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Orissa Court August 2004 Judgments

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Aug 04 2004

Kedarsons Vs. Sales Tax Officer and ors.

Court: Orissa

Decided on: Aug-04-2004

Reported in: [2006]146STC49(Orissa)

A.K. Patnaik, J.1. The petitioner is a partnership firm and was initially carrying on business of selling ready made garments, sarees, etc,, at Nayasarak, Cuttack, in the name 'Jayanarayan Kedarnath' and was issued with a registration certificate under the Orissa Sales Tax Act, 1947 (for short, 'the Act') bearing No. CU-IW-472. With effect from June 1, 1979 the name of the firm was changed to 'JAYKAY'. Thereafter with effect from June 22, 1982 the place of business of the petitioner-firm changed from Nayasarak to Dolamundai. On July 12, 1984 the petitioner applied for amendment of the registration certificate so as to change the name of the business to Kedarson and the said amendment was allowed. In the meanwhile, during 1983-84 the petitioner continued to carry on business in the name JAYKAY and not in the name of Kedarson at Dolamundai, Cuttack.2. The petitioner filed returns under the Act and the Orissa Sales Tax Rules, 1947 (for short, 'the Rules') before the Sales Tax Officer, Cut...


Aug 03 2004

Regional College of Physical Education Vs. Director of Higher Educatio ...

Court: Orissa

Decided on: Aug-03-2004

Reported in: AIR2005Ori44; 98(2004)CLT430

P.K. Mohanty, J.1. The petitioner, Regional College of Physical Education, assails the order dated 20.5.2002 (Annexure-8) of the National Council of Teachers Education, Eastern Regional Committee, rejecting its application for according recognition to CPEd course (Annexure-8) and BPEd course (Annexure-15) conducted by it on the ground that in view of the provision of Section 7-E of the Orissa Education Act no permission can be accorded by the State Government for establishment of a Private Training College or a Secondary Training School for physical education.2. The brief fact of the case is that 'Regional College of Physical Education' was established in the year 2001 and permission from the Government was sought for, for opening of CPEd. and BPEd courses with 100 seats each for the session 2001 -2002. The Director, Higher Education on behalf of the State Government vide Office Order dated 5.7.2001, copy whereof is Annexure-1, granted permission for the opening of the courses. Opposit...


Aug 03 2004

Bharat Chandra Khillar Vs. General Manager, Bank of India and ors.

Court: Orissa

Decided on: Aug-03-2004

Reported in: 98(2004)CLT389; (2004)IIILLJ1084Ori

Pradip Mohanty, J.1. The petitioner calls in question continuation of the departmental proceeding in terms of charge-sheets dated 12.8.1986 and 7.8.1997 and has prayed for quashing the same.2. The petitioner, after being selected, initially joined as sub-staff under the opposite parties on 1.2.1974 and was promoted to the clerical grade on 15.2.1980. Thereafter, he was also promoted to the post of Cashier-cum-Accounts Clerk. In 1985, when the petitioner was working as Cashier-cum-Clerk in Bangiriposi branch of the Bank of India, a case was initiated against him on the allegation that he gave a pay slip of Rs. 1,000/- of Motigaanj Branch to M/s. Anchal Cloth Store and took four sarees. The Bankers cheque bearing No. 0003355 was accepted by the owner of the shop Sri Om Prakash Maheswari and the same was deposited in the Allahabad Bank, Balasore for collection through Bangiriposi Branch. Subsequently, it was detected that a cheque book containing 25 cheques including the above cheque was ...


Aug 03 2004

Susanta Kumar Pathy Vs. State Represented by Secretary, Ministry of Fe ...

Court: Orissa

Decided on: Aug-03-2004

Reported in: 98(2004)CLT361; (2005)ILLJ160Ori

Pradip Mohanty, J.1. In this writ petition, the petitioner assails the order under Annexure-2 terminating his services.2. The petitioner was appointed as a PGT in Physics in DAV Public School, PPL, Paradeep, by order dated 12.7.1996 under Annexure-1. From Annexure-1 it would appear that the petitioner was appointed on probation for a period of one year, on successful completion of which his services would be confirmed in writing. After completion of one year, the authorities extended the services of the petitioner by one year, which would be evident From Annexure-A to the counter affidavit filed by the Principal, DAV Public School. While the petitioner was continuing during the extended probation period, his services were terminated by order in Annexure-2 stating therein that the services of the petitioner were no more required after 30.5.1998. This order has been assailed in the writ petition.3. A counter affidavit has been filed by opposite parties 2 and 3 stating that there were com...


Aug 03 2004

Naren Singh Tiria Vs. Chief General Manager, S.B.i. and ors.

Court: Orissa

Decided on: Aug-03-2004

Reported in: (2005)ILLJ446Ori

Pradip Mohanty, J.1. This is an application under Article 226 of the Constitution of India with a prayer to stay the departmental proceeding initiated against the petitioner till the disposal of the criminal proceedings. According to the petitioner, two criminal cases, i.e., G.R. Case No. 498 of 2000 and G.R. Case No. 495 of 2000, for the offences under Sections 468, 471, 420 and 511, IPC and under Sections 468, 471, 420 read with Section 34, IPC respectively, have been instituted against him and are pending in the Court of the SDJM, Baripada. The petitioner contends that on the self-same allegations as in the criminal cases, a departmental proceeding pursuant to charge-sheet under Annexure-4 series has also been initiated. According to the petitioner, if the departmental proceeding is allowed to continue, his defence in the criminal case is likely to be disclosed for which he is likely to be seriously prejudiced inasmuch as the same shall affect the criminal trial.2. The Bank has file...


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