Court : Orissa
Reported in : 107(2009)CLT63
..... against this court's order and without understanding the indirect bearing or impact that the order of this court had upon the trial court's decree, the executing court at the instance of decree holder had unlawfully accelerated the implementation of trial court's decree, which was susceptible to be set aside, or modified, by such act of apex court.22. ..... as a matter of fact the apex court had passed the final order on 25.4.2008 dismissing the appeal filed by the writ petitioner and confirming the order of the learned single judge of this court according to which the decree dated 21.8.2003 of the trial court is erroneous. ..... this writ petition was filed against the impugned order dated 16.7.2008 by the learned civil judge (senior division), bhubaneswar in his execution case no ..... 2 (bda) to activate the sale deed in favour of the plaintiff, mostly on advancing the hearing date in a half-hazard manner, without citing any reason ..... before pondering over the submissions made on behalf of either side, one thing that has to be kept in mind is that as per final order of the supreme court passed on 25.4.2008, the order dated 19.5.2006 of this court is sustained. ..... 3,60,000/-; but contrary to the same, executing court has acted in a different way by recording full satisfaction upon the execution of sale deed of defendant no. 1 ..... court had passed the impugned order dated 16.7.2008 by undoing what all done by his predecessor and relegating the parties to its original position with such stage in the e.p .....
Tag this Judgment!Court : Orissa
Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)
..... the taxation laws (amendment) act, 1975, which came into force with effect from 01.10.1975 brought in a new provision by which powers under section 133a were enlarged and the scope of amendment was explained clearly vide board ..... be communicated to the concerned person who is bound to be materially prejudiced because of such impounding and retention of books of account.admittedly, in the present case even though the books of account and other documents were impounded on 28.5.2008 and retained beyond ten days, the petitioner has not been communicated till date, the dgit's approval and reasons recorded for approving the same. ..... stated in paragraphs 7 to 10, the survey operation under section 133a, in the petitioner's premises, impounding of books of account/documents on 28.5.2008 and retention of the same till date being made illegally without following the procedure as laid down in section 133a of the i.t. ..... petitioner shall also not be right in his duty to prevent or non-co-operate the statutory authorities while they are discharging their ..... : [1992]196itr243(all) , the allahabad high court observed as follows:however, as the authorities under the it act are the custodians of public money and they have to perform their duties in goal faith in accordance with law and the procedure prescribed which rules out any vindictive or malicious action or misuse of ..... such expeditious communication, any further retention of seized books of account or other documents would become invalid and unlawful. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR777
..... the statement of objects and reasons for enacting the air act indicates that the presence in air, beyond certain limits, of various pollutants discharged through industrial emissions and from certain human activities connected with traffic, heating, use of domestic fuel, ..... accordingly, the senior environment scientist (w) of the board along with the tahasildar, baranga, made a joint inspection of the unit on 10.1.2008 and submitted the report to this authority on 16.1.2008 observing thus:(1) distance from the revenue village : the nearest revenue village is ramdaspur towards north-east of the site and the distance, as measured from the ..... this appeal under section 31 of the air (prevention of pollution) act, 1981 (in short 'the air act') is directed against the order dated 8.2.2007 passed by the regional officer of the state pollution control board, cuttack, vide annexure-9, refusing consent to establish the appellant stone ..... purported exercise of the power under section 21 of the air act with a direction not to take up any construction/operation activity. ..... may say that this question should usually be decided by the court keeping in mind the aims and objectives of the air act vis-a-vis the safety and well-being of the common citizens. ..... alleged that since the regional officer was a party to the proceeding for clearance of the unit under the single window clearance authority, the proceeding under section 21 of the air act for refusing the consent to establish the unit is not tenable. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT716
..... there may also be other considerations which have relevance to efficiency in service which may justify differences in pay scales on the basis of criteria such as experience and seniority, or a need to prevent stagnation in the cadre, so that the good performance can be elicited from persons who have reached the top of the pay scale. ..... the appropriate government made a reference under section 10 read with section 12 of the industrial disputes act, 1947 (hereinafter referred to as the 'act') as to whether the appellant was entitled to the pay scale of junior accounts assistant, i.e. ..... it is not just a comparison of physical activity. ..... ranjith kumar 2008 air scw 4279. ..... uppal 2008 air scw 3388.22. ..... : (2008)1scc630 .21. .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ538
..... is reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities which are proximate in point of time, he must be detained in order to prevent him from indulging in such prejudicial activities, the detention order can be validly made. ..... order of detention was confirmed by the government of orissa on 13.2.2008 in exercise of its power under section 12(1) of the said act after the opinion of the advisory board to whom the case was referred under section 10 of the said act for opinion and it had opined that there was sufficient cause for ..... with a view to prevent you from acting in any manner prejudicial to the maintenance of the public order, the order of detention under sub-section 2 of section 3 of national security act, 1980 was ..... government, : 2001crilj474 similar issue arose as the detaining authority recorded his satisfaction for detention under the national security act, in view of the fact that the person, who was already in jail, was going to move a ..... it was permissible in the facts and circumstances of the case to pass the detention order under the act while the petitioner was already in custody in respect of some other criminal case. ..... person who is already in jail can be detained under the national security act had been a subject matter of consideration by the court in n meera ..... intervened on 12th january and 13th january and subsequently also on 19th and 20th january, 2008, there have been saturday and sunday. .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ1043; 2008(II)OLR661
..... who--first - instigates any person to do that thing; orsecondly- engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orthirdly- intentionally aids, by any act or illegal omission, the doing of that thing.explanation 1- a person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, ..... take for example a case where a prosecution is launched under the prevention of corruption act without a sanction, then the trial of the accused will be without jurisdiction and after his acquittal a second trial after proper sanction will not be barred on the ..... of a crime is generally co extensor with the principal offender.for the application of section 109, three essential features must exist, that is, (a) three must be abetment of an offence, (b) the act abetted must have been committed in consequence of the abetment, and (c) there must be no express provision made in the ipc for the punishment of such abetment. ..... 286, it has been held:abetment by aiding or instigating necessarily means some active suggestion or support or stimulation to the commission of the offence itself. ..... abetment under the provision involves active complicity on the part of the abettor at a point of time prior to ..... intentional aiding and therefore active complicity is the gills of the offence of abetment under the third .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT874; 2008(II)OLR742
..... reference/revisional authority for hearing afresh for the simple reason that reference/revisional authority has to satisfy itself regarding correctness of the judgment and order of the revenue officer, chandbali under section 9 of the act and in case it is found that the order suffers from illegality, he will refer the matter to the board of revenue for proper adjudication and determination of the issues on factual controversy, as the issues involved are ..... they would also administer how the mind of the maker was activated and there rational nexus and syntheses with the facts considered and the ..... they would also administer how the mind of the maker was activated and there rational nexus and syntheses with the facts considered and ..... and circumstances giving rise to this case are that the appellants filed two applications under section 9(1) of the orissa land reforms act, 1960 (hereinafter called 'the act') before the revenue officer, chandbali for declaring them tenants in respect of certain land situate in mouza balabhadrapur. ..... india : 1990crilj2148a , it has been held that the object underlying the rules of natural justice is to prevent mis-carriage of justice and secure fair play in action. ..... : air1991sc537 , the apex court has observed as under:every such action may be informed by reason and if follows that an act un-informed by reason is arbitrary, the rule of law contemplates governance by law and not by humour, whim or caprice of the men to whom the governance is entrusted for .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ545; 2008(II)OLR690
..... that the accused persons had approached this court and obtained bail and it is alleged that, those accused persons taking advantage of the bail order granted by this court, carried on committing similar activities and whenever the petitioner's trucks loaded with coal and/or bricks were sought to be carried over the public road, these accused persons with their supporters blocked the passage by sitting in front ..... 'no objection certificate' from the tahasildar, bonth and the unit has also obtained 'consent order' for carrying on business of brick kiln as required under section 21 of the air (prevention and control of pollution) act, 1981 from the orissa pollution control board. ..... was filed on 31.10.2007, alleging that the petitioner had manufactured bricks unlawfully and for the said purpose the petitioner had appeared before the tahasildar, bonth on 12.7.2007 and on admitting that he had manufactured bricks ..... part of the district administration as well as the police authorities to ensure that no such unlawful act, such as setting up of check-gates for the purpose of collecting donation, should be allowed and whenever such gates being put up, immediate actions should be taken to remove the same and to take appropriate action against the persons who have erected such gates for such unlawful purposes. ..... it needs to be kept in my mind that demand for unlawful donation for various oblique purposes, and it is proved in this case that the villagers had set up a check-gate on a public road .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT678; (2008)18VST165(Orissa)
..... the obligation imposed upon the transporters under section s 42 and 44 of the act is also a part of such preventive measures against any evasion of taxes and the same should not be read in a narrow sense....hon'ble supreme court in the case of ..... factual position, we are of the considered view that the sto(v) is fully justified in imposing penalty as provided under section 16-c of the ost act in respect of the goods carried in the vehicle without being covered by the way bill and entered inside the state avoiding border check gate. ..... way bill is incomplete or defective or that there is evasion of tax or apprehends for reasons to be recorded in writing there is likelihood of evasion of tax in respect of the goods carried in the vehicle or boat he shall in order to prevent or check evasion of tax serve on the owner of the goods or any person in his behalf a notice in form no. ..... of orient paper and industries (supra) relied on by the petitioner the dealer was registered under the ost act and the goods transported by the vehicle from outside the state into the state were covered by statutory way ..... petitioner's case in brief is that it is a registered dealer under the provisions of the orissa sales tax act, 1947 (hereinafter called, the 'ost act') within the territorial jurisdiction of the sales tax officer, sambalpur-i circle, sambalpur and is engaged in dealing in ..... the local sales tax acts and rules to establish check posts to put check on clandestine activities and attempt to evade tax .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori91
..... a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;(iv) the paternal grandparent wholly dependant on the deceased passenger;(c)'untoward incident' means-(1)(i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or(ii) the making of a violent attack or the commission of robbery or dacoity; or(iii) the indulging in rioting, shoot-out or arson,by any person in or ..... between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such, as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the ..... this section by the railway administration if the passenger dies or suffers injury due to-(a) suicide or attempted suicide by him;(b) self-inflicted injury;(c) his own criminal act;(d) any act committed by him in a state of intoxication or insanity;(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.explanation. ..... by amendment act 28 of 1994 clause (c)(2) was inserted in section 123 of the railways act, 1989 bringing the 'accidental falling of any passenger from .....
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