Orissa Court March 1997 Judgments
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Utkal Asbestos Limited Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Mar-11-1997
Reported in: 1997(I)OLR571; [2003]133STC22(Orissa)
A. Pasayat, J.1. Imposition of penalty under Section 13(5) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') by the Sales Tax Officer, Dhenkanal Circle, Angul and confirmation thereof by the Additional Commissioner of Sales Tax, Orissa (hereinafter referred to as the 'revisional authority') is the subject-matter of challenge in this writ application.2. The background facts necessary to be indicated for disposal of the writ application are as follows :Petitioner, a dealer registered under the Act, was required to pay the admitted tax along with the returns filed. For several periods, including the months of August, 1992 to March 1993, undisputedly there has been default in making payment of admitted tax. Petitioner's plea for not making the payment in time is that most of its transactions were with Government departments and there was non-receipt of payment for long periods which depleted the financial resources of the petitioner and there was unintended default in payment of the ...
Citizens of Tirtol Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-06-1997
Reported in: 1997(I)OLR548
A. Pasayat, J.1. This petition was rergistered on the basis of a letter addresed to the Honourable the Chief Justice of. this Court alleging that at the behest of the Deputy Chief Minister of the State eleven criminal cases were intended to be withdrawn, and this amounted to interference with the judicial process. A copy of Setter from the Under-Secretary to Government, Home (Special Section) Department addressed to the District Magistrate, Jagatsinghpur requiring him to furnish his view was enclosed to the petition along with the letter alleged to have been written by the Deputy Chief Minister.2. In the counter-affidavit filed by the State, it has been stated that Section 321 of the Code of Criminal Procedure, 1973 (in short, the 'Code') lays down the procedure for withdrawal of case, and the allegations are frivolous and motivated as the stage of with drawal has not come and the matter is under consideration on the basis of suggestion given by the Deputy Chief Minister.3. At this jun...
United India Insurance Co. Ltd. Vs. Dura Tendia and ors.
Court: Orissa
Decided on: Mar-06-1997
Reported in: 2(1997)ACC307; 83(1997)CLT800
P.K. Misra, J. 1. In this appeal under Section 173 of the Motor Vehicles Act, 1988, the Insurer has challenged the legality of the award of Rs. 90,000/- passed by the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur, mainly on the ground that the owner of the vehicle involved in the alleged accident had not been impleaded as a party.2. Deceased Gunamanj was going towards Godabhanga on 16.11.1991 on a bi-cycle on Sambalpur-Bargarh road. The truck bearing registration number MSR 8569 came from the opposite direction and dashed against the deceased from the front-side as a result of which the deceased sustained several injuries and died on the spot. The claim application was filed by the mother, wife and two brothers of the deceased claiming Rs. 1,50,000/- as compensation. In the said claim case, present respondent No. 5 was impleaded as opposite party No. 1, whereas the present appellant was impleaded as opposite party No. 2. On consideration of the evidence on record,...
Madhusmita Nayak Vs. Simadri Nayak and anr.
Court: Orissa
Decided on: Mar-05-1997
Reported in: AIR1997Ori162; 84(1997)CLT132
S.N. Phukan, C.J. 1. Decree for dissolution of Marriage passed by Iearned Judge. Family Court, Cuttuck in Misc. Cane No. S9 of 1993 arising out of Civil Proceeding No. 83 of 1993 his come up before this Bench for Confirmation as required under Section 17 of the Indian Divorce Act. 1869 (in short, the 'Act'). 2. Admittedly, parties are Christians and decree for dissolution of marriage can he passed if conditions mentioned in Section 10 of the Act are fulfilled, apart from compliance of Section 11. The provisions run as follows : '10. When husband may petition for dissolution.- Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemaization thereof been guilty of adultery. When wife may petition for dissolution. Any wife may present a petition to the District Court or to the High Court, praying that hermarriage may be dissolved on the ground that since the solemaization t...
Rashtriya Pari Yojana Nirman Nigam Limited Vs. Orissa Water Supply and ...
Court: Orissa
Decided on: Mar-03-1997
Reported in: AIR1998Ori11; 84(1997)CLT104
S.N. Phukan, C.J.1. The present writ petition under Article 226 of the Constitution of India has been filed by the Rashtriya Pari Yojana Nirman Nigam Limited, a company registered under the Indian Companies Act and wholly owned by the Government of India. The Member-Secretary of the Orissa Water Supply & Sewarage Board, opposite party No. 1, issued a notice dated 26-2-1996, vide Annexure-1, calling for detailed tenders from reputed firms/companies having experience in design, construction, testing and commissioning of Water Treatment Plants to be drawn up in lump sum contract form of Orissa Water Supply & Sewarage Board (hereinafter called 'the Board'). The work to beexecuted was 'Design, Construction, Testing & Commissioning of 55 MLD Water Treatment Plant at Rourkala in connection with Water Supply to Rourkala Civil Town'. The Petitioner-company after procuring tender paper on payment of necessary cost submitted its tender before the appropriate authority for the aforesaid work. It h...
Smt. Saraswati Parida and Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-03-1997
Reported in: AIR1997Ori146; 83(1997)CLT743
S.N. Phukan, C.J. 1. By this co'mmon judgment and order, we dispose of both the writ petitions, namely, O.J.C. Nos. 8755 and 11607 of 1996, as the subject-matter in both is same, namely, allotment of 24 hours medical store in the campus of the Community Health Centre at Parjang in the district of Dhenkanal in favour of Smt. Ranjita Das, who is O.P. No. 6 and O.P. No, 4 in O.J.C. nOS. 8755 and 11607 of 1996 respectively. 2. Briefly stated, the facts are as follows : While Smt. Saraswati Parida, the petitioner in O.J.C. No. 8755/96, who was also an applicant for allotment of the aforesaid medical store, has challenged the allotment order made in favour of Smt. Ranjita Das; Smt. Rasmita Sahoo, the petitioner in the other case (O.J.C. No. 11607/96), though not an applicant for the said medical store, has challenged the allotment order, inter alia, on the ground that neither any advertisement was made by the Chief District Medical Officer, Dhenkanal, in two local dailies nor any notice was ...
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