Orissa Court November 2000 Judgments
Kalijai Primary Fisherman Co-operative Society Ltd. and Another Vs. th ...
Court: Orissa
Decided on: Nov-07-2000
Reported in: 91(2001)CLT6
P.K. Mohanty, J. 1. The petitioner Kalijai Primary Fisherman Co-operative Society Limited and its Secretary have filed this writ application for quashing the order dated 10-7-1997 passed by the Assistant Registrar of Co-operative Societies (FY), Chilika Circle, Annexure-5 directing winding up the petitioner No. I society and appointing a Liquidator, opp. party No. 2 The order has been passed by opp. patty No. 1 in purported exercise of the powers conferred under section 72 of the Orissa Co-operative Societies Act, 1962. 2. The substantial ground on which the impugned order in Annexure-5 is challenged is that the order passed by the Assistant Registrar (FY) is without jurisdiction since the power conferred under section 72 of the Act was withdrawn by the Government in tbeir notification dated 10-7-1993, a copy of whicih is Annexure-10. - The petitioners contention is that the power of the Assistant Director, Fisheries under section 72 of the Act had been withdrawn by the State Governmen...
Tag this Judgment!M/S Sarv Vyapi Agro Mills (P) Ltd. Vs. Jogesh Chandra SwaIn and Anothe ...
Court: Orissa
Decided on: Nov-07-2000
Reported in: 91(2001)CLT27; 2001(I)OLR21
P.K. Mohanty, J. 1. Both the Criminal Revision arise out of the orders of the learned Sub-Divisional Judicial Magistrate (Sadar), Cuttack in rejecting the petitioner's application under section 11(5)(a)(iv) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'.) since common questions of fact and law are involved in both the Revision applications, with the consent and on agreement with the parties, they are heard analogously and disposed of by this common judgment. 2. The short facts of the petitioner's case is that on 1-9-1998, while the oil tankers carrying mustard oil were enroute from Alwar (Rajasthan) to M/s. Gulap Trader, Malgodown, Cuttack and Mahabir Oil Refineries, Jagatpur, Cuttack, the Food Inspector of Cuttack Municipality intercepted the oil tankers and seized the entire stock of mustard oil along with the relevant documents accompanying the tankers from respective drivers suspecting the mustard oil to be adulterated. He collected the sampl...
Tag this Judgment!Durga Films and Traders (P) Ltd. Vs. District Magistrate-cum-collector ...
Court: Orissa
Decided on: Nov-07-2000
Reported in: 91(2001)CLT132
P.K. Mohanty, J.1. The petitioner 'Durga Films & Traders (P) Ltd.' assails the order of the District Magistrate, Cuttack dated 8-6-1994 refusing reduction of number of seats in its Cinema Hall with effect from the date of application and for exemption of entertainment tax in view of the reduced seat, while allowing reduction from the date of passing of the order under Annexure-7. The prayer of the petitioner is that, it should be allowed reduction in the sitting capacity with effect from 11-9-1989, the date of first application and for quashing the Certificate Case Nos. 41 and 42 of 1994 for realisation of arreat entertainment taxes.2. The short fact of the petitioner's case is that it is a private limited company engaged in business of exhibition of films in its hall 'Durga Talkies' at Cuttack. On 11-9-1989, it made an application to the District Magistrate, the Licensing Authority under the Orissa Cinemas (Regulation) Act, 1954 for allowing reduction of the sitting capacity from 1199...
Tag this Judgment!Sri Surendra Kumar Ray and Others Vs. Chairman, Steel Authority of Ind ...
Court: Orissa
Decided on: Nov-07-2000
Reported in: 91(2001)CLT352
P.K. Mohanty, J.1. In the present writ application thePrtitioners have prayed for a direction to the opp. parties 1 to 4to take over the D. A. V. Bolani School to the management ofthe SAIL in accordance with the provisions of section 6 of theBolani Ores Limited (Acquisition of Shares) and MiscellaneousProvisions Act, 1978 with effect from 1-1-1979 instead of1-1-1991.2. The brief facts, of the petitioners' case is that Bolani Ores Limited, a company registered, under the Companies Act, 1956 was established in the year 1957. The opp. party No. 1, Steel Authority of India' Ltd. was holding 50.5% of the share of the said Bolani Ores Limited, The Bolani Ores Limited in order to provide educational facilities for the children of its employees as an amenity, established an Upper Primary School at Bolani in the district of Keonjhar. .Since the company failed to manage the school properly and wanted upgradation of the school and to start an English Medium School, it decided to hand over the adm...
Tag this Judgment!Nilamani Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Nov-07-2000
Reported in: 2001CriLJ2740; 2000(II)OLR708
B.P. Das, J.1. This is an application under Section 482 of the Code of Criminal Procedure, with a prayer to quash the proceeding initiated under Section 7 of the Essential Commodities Act against the petitioner in 2(c)c case No. 1-A of 1990 pending in the Court of Special Judge-cum-Sessions Judge, Bolangir.2. The brief facts leading to this application are that on 2.12.1988 at village Badkarli, near Rampur Police Station in Bolangir district, a truck bearing registration No. ORS 6755 was found transporting 120 bags of paddy weighing about 90 quintals by the Inspector of Supplies of Bolangir District. The driver of the truck Rajkishore Gadnayak produced a transit permit before the Enforcement Squad showing that the paddy was being transported from Hirmunda of Sambalpur district to Nalini Rice Mill at Baijamunda of the same district. The present petitioner was the owner of the said rice mill. It is contended that the present petitioner Nilamani Pradhan, who was the owner of the paddy was...
Tag this Judgment!Sri Hemanta Kumar Jena Vs. Smt. Bhaktilata Jena
Court: Orissa
Decided on: Nov-03-2000
Reported in: 91(2001)CLT126
Pradipta Ray, J.1. The appellant-husband filed a petition u/s. 13 of the Hindu Marriage Act, 1956 for a decree of divorce against the respondent-wife. The said application was dismissed by the judgment and decreee dated April 17, 1997 passed by the Judge, Family Court, Cuttack. The husband has filed this appeal against the aforesaid judgment and decree of the Family Court.2. The appellant sought divorce against the wife-Respondent on the ground of mental cruelty and desertion without any reasonable cause. The case of the husband-appellant, inter alia, is :The appellant married the respondent on February 8, 1981. Soon after the marriage the respondent came to the appellant's family. The respondent was always insisting that the appellant should stay away from his parents and live with the wife alone. As the appellant did not agree to the said suggestion, the respondent re-acted violently on the ' Dasahara Day' of 1986, misbehaved with the appellant, threw utensils and glasses and left th...
Tag this Judgment!Orissa State Road Transport Corporation Employees' Association of Unio ...
Court: Orissa
Decided on: Nov-03-2000
Reported in: (2001)ILLJ927Ori
L. Mohapatra, J. 1. The petitioner in O. J. C. No. 6448 of 1997 is a trade union of employees of the Orissa State Road Transport Corporation (hereinafter referred to as 'the Corporation'), petitioners in O. J. C. Nos. 6236, 6238, 6243, 6249, 6253 and 6743 of 1999 were working as Traffic Inspectors and the petitioners in rest of the cases were working as Station Masters under the Corporation. They have challenged the respective ciders of termination of their services individually and also through the Association in different writ applications. Since the questions raised in all the cases are the same, all the writ applications are disposed of by this common judgment.2. The case of the petitioners is that they were appointed in the Corporation in differerent capacities at the time of entry into service and after working for about 12 to 14 years, their services have been terminated when they were holding the posts, such as Station Master and Traffic Inspector.3. Shri B.B. Mohanty, learned ...
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