Orissa Court February 2008 Judgments
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Dr. Trinath Rajguru Vs. the State
Court: Orissa
Decided on: Feb-18-2008
Reported in: 2008(1)OLR519
ORDERR.N. Biswal, J.Even though the case was listed to date for admission, on the request and consent of learned counsel for both the parties, it is taken up for final disposal.Heard Mr. P.C. Chhinchani, learned counsel for the petitioner and Mr. Swain, learned Addl. Government Advocate representing the State. The petitioner has challenged the legality and propriety of the order dated 25.3.2003 passed by the learned S.D.J.M., Gunupur in G.R. Case No. 291 of 2001, wherein he took cognizance of the offence punishable under Section 304A of I.P.C.1. Succinctly stated, the prosecution is that on 16.8.2001, while the informant and his wife Ramita Kumari Sethi were coming from Ramguda to their native village, in the district of Kendrapara, on the way at Gunupur, the latter complained pain in her stomach and as such, she was immediately taken to the clinic of the petitioner, a doctor at Gunupur and on examination, it was detected that she was carrying 8/9 months of pregnancy. Petitioner treate...
In Re: Reliance Industries Limited and ors. Etc., Etc.
Court: Orissa
Decided on: Feb-18-2008
Reported in: 2008(I)OLR620; (2008)16VST85(Orissa)
I.M. Quddusi, J.1. In these writ petitions, the petitioners have interalia challenged the validity of Orissa Entry Tax Act, 1999 (Orissa Act 11 of 1999). The Act was enacted by the State Legislative under Entry 52 of List-II of 7th Schedule to the Constitution of India, which came into force with effect from 1.12.1999. Earlier a batch of writ petitions was filed before this Court challenging the validity of the Act. This Court declined to strike down the Act as ultra vires with the following directions.(1) Unless the basic ingredients, i.e. Entry of scheduled goods for the purpose pf consumption, use or sale into a local area of the State are satisfied, the provisions of the Orissa Entry Tax Act, 1999 shall not be attracted;(2) The goods which enter into a local area/areas only for the purpose of transit will not be subject to entry tax; and(3) Every manufacturer of scheduled goods under Section 26 of the Orissa Entry Tax Act shall collect by way of Entry Tax amount equal to the tax pa...
Prassana Bhabasagar Vs. Executive Engineer, M.i. Division and anr.
Court: Orissa
Decided on: Feb-18-2008
Reported in: IV(2008)BC137; 106(2008)CLT67; 2008(I)OLR750
I.M. Quddusi, J.1. In this writ petition filed by the petitioner who was a participant in the tender proceedings for execution of F.D.R. to Dumduma MIP in Boudh Block, the petitioner has prayed for quashing of the work order issued to opposite party No. 2 Saroj Kumar Nayak rejecting tender papers of the petitioner.2. The brief facts of the case are that the tender for the work of F.D.R. to Dumduma Minor Irrigation Project in Boudh Block in Boudh district was invited vide notice No. 3567 dated 24.10.2006 by the Executive Engineer, Kandhamal M.I. Division, Phulbani (opp. party No. 1) fixing the date of sale and receipt of tenders from 13.11.2006 to 16.11.2006 up to 5 P.M. in the office of the Assistant Engineer concerned, Executive Engineer concerned and Superintending Engineer, Southern Minor Irrigation Circle, Berhampur respectively. The date of opening of tenders was fixed to 18.11.2006 at 11 A.M. in the office of the Executive Engineer, Kandhamal Minor Irrigation Division, Phulbani (...
Prity Industries and Shyam Sundar Agarwalla Vs. Orissa State Financial ...
Court: Orissa
Decided on: Feb-18-2008
Reported in: 106(2008)CLT93
I.M. Quddusi, J.1. These two Writ Petitions are related to the same property and therefore, they were heard together and are being disposed of by this common Judgment.2. The brief facts of the case are that the Petitioner in O.J.C. No. 3777 of 2002 M/s. Prity Industries installed a cooking fuel plant for cooking purpose. The Petitioner-industry was registered as a Small Scale Industrial unit with the District Industries Center. The same was installed at Badakera in the district of Angul for manufacturing of cooking fuel from Sal leaves, paddy straw, sugarcane straw which is substitute to LB. Gas and other cooking gasses for domestic purpose. Financial assistance in the form of term loan was provided by the Opposite Party Corporation to the tune of Rs. 10,81,500.00 which was disbursed in the month of May, 1995 towards factory shed, installation and acquisition of plant and machineries, its installation and electrification in the month of May, 1995. The Petitioner also acquired land to t...
Steel Authority of India Ltd. Vs. Director of Industries and Chairman ...
Court: Orissa
Decided on: Feb-18-2008
Reported in: 106(2008)CLT84
I.M. Quddusi, J.1. These are two Writ Petitions filed by M/s. Steel Authority of India Limited against the decision of Industry Facilitation Council.2. Writ Petition bearing O.J.C. No. 4271 of 2000 was initially filed for quashing the impugned award dated 24.3.2000 made against it by the Industry Facilitation Council as arbitrator under the provisions of the Interest on delayed payments to Small Scale & Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to as 'IDPSC') which was kept in abeyance for a period of one month and vide Order Dated 11.7.2000 was restored directing the Managing Director, Rourkela Steel Plant, SAIL, Rourkela to pay a sum of Rs. 24,86,998/- to Opp. Party No. 2 i.e. M/S. Modern Industries, Rourkela with interest @ 18% being one and half times the prime lending rate of the S.B.I., compounded with monthly rest, towards the cost for extra works/deviation/delays in payment/non-availability of free issue of materials/amendment in drawings etc. The intere...
Neelachakra Constructions Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-15-2008
Reported in: AIR2008Ori69; 2008(2)ARBLR400(Orissa)
ORDERA.K. Ganguly, C.J.1. Both these matters were heard together as common questions of fact and law are involved.2. Both the applications under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called the 'said Act') were filed by the petitioner for appointment of an Arbitrator by the Chief Justice.3. The relevant facts are that the petitioner which is a Proprietorship concern was awarded the work of 'New Construction, One Time Repair and Renovation of CHC-1 at Belguntha including variations'. Another work which was given to the petitioner, which is the subject matter of ARBP No. 24 of 2005, is 'New Construction, One Time Repair and Renovation of CHC-1 at Polsara including variations'.4. Petitioner's case is that both the said works were completed in time and completion certificates were also issued to the petitioner by the concerned Engineer and thereafter the authorities have inaugurated the project. It is also the case of the petitioner that opposite parties too...
Pradeep Kumar Samal Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-2008
Reported in: 2008(I)OLR910
L. Mohapatra, J.1. This appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in Sessions Case No. 80 of 1998 convicting the appellant for commission of offences under Sections 364, 302 and 201 of the Indian Penal Code (in short '1.P.C.'). The appellant has been sentenced to undergo R.I. for life for commission of offence under Section 302 I.P.C. but no separate sentence has been awarded either for commission of offences under Sections 364 or 201 I.P.C.2. The family of the deceased and the appellant were staying in the same house occupying different sections. Oh 18.10.1996 morning when the deceased and his cousin Jitendra Patra were playing near their house, the appellant came in a cycle and took the deceased with him for a ride. The parents of the deceased learnt from Jitendra that the appellant had taken the deceased and, accordingly they waited till return of the appellant in the evening. When th...
D. Ch. Guruvulu Son and Co. Vs. Sales Tax Officer
Court: Orissa
Decided on: Feb-15-2008
Reported in: 2008(I)OLR992
B.P. Das, J.1. The petitioner-M/s. D. Ch. Guruvulu Son & Co., a partnership firm, in this writ petition under Articles 226 and 227 of the Constitution of India has challenged the notice issued by the opposite party-Sales Tax, Officer under Section 12(8) of the Orissa Sales Tax Act, 1947 (hereinafter 'the Act') for the assessment years 1995-96, 1996-97 and 1997-98, vide Annexure-1, on the ground of non-communication of the reasons for re-opening the assessment.2. The case of the petitioner, as depicted in the writ petition, briefly stated is thus: The petitioner is a partnership firm and carries on business of rice-milling and has established a small scale industry for processing tamarind seeds to tamarind dal amongst others. For the purpose of its milling business, it procures paddy and tamarind and mustard seeds and sells the processed products, such as rice, broken-rice, processed-tamarind, tamarind dal and mustard oil, etc. and accordingly it has registered itself as a dealer with t...
Govardhan Kumar Varjani Vs. Mahanadi Coalfields Ltd. represented throu ...
Court: Orissa
Decided on: Feb-14-2008
Reported in: 105(2008)CLT460; 2008(2)CTLJ392(Ori); 2008(I)OLR902
I. Mahanty, J.1. The Petitioner, a Graduate-Engineer-Contractor, was awarded with the work for 'Construction of a Sanskrutik Kendra' (cultural building) at Samblpur which was being funded by Opp. Party-Mahanadi Coalfields Limited under the Peripheral Development Scheme.2. It is the case of the Petitioner that tenders were invited during the financial year 2002-03 and the Petitioner having been found to be lowest tendered, was issued with the necessary work order and was directed to commence the work from 2.2.2004 and the period of completion was stipulated to be within one year there from i.e. 1.2.2005 with an estimated cost of Rs. 45,20,705.56.3. It is submitted by the Learned Counsel for the Petitioner that on being awarded with the work in question, he immediately started the work by constructing the building up to plinth level and filling the same with sands. Thereafter, a revised drawing was handed to him by the letter dated 19.3.2004 and it is alleged that various other deviation...
Orissa Power Generation Corporation Limited Vs. Commissioner, Commerci ...
Court: Orissa
Decided on: Feb-14-2008
Reported in: 105(2008)CLT442; (2008)15VST587(Orissa)
I. Mahanty, J.1. The Petitioner is Government of Orissa Undertaking incorporated under the Companies Act and is engaged, inter alia, in the business of generation of power and for such purpose, it has established Thermal Power Plants for operation and maintenance of the same within the State of Orissa.2. The Petitioner-Company applied for registration as a dealer both under the O.S.T, Act and the C.S.T. Act to the Sales Tax Officer, Bhubaneswar-II Circle, Bhubaneswar and was granted with C.S.T. registration Certificate on 17.3.1987 under Section 7(2) of the C.S.T. Act and the following endorsement was made on the registration certificate granted to the Petitioner under the C.S.T. Act and 'all machineries and equipments associated with construction operation and maintenance of large Thermal Power Station, Pumps, Compressors, earth moving Machineries, Turbine generators, Transformers, Switch gears and Laboratory equipments'.3. After the aforesaid certificate was granted to the Petitioner...
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