Court : Orissa
Decided on : Aug-25-2009
Reported in : 108(2009)CLT896
..... accused prafulla naik not guilty of the offence & acquitted him. on the other hand, accused chakrapani & dandapani were found guilty of the offence under section 302 & 324, ipc respectively & were convicted thereunder.7. mr. d.p. dhal, learned counsel appearing for the appellant meticulously took this court through the evidence of all the witnesses & submitted ..... caused a fracture injury. only on retaliation, chakrapani in order to save his life, swirled the 'thia kodi', which accidentally hit bidesi. thus, the trial court acted illegally in coming to the conclusion that right of private defence was not available to the appellant. mr. dhal further submitted that the trial court illegally did not ..... which was containing six inches of water. a cumulative reading of the entire evidence leads to the irresistible conclusion that the death was caused due to the overt-act committed by the appellant, who had not only given a blow by 'thia kodi' on the neck of bidesi, but also pressed him in the field .....
Tag this Judgment!Court : Orissa
Decided on : Aug-27-2009
Reported in : 2010(I)OLR16
..... who had taken the truck under agreement. on enquiry with the said roshan, the petitioner came to know that his truck has been seized for committing offence under orissa forest act, 1972.4. it is further stated that the petitioner challenged the seizure of the aforesaid vehicle before this court in w.p.(c) no. 1 of 2007 and prayed for .....
Tag this Judgment!Court : Orissa
Decided on : Aug-27-2009
Reported in : 108(2009)CLT901
..... dead body of ugresen munda for post mortem examination & after completing all paraphernalia, submitted charge sheet against the appellant under section 302 read with 34 of the indian penal code. it is pertinent to mention here that in spite of best efforts jukudu munda could not be arrested. learned j.m.f.c., jajpur road ..... this court through oral evidence & submitted that there is absolutely no evidence connecting the appellant with the alleged incident. that apart, it is submitted that no overt act had been attributed to the appellant nor the prosecution could establish any motive.8. learned addl. government advocate, on the other hand, repudiated the submissions made by ..... reveals that on the date of occurrence he took 'handia' along with jukudu munda & was in a drunken stage. none of the witnesses have attributed any specific overt act to the appellant, except stating that he was along with jukudu munda & had taken part in the assault. at times motive plays vital part & its importance & .....
Tag this Judgment!Court : Orissa
Decided on : Aug-31-2009
Reported in : 108(2009)CLT923
..... . : (2007) 2 scc 640, the court held as under:principles of natural justice will apply in cases where there is some right which is likely to be affected by an act of-administration. good administration, however, demands observance of doctrine of reasonableness in other situations also where the citizens may legitimately expect to be treated fairly. doctrine of legitimate expectation has .....
Tag this Judgment!Court : Orissa
Decided on : Aug-31-2009
Reported in : 109(2010)CLT185; 2010(I)OLR54
..... any one of the existing time keeper we are running the time office with sri narendra biswal supplied through the contractor as casual labour, violating the provision of the mines act, as a time keeper, he puts his signature in various documents.shri biswal has been working as time keeper since 1984 and he has been efficiently discharging his duties as .....
Tag this Judgment!Court : Orissa
Decided on : Aug-31-2009
Reported in : 2010CriLJ559
..... proceeding in the cycle. in absence of any such clear evidence implicating accused srikar gouda (appellant no. 2) of any overt act, we are of the view that his conviction under section 302/34, ipc is not proper and justified and according set aside the same. as regard accused manoranjan (appellant no. 1), in absence of any ..... evidence on record to show or even suggest that accused srikar had intention to kill deceased gopalkrushna and no overt act having been attributed to the said accused, the conviction of accused srikar under sections 302/34, ipc is improper and illegal. in this regard, it is submitted that as there is no material on record to ..... show that accused srikar had acted in furtherance of common intention to kill . deceased gopalkrushna, the application of the provision of section 34, ipc is erroneous and misconceived. in the alternate, it is pleaded by the learned counsel for the appellants that admittedly .....
Tag this Judgment!Court : Orissa
Decided on : Aug-31-2009
Reported in : 109(2010)CLT291
..... quoted hereinbelow:12. x x x in the second place there is a duty cast on the income-tax officer to apply the relevant provisions of the indian income-tax act for the purpose of determining the true figure of the assessee's taxable income & the consequentially tax liability. merely because the assessee fails to claim the ..... since the petitioner had suppressed the turnover & the transportation charges received by it, it cannot be permitted to claim deduction under section 12(2)(a) of the act.7. in response to the aforesaid contentions, learned counsel for the petitioner placed reliance on a decision of the high court of mysore in the case of ..... other hand, submitted that the petitioner had originally not disclosed the transportation charges received by him in his original returns & was assessed under section 12(4) of the act. in view of the fact that suppressed turnover was detected, the petitioner was assessed under section 12(8) & the assessing authority came to a finding that since .....
Tag this Judgment!Court : Orissa
Decided on : Sep-02-2009
Reported in : 109(2010)CLT276
..... sales tax, puri, on the ground that the dealer had preferred first appeal before the additional commissioner sales tax under section 60(1) of the ovat act. this request of the assistant commissioner was specifically turned down by the commissioner commercial tax, vide his letter dated 10.12.2008 by returning the proposal ..... refund & had further directed the authorities to dispose of the application after necessary enquiry. since the commissioner had refused to exercise the power under the ovat act, it was no longer possible nor permissible for the assistant commissioner to effectively seek to withhold the refund by resorting to the purported power or the ..... preferred by the petitioner & the matter stands remitted back to the assessing officer for reassessment. learned counsel, placed reliance on section 57(3) of the ovat act & submitted that no claim for refund is entertainable unless the re-assessment as directed by the first appellate authority is concluded. a further plea was sought .....
Tag this Judgment!Court : Orissa
Decided on : Sep-02-2009
Reported in : 109(2010)CLT7
..... not claim higher salary or other attendant benefits would be contrary to law & also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872.10. in view of the aforesaid legal position & keeping in view the judgment rendered by this court in the writ petitions filed by similarly situated employees of the same ..... for an indefinite period on the plea of lack of resources. o.p. nos. 1 & 3 would have thought over it before floating the scheme & allowing the employees to act on their promise made in the said scheme. o.p. no. 1 as well as o.p. no. 3, who represents the spinning mills which is an instrumentality of the ..... same because in terms of the direction of this court the registrar of co-operative societies had already taken a decision under section 30 of the orissa co-operative societies act, 1962 to give revised scale of pay with effect from 1.1.1999 since the spinning mills had no capacity to pay revised pay to their employees with effect .....
Tag this Judgment!Court : Orissa
Decided on : Sep-03-2009
Reported in : 108(2009)CLT916
..... a new 60 tonnes weighbridge at kanakatora check gate in the district of jharsuguda. in the said application, he agreed to share the weighment charges with orissa road safety society & indian red cross society, jharsuguda & also to provide accommodation for officers & staff of transport department working at the check gate. considering the application of opposite party no. 6, opposite party no ..... camera with tv recording the same can be exposed & details thereof can be taken note of which will fetch more revenue to the state as well as restrict the illegal act. therefore, till an advertisement is made for inviting applications to install weighbridge, opposite party no. 6 may be permitted to operate the said private weighbridge constructed by him.7. considering .....
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