Court : Orissa
Decided on : Aug-18-2006
Reported in : 2006(II)OLR438
..... , 323, 294, 354, 506 and 493 of the i.p.c. mr. ray, forcefully submitted that without disposing of the petition filed under section 227 of the cr. p.c. the court below acted illegally in framing charge. it is further submitted that the said petition is still pending and by the action of the court below the petitioner is ..... , learned counsel for the petitioner, are strongly repudiated by mr. sahoo, learned counsel for the informant. according to him, as the offences are triable by magistrate, petition under section 227 of the cr. p.c. is not maintainable. that apart he further submitted that the court below after perusal of the materials available and on being prima facie satisfied ..... the order dated 23.6.2006 and i direct accordingly. i further direct the court below to reconsider the petition said to have been filed by the petitioner under section 227 of the cr. p.c. and dispose of the same and frame charges in accordance with law after giving an opportunity of hearing to all the parties. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-23-2006
Reported in : (2007)5VST83(Orissa)
..... certain goods of special importance for inter-state trade and commerce is mentioned and barley is included against entry (x) in the list of items in section 14(i) of the act.9. learned counsel for the petitioner submits that the tribunal has erred in 9 law by reversing the judgment of the first appellate authority and in doing ..... 14 of notification no. 12525-cta-62/82/f dated march 22,1982. the honourable apex court held that having regard to the notification issued under section 3b of the orissa sales tax act, 1947, desiccated coconut manufactured by the appellant would come within the definition of coconut as contained in relevant schedule, namely item 14 (vi) of the ..... years has escaped assessment in view of the wrongful grant of exemption, orders for reopening of assessments were passed by the concerned sales tax officer under section 12(8) of the ost act.4. in course of such assessment proceeding, the sales tax officer held that the petitioner had sold barley to the tune of rs. 29,138. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-24-2006
Reported in : 2007(II)OLR465
..... ) order, 1977 and clause 3 of the pulses, edible oil seeds and edible oils (storage control) order, 1977. since the aforesaid contraventions are punishable under section 7 of the e.c.act, p.w.2 seized the said stock of essential commodities and kept the same in zima of the accused under proper zimanama and after completion of enquiry submitted ..... seized from two godowns belonging to mahesh kumar sahu. after assessing the evidence on record, the trial court found the accused guilty of offence under section 7(1)(a)(i) of the e.c.act and convicted and sentenced him thereunder as mentioned earlier.being aggrieved with the said order of conviction and sentence passed against him, the accused has ..... order of conviction and sentence passed against the appellant by the trial court are hereby set aside and the appellant is acquitted of the charge under section 7(1)(a)(i) of the e.c. act. he be discharged of his bail bond.7. as found from the evidence of d.w.1, one mahesh kumar sahu was the owner .....
Tag this Judgment!Court : Orissa
Decided on : Aug-30-2006
Reported in : 102(2006)CLT530
..... sdjm, nabarangpur alleging commission of offences by the petitioner and four of his co-accused under section 193/197/199/417/418/420/465/471/34 read with section 120-b of the indian penal code and under sections 465/628 of the companies act, 1956, icc no. 27 of 2006 was registered. in the said complaint case, learned ..... and is judicially reviewable depending upon materials disclosed by the complainant in his statement on oath under section 200. of course in the said decision, the pre-amended provision was under consideration.13. now reverting back to section 202 as amended by act no. 25 of 2005 which came into force only on 30th june, 2006, it is ..... of u.p. reported in air 1991 sc 147.according to him, the court below acted illegally and with material irregularity in directing issue of summons to the petitioner who admittedly resides beyond its jurisdiction without following the mandatory provision of section 202, cr.p.c.7. mr. bijon ray, learned senior advocate appearing for the opposite .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-2006
Reported in : 2007(1)OLR233
..... the aforesaid provision, the report of a government scientific export can be marked as exhibit and accepted as evidence in a case without formal proof. but sub-section (2) of section 293, cr.p.c. gives a discretion to the court to summon and examine such expert as to the subject matter of his report. a party cannot ..... scientific expert for examination or cross-examination to clarify the contents of the report. the petitioner is accused in a case under sections 498-a, 304-b, 302/34, ipc and section 4 of the d.p. act. he wanted certain clarification from the government scientific expert abut the nature of the organic poison indicated in the report and ..... 4. mr. a. k. mishra, learned addl. government advocate appearing for the state counter argues that the report of the chemical examiner having been accepted without objection under section 293, cr.p.c, there was hardly any scope for the trial court to allow the prayer of the petitioner to summon the chemical examiner for cross-examination. he .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-2006
Reported in : 2007CriLJ819
..... course of investigation the tractor and trolley in question were seized from the possession of the petitioner. the petitioner claiming to be a bona fide purchaser filed a petition under section 457, cr.p.c. before the sdjm, bhubaneswar with a prayer to release the said tractor and trolley in his zima. the learned sdjm on scrutiny of the ..... to him the complainant-opposite party no. 2 was the first purchaser. the r. c. book stood in his name. while he was the owner the learned sdjm had acted illegally in directing release of the tractor and trolley in favour of the petitioner. he further submitted that seizure of the aforesaid vehicles made by the bank was illegal and ..... in the name of the complainant-opposite party no. 2 and the question of propriety of the seizure thereof by the bank was still subjudice, the sdjm had acted illegally in directing release of the tractor and trolley in favour of the petitioner and reversing the order of the sdjm he directed release of the tractor and trolley .....
Tag this Judgment!Court : Orissa
Decided on : Sep-19-2006
Reported in : 103(2007)CLT207
..... and includes horticultural land, kharaur land, land with bamboo clumps, pasture land, cultivable wasteland, homesteads, tanks, wells and water channels. the definition of 'land' in section 2(9) of the act was considered by the high court of patna in mirza sulaiman beg v. harihar mahto (1985)33 bur 585 (pat). the bench was also of the view ..... as 'agricultural land'-for instance, (sic 'land') includes 'homestead', and, by itself, a homestead was not an agricultural land stricto sensu. in our opinion, section 2(9) of the act is emphatic and also couched in very wide language. that being so, we are of the opinion that there is no legal infirmity in the order passed by ..... the order passed by the learned single judge.3. in the instant case, a notification was issued on 26-11-1970. section 5 of the act deals with land not to be transferred without sanction. this section reads as under:5. land not to be transferred without sanction.-during the period commencing from the date of the publication of .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-2006
Reported in : AIR2007Ori48
..... the date of expiry of the period so specified).12. by the impugned amendment, the above provisions have been amended to the following effect:3. in section 28 of the principal act, in sub-section (2)--(i) for clauses (c), (el) and (e-2), the following clauses shall be substituted, respectively, namely:(c) in the case of a ..... members belonging to any such constituency shall elect the member of the committee from that constituency.(emphasis supplied)19. taking into consideration the provisions of the act in the aforesaid section and the amendments brought in to sub-rule (3) of rule 6. we find that the amended rules speak of organization of constituencies on either ..... of candidates from the reserved categories.15. we, therefore, hold that the prayer of the petitioners in this regard to declare the amendments brought in to section 28 of the act as ultra vires, cannot be accepted and we, accordingly sustain the amendments.16. with regard to the amendments brought in to the election rules by .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-2006
Reported in : (2007)IILLJ675Ori
..... e.s.i. court for the relief claimed. accordingly, after disposal of the writ application, the respondents filed an application under section 75 of the employees state insurance act, 1948 (hereinafter called 'the act') before the learned district judge, cuttack which is the employees insurance court. the grievance of the respondents as is evident from the ..... orissa textile mills (in short 'o.t.m.'), choudwar, cuttack which is a government of orissa undertaking and is covered under the e.s.i. act. the act provides for grant of cash benefits to the employees/workers during sickness and maternity period and also to the injured who receive injury in course of employment. ..... counsel for the respondents supported the impugned order on the ground that the lockout had not been declared in terms of the provisions contained in the industrial disputes act and, therefore, the learned district judge-cum-e.s.i. court was justified in holding that the lockout having not been declared in accordance with law, .....
Tag this Judgment!Court : Orissa
Decided on : Sep-21-2006
Reported in : 103(2007)CLT521; 2007(2)CTLJ100(Ori); 2006(II)OLR642
..... 1 to 3. by doing so article 14 of the constitution is violated. this being against the public policy, also went against the provision contained under section 23 of the indian contract act. as averred in the writ petition because of the arbitrariness of opp. parties while three other cement plants in orissa namely m/s acc cement, bargarh, ..... earlier, in the case at hand, the petitioners challenge annexure-3, 4 and 6 on the ground of violation of article 14 of the constitution and section 23 of the indian contract act. as it appears since cement is vitally essential to the public it has been categorized as core sector under annexure-2 by opp. party nos. 4 ..... centre and ors. : air1995sc1811 .8. in the decision of m/s. radhakrishna agarwal and others (supra) the apex court held;at this stage, no doubt, the state act purely in its executive capacity and is bound by the obligations which dealings of the state with the individual citizens import into every transaction entered into in exercise of its .....
Tag this Judgment!