Orissa Court March 2009 Judgments
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Krushna Chandra Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-20-2009
Reported in: 108(2009)CLT143
1. Heard Learned Counsel for the parties and the Writ Petition is disposed of in the following manner:2. Annexure-3, the license granted to the Opposite Party No. 5 for retail sale of IMFL (Off shop) at the Brahmani Bridge Chhak in the district of Jaipur for the period 26.05.2008 to 31.03.2009 is under challenge. Petitioner as Sarpanch of Raichhanda Gram Panchayat has filed this Writ Petition, inter alia, on the ground that due procedure was not followed to settle the shop and to grant license.3. Opp. Party No. 5 is the licensee under Annexure-3.4. Earlier the Petitioner had filed W.P.(C) No. 3661 of 2008 in his capacity as the Sarpanch of Raichhanda Gram Panchayat challenging to opening of IMFL Off shop at the aforesaid place. That Writ Petition was filed after the public notice inviting objection was notified. Date of finalizing the lottery in that case for the year 2007-08 was fixed by the Collector on 17.03.2008. The Writ Petition was filed on 11.03.2008 and interim order was passe...
Century Textiles Industries Ltd. Vs. Deepak JaIn and anr.
Court: Orissa
Decided on: Mar-20-2009
Reported in: 108(2009)CLT226
D.K. Jain, J.1. Leave granted.2. Challenge in this appeal is to the Judgment and Order Dated 18th November, 2004 rendered by a Learned Single Judge of the High Court of Madhya Pradesh at Jabalpur, in Civil Revision No. 364 of 2004 filed under Section 115 of the Code of Civil Procedure, 1908 (for short 'the CPC'). By the impugned Judgment, the Learned Judge allowing the Revision Petition has set aside the order passed by the Second Additional District Judge, Jabalpur in Execution Case No. 2. of 2004, whereby and whereunder he had held that the objector Deepak Jain and D. K. Jain are the same person and proprietor of M/s. Surya Trading Company-the Judgment debtor.3. Shorn of unnecessary details, the case of the Appellant, in brief, is that it is engaged in the business of manufacture of cement. It required the services of Clearing and Forwarding Agents. Respondent No. 1, namely, Deepak Jain applied for the said agency in the name of a proprietary concern 'M/s. Deepak Jain' at 743, Sarafa...
State of Orissa Vs. Dredging Corporation of India Ltd.
Court: Orissa
Decided on: Mar-20-2009
Reported in: 108(2009)CLT432; (2009)25VST522(Orissa)
B.N. Mahapatra, J.1. This Sales Tax Revision petition has been admitted on the following questions of law:(i) Whether in the facts & circumstances of the case the Learned Sales Tax Tribunal is justified in holding that there was no transfer of right to use of the dredgers within the meaning of Section 2(g)(iv) of the Orissa Sales Tax Act, 1947?(ii) Whether in the facts & circumstances of the case the Learned Sales Tax Tribunal was justified in deciding the Second Appeals on merit without remitting back the matter to the Sales Tax Officer for adjudication?2. Bereft of unnecessary details, the facts & circumstances giving rise to this case are that the Opposite Party-M/s Dredging Corporation of India Ltd., Paradeep, Jagatsinghpur (hereinafter called 'the Corporation') is a Government of India Undertaking. During the relevant time, it had its branch office & business at Paradeep Port in Jagatsinghpur district. It is a registered dealer under the Orissa Sales Tax Act, 1947 (hereinafter cal...
Union of India (Uoi) and Two ors. Vs. Rabindra Behera and anr.
Court: Orissa
Decided on: Mar-19-2009
Reported in: 107(2009)CLT556
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 15.12.1999 (Annex.-1) allowing the O.A. No. 182 of 1999 filed by the Opposite Party-employee for quashing the disciplinary proceedings.2. The facts and circumstances giving rise to this case are that an F.I.R. dated 3.1.1987 was lodged against the Opposite Party -employee, while working as a Postal Assistant, under Section 409 I.P.C. for misappropriation of funds collected in the counter by him and also that on 2.1.1987 Opposite Party-employee received cash of Rs. 5,000 from the treasurer under receipt but he did not account the same. As the Opposite Party - employee was arrested and remained in judicial custody for more than 48 hours, in view of the provisions of Rule 10 of the Central Civil Services (Classification Control & Appeal) Rules, 1965, he was put under suspension vide Order Dated 22.1.19...
Commissioner of Income Tax Vs. Utkal Alloys Ltd.
Court: Orissa
Decided on: Mar-19-2009
Reported in: 107(2009)CLT623; (2009)226CTR(Ori)676; [2009]319ITR339(Orissa)
B.N. Mahapatra, J.1. This Income-tax appeal has been preferred against the Order Dated 14.03.2002 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as 'ITAT') in IT(SS)A No. 1/CTK/1996 for the block year 1986-87 to 1996-97. This Court has admitted the appeal on the following two substantial questions of law:(i) Whether, on the facts and in the circumstances of the case, the Learned Third Member of the Income Tax Appellate Tribunal is correct in law in relying on the case of Haribhagat Agarwalla v. State of Orissa 51 STC 355 with distinguishable facts and circumstances and holding that no addition can be made in the case of UAL?(ii) Whether on the facts and in the circumstances of the case, the Learned Third Member of the Income Tax Appellate Tribunal has erred in law in ignoring the findings of the Learned Judicial Member that from the rough calculation sheets presented at the time of hearing, some of the items were actually weighed and others...
Utkal Road Lines Vs. Registrar, Income Tax Appellate Tribunal, Ctc and ...
Court: Orissa
Decided on: Mar-19-2009
Reported in: 107(2009)CLT699
B.N. Mahapatra, J.1. This Tax Appeal has been filed raising several questions of law. However, at the time of hearing, Learned Counsel for the Appellant confined his argument only to question No. 3, which reads thus:Whether on the facts and circumstances of the case can Appellate Income Tax Tribunal came to a final conclusion regarding determination of rate of net profit on a higher side i.e. @ 7.5% without assigning any reasons when two similar decision based on similar facts have adjudicated by the same Tribunal previously vide IInd Appeal Nos. 489/CTK/1973 dt. 11.01.1980 and 293/CTC/1991 resulting net profit @ 2% and @ 7.5% respectively which leads to discrimination and miscarriage of justice.2. Bereft of unnecessary details the facts and circumstances leading to the present appeal are that the Appellant is a partnership firm. It carries on business in Execution of Transport Contract. In the year 1992-93, the Appellant filed its return disclosing the net income at Rs. 1,95,120. The ...
Purna Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Mar-18-2009
Reported in: 2009(I)OLR1006
Pradip Mohanty, J.1. The appellant having been convicted for commission of offence under Section 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 2000/- in default to R.I. for six months by the learned Additional Sessions Judge, Talcher in S.T. Case No. 14/2003, has preferred this appeal.2. The case of the prosecution is that the deceased Ugresen had taken some contract work from the Block along with the accused and three others. On 11.12.2002 there was a village meeting concerning payment of money among the members of the group at the instance of accused-appellant Purna Pradhan. During course of discussion in the meeting, the accused-appellant got annoyed and threatened the deceased and other members of the group to kill one by one accusing misappropriation of money. At about 6 P.M. on that date, the deceased was going to village Baghabaspur for arranging labourers. While he was passing through the house of one Bajia Behera of his village, the accused-appella...
Budhuram Gagral Vs. State of Orissa
Court: Orissa
Decided on: Mar-17-2009
Reported in: 2009(I)OLR788
Pradip Mohanty, J.1. The appellant having been convicted for commission of offence under Section 302 I.P.C. and sentenced to imprisonment for life by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 169/2000, has preferred this appeal from jail.2. The case of the prosecution is that on 04.03.2000, the O.I.C. Mahuldiha P.S. while enquiring into a U.D. Case of that Police station came to know that one Mukta Khuntia had certain illicit relationship with the accused Budhuram Gagrai. This accused and the victim girl Mukta were reading in the Agragami Night School opened at the village. Both being the students of that school began to love each other and Mukta became pregnant out of the sexual relationship between them. The father of the girl approached the parents of the accused who confessed his relationship with the girl. A meeting was called in the village, where the parents of the accused agreed to accept Mukta as their daughter-in-law. On 24.02.2000, the accused and his...
Paradeep Phosphates Ltd. Vs. Paradeep Port Trust
Court: Orissa
Decided on: Mar-17-2009
Reported in: AIR2009Ori139; 107(2009)CLT836
B.P. Das, J.1. This writ appeal has been filed against the Order Dated 1.8.2005 passed by a Learned Single Judge of this Court in W.P.(C) No. 8673/2004.2. The brief facts, as narrated in the appeal memo., are as follows:On 3.8.1985, when the present Appellant-Paradeep Phosphates Ltd. (PPL) was a Public Sector Undertaking, it entered into an agreement with the Respondent-Paradeep Port Trust (PPT), a statutory authority under the Central Government, with regard to breathing facilities in the Paradeep Port, vide Annexure-1. Clause-20 of the said agreement provided for reference of disputes arising thereunder to arbitration.The Central Government constituted a High Power Committee in terms of the Judgment of the Apex Court rendered in Oil and Natural Gas Commission v. Collector of Central Excise reported in : 1994(70)ELT45(SC) , wherein the Court while clarifying its earlier Order Dated 11.10.1991 directed the Union of India to set up a High Power Committee for the purpose of ensuring that...
Shri Arun Chandra Tripathy Vs. State of Orissa
Court: Orissa
Decided on: Mar-17-2009
Reported in: 107(2009)CLT891; 2009(I)OLR849
R.N. Biswal, J.1. This CRLMC has been preferred under Section 482 of Cr.P.C. against the judgment and order dated 19.1.2007 passed by the Addl. Sessions Judge, Puri in Criminal Revision No. 19/58 of 06/05 confirming the order of rejection of the petition filed under Section 197 of Cr.P.C. by the petitioner (Accused) in G.R. Case No. 922 of 1995.2. The laconic fact giving rise to the present CRLMC is that Fakir Mohan Panda had let out his house on rent to Charan Jena @ Sahoo in the year 1983 but as no rent was paid for years together, he filed H.R.C. case No. 17 of 1986 before the Court of S.D.J.M., Puri and won the case. The appeal preferred by Charan Jena having been dismissed, he filed a writ petition against the order of the Appellate Authority, in which, this Court ordered for his eviction from the house in question. Thereafter Fakir Mohan Panda filed Execution case No. 37 of 1987 before the Court of Munsif, Puri praying for delivery of possession of the house in question through t...
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