Orissa Court July 1979 Judgments
Rameswarlal Muralidhar Vs. State of Orissa
Court: Orissa
Decided on: Jul-26-1979
Reported in: [1980]45STC115(Orissa)
R.N. Misra, J.1. This is a reference made under Section 24(2) of the Orissa Sales Tax Act by the Member, Sales Tax Tribunal, stating a case and referring the following question for opinion of the Court:Whether, on the facts and in the circumstances of the case, the Sales Tax Officer was justified in applying the proviso to Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act and demanding the tax payable on the price of the goods so utilised from the assessee?2. The assessee is a registered dealer under the Orissa Sales Tax Act and carries on business in paper and exercise books. During the period 1970-71, which is relevant for the present purpose, the assessee was working as authorised agent of Titaghur Paper Mills Limited for storage and sale of paper. The Sales Tax Officer, while examining the assessee's accounts, found that the assessee had purchased paper worth Rs. 36,99.2.40 from its principal free of tax by furnishing declarations. The assessee, however, did not sell the paper pap...
Tag this Judgment!Steel Trading Co. Vs. State of Orissa
Court: Orissa
Decided on: Jul-26-1979
Reported in: [1980]45STC142(Orissa)
R.N. Misra, J.1. This is a reference made under Section 24(1) of the Orissa Sales Tax Act, at the instance of the assessee, by the Member, Additional Sales Tax Tribunal, stating a case and referring the following questions for opinion of this Court:(1) Whether, on the facts and in the circumstances of the case, the sales effected by the petitioner to dealers outside Orissa are sales as denned under Section 2(g) of the Orissa Sales Tax Act read with the explanations appended thereto, as the goods were in Orissa when the contract for inter-State trade was entered into and thereby the petitioner has complied with their obligations of resale in Orissa?(2) Whether, on the facts and in the circumstances of the case, the petitioner's turnover of purchases made by giving declaration is not liable to be added to the taxable turnover for violating the provisions of Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act when he sold these very goods subsequently in the course of inter-State trade?(3)...
Tag this Judgment!Prakash Chandra Purohit Vs. Industrial Tribunal and anr.
Court: Orissa
Decided on: Jul-26-1979
Reported in: 48(1979)CLT317
J.K. Mohanty, J.1. Petitioner was working as a Material Chaser-cum-Recorder in the Coke-Oven and By-products (Mech.) Department of the Hindusthan Steel Limited (now Steel Authority of India Ltd., Rourkela Steel Plant, Rourkela, O.P. No. 2 (hereinafter called the 'company'). The General Manager of the company having been satisfied that the continuance of the petitioner in employment was inexpedient and agains the security of the establishment of opp. party No. 2, directed (vide order under Annexure-8) removal of the petitioner from service under Clause 31 of the Standing Orders with effect from 15-10-75. According to opp. party No. 2, under the Standing Orders, petitioner was paid three months' wages inclusive of one month's wages, as required to be paid under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter called the 'Act'). Simultaneously opp. party No. 2 filed an application (Annexure-2) before the Presiding Officer, Industrial Tribunal, Orissa, Bhub...
Tag this Judgment!Prahallad Rai Agarwala Vs. Food Corporation of India
Court: Orissa
Decided on: Jul-25-1979
Reported in: AIR1980Ori16; 48(1979)CLT292
ORDERS. Acharya, J.1. This Civil Revision is directed against an order dated 6-12-78 passed by the Subordinate Judge, Bhawanipatna, in M.J.C. No. 13 of 1978.2. The relevant facts are as follows:--The Collector, Kalahandi was the named arbitrator in respect of the disputes arising out of the contract in question between the parties to this revision. The opposite party in this case moved the Collector, Kalahandi to arbitrate certain disputes arising between the parties in respect of the contract in question. When the matter was so pending before the arbitrator, a petition for extension of time was filed before the arbitrator by the opposite party. On the filing of that petition, a letter, being letter No. 304 dated 9-2-78, from the office of the Collector and District Magistrate, Kalahandi, signed by someone on his behalf, was received in the Court of the Subordinate Judge, Bhawanipatna for extension of time for making of the award by the Collector. This letter was taken up for considera...
Tag this Judgment!Ashirbad Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-20-1979
Reported in: AIR1980Ori79; 48(1979)CLT333
R.N. Misra, J.1. Petitioner is a sitting Councillor of the Cuttack Municipality. Challenge in this application under Article 226 of the Constitution is to Government order dated 23rd of June, 1979 (Annexure-4), purported to have been made in exercise of powers under Section 398 (1) of the Orissa Municipal Act of 1950, cancelling a resolution of the Municipal Council of Cuttack dated 2nd of April, 1979,2. Election was held on 31st of January, 1979, for the 28 seats of Councillors and the Chairman of the Council. Petitioner was elected from Ward No. 2 while 27 others were elected from the different wards. Opposite Party No. 3 was elected as Chairman of the Municipality by direct franchise under the amended provisions of the Act. The Council assumed office with effect from 23rd of February, 1979. At the Meeting of the Council held on 2nd of April, 1979, one of the items in the Agenda was to authorise the Chairman to sanction expenditure up to Rs. 50,000/- at a time for the smooth working ...
Tag this Judgment!Prakash Chandra Sahu and ors. Vs. Managing Director, O.R.T. Co. and or ...
Court: Orissa
Decided on: Jul-17-1979
Reported in: AIR1980Ori122
Ray, C.J. 1. This batch of writ petitions have been consolidated for hearing as common questions of law are involved. These petitioners are motor bus (stage carriage and contract carriage) operators in the districts of Puri, Ganjam and Cuttack in the State of Orissa. Opposite Party No. 1, O. R. T. Company. Berhampur, Ganjam, purporting to be a State Transport Undertaking published nine draft schemes in the Orissa Gazette of 81st Dec., 1977 for nationalising passenger transport service over nine different routes lying wholly or partly in the three districts of Puri, Ganjam and Cuttack indicated in detail in those draft schemes, as required under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act'). Objections or representations to the draft schemes were invited intimating the intending objectors that they shall file their objections under Section 68-D of the Act before the Minister-in-charge of Transport through the Secretary to Government of Orissa in the...
Tag this Judgment!Dinamani Das and ors. Vs. Bimbadhar Padhan and ors.
Court: Orissa
Decided on: Jul-12-1979
Reported in: AIR1979Ori178; 48(1979)CLT200
Acharya, J.1. The appellants in this appeal are some of the judgment-debtors and the substituted legal heirs of the deceased judgment-debtors in Title Suit No. 81/48 which was a suit for foreclosure of a mortgage bond. The original judgment-debtors by a petition under Sections 47, 48 and 151 C.P.C. challenged the maintainability of the Execution Case No. 47/70 on the ground that the same was barred under Section 48 C. P. C. and Article 36 of the Limitation Act. That petition was registered as Misc. Case No. 90/70, and by order dated 24-8-73 the learned Subordinate Judge, Kendrapara dismissed the said petition with costs. The judgment-debtors thereupon preferred an appeal against the said decision, and the Additional District Judge, Cuttack, by his order dated 4-5-74 in Misc. Appeal No. 69/73 also dismissed the said appeal with costs. This appeal has been preferred against the said order.2. The preliminary decree in the suit (T. S. No. 81/48) was passed in favour of the plaintiffs on 17...
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