Orissa Court March 2009 Judgments
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Smt. Kalpana Das and ors. Vs. Sarat Kumar Das
Court: Orissa
Decided on: Mar-25-2009
Reported in: AIR2009Ori133; 108(2009)CLT139
ORDER1. Heard argument and Judgment is as follows.2. Petitioners are the applicants in Misc. Case No. 104 of 2006 under Section 24 of the Hindu Marriage Act, 1955 (in short 'the Act').That application was filed in C.P. No. 310 of 2006. Petitioner No. 1 filed that C.P. for restitution of conjugal rights. Together with petition under Section 9 of the Act she filed the application under Section 24 of the Act. The Respondent-Opposite Party entered appearance in that proceeding on 08.12.2006 filed his written statement and also contested the application under Section 24 of the Act.3. On consideration of submission of both the parties, Learned Judge, Family Court, Cuttack awarded interim maintenance @ Rs. 800 per month to the Petitioner No. 1 and @ Rs. 400 per month to the Petitioner No. 2 on the ground that the relationship between the parties are admitted and the husband has a net salary of Rs. 7655. Learned Counsel for the Opposite Party-husband states that Family Court, Cuttack did not c...
Bibhisan Saramadia and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-25-2009
Reported in: 2009CriLJ4528
Pradip Mohanty, J.1. The appellants having been convicted for commission of offence under Section 302/34, I. P. C. and sentenced to imprisonment for life by the Additional Sessions Judge, Bolangir in S. C. Case No. 29/17 of 1997 have preferred this appeal.2. The case of the prosecution is that on 29-7-1996 the deceased had gone to Duhel in connection with her health programme at the Duhel School. The informant (PW 15) had carried the deceased by a cycle. At about 2.00 p.m., while both of them were returning from Duhel, appellant-Bibhisan Saramadia being armed with a Bhujali restrained them near a Chhak on Duhel-Kutenpali road. When both got down from the cycle, appellant-Bibhisen dealt blows on the neck of the deceased by means of a Bhujali. At that time, appellant No. 2, Tlkechan Saramadia suddenly rushed towards the informant from his back side holding a talwar and dealt a blow aiming at his head. In order to ward off the blow, the informant caught hold of the sword, as a result of w...
Bairagi Charan Puhan and Two ors. Vs. Board of Secondary Education and ...
Court: Orissa
Decided on: Mar-24-2009
Reported in: 2009(I)OLR784
M.M. Das, J.1. Heard learned Counsel for the petitioner and the learned Counsel appearing for the Board of Secondary Education, Orissa, Cuttack.2. The grievance of the petitioners in this writ petition is that the students of the petitioners-institutions have been allotted with a centre to appear in Prathama and Madhyama examination, about 70 Kms. away from their respective institutions. More than 200 students have appeared from the three petitioners-institutions.3. According to the learned Counsel for the petitioner, a large number of girl students are to appear in the said examination, which is to commence from 27.3.2009.4. It is stated by the learned Counsel appearing for the Board of Secondary Education, Orissa, Cuttack that a centre has been allotted pursuant to the decision of the Board, which was communicated to all the Inspector of Schools of the Stale in which a decision was taken that in respect of Prathama and Madhyama Sanskrit students, they shall be accommodated in a centr...
Orissa Alloys Ltd. Vs. Secretary, Department of Industries and ors.
Court: Orissa
Decided on: Mar-24-2009
Reported in: 2009(I)OLR891
Sanju Panda, J.1. Aggrieved by non-consideration of the proposal submitted by the petitioner to the opposite parties for settlement of the loan amount under One Time Settlement Scheme and challenging the action of the Orissa State Financial Corporation (in short, 'O.S.F.C.') under Section 29 of the State Financial Corporation Act (hereinafter referred to as 'the Act') on the ground that the assets of the unit has been valued at a very low price taking the said decision in a hasty manner, the petitioner has filed two writ petitions praying for a direction to the opposite parties to return possession of the Unit to the original owner as the game has been seized without following due procedure.2. The brief facts of the case are as follows:The petitioner-Unit is an Alloy Plant situated within the State of Orissa. It was built up being encouraged by the boom in the industrial sector in the State and as the demand for alloy was increasing day by day. Initially, the Unit approached the O.S.F....
Suman Agency Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Mar-23-2009
Reported in: 2009(I)OLR775; (2009)25VST414(Orissa)
B.N. Mahapatra, J.1. This writ petition has been filed seeking a large number of reliefs. However, at the time of hearing learned Counsel for the petitioner has confined his argument only to the relief to quash the order dated 23.12.2008 (Annexure-3) by which the Deputy Commissioner of Sales Tax, Cuttack-1 Range, Cuttack (for short 'DCST') summarily rejected the appeal memo as well as the stay petition filed by the petitioner under Section 77(4) of the Orissa Value Added Tax, 2004 (for short 'OVAT Act') on the grounds that the said order is arbitrary and not maintainable in law.2. The facts of the case in a nutshell are that the petitioner is a dealer registered both under the OVAT Act and Central Sales Tax Act, 1956 (for short 'CST Act'). It was assessed under Rule 12(4) of the Central Sales Tax (Orissa) Rules, 1957 (for short 'CST(O) Rules') for the period commencing from 01.04.2005 to 31.07.2007 wherein the total tax demand of Rs. 41,70,825/- was raised towards tax, penalty and inte...
Shri Dharanidhar Jena Vs. Union of India (Uoi) Represented Through Sec ...
Court: Orissa
Decided on: Mar-23-2009
Reported in: 107(2009)CLT845
B.S. Chauhan, C.J.1. This Writ Petition has been filed against the Judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called the 'Tribunal') dated 1.1.2002 ((Annexure-5) rejecting the O.A. No. 329 of 1997 filed by the Petitioner for quashing the departmental proceedings.2. The facts and circumstances giving rise to this case are that the Petitioner was appointed as Extra Departmental Branch Post Master at Gunupur Branch Post Office, Gunupur in the year 1958. In the year 1965 he was put under suspension due to institution of criminal proceedings against him, but he was acquitted of all the charges. Thereafter in 1975 he demanded for his reinstatement in service. But his demand was turned down by the Department as Departmental Proceedings were initiated on the charges of misappropriation. On conclusion of the proceedings Petitioner was dismissed from service. Against that order, the Petitione preferred a Writ Petition bearing No. OJC No. 1082 o...
Dwari Naik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-23-2009
Reported in: 107(2009)CLT861
Pradip Mohanty, J.1. The Appellants have been convicted under Sections 302 and 307, I.P.C. by the Learned Sessions Judge, Keonjhar in S.T. Case No. 11 of 1999. Each of them has been sentenced to imprisonment for life under Section 302, I.P.C. No separate sentence has been awarded under Section 307, I.P.C. in view of the sentence imposed under Section 302, I.P.C.2. The case of the prosecution is that the deceased Babaji Behera and the accused -Appellants are residents of village Bhandaripada. There is a well near the house of the accused-Appellants. On 08.03.1998 at about 8.00 A.M. Saudamini Behera (P.W.3), daughter of the informant (P.W.1) and grand daughter of the deceased, had been to the said well to wash vegetables. In course of washing, the rope of the sister of accused Mana, who was also present there, got drenched. For this, accused Mana assaulted Saudamini, who on returning home complained about the same before her grand father (deceased). When the deceased called out both the ...
C. Elumalai and ors. Vs. A.G.L. Irudayaraj and anr.
Court: Orissa
Decided on: Mar-20-2009
Reported in: 2009(I)OLR724
Arijit Pasayat, J.1. Alleging violation of the order passed by this Court, the present contempt petition has been filed. Stand of the petitioners is that by order dated 19.3.2007 in SLP(C ) No. 19924 of 2006, this Court had directed that the High Court which was considering CS No. 597 of 2006 in the original side shall make an effort to dispose of the suit within a period of six months from the date of receipt of the order. It was also directed that till completion of the suit the parties shall not create any third party right. It is the case of the petitioners that in clear violation of this Court's order, third party rights have been created. Several affidavits have been filed by the respondent No. 1-alleged contemnor No. 1. But no response has been filed by the respondent No. 2- alleged contemnor No. 2.2. Learned Counsel for the petitioners submitted that there has been conscious violation of the orders passed by this Court. The unconditional apologies offered at various stages are ...
R.B. Agarwal and Co. (P) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-20-2009
Reported in: 107(2009)CLT545
B.N. Mahapatra, J.1. In the present Writ Petition, the Petitioner has challenged the suo motu Revisional Orders Dated 31st December, 2007 passed by the Assistant Commissioner of Sales Tax (O.P. No. 2) for the periods 2002-03, 2003-04 and 2004-05 (Annexure-6 series) and show cause notice (Annexure-7) issued under Rule 16 (2) of the Central Sales Tax (Orissa) Rules, 1957 (hereinafter referred to as 'the CST (O) Rules') on the ground that the revisional authority has no jurisdiction to exercise its suo motu power of revision and consequently the notice issued under Section 16(2) is not sustainable in law.2. Bereft of unnecessary details, the facts and circumstances giving rise to the present Writ Petition are that the Petitioner is a company registered under the Companies Act, 1956 having its place of business at IDCO Plot No. 180/184, Sector-B, Industrial Estate, Kalunga, Dist: Sundergarh, Orissa. It carries on business in manufacturing of cast-iron casting like manhole covers, sanitary ...
Sri Sanjay Kumar Das Burma Vs. State of Orissa
Court: Orissa
Decided on: Mar-20-2009
Reported in: 2009(I)OLR779
B.P. Ray, J.1. This is an application under Section 482 of the Code of Criminal Procedure (in short, 'Cr.P.C') filed by the petitioner with a prayer to quash the order of cognizance taken in I.C.C. No. 445 of 2007 for offence under Sections 177/181 of the Indian Penal Code 'in short, ('I.P.C.').2. The brief story of the complainant is that during filing of nomination papers for 57-Brahmagiri Assembly Constituency of Puri District in the year 2004, the present petitioner filed his nomination concealing information regarding holding of his shares and his spouse in a company running in the name and style, 'Neelachal Builders Pvt. Ltd.' The complainant before the trial Court was the Sub-Collector, Puri-cum-Returning Officer of Bhrahmagiri Assembly Constituency. On the basis of the complaint, lodged by one Pramod Kumar Pradhan, an enquiry was conducted which culminated in filing of the complaint before the S.D.J.M., Puri. On the basis of the complaint petition and the documents provided, th...
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