Orissa High Court Monthly Digest: March 2022 [Citations 18-37]

Nominal Index: 1. Biru Singh v. State of Odisha 2022 LiveLaw (Ori) 18 2. Great Eastern Shipping Company Ltd. & Anr. v. Union of India & Ors. 2022 LiveLaw (Ori) 19 3. Ex-CFN Jagadish Chandra Mohanty @ Mohapatra v. Union of India & Ors. 2022 LiveLaw (Ori) 20 4. Pidika Sambaru v. State of Odisha & Anr. 2022 LiveLaw (Ori) 21 5. M/s. Ram Kumar Agrawal Engineers Pvt. Ltd. v. State of Odisha & Ors. 2022 LiveLaw (Ori) 22 6. Gobardhan Pradhan v. State of Orissa 2022 LiveLaw (Ori) 23 7. M/s. Indian Metal and Ferro Alloys Ltd. v. Commissioner of Income Tax, Bhubaneswar 2022 LiveLaw (Ori) 24 8. Odisha Power Generation Corporation Ltd. v. Asst. Commissioner of Income Tax, Circle 2(2), Bhubaneswar & Ors. 2022 LiveLaw (Ori) 25 9. Shantanu @ Priyabrata Senapati v. State of Orissa 2022 LiveLaw (Ori) 27 10. Akshay Kumar Nayak v. State of Odisha & Ors. 2022 LiveLaw (Ori) 28 11. Kamalakanta Sahu v. State of Odisha & Ors. 2022 LiveLaw (Ori) 29 12. Siba Bisoi & Ors. v. State of Odisha 2022 LiveLaw (Ori) 30 13. The Divisional Manager, National Insurance Co. Ltd. v. Sunil Majhi & Anr. 2022 LiveLaw (Ori) 31 14. The Divisional Manager, New India Assurance Co. Ltd., Bhubaneswar v. Sauri Das & Ors. 2022 LiveLaw (Ori) 32 15. Commissioner of Income Tax, Bhubaneswar v. Western Electricity Supply Company of Odisha Limited (WESCO) 2022 LiveLaw (Ori) 33 16. Gyanadutta Chouhan v. The Additional Chief Secretary to Government, Health & Family Welfare Department, Government of Odisha 2022 LiveLaw (Ori) 34 17. Pratap Kumar Bhuyan v. State of Odisha & Ors. 2022 LiveLaw (Ori) 35 18. Ramesh Chandra Pani v. State of Orissa and Ors. 2022 LiveLaw (Ori) 36 19. Asutosh Amrit Patnaik v. State of Orissa & Ors. 2022 LiveLaw (Ori) 37 Digest Of Judgments Reported: 1. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court Case Title: Biru Singh v. State of Odisha Citation: 2022 LiveLaw (Ori) 18 The High Court reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). A Single Judge Bench of Justice Sashikanta Mishra relied upon Iswar Tiwari v. State of Odisha, 2020 (80) OCR 289, wherein the legal position as regards the provisions under Section 167(2) of Cr.P.C read with Section 36(A)(4) of the NDPS Act, was elaborately discussed by the Orissa High Court and it was held that the notice must mandatorily be issued to the accused and he must be produced before the Court whenever such an application is taken up and that where any such report occurs the question of it being contested does not arise and a right accrues in favour of the accused. 2. No Retrospective Effect Of Notification Imposing Custom Duty On Grant Of Conversion Of Vessels From 'Foreign Going' To 'Coastal Run': Orissa High Court Allows Customs Duty Exemption Case Title: Great Eastern Shipping Company Ltd. & Anr. v. Union of India & Ors. Citation: 2022 LiveLaw (Ori) 19 The High Court held that Notification imposing custom duty on grant of conversion of vessels from 'Foreign Going' to 'Coastal Run' is not applicable retrospectively. The Division Bench of Chief Justice Dr. S. Muralidhar and Justice B.P. Routray has observed that exemption notification dated 17th March, 2012 is only prospective in its application and that in respect of the import of the three vessels i.e. 'Jag Arnav', 'Jag Ratan' and 'Jag Rani' which were imported into India first on 30th April 2003, 13th November, 2007 and 26th August, 2011 respectively, Entry 462 read with Condition No. 82 of the notification dated 17th March, 2012 will not apply. The court observed that a distinction has to be made between levy and customs duty on the value of ship stores that are carried on the vessel and are by themselves 'goods'. 3. Army Pension Regulations | Can't Deny Condonation Of Short-Fall In Pensionable Service Of A Voluntarily Discharged Serviceman U/R 125(a): Orissa HC Case Title: Ex-CFN Jagadish Chandra Mohanty @ Mohapatra v. Union of India & Ors. Citation: 2022 LiveLaw (Ori) 20 A Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik held that Regulation 125(a) of the Pension Regulations for the Army, 1961 cannot be employed to deny condonation of short-fall up to six months in pensionable period of service of a serviceman who was discharged on a voluntary basis. The Court observed, since Regulation 125(a) of the Pension Regulations for the Army is identically worded as Regulation 82(a) of the Pension Regulations for the Navy, the ratio of the decision of the Bombay High...

Orissa High Court Monthly Digest: March 2022 [Citations 18-37]

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