Orissa Court April 2008 Judgments
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Jayant Kumar Agarwal and ors. Vs. Dr. K. Subba Reddy and anr.
Court: Orissa
Decided on: Apr-04-2008
Reported in: AIR2008Ori161; 2008(4)ARBLR563(Orissa)
ORDERA.K. Ganguly, C.J.1. Heard learned Counsel for the parties.2. This application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called the 'said Act') was filed on 10-12-2007 before this Court, On such petition being filed, this Court issued the notice on 14-12-2007 to the opposite parties. Pursuant to such notice, learned Counsel appeared on behalf of the opposite parties and made submissions.3. The case, in the present petition is that the parties have entered into a share-purchase agreement for effecting sale of 50 lakhs equity shares of Rs. 10/- each in the company named M/s. Samleshwari Ferrometals Pvt. Ltd. and also the shares to be allotted on the pending applications in respect of the said Company. It was also stated that in terms of the agreement, the opposite parties are required to pay advance of Rs. 2 crores by 30-11-2006 and to pay the entire balance amount by 31-3-2007.4. However, disputes and differences arose between the parties. There is...
Daitari Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Apr-03-2008
Reported in: 2008(I)OLR979
R.N. Biswal, J.1. The judgment and order dated 15.11.1993 passed by the Special Judge, Dhenkanal in Special case No. 2 of 1992 convicting the accused-appellant under Section 7 of the Essential Commodities Act (in short E.C. Act) for contravention of Clause 3 of the Orissa Rice and Paddy Control Order, 1965 and sentencing him there under to undergo R.I. for six months and to pay a fine of Rs. 5,0007-i.d. to undergo R.I. for one month more.2. Accused is the proprietor of a grocery shop after the name 'Maa Bhabani Store' located at Mahavir Bazar, Dhenkanal. On 16.1.1992 at about 4 P.M. Sambalpur Vigilance Sales Tax staff with the assistance of the staff of Vigilance squad, Dhenkanal, raided the said grocery shop. On inspection the accused was found in possession of 4.5 quintals of raw (Arua) rice and 22 quintals of boiled (Usuna) rice total 26.5 quintals in his shop premises without being backed by any authority for the same. As he violated Clause 3 of Orissa Rice and Paddy Control Order,...
State Bank of India Vs. Glass Decorate and ors.
Court: Orissa
Decided on: Apr-03-2008
Reported in: 2008(I)OLR970
ORDER1. Heard learned Counsel for the petitioner.Despite service of notice by paper publication, no one appears for the opposite parties at the time of call.This writ petition has been filed by the State Bank of India challenging, inter alia, the orders dated 28.12.2005 and 30.6.2006 passed by the Registrar, DRT and the Presiding Officer, DRT under Annexures 2 and 5 respectively. The said orders were passed on a petition filed by the petitioner in execution of a decree.2. The facts of the case are that the petitioner filed TMS No. 442 of 2000 against M/s. Glass Decorate and others for recovery of Rs. 8,05,4507-and ultimately in that suit a decree was passed by the learned Ad hoc Additional District & Sessions Judge (FTC No. Ill), Bhubaneswar for an amount of Rs. 10,88,070/- with interest at the rate of 6% per annum from 28.2.2005 till its realization.By the time the decree was passed, the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 (hereinafter referred to as the ...
National Federation of Insurance Field Workers of India (Cuttack Divis ...
Court: Orissa
Decided on: Apr-03-2008
Reported in: 106(2008)CLT118; [2009]185TAXMAN87(Orissa)
A.K. Ganguly, C.J.1. This Writ Petition has been filed by National Federation of Insurance Field Workers of India (Cuttack Divisional Association) an all India Association of the Development Officers. The officers' are working in the Office of the Life Insurance Corporation of India (hereinafter called 'LICI') and they challenge through their association inter alia, the action of LICI in making deduction of tax at source from the amount of payment made to Development Officers of LICI on account of Conveyance Allowance (hereinafter referred to as 'CA') and Additional Conveyance Allowance (hereinafter referred to as 'ACA'). The prayer is to quash Annexures 4, 5 & 6 of the Writ Petition.2. In this matter, when the Writ Petition was filed, a Division Bench of this Court, by an interim Order Dated 15.01.2004, directed that there shall be no deduction in respect of CA and ACA paid to the Development Officers (hereinafter referred to as 'DOs') of LICI and as a result of the said order, deduct...
Vysya Bank Limited Vs. Commissioner of Sales Tax
Court: Orissa
Decided on: Apr-02-2008
Reported in: 2008(I)OLR716
A.K. Ganguly, C.J.1. This Sales Tax Revision has been filed by the assessee challenging the order dated 19.8.2002 passed by the Full Bench of the Orissa Sales Tax Tribunal, Cuttack (hereinafter referred to 'said Tribunal'). By the said judgment, the Tribunal dismissed the petitioner's appeal and confirmed the order passed by the Assistant Commissioner of Sales Tax, Koraput Range, Jeypore. The Sales Tax Revision was admitted on various questions formulated at pages 22-23 of the Revision Petition, but at the time of argument only the following questions were pressed.(I) Whether under the facts and circumstances of the case the plant and machineries having suffered Orissa Sales Tax at the time of purchase inside the State of Orissa, the lease rental received on leasing out those plant and machineries can be taxed ?(II) Whether under the facts and circumstances of the case the transfer of property in goods and the transfer of right to use the goods are two distinctly separate taxable event...
Studio Sujata Vs. Commissioner of Sales Tax
Court: Orissa
Decided on: Apr-02-2008
Reported in: 106(2008)CLT317; 2008(I)OLR953; (2008)17VST289(Orissa)
A.K. Ganguly, C.J.1. Initially three S.J.Cs. being S.J.C. Nos. 10 of 1997, 8 of 1997 and 9 of 1997 were filed and subsequently renumbered as STREV Nos. 212, 214 and 216 of 2007 respectively. In view of the common questions of facts and law, all the three Revision Applications are heard and disposed of together.2. The following questions of law arising out of the order passed by the Orissa Sales Tax Tribunal on 8.12.1993 in Second Appeal Nos. 3345 to 3350 of 1991-92 have been referred to this Hon'ble High Court in terms of the order of this Hon'ble Court dated 24.2.1997. The questions are:(i) Whether on the facts and in the circumstances of the case, the Tribunal is right to held that tax is exigible for photographs as execution of works contract ?(ii) Whether on the facts and in the circumstances of the case, the conclusion of the Tribunal is perverse due to non-consideration and mis-consideration of facts and law and, therefore, it is liable to be set aside for re-hearing ?3. The mate...
Kamalini Pujari Vs. Land Acquisition Officer
Court: Orissa
Decided on: Apr-02-2008
Reported in: (2008)106CALLT69(NULL)
S. Panda, J.1. This appeal has been filed by the claimant against the award dated 2.12.1994 passed by the learned Civil Judge (Senior Division), Sambalpur, in L.A. Misc. Case No. 97 of 1986 claiming higher compensation.2. Brief facts of the case are as follows:The different plots of land of the claimant-appellant appertaining to Knata No. 13 of village Maneswar in the district of Sambalpur was acquired for Talcher-Sambalpur Railway link by virtue of Declaration No. 29164 dated 1.6.1985 published in E.O.G. No. 844 dated 11.6.1985. The Land Acquisition Collector assessed the valuation of the land and awarded compensation of Rs. 1,600 for the land. The claimant received the said compensation and filed an objection for enhancement of the same which was referred to the Civil Courts under Section 18 of the Land Acquisition Act (in short, 'the Act'). In the objection filed by the claimant, she had specifically stated that the acquired land is suitable for homestead and it is also surrounded b...
Shyam Sundar Dash Vs. Surekha Dash and ors.
Court: Orissa
Decided on: Apr-02-2008
Reported in: 106(2008)CLT282
A.K. Parichha, J.1. This is a Defendants appeal against the Judgment and decree of the Learned District Judge, Cuttack passed in Title Appeal No. 56 of 1993 setting aside the Judgment and decree recorded by the Learned Subordinate Judge, Athagarh in T.S. No. 22 of 1988.2. The original Respondent-Brajabandhu Das filed the above noted suit for partition of the suit property. His averment was that he and the Defendant jointly purchased the suit land measuring Ac.0.66 dec. in plot No. 1468 of Khata No. 571 from one Nemai Ch. Harichandan for a consideration of Rs. 300/- on 30.1.1951 and jointly took delivery of possession and accordingly in the last settlement R.O.R. the suit land was jointly recorded in the name of the Plaintiff and Defendant. However, there was severance of joint family status in the family in the year 1964 and each brother possesses different parcels of land by mutual arrangement. In the process, the Plaintiff and Defendant possessed half and half of the suit land, the P...
Gayatri Projects Limited Vs. State of Orissa
Court: Orissa
Decided on: Apr-02-2008
Reported in: 106(2008)CLT556
A.K. Ganguly, C.J.1. This Writ Petition has been filed challenging an Order Dated 28th February, 2004, passed in ARBP No. 34 of 2002 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act 1996') whereby Hon'ble Chief Justice was pleased to dismiss the said petition. At that time anyone who was aggrieved by an order under Section 11 of the said Act 1996 could file a Writ Petition under Article 226 of the Constitution of India in view of the decision of the Hon'ble Supreme Court in Konkon Railway Corporation and Anr. v. Rani Construction Pvt. Ltd. reported in AIR 2002 BC 778.2. In the impugned order, which was passed by the Learned Judge under Section 11 of the Act 1996 the facts which have been noted are that the Petitioner dropped a tender for the work of 'Construction of Left Afflux Bundh FROM Rd 630-M to 1770-M of Rengali Irrigation Sub-Project W.R.C.P. Package No. 9'. The tender of the Petitioner was accepted and work order was issued in favo...
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