Orissa Court September 2004 Judgments
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Shree Jagannath Packers and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-14-2004
Reported in: [2005]141STC26(Orissa)
A.K. Patnaik, J.1. This batch of writ petitions relate to withdrawal of sales tax incentives granted by the State Government of Orissa under different Industrial Policy Resolutions (in short, 'IPR'). Since common questions of fact and law arise in these writ petitions, they were heard analogously and are being disposed of by this common judgment.Facts of individual cases as stated in the writ petitions:2. O.J.C. No. 9967 of 1999 (Petitioner--Shree Jagannath Packers) :By IPR, 1989 the Government of Orissa declared, inter alia, that exemption will be allowed to new small-scale industrial units set up in the State of Orissa from tax on purchases of spare parts of machinery, raw materials and packing materials and on sale of finished products for a period of 7 years from the date of commencement of commercial production. This was followed up by Finance Department notifications under the Orissa Sales Tax Act, 1947 granting the said exemptions. Encouraged by the said declaration, the petitio...
Noble Resources Ltd. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-14-2004
Reported in: 99(2005)CLT737
L. Mohapatra, J.1. The petitioner has filed this Writ Application for the following reliefs :*** *** ***'(b) issue a writ of mandamus and any other appropriate writ, order or direction to the Opposite Party No. 2 directing it to comply with the terms of its promise to forthwith supply the remaining 60,000 MT (= 10%) of 'B' grade Iron ore fines and 120,000 MT ( 10%) of 'A' grade Iron ore fine to the petitioner in accordance with the terms and at the price promised in the contract without any further delay;(c) issue any other appropriate Writ, order or direction as may be deemed fit and proper in the bona fide interest of justice; and(d) pass such further and other orders so as to give complete justice to the petitioner inter alia by allowing the Writ Application with exemplary cost....' 2. The petitioner is a company incorporated in Hong Kong with its registered office at Hong Kong and it is a part of Noble Group Limited. Its core business is physical merchanting of a broad selection of...
The Management of Topb, the Oberoi Palm Beach Hotel Vs. the Presiding ...
Court: Orissa
Decided on: Sep-13-2004
Reported in: 99(2005)CLT121; [2005(104)FLR791]; (2005)IILLJ501Ori
A.K. Patnaik, J.1. This is an application for review of the judgment dated 6.1.2003 passed in OJC No. 7520 of 2001.2. The brief facts of the case are that the petitioner was carrying on business of hotel in the name and style of 'Oberoi Palm Beach' at Gopalpur in the district of Ganjam. The Opp. Party No. 2 was employed in the said hotel and his service was terminated on 15.12.1993. An industrial dispute was raised on account of the said termination of service of the Opp. Party No. 2 and a reference was made to the Presiding Officer, Labour Court, Jeypore-Koraput under Section 12(5) of the Industrial Dispute Act, 1947 by the Government of Orissa in the Labour and Employment Department in their memo dated 26.8.1995 as to whether the termination of the service of the Opp. Party No. 2 by the Management of Oberoi Palm Beach, Gopalpur-on-Sea with effect from 15.12.1993 was legal and/or justified and if not to what relief the Opp. Party No. 2 was entitled The said reference was numbered as I...
Ashok Kumar Mallik Vs. State of Orissa
Court: Orissa
Decided on: Sep-09-2004
Reported in: 98(2004)CLT473:AIRSCW5511:2009(5)LHSC3158:2009(10)Scale546
ORDERM.M. Das, J. 1. Heard learned counsel for the petitioner and the learned Addl. Standing Counsel.2. This application for bail has been filed by the petitioner, who is a constable of police. Accusation of commission of offence under Section 376(2)(g), IPC is made against the petitioner and other co-accused persons.3. It is alleged by the prosecution that on 6.6.2004 at about 9.00 P.M. the victim lady, namely, Sanjukta @ Sukanti Sethi @ Basanti Dei of village Ichhapur under Baramba Police Station in the district of Cuttack was waiting near 'Bhartia Towers, Badambari, Cuttack' to go to her relative's house, namely Raj Sethi, who is alleged to be serving in the Police Traffic Department as a constable. At about 9.30 P.M. two persons in a motor bike came near to her and enquired as to why she is waiting there. On her disclosing that she has to go to her relative's place, the said two persons enticed her and created faith in her that if she accompanies them they will leave her in her rel...
Parameswar Panda Vs. Adikanda Panda and ors.
Court: Orissa
Decided on: Sep-01-2004
Reported in: 98(2004)CLT481
A.S. Naidu, J. 1. The moot question which needs determination in this Writ Petition is whether a person who is not a party to a suit but has purchased certain property after the preliminary decree was passed in the suit for partition can be impleaded as a party in the final decree proceeding.2. The short facts of the case are that the present Opp. Party No. 1 had filed title Suit No. 12 of 1990 for partition in the Court of the Civil Judge (S.D.), Balasore. Judgment and preliminary were passed in the suit on 16.11.1992 and 28.11.1992 respectively declaring the shares of the plaintiff and the defendants. Since the parties could not amicably partition the property as per the preliminary decree, the plaintiff initiated final decree proceeding. While the matter stood thus, the present petitioner claiming to have purchased some land from Anadi Panda, a co-sharer (original defendant No. 1, since deceased) by a registered sale deed dated 6.1.1995 filed an application in the final decree proce...
Bisikesan Pujari Vs. the State of Orissa
Court: Orissa
Decided on: Sep-01-2004
Reported in: 98(2004)CLT537
P.K. Tripathy, J.1. Appellant has preferred this appeal as against the order of conviction under Section 302 of the Indian Penal Code (in short, 'IPC') passed on 2.5.1998 by learned Additional Sessions Judge, Rayagada in Sessions Case No. 5 of 1997 (Original S.C. No. 375 of 1995 of the Sessions Judge, Koraput, Jeypore). It appears from the impugned judgment that learned Additional Sessions Judge found the appellant guilty under Section 302, IPC and sentenced him to undergo imprisonment for life.2. Before dealing with the contentions of the parties, we may put in short the fact involved in the case. Muka Naik, the deceased, was found dead on the PWD Road on 20.8.1995 due to some bleeding injury on his head, P.W. 1 Suresh (a son of the deceased) and P.W. 2, Mani Khora (a co-villager) while returning from a neighbouring village, viz. Sankarda, saw the dead body and intimated the fact to the wife and other family members of the deceased. Not only the inmates of the house but also son-in-la...
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