Court : Orissa
Decided on : Oct-15-2003
Reported in : 2003(II)OLR632
..... to undergo r.i. for three moths and to pay a fine of rs. 2,000/-, in default to undergo r.i. for 15 days for. the offence under section 4 d.p. act, is impugned in this appeal.2. bereft of all unnecessary details, the short facts necessaiy for appreciating the case, are stated herein below :an f.i.r. (ext ..... humiliated by the said fact, his sister committed suicide. the belated attempt made by the prosecution to rope in the appellants for commission of offence under section 498-a i.p.c. and section 4 d.p. act appears to be an after-thought, and with an avowed oblique motive to wriggle out of repayment of the amount borrowed.12. to bring home ..... acquitted appellant no. 2 of the said charge.7. the appellants, in this appeal, have challenged the portion of the order convicting them under section 498-a i.p.c. and section 4 of the d.p. act. it is pertinent to mention here that no appeal has been preferred by the state challenging the order of the court below acquitting the appellants .....
Tag this Judgment!Court : Orissa
Decided on : Oct-17-2003
Reported in : 2003(II)OLR549
..... court except with the sanction of the state government.sub-section (2) of section 132 stipulates that no executive magistrate or police officer acting under sections 129 to 131 crpc in good faith shall be deemed to have thereby committed an offence.6. a cumulative reading of ..... i have no hesitation to hold that both the courts below have lost sight of the purpose of legislation and enactment of sections 132 and 197 in the code of criminal procedure and have acted erroneously and in excess of the jurisdiction conferred upon them.the petitioner, an officer of the orissa administrative service, and an ..... the duty to maintain law and order to use armed forces to disperse the assembly if contingencies arise.5. section 132 crpc gives protection to any person against any act purported to have been done under section 129 or 130 or 131 crpc and stipulates that no prosecution against such person shall be instituted in any criminal .....
Tag this Judgment!Court : Orissa
Decided on : Oct-17-2003
Reported in : 2003(II)OLR545
..... the said date and he was also entitled to the consequential benefits. the recommendation of the committee was made as back as on 1.11.1995 whereas the validation act came into force in the year 1998. thus the state government which constituted the high power committee, sat upon the recommendation for a period of three years for no ..... lecturers whose cases were recommended by the high power committee and to disburse the grant-in-aid. relying upon the said decision as well as the provisions of the validation act, 1998, this court directed the opposite parties to accord approval to the appointment of the petitioner as lecturer in oriya (4th post) and to extend all benefits to ..... the review application submitted that as the service of opp. party no.l were validated in accordance with the validation act, 1998, he is not entitled to any salary prior to 17.10.1998 on which date the validation act, 1998 came into force and the judgment should be reviewed to the said extent.7. reading of the order .....
Tag this Judgment!Court : Orissa
Decided on : Oct-20-2003
Reported in : AIR2004Ori34; II(2005)BC527; 96(2003)CLT696
..... is to consider prayer of the petitioners for payment of compensation. in view of our finding that taking over of the hotel unit by the corporation under section 29 of the act was illegal and improper, the question that remains to be considered is what compensation the petitioners should be entitled to it is evident from the record that ..... the same. even accepting such contention that the unit had been abandoned and the corporation in order to protect the property, had taken over the same under section 29 of the act, before putting it to sale by auction, we are of the view that the corporation was duty bound to find out as to whether the original loanee ..... instead of taking any such step, the hotel unit was taken over by the corporation in the month of january, 1997 without issuing any further notice under section 30 of the act for non-payment of instalment which was due on 31.12.96. confronted with the aforesaid position, learned counsel appearing for the corporation submitted that since the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-29-2003
Reported in : 2003(II)OLR586
ORDER1. This writ petition is filed by 25 petitioners, who intend to apply for recruitment to the Orissa Judicial Service, Class II. Case of the writ petitioners inter alia is that the last examination for recruitment to the Orissa Judicial Service, Class II was held in 1999-2000 and thereafter more than three years have passed, but the State Government has not taken any steps for recruitment of candidates to fill up the existing vacancies in Orissa Judicial Service, Class II. As a result of such delay, there is serious frustration amongst the petitioners. The petitioners have therefore prayed for a direction to the State Government to issue a notification for the examination for recruitmenL to the Orissa Judicial Service, Class II immediately. The petitioners have also prayed for a tentative time frame to be fixed by the Court for completion of the entire selection process. The petitioners have further prayed that some outside Universities may be short-listed for setting the question ...
Tag this Judgment!Court : Orissa
Decided on : Oct-30-2003
Reported in : 97(2004)CLT264
..... to the effect that they are physically handicapped at the time of submitting application forms.7. section 2(i) of the act 'the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 defines disability which includes under clause (v), a locomotor disability to which category the petitioner ..... any form of cerebral palsy. persons under disability in terms of sub-section (t) means, a person suffering from not less than 40% of any disability as certified by a medical authority. section 39 of the act requires all government educational institutions and other educational institutions receiving aid from the ..... claims to belong. subsection (o) of section 2 defines locomotor disability to mean disability of the bones, joints or muscles .....
Tag this Judgment!Court : Orissa
Decided on : Oct-31-2003
Reported in : 2003(II)OLR637
..... , kasinath das and dinabandhu panigrahi should not have been superfluously dealt with and disposed of by opposite party no. 5 in as much as sub-section (3) of section 12 of the orissa prevention of land encroachment act, 1972 confers revisional jurisdiction to check illegality and impropriety in orders of settlement or denial of settlement land. therefore he should have verified and in ..... consideration to reject the recommendation of the opposite party no. 2. we do not find illegality in the impugned orders. the plot under encroachment belongs to reserve category therefore the act of denial of settlement of the said land with the petitioner is found not to be illegal, unjust or improper.6. the aforesaid contention of the petitioner relating to settlement .....
Tag this Judgment!Court : Orissa
Decided on : Nov-06-2003
Reported in : [2005]141STC178(Orissa)
..... therefore, the petitioner nos. 1 to 9 who claim to be the owners of the goods should have been given opportunity in terms of the aforesaid sub-section (5) of section 16-d of the act to account in his accounts, registers and other documents maintained in respect of such goods and an opportunity of hearing in terms of sub-rule (5) ..... goods seized, the goods and the vehicle seized as aforesaid shall be released. thus, the pre-condition of exercise of power of seizure and confiscation under sub-section (5) of section 16-d of the act is that the goods are not accounted for by the transporter, bailee or the owner, as the case may be, in his accounts, registers, and other ..... value of the goods seized, the goods and the vehicle seized as aforesaid shall be released.'it is clear from the language of the aforesaid sub-section (5) of section 16-d of the act that the commissioner shall have power to seize the goods vehicle or seize and confiscate any goods which are found in the vehicle while on transit .....
Tag this Judgment!Court : Orissa
Decided on : Nov-10-2003
Reported in : 2003(II)OLR671
ORDERB.P. Das, J.1. Heard learned counsel for the petitioner as well as learned Addl. Govt. Advocate for the State.2. The petitioner in this writ petition challenges the action of the opposite parties in cancelling the licence of the petitioner for Sub-wholesalership in Kerosene oil on the ground that before cancelling the licence, no opportunity of hearing was given to the petitioner. It is stated that the petitioner was a licence holder to deal in Kerosene oil as Sub-wholesaler at Ghantapada under Kantamal Block of Boudh district since 15.7.2000 and the said licence was valid till 31.3.2003. On 20.2.2003 O.P. No. 2, i.e., the Collector, Boudh, by his order dated 20.2.2003 (Annexure-2) cancelled the licence for Sub- wholesaler in Kerosene on the ground that he was appointed after 15.2.1999 without the approval of the State Govt.3. O.P. Nos.2 and 3 have filed counter affidavit through the Sub-Collector, Boudh and Civil Supplies Officer-in-charge, Boudh, justifying the action of the opp...
Tag this Judgment!Court : Orissa
Decided on : Nov-12-2003
Reported in : [2003]133TAXMAN491(Orissa)
..... the constitution of india. that apart, dr. pal further contends that the ordinance in question was promulgated on 16-10-2003. till today, no notification has been issued under section 3 of the said ordinance establishing the tribunal nor any infrastructure for its benches is available today. he further submits that establishment of several benches as contemplated by the central ..... time. due to non -availability of necessary infrastructure, the proposed tribunals would not be able to commence the normal work. he submits that once a notification is issued under section 3 of the ordinance, all pending appeals and references in the high court will stand transferred to the national tribunal and in that case, various parties in appeals and references ..... is not set up for the benches.7. in view of the aforesaid, we direct the opposite parties not to issue any notification as contemplated by or under section 3 of the said ordinance till the next date.8. list this interim application after two weeks.
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