Court : Orissa
Reported in : 2000(II)OLR666
..... annexure-2) making certain unfounded derogatory remarks about the petitioner and requested him to arrest the petitioner and to book him under relevant provisions of the indian penal code. the petitioner has alleged that the present collector bears malice against the petitioner and he is mainly instrumental in preventing him from coming to ..... use or misuse of power.30. it is a basic principle of rule of law that the administrative authorities exercising statutory powers and even discretions must act objectively, reasonably, fairly and justly because 'discretion is a science or understanding to discern between falsity and truth, between wrong or right, between shadows ..... pass any fresh order the concerned magistrate and the other administrative authorities will bear in mind the principles stated and observations made in this judgment and act objectively and reasonably as the situation demands.32. for the foregoing reasons the impugned order of prohibition dated july 15, 2000 passed by the sub .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR475
..... of p.w. 10 does not go against the prosecution, although it was negative m nature. p.w. i 3 is an assistant branch manager of new india assurance company and a permanent resident of dutta tota. puri town which comes under ward no. 7 of puri municipality. he had been elected as the ward member of that ward ..... same. therefore the impugned judgment convicting the accused of the charge under section 5(1)(d) read with section 5(2) of the prevention of corruption act and under sections. 420/467/468,471 ipc, is bound to be upheld and cannot be interfered with. in the facts and circumstances of the case, the sentence of rigorous imprisonment for one ..... home the charge against the accused persons, prosecution examined twenty-two witnesses (p.ws.) and the defence examined none. p.w.1 was the deputy general manager of indian overseas bank at madras who accorded sanction for prosecution of accused ramakanta mohanty. p.w.3 subodh kumar mishra was the chairman of puri gramya bank at pipili who accorded .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... of india, ministry of finance : 1985(19)elt3(sc) , union of india v. coromandel prodorite ltd. : 1991(52)elt165(mad) , indian cable company ltd. v. cegat : 1992(57)elt22(cal) , assistant collector v. calcutta chemical company ltd. : 1992(62)elt511(cal) and union of india v. assam timber : 1998(100)elt7(sc) .35. in reply, learned senior ..... constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not.(3) and (4)................(5) where the particular act contains no machinery for refund of tax collected in excess of constitutional limits or illegally collected, a suit lies.(6) questions of the correctness of the ..... the apex court noticed the decision of the supreme court of united states of america in united states v. jefferson electric manufacturing company 78 l ed 859. there, section 424 of the revenue act, 1928 provided that 'no refund shall be made of any amount paid by or collected from any manufacturer, producer or importer .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR99; [2001]122STC354(Orissa)
..... the situation before it in such a way as to advance the interests of justice.'the same principle has been reiterated by the apex court in the case of indian aluminium company limited v. thane municipal corporation air 1992 sc 53.in a decision reported in air 1994 sc 860 (renusagar power co. ltd. v. general electric co.) ..... concerned to ascertain the same.13. after disposal of the writ application in consonance with the direction issued, it appears that a representation was filed by the petitioner-company on april 14, 1997 before the government of orissa in industries department. the said representation has been disposed of on february 4, 1998 by a cryptic order (annexure ..... the power of the court is not meant to be exercised for unjustly enriching a person. however, a claim of refund, whether made under the provisions of any act, rules or regulation, can succeed only if the petitioner alleges and establishes that he has not passed on the burden of tax to another person/other persons. his .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR342
..... .j.m., jajpur, in i.c.c. case no. 1 80 of 1 993 taking cognizance against the petitioner for the offence under sections 325 and 504 of the indian penal code.2. the brief facts of the case are that the sister of one prafulla kumar das, who was reading in m.h.d. mahavidyalaya.chhatia, was alleged ..... when some resistance was put, the said officer not only entered forcibly but tied the person offering resistance with a rope and assaulted him mercilessly causing injuries and for such act a complaint had been filed against the concerned public officers. the court, however, came to hold that such a complaint cannot be entertained without a sanction of the ..... case of this nature, ultimately held that there was no scrap of paper available before the sessions judge to show or suggest that the opposite party did the alleged act in due discharge of his official duty. for the aforesaid reason, this court set aside the order of the learned sessions judge and restored the order in taking cognizance .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT584
..... in the bid.the petitioners in their objection stated that tendet call notice was published in the oriya daily newspaper 'sambad' on 19-7-2000 and english daily 'new indian express' on 20-7-1999. the dates of sale of tender papers were from 2-8-1999 to 4-8-1999, as none purchased tender papers within the period ..... by court's intervention, the proposed project may be considerably delayed leading to escalating the cost.a bare perusal of the impugned orders would show that the civil judge acted illegally in exercise of his jurisdiction in granting injunction, the district judge has also failed to appreciate the gravity and consequences in affirming the injunction order granted by the ..... the contractors in whose favour the works were allotted. the suits as filed, also bad on account of non-joinder of necessary party.7. the civil judge acted in excess of his jurisdiction in exempting the opposite party from serving notice under section 80(1), c. p. c.. sub-section (1) introduced by amendment .....
Tag this Judgment!Court : Orissa
Reported in : II(2001)DMC182
..... a complete body.in the present case, as being highlighted by learned counsel for the petitioner, two out of three ingredients to constitute the offence under section 304b, ipc is the undisputed fact established on record. those two ingredients are (1) death of the deceased occurred otherwise than under normal circumstances, and (ii) she died ..... discharge the onerous duty of punishing the wrong-doer. in that context, he argues that as per the ingredients of provisions under sections 498a/304b/34, ipc when the death of the deceased occurred not under normal circumstances and it occurred within a period of seven years of her marriage, learned assistant sessions judge ..... 21.3.1995 by pw 2 relating to the death of deceased. after completion of routine investigation, charge-sheet for the offence under sections 498a/304b/34, ipc was submitted against the opposite party members who faced the trial. allegations of the prosecution regarding dowry torture resulting dc/ry death of the deceased, is the .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR586
..... arhti, 1992 (87) stc 196 and decisions of the patna high court in d.r. garg and company v. the state of bihar, 1986 (63) s.t.c. 183 and indian explosives limited v. state of bihar, 1993 (89) s.t.c. 417 contended that the transaction in ..... timber permit and no such form was ever issued to him and the tendu leaves in dispute were not booked by him through railways or trucks for places outside uttar pradesh. the tribunal accepted those facts and rejected the contention of the department. in the reference ..... not occasion movement of goods from state of orissa to outside the state. the basic ingredients to attract section 3(.a) of the act were found absent. therefore, the sale was held to be intra- state sale and not inter-state.8. keeping the aforesaid legal ..... of orissa to the state of west bengal and as such, it is exigible to central sales tax under the central sales tax act, 1956 and not to local sales tax. they have accordingly prayed for a declaration that levy and collection of sales tax under .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT63
..... p.s.and accordingly, khandagiri p.s. case no.231/2000 under sections 420,272 read with section 34 ipc and also under section 47(a) and 55of the bihar and orissa excise act was registered. during the investigation the s.i. seized different brands of liquor which was chemically examined at ..... state forensic science laboratory, rasulgarh and found to be spurious.3. a perusal of the statement of witnesses and also the statement of the sirish jaltara, present petitioner, reveals that the petitioner is working as a transport agent for different transport companies ..... . state of kerala) wherein it is found that the learned sessions judge granted anticipatory bail to the petitioner disregarding restrictions of the kerala abkari act observing that no material could be collected by the investigating agency to connect the petitioner with the crime but the kerala high court set aside .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR386
..... .10. although the prosecution has relied upon the circumstances on 'last seen together' theory and it was stated that the appellant and two others were found in the company of the deceased on 4.12.1992, but the dead body was recovered only on 7.12.1992. the other two accused persons have been acquitted by the learned ..... the proximity of time between last seen together and death of the deceased, no inference can be used against him. where the accused was last seen in the company of the deceased and dead body was recovered on information given by the accused, but the place from where the recovery was effected was not in exclusive possession of ..... deceased which were sent for chemical examination and after obtaining the report, charge sheet was placed against the appellant and his two associates under ses. 302 and 201/34, indian penal code.3. the plea of the defence was one of complete denial.4. after examination of witnesses, the learned sessions judge acquitted the two other associates of .....
Tag this Judgment!