Orissa Court July 2010 Judgments
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M/S. Jai Jagannath Marble. Vs. the Commissioner of Commercial Taxes Cu ...
Court: Orissa
Decided on: Jul-02-2010
1. This writ application has been filed by the petitioner-M/s. Jai Jagannath Marble seeking to challenge an order dated 6.2.2009, passed by the learned Additional Commissioner of Commercial Taxes, Northern Zone, Orissa, Sambalpur (Opposite Party No.2), confirming the order passed by the Sales Tax Officer (Vigilance), Sambalpur (Opposite Party No.3) in which, while coming to a finding that, the dealer had been found to be carrying excess stock of marble and the same was detected at the Konoktora Check Gate on 22.2.2009 and levied tax and penalty both under the OVAT Act as well as the Entry Tax Act.2. Learned Senior Counsel appearing for the petitioner, inter alia, assails the aforesaid impugned orders on the ground that, since the petitioner was found to have made "under valued" the transaction of marbles purchased by it, no proceeding under Section 74(5) of the OVAT Act could have been initiated against him and that, the appropriate provision in the present circumstances ought to have ...
Bhikeram MeherA. Vs. State of Orissa
Court: Orissa
Decided on: Jul-02-2010
1. This revision is directed against the judgment dated 6.12.2008 passed by the learned Additional Sessions Judge, Titilagarh in Criminal Appeal No.41/22 of 2001 confirming the judgment dated 19.9.2001 passed by the learned J.M.F.C., Kantabanji in 2(b) C.C.No.22 of 1993 by which the petitioner was convicted under section 83 of the Orissa Forest Act (hereinafter referred to as 'the Act'), and sentenced to undergo S.I. for one month and pay fine of Rs.500/-, in default, to undergo S.I. for a further period of one month.2. Prosecution case is that on 23.3.1992, on the strength of search warrant issued by the Executive Magistrate, officials of the Forest Department conducted raid on the house and premises of the petitioner in presence of the Executive Magistrate. They recovered and seized 112 pieces of hand dressed and hand sawn Teak, Bija and Shishu sizes, one Shishu log, two hand saws and other equipments for making furniture. Subsequently enquiry revealed that seized forest produces wer...
Debaki Pradhan Petitione. Vs. Prakash Chandra Pal.
Court: Orissa
Decided on: Jul-02-2010
1. The petitioner-complainant assails in this revision the legality of the order dated 11.12.2006 passed by the learned S.D.J.M., Angul in C.T. Case No. 1200 of 2006 refusing to take cognizance of offences alleged to have been committed by the opposite party-accused on the ground of want of sanction as envisaged under Section 197 of the Cr.P.C.2. C.T. Case No. 1200 of 2006 was registered on the basis of complaint filed by the petitioner alleging commission of offences under Sections 294, 323, 354 and 506 of the I.P.C. by the opposite party, the then Officer-in-Charge of Chhendipada Police Station in the district of Angul. It was pleaded in the complaint that due to an earlier incident, case and counter case had been registered against her and another woman in Chhendipada Police Station. The petitioner and her husband had been arrested in connection with the case registered against her. They were released on bail on 6.6.2006. It was alleged that on 8.6.2006 when the petitioner was stand...
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