Court : Orissa
Decided on : Oct-25-2006
Reported in : [2007]289ITR406(Orissa)
..... the subsisting finding of the tribunal that the income-tax officer has not given a reasonable opportunity to the assessee to rebut the statement recorded against him under section 131 of the act;(e) the high court further held that if the high court answers the questions in the absence of reasonable opportunity being afforded to the assessee, such answers ..... the order of the high court and the hon'ble supreme court allowed the department's appeal and directed the income-tax appellate tribunal to refer under section 256(2) of the act certain questions of law to be heard by the high court.9. the questions framed by the hon'ble supreme court are as follows (page 397 ..... arose out of the order of the income-tax appellate tribunal.7. thereafter, the high court also rejected on april 5, 1974, the department's application under section 256(2) of the act, holding, inter alia, that the finding of the income-tax appellate tribunal was correct and no question of law arose.8. then the department went up .....
Tag this Judgment!Court : Orissa
Decided on : Oct-25-2006
Reported in : 103(2007)CLT114
L. Mohapatra, J.1. Defendants 1 to 3 have filed this writ application challenging the order dated 27.9.2004 passed by the Learned Adhoc Additional District Judge, Fast Track Court No. II, Cuttack in T.S. No. 146 of 2001 rejecting one of the applications filed for amendment of the written statement. From the impugned order it appears that two applications were filed for amendment of the written statement i.e. on 29.7.2004 and 1.9.2004 respectively. The first application for amendment filed on 29.7.2004 was allowed and the second application filed on 1.9.2004 was rejected.2. The suit has been filed for partition of the suit properties described in the Schedule 'B' and the Plaintiff claims 1/4th share in the said schedule properties. The other prayer in the suit is for delivery of possession of the share that may be allowed to the Plaintiff through process of Court. The case of the Plaintiff is that she is the daughter of Dijabar Jethi and Defendants 1 and 2 are sons of said Dijabar Jethi...
Tag this Judgment!Court : Orissa
Decided on : Oct-25-2006
Reported in : 103(2007)CLT470
ORDERN. Prusty, J.1. Heard2. Mr. Rao, Learned Counsel for the Appellant and Mr. B.R Roy, Learned Counsel for the Respondent No. 1.3. This application has been filed for condonation of delay since there is a delay of 334 days in filing of the appeal.4. When this matter is taken up, Learned Counsel for the Appellant submits that since there is a delay in filing of the appeal and an application for condonation of delay has been filed, as usual notice may be issued to the Respondents on the question of limitation and thereafter-appropriate order may be passed in the matter.5. Learned Counsel appearing on behalf of Respondent No. 1 submits that in this case the award was passed on 22.05.1998 and he appeal was filed on 19.07.1999, i.e. after about one year two months from the date of award with a delay of 334 days. No application for condonation of delay was filed along with memorandum of appeal intentionally to frustrate the benefit of the award passed by the Tribunal in favour of the claim...
Tag this Judgment!Court : Orissa
Decided on : Oct-25-2006
Reported in : 2007(1)OLR202
ORDERL. Mohapatra, J.1. All the three appeals are directed against the judgment and award dated 15th May, 2004 passed by the 1st Additional District Judge-cum-1st M.A.C.T. Cuttack in Misc. Case No. 835 of 1998 directing that payment of compensation of. Rs. 4,25,000/- be equally shared by both the Insurance Companies along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization. M.A.C.A. No. 346 of 2004 has been filed by the United India Insurance Company Limited challenging the award whereas M.A.C.A. No. 495 of 2004 has been filed by the New India Assurance Company Limited challenging the said award. The claimant has filed M.A.C.A. No. 462 of 2004 praying for enhancement of compensation.2. The case of the claimant is that on 23.7.1998, at about 5 P.M., while he was going from Niali to his village Athantara in a trekker bearing registration No. OR-05A-3813, near Niali Block Office, a tractor bearing registration No. OR-05-1930 attached wi...
Tag this Judgment!Court : Orissa
Decided on : Oct-20-2006
Reported in : 2007CriLJ1402
..... the appellants were the authors of the injury caused to radhamohan sahu. the finding of the court below that the accused persons were not guilty of the offence under section 302, i.p.c. has attained finality, as the state government has not preferred any appeal against that. therefore that aspect cannot be gone into in this ..... 2 and panibudi podh accused no. 5 and acquitted them of the charges. the learned addl. sessions judge however found the present appellants guilty of commission of offences under sections 323/336/34, i.p.c. and convicted them thereunder, while acquitting them of rest of the charges. after hearing learned counsel for the appellants the court below ..... . and one month under section 336, i.p.c. with direction that the said sentence would run concurrently. the said order of conviction is impugned on the ground that the learned addl. sessions judge having disbelieved most of the witnesses, namely, p.ws. 1, 2, 3, 4, 5, 6, 9 and 10 acted illegally and with material irregularity .....
Tag this Judgment!Court : Orissa
Decided on : Oct-18-2006
Reported in : 103(2007)CLT132
..... accused, then he was not precluded from examining them as witnesses from his side.9. mr. nanda further argues that recovery of weapon of offence under section 27 of the evidence act is not clearly proved inasmuch as recording of the statement was not made in presence of p.w. 8. when direct evidence is available to connect the ..... both by direct evidence of p.ws. 6 and 11 and the circumstantial evidence such as recovery of the weapon of offence (m.o. iv) under section 27 of the evidence act and presence of the same group of blood in the wearing apparel of the accused and deceased. accordingly, learned sessions judge, dhenkanal-angul, dhenkanal in sessions ..... trial case no. 69-a of 1994 convicted the accused for the offence under section 302 ipc and as per the impugned judgment dated 31.03.1997 sentenced .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 102(2006)CLT858; 2006(II)OLR720
..... non-issuance of notice to the union of india represented by general manager, east coast railways in the reference proceeding was violative of section 18(1) and section 20 of the act because the compensation to the claimants is payable by the railways and notice to such interested person is mandatory as per the above ..... by the learned civil judge (senior division), bhawanipatna in m.j.c. no. 141 of 1997.2. on the basis of notification under section 4 sub-section (1) of the act, 1.39 decimals of land in holding no. 14 of village-sinangbhata in the district of kalahandi belonging to the claimant-respondent nos. 1 ..... that amount under protest claiming higher compensation. on the prayer of the claimants the matter was referred to learned civil judge (senior division), bhawanipatna under section 18 of the act for adjudication of the dispute regarding quantum of compensation. learned civil judge (senior division), bhawanipatna (hereafter called 'reference court') received evidence of the parties .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 2007(1)ARBLR116(Orissa); 102(2006)CLT657
..... to terminate the agreement upon 12 months' written notice in that behalf being given to the other party. bsil approached the learned district judge under section 9 of the act on the ground that a dispute has arisen between the parties since bmpl completely stopped technicast from entering into the mines for carrying out the ..... the agreement/contract dated 21.2.2003 (annexure-1).10. bmpl, which was the opposite party before the learned district judge in the proceeding under section 9 of the act, challenges the aforesaid order of the learned district judge in this appeal, inter alia, on the following grounds:(a) the impugned order is against the ..... dated 21.2.2003 (annexure-1). in contemplation of referring such dispute to arbitration in terms of the agreement, technicast filed the aforesaid petition under section 9 of the act before the district judge seeking interim protection with the prayers stated hereinabove.7. the learned district judge while issuing notice to the opposite party-bmpl on .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 2006(II)OLR683
..... contract between bmpl and technicast is in consonance with the provisions of clauses (c) and (d) of sub-section (1) of section 14 of the specific relief act, hence as per section 41(e) of the specific relief act, the learned district judge should have refused to grant injunction. it is further argued that there was continuous violations ..... 21.2.2003 (annexure-1). in contemplation of referring such dispute to arbitration in terms of the agreement, technicast filed the aforesaid petition under section 9 of the act before the district judge seeking interim protection with the prayers stated hereinabove.7. the learned district judge while issuing notice to the opposite party-bmpl ..... 93 of 2006 respectively. aggrieved by the orders passed by the learned district judge allowing the aforesaid petitions, bmpl has preferred these two appeals under section 37 of the act.3. for the sake of convenience, let us deal with arbitration appeal no. 13 of 2006 first.arbitration appeal no. 13/20064. this appeal .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 102(2006)CLT817
..... been held by the hon'ble apex court in a catena of decisions. in consonance with the ratio of decision of the apex court vis-a-vis section 149(4) of the m.v. act, the poor claimants should not also suffer for such breach of policy condition and as such, in such cases the appellant insurance company ought to be directed .....
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