Court : Orissa
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
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
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
Reported in : 103(2007)CLT130
I.M. Quddusi, J.1. The instant writ application has been filed against the impugned judgment and order dated 19.9.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 706 of 2005 wherein the petitioner-Association was the applicant.2. It appears that a review meeting was held on 17.6.2004 presided by the Chief Minister, Orissa to review anti-poverty programme and to tender services for their implementation. It was resolved therein that each block should have an Additional Block Development Officer (in short 'A.B. D.O.) and 136 such posts can be created by merging posts of Progress Assistants and Grama Panchayat Extension Officers into one cadre and each block should also have one Panchayat Development Officer.3. Although in the above resolution decision to merge the said post was not taken and as such it was, not notififed; but the petitioner filed the above mentioned O.A. before the Tribunal against the order creating of 136 posts of Additional Bl...
Tag this Judgment!Court : Orissa
Reported in : 2008(1)OLR217
..... municipal engineer of keonjhar municipality. the statement of the injured was also recorded and the learned sessions judge found the appellant guilty of committing offence punishable under section 332 i.p.c. and sentenced him to undergo rigorous imprisonment for one year.5. i do not find any good reason to interfere with the ..... 2 whereafter investigation was taken up. after conclusion of investigation, charge-sheet was filed against the appellant and three other accused persons for the offences punishable under sections 307/332/34, ipc.after committal of the case to the court of session, sessions trial was commenced in which as many as seventeen witnesses were ..... senior citizen, i am of the opinion that he may be given the benefit approbation of offenders act, 1958. therefore, the appeal is dismissed on merit. however, the appellant is granted the benefit of section 4 of the probation of offenders act, 1958. i, therefore, direct that the appellant be released on his entering into a bond .....
Tag this Judgment!Court : Orissa
Reported in : (2007)6VST461(Orissa)
..... to issue the eligibility certificate but as per the conditions envisaged under the ipr, 1992, as the ipr was silent on the 'period', the director of industries acted beyond his powers by limiting the period of eligibility to 'five years'. hence, it was not permissible for the director of industries to insist for a period of ..... para 7.3 relates to exemption of sales tax on finished products of existing and new khadi and village industries in perpetuity.(q) under the orissa sales tax act, 1947 entry 30-f of list a of the tax free schedule grants benefit on sale of finished products of existing and new khadi and village industries till ..... has been undertaken on the basis of separate project report duly appraised by the financial institutions and provided further that, subject to the provisions of the sales tax act, the benefit of exemption/deferment shall not have the effect of reducing the sales tax paid by the unit prior to commencement of the expansion/modernisation/diversification programmes .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT528
..... a private market without permission of the municipality. therefore, by his judgment dated 9.12.1985, he held the accused-respondent guilty for commission of offence under section 385-a of the orissa municipal act, convicted him thereunder and sentenced him to pay a fine of rs. 250/-, in default to undergo s.i. for two months. against that judgment, the ..... .s.c., berhampur in 3(a) c.c. 140 of 1982 (t.r. no. 14 of 1985) and acquitting the respondent of the offence under section 385-a of the orissa municipal act.2. the case of the prosecution is that the respondent had obtained permission for construction of a building for the purpose of running a hotel, whereas he ..... obtaining the requisite licence therefor.7. perused the lcr and the statement of the witnesses cited on behalf of the prosecution and relevant provisions of the orissa municipal act. section 297 of the orissa municipal act provides that in order to open a new private market, it is necessary to obtain a licence from the municipality .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR335
..... of 1983 pending before the special judge, bhubaneswar mainly on the ground that though the petitioners were charged with alleged commission of offences under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947 as long back as in the year 1982, the proceedings of the cases have not yet come to a logical end till date ..... counsel for the petitioners the alleged occurrence having taken place in the year 1982, the prevention of corruption act, 1988 would not ipso facto apply to the cases initiated against them, although at best the old act of 1947 may be applicable. under the old act, 1947, 'public servant' would mean and connote the definition of the said words as given in the .....
Tag this Judgment!Court : Orissa
Reported in : 1(2007)ACC589
..... the evidence the learned commissioner having accepted the version of the claimant, i do not find any infirmity in appreciation of evidence by the commissioner and, therefore, under section 30 of the act it is not open for this court to interfere with the finding of fact as the same is not found to be perverse. having found that the employer ..... rao 1987 (64) clt 135, this court held that if finding of fact is based on no material, the court can disturb such finding of fact in appeal under section 30 of the act. in the case of smt. sumitra devi v. executive engineer, udar asthan irrigation division, jahannbad, gaya 1996 (1) tac 447, a division bench of patna high court ..... .), this court held that whether the accident took place in course of employment or not is a question of fact and not available to be challenged in appeal under section 30 of the act if appreciation of evidence on record does not suffer from any illegality. in the case of managing director, o.r.t. co. ltd. v. sri s. rama .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR316
..... reasoning the same ratio applies to the awards made by the civil court between those dates. the conflict of decisions as to whether section 23(2) as amended by section 15(b) of the amendment act through section 30(2) of the transitory provisions would be applicable to the pending appeals in the high court and the supreme court was ..... indicated, in the decision reported in , a constitution bench of the supreme court had held that the benefit of the amended provision under section 23(2) of the land acquisition act, as amended by act 68 of 1984, was not available in pending appeals against the decisions which had been rendered prior to 13.4.1982, i.e., the ..... , the present opposite parties filed objection before the land acquisition officer and the land acquisition officer referred the matter to the civil court in terms of section 18 of the land acquisition act. learned sub-judge, berhampur, after hearing the parties, by order dated 20.2.1987 fixed the market value of the acquired land at rs. .....
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