Orissa Court January 2009 Judgments
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Chintamani Industries Vs. the Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: 107(2009)CLT232; (2009)25VST220(Orissa)
B.N. Mahapatra, J.1. In both the Writ Petitions, the Petitioner is same and has challenged the Order Dated 16.12.2004 (Annexure-3) passed by Opposite Party No. 2, Addl. Commissioner of Sales Tax, South zone Berhampur (hereinafter referred to as the 'revisional authority') in Revision Case Nos. PU-216 and 217 of 2000-01 by which the revisional authority refused the Petitioner's prayer to issue direction for restoration of the registration certificates of the Petitioner which were earlier granted under the Orissa Sales Tax Act, 1947 (hereinafter referred to as the 'OST Act') and Central Sales Tax Act, 1956 (hereinafter referred to as 'CST Act') and subsequently cancelled by Opposite Party No. 3, Sales Tax Officer (hereinafter referred to as the 'STO') vide Annexure-2, on the ground that the STO has illegally cancelled the registration certificate with retrospective effect without affording due opportunity of hearing to the Petitioner.Since the issues involved in both the petitions are sa...
Debendranath Barik Vs. Madhu Sudan Padhi and anr.
Court: Orissa
Decided on: Jan-30-2009
Reported in: (2009)107CALLT306; 2009(1)OLR649
B.P. Das, J.1. The Petitioner, who is working as a Laboratory Attendant in the Department of Chemistry in J.N. College, Kuanpal in the district of Cuttack, has filed this contempt application on the allegation that though this Court in its Judgment dated 09.09.2008 passed in W.P.(C) No. 10947 of 2008 directed compliance of the Judgment passed by the State Education Tribunal on 3.7.2006 in G.I.A. Case No. 87/2004, the same has not been complied with by the State Authorities, for which he has been deprived of getting his grant-in-aid dues, as has been directed by the Tribunal. The Petitioner has stated that he is in need of a quite substantial amount of money for his medical treatment, as he is suffering from Hypo-Cellular and has filed the Bone-Marrow Aspiration Report in support of his illness. As the State Authorities did not comply with the order of the State Education Tribunal, the Petitioner was forced to file the writ application, W.P.(C) No. 10947/ 2008 on the ground that taking ...
Shri Pranab Ranjan Bhuyan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: (2009)107CALLT478(NULL)
R.N. Biswal, J.1. The Petitioner has filed this Writ Petition to quash Annexure 3 and to issue a direction to the Opp.Parties to appoint him under the Rehabilitation Assistance Scheme. As per the Writ Petition the father of the Petitioner, namely, Panchanan Bhuyan while working as the Headmaster of Bhagbanpur L.P. School died in harness about 12 years earlier of the date of his superannuation. At the time of his death the Petitioner was only one year old. After attaining majority, he applied to the authorities paying for employment under the Rehabilitation Assistance Scheme. Since the same was not considered, he approached this Court in O.J.C. No. 13890 of 1997, which was disposed of with a direction to the Opp. Parties to consider his application. The prayer having rejected, once again the Petitioner approached this Court in O.J.C.No.2374 of 1999 wherein this Court directed the Opp. Parties to reconsider the case of the Petitioner in terms of Sub-rule 8 of Rule 9 and Rule 11 of the Or...
Bishnu Charan Jena and 7 ors. Vs. State of Orissa Represented Through ...
Court: Orissa
Decided on: Jan-30-2009
Reported in: 107(2009)CLT461
B.S. Chauhan, C.J.1. In mid seventies, certain reserve forest land had been allotted to individuals which could not be permissible under law. The litigation started in 1984 as it is evident from the order of this Court dated 24.3.1992 passed in OJC No. 2461 of 1984. Subsequently, this Writ Petition was filed raising the grievance that the lease deeds which had been executed illegally should be cancelled and the persons who have been put in possession should be dispossessed. The matter was entertained and this Court vide Order Dated 23.3.2004 directed the authorities to take action in accordance with law for cancellation of the lease granted to some individuals. In compliance thereof, it appears that some action was taken, but since the Petitioners were not satisfied, Order Dated 15.5.2008 was passed directing the authorities to furnish full particulars as to in how many cases the lease deeds have been cancelled. In pursuance thereof, an affidavit has been filed by the authorities point...
Ranjit Kumar Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: 107(2009)CLT750; 2009(I)OLR551
L. Mohapatra, J.1. The petitioner in this writ application challenges the legality of detention order passed by the District Magistrate, Ganjam, Chatrapur under Section 3 of the National Security Act, 1980 (in short the 'N.S. Act').2. The District Magistrate, Ganjam, Chatrapur on the basis of the report submitted by the District Intelligence Bureau, Berhampur on 21.9.2008, passed an order of detention against the petitioner in exercise of power under Section 3 of the N.S. Act, 1980. The grounds of detention indicate that the petitioner was involved in several cases between 2004 to 2007 and it appears that prior to the order of detention dated 21.9.2008, the petitioner was involved in Gosani Nuagam P.S. Case No.46 of 2007, Berhampur Town P.S. Case No.84 of 2008, Berhampur Town P.S. Case No.86 of 2008 and there were two more Station Diary entries in Berhampur Town P.S. and a proceeding under Section 110 Cr. P.C. had also been initiated against the petitioner. Undisputedly, at the time of...
State of Orissa Vs. Netramani Dei
Court: Orissa
Decided on: Jan-30-2009
Reported in: (2009)107CALLT500(NULL)
1. Heard the parties and the Judgment is as follows:2. Order of acquittal of the Respondent recorded by Learned Addl. Sessions Judge, Khurda in S.T. Case No. 19/6/147 of 1995-94 is under challenge.3. The Respondent was charged for the offence under Section 302, I.P.C. on the ground that she threw the child, aged about 1 1/2 years being her stepson (husband's second wife's son) into a tank (Chua) and caused his homicidal death due to drowning. Prosecution relied on direct evidence of P.W. 1 as the eye-witness to the occurrence so also the extra-judicial confession stated by P.Ws. 1 to 6, besides the report of the Doctor, P.W. 8, who stated that the deceased suffered homicidal death due to drowning.4. Admittedly, P.Ws. 1 and 2 are two child witnesses. Amongst them, P.W. 1 was examined as eye witness to the occurrence of throwing of the child by the Respondent to the tank and intimated that fact to the other child witness i.e. P.W. 2. In course of examining under Section 118 of the Eviden...
Kapilaswar Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: 2009(I)OLR567
Pradip Mohanty, J.1. In this writ application challenge has been made to the order dated 15.12.1998 passed by the Vice-Chairman, Orissa Administrative Tribunal in O.A. No. 1697 of 1992.2. The brief fact of the case is that opposite party No. 4 filed O.A. No. 1697 of 1992 in the Orissa Administrative Tribunal seeking a direction to opposite party No. 2-Principal Chief Conservator of Forests, Orissa, Bhubaneswar to promote him to the post of Section Officer Level-II as per Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975. His grievance is that he belongs to Scheduled Caste and was appointed as a Lower Division Assistant in the office of opposite party No. 2. Subsequently, he was promoted as Senior Assistant. In the said office of opposite party No. 2, the ORV Act and Rules were not observed for promotion to the post of Section Officer, Level-II up to the year, 1989. Even though a post of Section Officer Level-II earmarked for S.C...
Ananta Charan Sethi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: 107(2009)CLT649
I.M. Quddusi, J.1. By means of this Writ Petition, the Petitioner has prayed for a direction for modification of the orders under Annexures18 and 20 to the Writ Petition by directing the Opposite Party No. 1 to consider his case in the D.P.C. which is going to be held in near future for promotion to the rank of Fire Officer and for a direction to the Opposite Party No. 3 to reevaluate the answer sheet of the Petitioner by treating his answers in the same manner as done in respect of others and communicate the result thereof declaring him to have passed in the said Departmental (Accounts) Examination, 2007.2. The brief facts of the case as narrated in the Writ Petition are that the Petitioner was appointed as Station Officer at Baliguda Fire Station on 7.3.1984. Accordingly he joined in his post. While he was continuing as such, he was promoted to the rank of Assistant Fire Officer in the month of February, 1997 and posted at Bhadrak Fire Station. Subsequently the Petitioner was also pr...
Mrs. Abanti Mallik, Director Institute of Applied Electronics and Trai ...
Court: Orissa
Decided on: Jan-30-2009
Reported in: AIR2009Ori137; 107(2009)CLT697
I.M. Quddusi, J.1. The Petitioner, in this Writ Petition, has challenged the Judgment/Order Dated 16.2.1995 passed by the State Consumer Disputes Redressal Commission, Orissa in C.D.C. No. 298 of 1993 and the Order Dated 8.3.2000 of the National Consumer Disputes Redressal Commission confirming the order passed by the State Consumer Disputes Redressal Commission, Orissa.2. The brief facts of the case are that Opposite Parties took admission in the Petitioner's institution to take training in Fitter Trade and as required by the institution, they paid certain amounts of money for admission as well as continuance of their study for the course extending over a period of two years and submitted their original matriculation certificate with a hope that they would come out as fitters holding valid certificate, which would, enable them to pursue their career. After their admission, the Opposite Parties found that all the assurance to provide adequate training to the students were false and not...
Snehalata Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-30-2009
Reported in: 2009(I)OLR768
I.M. Quddusi, J.1. The petitioner, in this writ petition, has prayed for a direction to the opposite parties for payment of Family Pension to her under Rule-56 (19) of the Orissa Civil Services (Pension) Rules, 1992 by setting Order No. 5 dated 12.10.2006 passed in O.A. No. 1999 (C) of 2006 by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack.2. The husband of the petitioner namely, Late Ramesh Ch. Pradhan was working as Senior Assistant in the Office of the Revenue Divisional Commissioner (N.D.), Sambalpur and was suffering from mental depression from time to time and undergoing treatment at the V.S.S. Medical College and Hospital Burla in Psychiatric Department. On 20.2.1993 he resumed duty after being found fit and was attending office regularly. On 28.5.1993, he left his quarter to attend the morning office but did not come back. On enquiry by his wife, it was revealed that he did not attend the office on 28.5.93. A search was started for him in all probable places but he ...
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