Orissa Court July 2003 Judgments
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Nicco Corporation Ltd. Vs. Additional Commissioner of Commercial Taxes ...
Court: Orissa
Decided on: Jul-18-2003
Reported in: 96(2003)CLT285; [2004]134STC314(Orissa)
P.K. Misra, J.1. In this case, the judgment was delivered on 16.5.2003 by quashing the impugned order dated 11.12.2000 passed by the Additional Commissioner of Commercial Taxes, South Zone, Berhampur in Annexure-7, as well as the order dated 7.4.2001 passed by the Sales Tax Officer, Koraput-I Circle, Jeypore in Annexure-5 to the writ petition, and directing that the registration certificate of the petitioner would stand rectified by including the goods mentioned in the application for registration in Annexure-1 series for re-sale and use for execution of works contract under Col. No. 16(a)(b) of the registration certificate with effect from 23.10.1998, i.e., the date from which the registration certificates were made effective. Now, we give the detailed reasons for the aforesaid conclusion reached by us.2. The petitioner is a dealer executing works contract. It applied for registration certificates both under the Orissa Sales Tax Act (for short, 'the Orissa Act') and the Central Sales ...
Sri Sunanda Nayak and anr. Vs. Divisional Manager, Oriental Insurance ...
Court: Orissa
Decided on: Jul-16-2003
Reported in: II(2004)ACC72; 2005ACJ1041; 96(2003)CLT515
B.P. Das, J.1. This appeal is at the behest of the claimants with a prayer for enhancement of the compensation awarded by the learned District Judge-cum-M.A.C.T., Phulbani in M.A.C. No. 54 of 1995.2. The brief fact leading to this appeal, as transpires from the appeal memo as well as the judgment so impugned, is that on 30,7.1995 at about 10.30 A.M. while Jhuhu, a boy aged about 10 years, was going on the public road in village Kanabangar, a Tempo Trax bearing registration No. OR-07-A-0227 being driven in a rash and negligent manner ran over the boy from behind causing his instantaneous death. The unfortunate father and mother of the child filed claim application under Section 166 of the M.V. Act, 1988 before the Tribunal.3. The Tribunal framed as many as five issues and on the basis of the oral and documentary evidence came to hold that the death of the deceased occurred due to the rash and negligent driving of the driver of the Tempo Trax and that the vehicle was duly insured with th...
Madhu Sudan Panda and After Him Mukta Devi and ors. Vs. the Commission ...
Court: Orissa
Decided on: Jul-16-2003
Reported in: 2004(I)OLR72
B.P. Das, J.1. The plaintiff is in appeal against the judgment and decree passed by the subordinate Judge, Berhampur, dismissing T. S. No. 20 of 1973.During the pendency of this appeal, appellant-Madhusudan Panda having died, his legal heirs have been substituted in his place as appellant Nos. 1 (a) to (e).2. The plaintiff brought the aforesaid suit praying for a decree (i) declaring that the suit property was not the public trust but the personal property of Mahant Maitheli Priya Das Goswami and that even otherwise, the transfer of the said property in favour of the plaintiff was for legal necessity and as such binding on defendant Nos. 5 and 6, and defendant No. 1 could not take action under Sections 19 and 25 of the Orissa Hindu Religious Endowments Act, 1951; (ii) granting permanent injunction restraining the defendants from interfering with the possession of the plaintiff; (iii) granting injunction restraining defendant No. 3; and to grant cost of the suit. During the pendency of ...
Tamalamani Mohapatra Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Jul-15-2003
Reported in: 2003(II)OLR179
ORDER1. Heard learned counsel for the parties.2. The petitioner asserts to have worked as a Non-Formal Instructor/Supervisor under the Non-Formal Education Scheme which has since been discontinued by the Government and in its place, a new scheme called E.G.S. and A.I.E. scheme has been introduced. Under the new scheme, according to the Government instruction/guidelines, the retrenched, N.F.E. Instructors/Supervisors are to be given preference in appointment/engagement of Education Volunteers (Swachhasevi Sikshya Sahayaks). But it is alleged that instead of following the instructions and giving preference to the petitioner, the opposite party-authorities under the Scheme have proceeded with the appointment/appointed persons of their choice, which is illegal, arbitrary and liable to be quashed. The petitioner appears to have made a representation to the Collector of the District raising such grievances but it is yet to be attend to.3. In such view of the matter, we feel it appropriate th...
Surmani Raghunath Panigrahi and ors. Vs. Orissa Sangeet Natak Akademi ...
Court: Orissa
Decided on: Jul-11-2003
Reported in: 96(2003)CLT218
L. Mohapatra, J.1. The petitioners are eminent artists and Art lovers in different fields 6f Art; they have filed this writ application for declaration that the decision taken by the President of Orissa Sangeet Natak Akademi to confer awards in the category of Odissi Dance and Sugam Sangeet for the year 2001 is illegal and Without observing due process of rules, the other prayers Of the petitioners is for a direction to the State Government to intervene and review affairs of the Akademi and insist the authorities to adopt past practice and function as per the prescribed rules in the matter of selection of awardees.2. Orissa Sangeet Natak Akademi is promoted by the State Government and, managed with the assistance of office bearers such as, President, Vice President, Secretary and the members chosen from different cultural institutions spread all over the State. It has its own constitution which provides for General Council as well as Executive Body and, Finance Committee who manage day...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Nirupama Mallick a ...
Court: Orissa
Decided on: Jul-09-2003
Reported in: II(2004)ACC50; 2005ACJ1321; 2003(II)OLR189
P.K. Misra, J.1. This appeal arises out of the order dated 31.10.2002 passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack, in W.C. Case No. 735-D/99. Originally, the aforesaid case was disposed of by the Commissioner by his order dated 02.08.2000. awarding a sum of Rs. 1,60,641/- in favour of the claimants, who are respondents 1 to 3 in the present case. Thereafter, the appellant-Insurance Company filed a petition before the Commissioner to recall the said order on the ground that the claimants by suppressing material facts committed fraud on the proceedings. However, the Commissioner by order dated 19. 11 .2001 refused to recall his previous order on the ground that he was not vested with power of review. Against the said order dated 19.11.2001, the Insurance Company filed a writ petition, being O.J.C. No. 1982 of 2002. before this Court, which was disposed of by judgment dated 21.08,2002 by quashing the award and remitting the matter back ...
Dabur India Ltd. Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Jul-04-2003
Reported in: 96(2003)CLT222; [2004]135STC187(Orissa)
R. K. Patra, J. 1. The short question that arises for consideration in these writ petitions is whether sale of 'Lal Dantmanjan' (Red Tooth Powder) is to be taxed under item No. 37 or under residual item 105. These cases have a chequered career.2. The above three matters being analogous and as the question involved is the same, they were heard together and are disposed of by this common judgment.3. The petitioner is a limited company registered under the Companies Act, 1956 having its registered office at New Delhi and administrative offices at different places all over India. The petitioner manufactures Ayurvedic medicines, pharmaceutical medicines and medicated toilet goods and effects sale of such products at different branches including its branches in Orissa. It also receives those products from different manufacturing units by way of branch transfer of stock on the strength of declaration Form-F. It has O.S.T. Registration Certificate No. CU II 4538.4. O.J.C. No. 11356 of 1997, 11...
Narahari Rout and Adikanda Rout and Gagana Chandra Mallick Vs. State o ...
Court: Orissa
Decided on: Jul-04-2003
Reported in: 96(2003)CLT269; 2003(II)OLR277
L. Mohapatra, J. 1. Both the above applications have been filed under Section 438 of the Criminal Procedure Code for grant of anticipatory bail. Both the applications also arise out of respective complaint cases where cognizance has been taken. Question that arises for consideration is whether an application for anticipatory bail under Section 438, Cr.P.C. shall be maintainable after cognizance of non-bailable offence is taken and process is issued.2. This Court in the case of Mohan Behera and two Ors. v. State, reported in 59 (1985) CLT 110 dealt with the question raised and decided as follows :'It would be seen that Section 438 of the Code envisages three stages, Sub-section (1) enables a person for making an application for anticipatory bail when he reasonably apprehends his arrest in respect of accusation of commission of a non-bailable offence. Sub-section (2) enumerates the conditions, which may be imposed by the Court while making an order under Section 438(1). Sub-section (3) p...
Orissa Small Scale Industries Association and anr. and Orissa Young En ...
Court: Orissa
Decided on: Jul-04-2003
Reported in: 96(2003)CLT364; 2003(II)OLR334
A. K. Patnaik, J. 1. In these two writ petitions, the four associations, namely, Orissa Small Scale Industries Association, Utkal Chamber of Commerce and Industry Limited, Orissa Young Entrepreneurs Association and Orissa Assembly of Small and Medium Enterprisers have challenged the decision of the State Government in the School and Mass Education Department to place orders for purchase of compact Desk-cum-Bench (dual desk) with organisations other than those who are rate contract holders under the State Government. Their case in the writ petitions is that in the Industrial Policy Resolution, 2001 (for short, 'the I.P.R.') of the Government of Orissa, it is clearly stipulated in paragraph 24.5 that the State Government Departments and agencies under the control of the State Government will purchase the rate contract items from the rate contract holder/ small scale industry at the price fixed without inviting tenders. Their further case in the writ petition is that in Appendix-6 of the ...
Rajayya Bosi Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jul-03-2003
Reported in: 96(2003)CLT230; 2003(II)OLR211
R.K. Patra, J.1. In this writ petition the legality of the order dated 26.2.1998 made by the Central Administrative Tribunal in Review Application No. 54 of 1994 is under challenge. Following are the two points which arise for consideration :(i) Has the Central Administrative Tribunal jurisdiction to condone delay if the review application is filed beyond the prescribed period of limitation ?(ii) What is the extent of review power exercisable by the Central Administrative Tribunal under Rule 17 of the Central Administrative Tribunals (Procedure) Rules, 1988.2. A brief resume of facts is necessary to appreciate the above points raised on behalf of the petitioner. The petitioner filed O.A. No. 577 of 1992 before the Central Administrative Tribunal, Cuttack Bench (hereinafter referred to as 'the Tribunal') claiming promotion to the post of Assistant Superintendent of Post-offices with effect from 1984 when his juniors were given promotion. His case before the Tribunal was that during the ...
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