter referred to as 'the STO') have illegally refused to issue declaration forms 'C' to which the petitioner is entitled in terms of Section 8 of the Central Sales Tax Act, 1956 (hereinafter referred to as, 'the CST Act') read with Rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 [hereinafter referred to as, 'the CST (R&T;) Rules] to purchase goods from outside State at a concessional rate of tax, on the ground that the petitioner has not paid entry tax under the Orissa Entry Tax Act, 1999 (hereinafter referred to as, 'the OET Act') and Rules framed thereunder.2. The petitioner's case, in a nutshell, is that it is a registered dealer under the provisions of the Orissa Value Added Tax Act, 2004 (hereinafter referre...
Agrani Export Private Limited Vs. State of Orissa
Court: Orissa
Decided on: Aug-12-2008
Reported in: 2008(II)OLR888
M.M. Das, J.1. The petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956 represented through its Managing Director - Abhishek Kar. The petitioner - company applied for a term loan and packing credit loan to the State Bank of India, Chhatrapur Branch. The bank authorities, being satisfied and after following due procedure, sanctioned credit facility on 13.7.2007 as per Annexure-2 to the petition.It is the case of the petitioner-company that while the petitioner-company was operating the said loan account and enjoying the credit facility, the Investigating Officer in Crime Branch P.S. Case No. 13 of 2007, corresponding to G.R. Case No. 2073 of 2007 pending before the Court of the learned S.D.J.M., Bhubaneswar, directed the State Bank of India, Chhatrapur Branch to stop operation of the loan account of the petitioner-company and accordingly, the petitioner-company has been prevented from operating the said loan account.2. This fact was intima...
Saira Mirza Vs. State of Orissa
Court: Orissa
Decided on: Aug-08-2008
Reported in: 2008(II)OLR602
ORDER1. Heard learned Counsel for the petitioner and Mr. P.P. Panda, learned Additional Standing Counsel for the Stated2. By means of this writ petition, the petitioner has prayed that the state Government be directed to appoint an Executive Officer for the State Haj Committee in terms of the order passed by this Court in W.P.(C) No. 12797 of 2006 on 23.11.2006.3. The operative part of the order dated 23.11.2006 passed in W.P.(C) No. 12797 of 2008 is quoted hereunder.Considering the submission made, we direct the State Government to take necessary action in terms of Section 29 of the Haj Committee Act, 2002 and post a regular Executive Officer in the State Haj Committee within a period of one month from the date of communication of this orderly.4. Section 29 of the Haj Act, 2002 is also reproduced under:29(1) The State Government shall appoint a person, from amongst its officers not below the rank of Deputy Secretary, to be Executive Officer of the State Committee.Provided that the per...
Rasmikanta Satpathy Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-08-2008
Reported in: 106(2008)CLT870; 2008(II)OLR719
Indrajit Mahanty, J.1. The petitioner Sri Rashmikanta Satpathy has sought to challenge the order dated 3.1.2000 passed by the Central Administrative Tribunal in O.A. No. 127 of 1998 whereby the Tribunal has rejected the prayer of the petitioner for regularization of his service notwithstanding the fact that the petitioner had been selected for the special qualifying examination meant for the regularization of service which has not taken place till date.2. The petitioner is a graduate from Utkal University and after acquiring such qualification, he registered his name in the Employment Exchange at Bhubaneswar. The Employment Exchange referred the name of the petitioner to the opposite party No. 3, i.e., Deputy Director, Weaver's Service Centre, Bhubaneswar for the post of Lower Division Clerk (LDC) on adhoc basis for a period of 89 days as the petitioner, having been duly sponsored by the Employment Exchange along with other candidates appeared in an interview board held on 11.8.1995 an...
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