Orissa Court September 2008 Judgments
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Padma Biswal Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-2008
Reported in: 2009(I)OLR412
1. Conviction under Section 302 I.P.C. (wrongly mentioned as 302/34, I.P.C.) and sentence of imprisonment for life imposed against the appellant is under challenge in this Criminal Appeal.2. According to the case of the prosecution on 16.11.1999 morning deceased Rita was found dead in her matrimonial house. Accused appellant is her husband and the two acquitted accused persons viz. Nanka Biswal and Pari Biswal are her parents-in-law. Her marriage with appellant took place in the year 1998 and the death occurred within a period of seven years of her marriage with the appellant. Udayanath Nahak is father of the deceased. While he was in his agricultural field, he got information about the death of the deceased and after reaching the house of the accused persons he found his daughter lying dead in the third room of the house and there was ligature mark around the neck. Accordingly, he lodged the F.I.R., Ext.7/1. The Officer In-charge, Kodala P.S. received the F.I.R. and arrived at the spo...
Kayal Coal Enterprises, Zenith Steels Vs. State of Orissa Represented ...
Court: Orissa
Decided on: Sep-23-2008
Reported in: 106(2008)CLT627
B.S. Chauhan, C.J.1. This Sales Tax Revision has been filed raising five questions of law. However, Learned Counsel for the revisionist has made submission only on question Nos. Ill and IV, which are as under:(III) Whether under the facts and circumstances of the case, the Learned Tribunal is correct to conclude that such raw-materials has not been utilized by the applicant for the purpose of manufacture and therefore confirming the order of the Assistant Commissioner for alleged contravention of Fifth proviso to Section 5(1) of the O.S.T. Act?(IV) Whether under the facts and circumstances of the case, the Learned Tribunal should have ignored the clarification of the State Government enumerated in Annexure-1 with regard to the manufacturing process undertaken by the applicant while screening and grading breeze coke and confirming the conclusion of the Assistant Commissioner in that aspect?2. The facts and circumstances giving rise to this case are that the petitioner/revisionist, deale...
Chittaranjan Sahu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-23-2008
Reported in: 106(2008)CLT637
1. Petitioners in both the Writ Petitions, who are traders of plates, trays and cups made out of sal leaves, have challenged the legality and validity of the Resolution No. 5 F-C 74/99-16744/F & E dated 27th September, 2002 issued by the Government of Orissa as at Annxure-2.Petitioners' case in both the Writ Petitions is that leaf plates, trays and cups are manufactured from sal leaves and siali leaves collected from forest by use of manual as well as mechanical process using the supporting materials like thread, polythene sheet, pasting glue etc.They claim that the end product no more remains a forest produce and, therefore, the resolution/notification as at Annexure-2 compelling the traders to obtain transit permit for transportation of such plates, trays and cups is illegal.In the counter to the above noted plea of the Petitioners, the Opposite Parties state that by use manual and mechanical process, the sal leaves are given the shape of plates, trays and cups, but such articles do ...
Sanyas Biswal Vs. Officer-in-charge and ors.
Court: Orissa
Decided on: Sep-23-2008
Reported in: 2008(II)OLR883
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has prayed for issuance of a writ of mandamus or appropriate writ to the opposite parties to cause an investigation into the alleged murder of the son of the informant by an impartial investigating agency other than the local police.The case of the petitioner is that his second son, namely, Ranjan who was employed in a Plant at Jajpur Road had married to one Pranati Nayak @ Sati daughter of Akshila Nayak of village Khandatiri under Rasol police station on 26.4.2007. After the marriage Pranati was taken to her paternal home by the elder brother of his father namely Puma Chandra Nayak on 2.5.2007 for the purpose of Saptamangala and she came back to her marital home on 4.5.2007 Puma Chandra Nayak owns a Tractor and the neighbour of the petitioner namely Jagabandhu Biswal had brought the said Tractor on hire for ploughing his land on 5.5.2007.2. The driver of the Tractor and two other persons who had come along with the Trac...
Shree Ganesh Women Self Help Group Vs. State of Orissa and Six ors.
Court: Orissa
Decided on: Sep-22-2008
Reported in: 2008(II)OLR781
ORDERM.M. Das, J.1. Heard Mr. S.K. Das, learned Counsel for the petitioner, Mr. M.K. Das, learned Counsel appearing for the opp. party No. 7 and Mr. S. S. Das, learned Counsel for the State.2. The petitioner is a Women Self Help Groups under Bauripada Grama Panchayat in Simulia Block in the district of Balasore. In this writ petition, it has challenged the action of the opp. party No. 3 in renewing the licence of the opp. party No. 7 as a Dealer for dealing with essential commodities under the OPDS (Control) Order, 2008.3. Admittedly, the opp. party No. 7 was a licensee as a Dealer under the OPDS (Control) Order, 2002, which was valid till 31.3.2008. Prior to expiry of the said licence, within the stipulated period, the opp. party No. 7 applied for renewal of his licence. Simultaneously, the petitioner made application in the month of April 2008 for grant of licence in accordance with the OPDS (Control) Order, 2008. The licence of the opp. party No. 7 was renewed on 2.6.2008.4. The gri...
State of Orissa and 4 ors. Vs. Kantilata Sarangi
Court: Orissa
Decided on: Sep-22-2008
Reported in: 2008(II)OLR942
B.S. Chauhan, C.J.1. This Writ Appeal was filed in 2002 along with an application under Section 5 of the Limitation Act. There is a delay of 346 days in filing the appeal. The explanation for the delay has been furnished in paragraph 3 of the application which reads as follows:That the appellants/petitioners received the aforesaid order of this Hon'ble Court on 3.9.2001 as communicated by this Hon'ble Court in letter dated 20.8.2001. On receipt of the order of this Hon'ble Court, the appellant No. 2 instructed the appellant No. 4, the District Inspector of Schools, Salepur under whose jurisdiction, the respondent was working for examination of the claim. The District Inspector of Schools, Salepur, vide his letter dated 19.1.2002 submitted a report to the appellant No. 2 which was so received by the appellant No. 2 on 18.2.2002. On examination of the report submitted by the appellant No. 4, since certain relevant informations were lacking, the District Inspector of Schools, Salepur was ...
Benudhar Mohapatra Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-19-2008
Reported in: 2008(II)OLR809
L. Mohapatra, J.1. The petitioner in this writ application assails the order of the Central Administrative Tribunal, Cuttack Bench, Cuttack dated 30.11.2004 passed in O.A. No. 1009 of 2002 directing further inquiry in a departmental proceeding.2. The petitioner while working as a Primary Teacher in Kendriya Vidyalaya, INS Chilika, was served with a memorandum of charges through the Principal of the said school on 11.6.1991 and a departmental proceeding was initiated against him on the basis of the said charges. He submitted his reply to the charges and the inquiry continued for almost eight years. The proceeding having not been completed in spite of passage of several years, the petitioner approached this Court in a writ application and the said writ application was disposed of directing the authorities to complete the departmental proceeding within a month from the date of receipt of the order. The proceeding having not been completed within the time granted by this Court, the petitio...
Lingaraj Rout and 20 ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-17-2008
Reported in: 2008(II)OLR949
ORDERM.M. Das, J.1. Heard Dr. A.K. Rath, learned Counsel for the petitioner and Mr. B. Dash, learned Counsel for the State.The petitioners in a suit for declaration of title obtained a decree from the competent Civil Court. Basing on the said judgment and decree, they filed Mutation Case No. 1978 of 2001 before the Tahsildar, Bhubaneswar. The said Mutation Case having not been attended to, being aggrieved by the inaction of the Tahasildar, the petitioner approached this Court previously in W.P.(C) No. 14974 of 2005. This Court by order dated 05.02.2007 disposed of the said writ application directing as follows:Considering the limited nature of grievance of the petitioners, this writ petition is disposed of with a direction upon the Tahasildar, Bhubaneswar to dispose of the said Mutation Case No. 1978 of 2001 within a period of three months from the date of communication of this order in accordance with law by affording an opportunity of hearing to the petitioners. The petitioners shall...
Bijay Kumar Jally Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: Sep-17-2008
Reported in: 2008(II)OLR972
Sanju Panda, J.1. Challenge has been made in this writ application to the order dated 17th July, 1993 passed by the Member, Board of Revenue, Orissa in OLR Revision Case No. 43 of 1991 in a reference under Section 59(2) of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act') setting aside the order dated 15.10.1991 passed by the Addl. District Magistrate, Puri in OLR Appeal Case No. 23 of 1984 and confirming the order dated 25.11.1983 passed by the Revenue Officer, Puri in OLR Misc. Case No. 5 of 1983.The facts as narrated in the records are as follows:Petitioner is the wife of opposite party No. 9 and the mother of opposite party No. 10. They are 'Kaibarta' by profession and belong to Scheduled Caste. The family of the petitioner which consists of 6 to 7 members depends on the agriculture to maintain the livelihood. They obtained a certificate from the Tahasildar, Puri in Misc. Case No. 1059 of 1983 on 21.12.1983 to the effect that they belong to Scheduled Caste un...
Roland Educational and Charitable Trust Vs. Chief Commissioner of Inco ...
Court: Orissa
Decided on: Sep-17-2008
Reported in: (2009)221CTR(Ori)88; [2009]309ITR50(Orissa)
B.N. Mahapatra, J.1. In the present writ petition, the petitioner challenges the order dt. 31st May, 2008 (Annex. 2) passed under Section 10(23C)(vi) of the IT Act, 1961 (hereinafter called as 'IT Act') by which the Chief Commissioner of Income-tax, Orissa, Bhubaneswar (hereinafter called as 'Chief CIT) did not entertain the application of the assessee petitioner made under Section 10(23C)(vi) for the financial year 2006-07 for grant of exemption on the ground that the said application was not filed within the time stipulated under the said section.2. Shorn of unnecessary details, the fact of the case as stated in the writ petition is as follows:The petitioner, in the present case, is a registered trust which runs an educational institution. The trust is constituted, inter alia, with the object to organize and promote education. It is engaged in imparting technical' education and training. The institution has been approved by All India Council for Technical Education for conducting deg...
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