Orissa Court March 2008 Judgments
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Orissa Small Industries Corporation Ltd. Vs. Orissa Pump and Engineeri ...
Court: Orissa
Decided on: Mar-20-2008
Reported in: [2009]148CompCas477(Orissa); [2009]96SCL347(NULL)
M.M. Das, J.1. Co. Pet. No. 28 of 2003 has been filed under Sections 433, 434 and 439 of the Companies Act, 1956, against the opposite party, the Orissa Pump and Engineering Company Ltd. with a prayer for winding of the said company along with other ancillary prayers.2. The petitioner is the Orissa Small Industries Corporation Ltd., which is a Government of Orissa undertaking. It is the case of the petitioner that the opposite party is a registered company under the Registrar of Companies, Orissa. The petitioner-company carries on business to promote and establish. companies and associations for the prosecution or execution of industrial undertakings, projects and industrial enterprises of any description whether of a private or public character which in the opinion of the petitioner-company would contribute to the industrial development of Orissa and to acquire and dispose of shares and interest in such companies or associations or undertakings on such terms and conditions as may be d...
Windson International Vs. H.M. Electricals P. Ltd.
Court: Orissa
Decided on: Mar-20-2008
Reported in: [2009]148CompCas486(Orissa)
M.M. Das, J.1. This application has been filed by M/s. Windson International, a proprietorship concern represented through its proprietor, Mrs. Chanda S. Khetawat under Section 433 read with Sections 434 and 439 of the Companies Act, 1956, with a prayer to pass an order for winding up of the opposite party-company-H.M. Electricals P. Ltd.2. It is the case of the petitioner that it carries on wholesale business of electrical insulating materials and spares of transformers as well as electrical fittings, etc. The petitioner, since 1997, has been supplying various kinds of electrical insulating materials required for manufacturing and repairing of electrical transformers, to the opposite party-company. On various dates, on the basis of purchase orders placed by the opposite party-company, the petitioner supplied/delivered different electrical fittings to the opposite party-company and raised bills for the same on the opposite party-company. The bills were received by the opposite party-co...
Dr. Gyan Guru Das Vs. Central Vigilance Commissioner and ors.
Court: Orissa
Decided on: Mar-19-2008
Reported in: 105(2008)CLT706
A.K. Ganguly, C.J.1. This Public Interest Litigation has been filed by Dr. Gyan Guru Das, who claims to be a journalist by profession and the Printer and Publisher of News Paper, namely, 'TOP TEN NEWS & VIEWS'. He also claims to be the Editor of various other monthly News Papers and claims to be associated with various literary, socio-economic and cultural organizations.2. In this petition, the main grievance which has been raised is that various banks and financial institutions unduly waived the dues of Opposite Party No. 3 to the extent of about Rs. 2300 crores. Therefore the complaint is that the said amount of Rs. 2,300 crores, which is public money has vanished from the system. It has also been alleged that such waiver has taken place for benefiting one Business House and the main grievance of the Writ Petitioner is that the massive chunk of public money amounting to Rs. 2300 crores which is roughly 50% of the Annual Budget of the State of Orissa will never be recovered again.In s...
Bhagyadhar Khatei Vs. Kubera Pradhan and ors.
Court: Orissa
Decided on: Mar-18-2008
Reported in: 2008(II)OLR82
A.S. Naidu, J.1. The petitioner contested the election held in the year 2007 for the post of Sarpanch of Sagada Grama Panchayat under Nimapara police station in the district of Puri. He polled 1,436 votes and was elected. An election dispute was raised by opposite party No. 3 who had polled 1,429 votes and was defeated. Other candidates were also impleaded as opp. parties. The said election dispute was registered as Election Petition No. 12 of 2007 in the Court of the learned Civil Judge (JD), Nimapara.2. In course of hearing of the Election Petition, a petition was filed by the election petitioner (present opposite party No. 3) praying to call for the used ballot papers for inspection and recounting of votes. Such prayer was made mainly on the ground that many fictitious persons impersonating dead voters had cast votes taking the advantage of the fact that the names of such dead voters were found in the voters' list. The said prayer was resisted by the present petitioner. The Court be...
Srei International Finance Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-18-2008
Reported in: (2008)106CALLT192(NULL)
A.K. Ganguly, C.J.1. This batch of Writ Petitions were heard together as common questions of facts and law are involved and these different Writ Petitions were filed in respect of different assessment years by the Petitioner.2. The Petitioner claims to be a non-Banking Finance Company licensed by the Reserve Bank of India to carry on business in leasing as well as hire purchase, inter alia, of plant, machinery and other equipments.3. On or about. 31st July, 1995 a tripartite agreement was entered between the Petitioner company, and M/s. Indian Metals and Ferro Alloys Limited (IMFA) and M/s. Isgee John Thompson CUT'). Under the said agreement IMFA was referred to as the 'user', IJT was referred to as 'supplier I contractor' and the Petitioner as the 'purchaser'.4. IMFA wanted to instal a 90 Ton Per Hour (TPH) Spreader Stoker Water Tube Boiler at its Choudwar Power Plant of M/s. Indian Charge Chrome Ltd. (ICCL), which is a sister concern of IMFA. For in...
Prahallad Ch. Mohanty and anr. Vs. Surendra Nath Mohanty and ors.
Court: Orissa
Decided on: Mar-17-2008
Reported in: AIR2008Ori122; 2008(I)OLR863
A.K. Parichha, J.1. Defendant Nos. 12 and 13 have filed this appeal against the judgment and decree of learned 1st, Additional District Judge, Cuttack in Title Appeal No. 66 of 1994 reversing the judgment and decree passed by learned Civil Judge (Sr. Division), Jagatsinghpur in Title Suit No. 89 of 1987.2. The present respondent No. 1 as plaintiff filed the above noted suit with a pleading that suit Schedules 'A' & 'B' properties are the joint family properties of the plaintiff and defendant Nos. 1 to 11, but Sebati, the wife of Birakishore, sold a part of the dwelling house of joint family described in Schedule 'C of the plaint to defendants 12 & 13 without any legal necessity and without the consent of the plaintiff, although defendants 12 & 13 being strangers to the family were not entitled to joint possession of the dwelling house. He prayed for partition of properties of the joint family, allotment of his share and a liberty to repurchase the Schedule 'C property as per Section 4(...
Acc Limited Vs. Jagannath Plastipacks (P) Limited
Court: Orissa
Decided on: Mar-14-2008
Reported in: 105(2008)CLT875
Sanju Panda, J.1. This Civil Revision is directed against the Order Dated 17.09.2003 passed by the Learned Civil Judge (Senior Division), 1st Court, Cuttack in C.S. (III) 110/02.2. The Defendant is the Petitioner. The opposite party as the Plaintiff filed the suit for recovery of a sum of Rs. 36,20,319.01 paise from the Defendant. The Defendant placed orders for certain goods with the Plaintiff which was delivered by the Plaintiff in the defendant's factory premises at Bargarh. The amount in lieu of the said goods having not been paid by the Defendant, the Plaintiff filed the suit. After receiving the notice of the suit, Defendant before filing its written-statement filed a petition disputing the territorial jurisdiction of the Court. Thereafter, he filed his written-statement on merit as well as on territorial jurisdiction. According to the Defendant, in view of the Explanation-2 to Section 20 of the Code of Civil Procedure (in short 'the Code'), as the corporation is carrying on the ...
Saroj Kumar Mahapatra Vs. State of Orissa
Court: Orissa
Decided on: Mar-14-2008
Reported in: 2008(II)OLR85
S.C. Parija, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner invoking the inherent jurisdiction of this Hon'ble Court to quash the order of cognizance dated 29.07.2002 passed by the Special Judge (Vigilance), Berhampur, in G.R. Case No. 29 (Vig.) of 1998, taking cognizance of offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act ('P.C. Act' for short).2. The main contention of the petitioner is that even accepting the allegations made in the F.I.R. to be true, no case is made out against the petitioner with regard to the offence alleged. Further, neither the accompanying documents nor statements recorded during investigation Under Section 161 Cr.P.C. implicate the petitioner in any manner. It is further plea of the petitioner that the impugned order of cognizance dated 29.07.2002 does not disclose the prima facie satisfaction of the trial Court with regard to the complicity of the petitioner in the alleged offence.Th...
Khirod Chandra Dash and ors. Vs. Bimal Dash and ors.
Court: Orissa
Decided on: Mar-14-2008
Reported in: 106(2008)CLT109; 2008(II)OLR211
Indrajit Mahanty, J.1. The Petitioners in this writ application seek to challenge an Order Dated 22.12.2007 passed by the Civil Judge (Jr. Divn.), Salipur, in Civil Suit No. 23 of 2005, by which order the Learned Civil Judge, accepted the filing of a counter claim raised by defendants 5 to 7 (Opp. Parties 1 to 3 herein) against defendants 1 to 4 (who are Petitioners in this writ application).Learned Counsel for the Petitioners prays for exercise of supervisory jurisdiction of the High Court under Article 227 of the Constitution in the present case since the subordinate Court has assumed a jurisdiction which it does not have and/or exercised jurisdiction in a manner not permitted by law resulting in failure of justice and great injustice to the case of the present Petitioners.2. The brief facts leading to filing of the present case are that Opp. Party No. 4, as Plaintiff has filed C.S.No. 23 of 2005 before the Civil Judge (Jr. Divn.), Salipur and has impleaded present Petitioners as def...
Union of India (Uoi) and ors. Vs. Smt. Nirupama Jena and ors.
Court: Orissa
Decided on: Mar-14-2008
Reported in: 106(2008)CLT76
ORDERIndrajit Mahanty, J.1. Misc. Case No. 55 of 2004 has been filed by the Union of India and others under Order 22 Rule-4 of the Code of Civil Procedure intimating that Respondent No. 1-Smt. Nirupama Jena, W/o. Late Abdhut Jena died on 12.10.2004 during the pendency of this appeal, leaving no issue of her own. It further asserted that the other Respondents being the legal heirs of Late Abdhut Jena and Late Smt. Nirupama Jena-Respondent No. 1 (1st wife) i.e., Respondent Nos. 2 to 5 be accepted as substituted legal heirs of Respondent No. 1 This petition was filed on 7.12.2004.2. The 2nd Misc. Case, i.e., Misc. Case No. 51 of 2005 has been filed by one Smt. Subhashree Jena and Smt. Parbany Jena. In their petition supported by an affidavit state that their Late father Abdhut Jena (Original Respondent) had expired on 10.10.2003 leaving behind him, his wife Late Nirupama Jena and two married daughters (the present Petitioners). The said petition further contains a declaration that Nirupam...
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