Orissa Court July 2006 Judgments
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Manilal Agrawal Vs. Ghanashyam Das Agrawal and
Court: Orissa
Decided on: Jul-10-2006
Reported in: 2006(II)OLR377
ORDERA.K. Parichha, J.1. The petitioner, who is defendant No. 1 in Title Suit No. 56 of 1997 in the Court of learned Civil Judge (Senior Division), Titilagarh, has filed this revision challenging the legality of the order dated 22.12.2005 passed in that suit on the petition under Order 7 Rule 11(c), C.P.C. filed by the petitioner.2. Opposite party No. 1 as plaintiff the above noted Title Suit No. 56 of 1997 with a prayer for partition of the suit schedule properties. Petitioner-defendant No. 1 filed a petition under Order 7 Rule 11(c), C.P.C. praying for dismissal of the suit for non-filing of proper court-fee, inter alia, indicating that the suit filed by opposite party No. 1 is not a suit for partition simplicitor, but in the guise of a partition suit, prayer has also been made for declaring some sale transactions as void and so ad valorem court-fee is payable and for non-payment of required court-fees, the plaint is liable to be rejected. In support of such plea, the petitioner cite...
Sri Prasanna Kumar Sahu Vs. Dipti Sahu
Court: Orissa
Decided on: Jul-07-2006
Reported in: AIR2006Ori179; 2006(II)OLR176
L. MOHAPATRA, J.1. The appellant is the father of the minor respondent and has filed this appeal against the judgment and order dated 30th November 2004 passed by the learned Ad hoc Addl. District and Sessions Judge Fast Track Court, Baripada appointing Shri Biranchi Narayan Behera, the maternal grandfather of minor-respondent as guardian of minor.2. The appellant had married Kanakalata, daughter of the aforesaid Biranchi Narayan Behera in July, 1998. On 15.6.1999 the minor-child was born and after giving birth to the minor-child, her mother Kanakalata died on 16.6.1999. After death of Kanakalata, her father Biranchi Narayan Behera took the minor-child to his house and since then she has been residing with her maternal grand-father. After death of Kanakalata, the appellant married for the second time and never visited the house of Biranchi Narayan Behera to see his child and accordingly the aforesaid Biranchi Narayan Behera filed an application under Section 7 read with Section 10 of t...
Sayed Mansoor Saheb Peer Bije Mustfapur and ors. Vs. the State of Oris ...
Court: Orissa
Decided on: Jul-07-2006
Reported in: AIR2007Ori31; 2006(II)OLR167
L. Mohapatra, J.1. This writ application is directed against the order dated 20.1.2003 passed by the learned Civil Judge (Jr. Division), Bhadrak in Title Suit No. 174 of 1986-1 and 320 of 2002 rejecting the application for withdrawal of the suit with permission to file a fresh suit as well as the order passed by the revisional authority i.e. the learned Additional District Judge, Bhadrak permitting withdrawal of the suit without giving liberty for filing a fresh suit.2. The plaintiffs are the petitioners before this Court. They had filed the suit claiming their easementary right over the suit property, for correction of the record of right and for permanent injunction. Since two defendants are the State authorities and relief is also claimed against the State authorities, notice under Section 80 C.P.C. was required to be served. Apart from the above, Orissa Wakf Board being a party to the suit, notice was also required to be served on the Wakf Board prior to institution of the suit. Th...
Hindustan Coca-cola Beverages, Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-07-2006
Reported in: 2006(II)OLR235; [2006]147STC676(Orissa)
A.K. Ganguly, J.1. All these writ petitions have been filed claiming that the various assessment orders passed in this batch of writ petitions cannot been forced on the ground that the petitioner was granted Sales Tax exemption by the Industries Department vide its order dated 26th June, 2003 as a Pipe Line Industry.2. These writ petitions were pending in this Court for some time and interim orders have been issued in these writ petitions from time to time and in view of those interim orders the petitioner has not paid the Sales Tax since the withdrawal of exemption of Sales tax has been challenged by the petitioner apart from payments made pursuant to interim directions in the present proceedings.3. On 22nd June 2006 when this batch of writ petitions were taken up for hearing, learned counsel for the petitioner was served in Court with a memo bearing No. 8021 (2) dated 9th June 2006 issued by the Director of Industries, Orissa, in which it was stated that the Government of Orissa has ...
Nilamani Alias Niranjan Biswal and anr. Vs. Krishna Kumar Kamani and o ...
Court: Orissa
Decided on: Jul-07-2006
Reported in: AIR2006Ori182; 2006(II)OLR323
L. Mohapatra, J.1. The judgment-debtors in C.M.A. No. 11 of 2005 pending in the Court of the learned Civil Judge (Senior Division), First Court, Cuttack have filed this writ application challenging the order dated 19.4.2006 passed by the learned Civil Judge rejecting their application filed under Section 47 of the Code of Civil Procedure.2. The judgment-debtors have filed C.S. (I) No. 418 of 2002 in the Court of the learned Civil Judge (Senior Division), First Court, Cuttack for declaration of their title, confirmation of possession over the suit land and for permanent injunction. The opposite parties who are defendants in the suit filed a counter claim seeking for a mandatory injunction. The suit filed by the petitioners was dismissed and the counter claim filed by the opposite parties was allowed by judgment dated 25.8.2004. The aforesaid judgment and decree was challenged in appeal and the appeal was also dismissed. After dismissal of the appeal, no further appeal was carried and ex...
Chatterjee Construction (Engineers and Contractors) Vs. Versatile Cons ...
Court: Orissa
Decided on: Jul-07-2006
Reported in: 102(2006)CLT580; [2007]139CompCas94(Orissa); [2007]75SCL520(NULL)
M.M. Das, J.1. This is an application under Section 433 and 434 of the Companies Act, 1956 (hereinafter referred to as 'the Act') for winding up of the opp. party-company, M/s. Versatile Construction (P) Ltd. (hereinafter referred to as 'the Company').2. It is stated in the petition that the opp. party-company entrusted the petitioner with the construction work of the multi-storied apartment in the name and style of 'Satyasai Apartment' at Lewis Road, Bhubaneswar and for this purpose, the parties entered into an agreement on 14.12.1998 containing the terms and conditions agreed to between them for execution of the above work. The petitioner claimed to have executed various works entrusted to it under the said agreement by investing huge amount of money and submitted number of bills to the opp. party-company for the works done. It is alleged in the petition that the running bills of the petitioner were not paid in time and further, the dues of the petitioner, which the opp. party-compan...
Shivalik Motors Limited Vs. Bharat Motors Limited
Court: Orissa
Decided on: Jul-07-2006
Reported in: 102(2006)CLT762; [2008]143CompCas462(Orissa)
M.M. Das, J. 1. In this application under Sections 391 and 394 of the Companies Act, 1956, a sanction of the scheme of arrangement for amalgamation has been sought for.2. By order dated 21.4.2006, after hearing the company petition, this Court directed to advertise the petition in the newspapers, i.e., 'The New Indian Express' and 'The Samaja', fourteen days before 12.5.2006 to which date, the case was fixed. It was further directed to serve a copy of the petition as per Section 394A of the Companies Act, 1956 on the Regional Director, Department of Company Affairs, Central Government, which is a necessary party, for obtaining the opinion of the Regional Director and the Official Liquidator was also asked to submit a report before this Court by the aforesaid date. On 19.5.2006, when the matter was taken up, the Registrar of Companies representing the Regional Director produced a copy of the letter of the Regional Director wherein, objections were raised to paragraph-10 of the scheme of...
Nimai Ch. Tandi S/O. Late Remeswar Tandi Vs. State of Orissa Represent ...
Court: Orissa
Decided on: Jul-07-2006
Reported in: 104(2007)CLT233
I. Mohanty, J.1. The matter was not in the list today. But on being mentioned, and on the consent of the learned Counsel for the parties, the matter is taken up for hearing and final disposal.2. Heard Shri H.S. Mishra, learned Counsel for the Petitioner, Shri D.K. Nanda, Learned Addl. Government Advocate for the State and Shri D.K. Joshi, learned Counsel appearing for the caveator, Opposite Party No. 103. This Writ Petition has been filed by the Petitioner challenging a notice dated 1.7.2006 (Annexure-3) issued by the Office of the Collector and District Magistrate, Nuapada, for holding a special meeting by the councillors of Khariar N.A.C. By the said notice it is made clear that the meeting has been fixed today (7.7.2006)at 11.00 A.M. to record the vote of 'no confidence' by means of secret ballots as provided under Section 54(2)(e) of the Orissa Municipal Act, 1950 (hereinafter referred to as 'the Act').4. From the documents which have been annexed to this Writ Petition, it appears ...
Nabakishore Jena Alias Naba Kumar Das Vs. Union of India (Uoi) and ors ...
Court: Orissa
Decided on: Jul-06-2006
Reported in: 2006(II)OLR463
I.M. Quddusi, J.1. Heard Mr. P. K. Khuntia, learned Counsel for the petitioner, Mr. Ashok Patnaik, learned Central Government Counsel appearing for the opposite parties 2 to 4 and Mr. D. N. Mohapatra, learned Counsel appearing for the opposite party No. 5.2. Since the Central Administrative Tribunal (O.P. No. 1) is not a necessary party, it is deleted from the array of the parties.3. This writ application has been filed against the impugned judgment and order dated 7.10.1999 passed by the Central Administrative Tribunal, Cuttack, Bench, Cuttack in O.A. No. 523 of 1992.4. The brief facts of the case are that the petitioner as well as opposite party No. 4 with other candidates applied for the post of Extra Departmental Branch Post Master (EDBPM), Mahagaba Branch Post Office under Balasore Division. The eligibility criteria for selection of the candidates for consideration in respect of the said post was as under:The candidate must(i) have passed Matriculation or equivalent examination;(i...
The Indure Limited Vs. Commissioner of Sales Tax and ors.
Court: Orissa
Decided on: Jul-04-2006
Reported in: 102(2006)CLT309; 2006(II)OLR154; [2006]148STC61(Orissa)
A.K. Ganguly, J.1. The subject matter of challenge in this writ petition is the initiation of a reassessment proceeding by the Sales Tax Officer (hereinafter called, 'S.T.O.-') by a notice dated 23.9.98 purported to have been issued under Section 12(8) of Orissa Sales Tax Act (hereinafter referred to as 'O.S.T. Act'). The impugned notice was issued in a statutory form, being Form VI under Orissa Sales Tax Rules (hereinafter referred to as the 'O.S.T. Rules'). The material part of the recital contained in the said notice is as follows :-FROM VINotice to a dealer under Sections 11(1) and 12(5), 12(8) of the Orissa Sales Tax Act. The Indure Ltd., (dealer)Banoharpali (address)Whereas it appears to me that your gross turn over in the year immediately preceding the commencement of the Orissa Sales Tax Act 1947 during the period not exceeding 12 months ending on...has exceeded 25,000 but that you have nevertheless without sufficient cause failed to apply for registration under Section 9 of th...
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