Orissa Court February 2009 Judgments
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Orissa Small Industries Corpo. Ltd., Industrial Estate Vs. State of Or ...
Court: Orissa
Decided on: Feb-11-2009
Reported in: 107(2009)CLT565; (2009)23VST55(Orissa)
B.N. Mahapatra, J.1. This Sales Tax Revision petition has been preferred by the Petitioner-dealer under Section 24 of the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the OST Act') raising the following question of law:Whether under the facts and circumstances of the case the tribunal is correct in law while disposing of the appeal that the transaction of photo identity card is a transaction in the nature of sale2. Bereft of unnecessary details, the facts and circumstances giving rise to this revision petition are that the Petitioner in the present revision petition is a Government of Orissa Undertaking. It carries on business in agricultural implements, iron and steel goods, coal, wax plastic goods, Hand-pump, Electric Motor, machineries, steel furniture, Electric Pump-set, Photographic materials, paints etc. on wholesale basis. It has also undertaken preparation of photo identity cards for voters as per the orders of the Chief Electoral Officer of Home Department, Governme...
Simplex Concrete Piles (India) Ltd. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Feb-11-2009
Reported in: 107(2009)CLT651; (2009)23VST458(Orissa)
B.N. Mahapatra, J.1. These two Writ Petitions are directed against the Order Dated 12.7.2001 passed by the Sales Tax Officer, Dhenkanal Circle, Angul, Ward- B, (hereinafter referred to as the 'STO'), wherein the STO has rejected the Petitioner's refund applications dated 2.5.1997 filed for the years 1984-85 and 1985-86 on the ground that the same is illegal and violative of the provisions contained in the Orissa Sales Tax Act, 1947 (hereinafter referred to as the 'OST Act') and the Rules framed thereunder.2. Bereft of unnecessary details, the facts and circumstances giving rise to the present Writ Petitions are that the Petitioner is a Public Limited Company registered under the Companies Act, 1913 having, it's registered office At: 12/1, Nellie Sengupta Sarani, Kolkata. The Petitioner entered into a contract with M/s. National Aluminium Company Ltd. (hereinafter referred to as the 'NALCO') for civil and structural construction at NALCO's plant site, Angul. Pursuant to the said contrac...
State of Punjab Vs. Pritam Chand and ors.
Court: Orissa
Decided on: Feb-11-2009
Reported in: 2009(II)OLR151
Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court dismissing the appeal filed by the State of Punjab against the judgment of acquittal recorded by learned Judicial Magistrate, 1st Class, Samana. The respondents were charged for alleged commission of offence punishable under Section 406 of the Indian Penal Code, 1860 (in short the 'IPC'). They were partners of one Jagdamba Rice Mills to whom the paddy was entrusted for milling by the Punjab State Civil Supplies Corporation Ltd. (in short the 'Corporation') during the year 1983-84. It was alleged that the accused failed to account for the paddy and thus mis-appropriated the same. Pursuant to arbitration clause between the parties an arbitrator was appointed and an award of Rs. 1,81,315.43 was rendered in favour of the Corporation. The trial Court acquitted the accused on the ground that the matter arose out of breach of contract, the same was of civil nature an...
Dr. Elizabeth Jean Marsh Vs. Presiding Officer, Labour Court and ors.
Court: Orissa
Decided on: Feb-10-2009
Reported in: 107(2009)CLT455; (2009)IIILLJ472Ori
S.C. Parija, J.1. The management of Christian Hospital for Women and Children, Berhampur, has filed, this writ application challenging the award dated 29.07.1993, passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No. 64 of 1991, modifying the punishment of dismissal from the service of the workmen, Opposite Parties 2 and 3 and awarding lesser punishment, like stoppage of annual increment and directing reinstatement without back wages.2. The workmen, Opposite Parties 2 and 3, having been dismissed from service by the Petitioner-management, raised industrial dispute, which was taken up for conciliation and the same having ended in failure, the State Government in the Labour and Employment Department referred the dispute to the Labour Court, Jeypore, for adjudication. The terms of the dispute were as follows:Whether the dismissal of services of Sri Murali Dakua, Driver and Sri S.B. Amarnath, Maintenance Workers with effect from 05.12.90 by the management of Christian Hos...
Sri Subash Chandra Das Vs. Registrar (Amn.), Orissa High Court and 3 o ...
Court: Orissa
Decided on: Feb-05-2009
Reported in: 107(2009)CLT420
B.S. Chauhan, C.J.1. This Writ Petition has been flied seeking a declaration that all Departmental Proceeding pending against the Petitioner and adverse entries made in the CCRs for the year 1994-1996 & 2005-2006 as false, based on mala fide intention and due to non application of mind and to declare the order of compulsory retirement (Annex.-6) as arbitrary and bad in the eye of law restoring the service of the Petitioner to its original position treating the service as on duty from the date of retirement.2. The facts and circumstances giving rise to the case are that Petitioner was appointed as Munsif on probation vide notification dated 2.6.1980 and confirmed on the said post vide notification dated 26.7.1985. Petitioner claims to have been promoted vide Order Dated 30.1.1989 as O.J.S. Class-I (Jr.) and subsequently as Subordinate Judge on 10.8.1990. Petitioner was put under suspension, during the Departmental Proceedings between 1996-1998 and during this period large number of pers...
Jaya Krishna Sabat Vs. District Judge and ors.
Court: Orissa
Decided on: Feb-05-2009
Reported in: (2009)107CALLT529(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been fled for quashing the Order Dated 15.1.2007 (Annexure, - 4) by which the application for withdrawal of resignation of the Petitioner has been rejected by the District Judge, Kandamal.2. The facts and circumstances giving rise to this case are that the Petitioner while working as Head Clerk under the administrative control of the District Judge, Kandamal submitted resignation letter dated 27.11.2006 (Annexure -1) requesting the appointing authority to accept it with immediate effect. The appointing authority accepted the resignation vide Order Dated 2.12.2006 with a stipulation that the Petitioner would retire with effect from 28.2.2007. Petitioner submitted an application dated 22.12.2006 (Annexure - 3) withdrawing the said resignation as the same was to become effective from 28.2.2007. However, the said application has been rejected vide Order Dated 15.1.2007. Hence this Writ Petition.3. Mr. Mohanty, Learned Counsel for the Petitioner s...
Killamsetty Vasudeva Rao and Sons and ors. Vs. Ippilli Sanyasayya Sons ...
Court: Orissa
Decided on: Feb-05-2009
Reported in: 107(2009)CLT656
Sanju Panda, J.1. The Appellants-Plaintiff filed a suit, i.e, M.S. No. 36 of 1976 for recovery of Rs. 3,531.10p. with interest from the date of filing of the suit till realization, costs and such other relief.2. In the plaint the Plaintiffs specifically averred that the Plaintiff is a registered firm carrying on business of running a rice mill and whole-sale business in commodities like Niger, Pulses. The Defendants were also carrying on whole-sale and retail business in several commodities. On 22.7.1973, Defendant No. 1, one of the partners of the firm came to Jeypore and made an offer to the Plaintiffs-firm for purchase of Jowar. After some discussions, it was agreed that the Plaintiffs would supply 225 bags of Jowar each weighing one quintal for a price of Rs. 140 per bag. They also decided that delivery of the said goods were to be made at the mill premises of the Plaintiffs at Jeypore. Accordingly, delivery was given within 15 days and Defendant No. 1 promised to send Rs. 15,000 a...
Ram Lal Oil Mill Vs. State of Orissa
Court: Orissa
Decided on: Feb-05-2009
Reported in: 107(2009)CLT716; (2009)25VST304(Orissa)
B.N. Mahapatra, J.1. The Orissa Sales Tax Tribunal (hereinafter referred to as the 'Tribunal') has referred the following-question of law to this Court for its opinion under Section 24(1) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as the 'OST Act'):Whether on the facts and in the circumstances of the case, the purchases of the dealer-applicant are not exempted being not the penultimate purchases within the provisions contained in Section 5(3) of the Central Sales Tax Act, 19562. This reference application has subsequently been converted to Sales Tax Revision bearing STREV No. 64 of 2008.3. Shorn of unnecessary details, the short fact and circumstances giving rise to this revision are that during the relevant period the Petitioner-dealer was dealing in groundnuts, groundnut seeds, groundnut oil and cattle feed (oil cake). During the year 1995-96 the Petitioner purchased groundnut worth Rs. 10,27,948.45 from the local cultivators. It did not pay any tax on turnover of suc...
Dayanidhi Lenka Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-05-2009
Reported in: 107(2009)CLT880
I.M. Quddusi, J.1. In exercise of the powers conferred by Sub-section (1) of Section 60 of the Orissa Municipal Corporation Act, 2003 read with Sub-rule (5) of rule 3 of the Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats and Conduct of Election) Rules, 2003, the State Government in Housing and Urban Development Department by notification No. 26484 dated 10.10.2008 divided the area of Cuttack Municipal Corporation into 54 wards as specified in column (2) of the Statement-I of the said notification and, inter alia, assigned Ward No. lll for the Scheduled Tribe. By means of this Writ Petition, the Petitioner has prayed for quashing of the notification No. 26484 dated 10.10.2008 so far as the same relates to reservation of Ward No. lll for the Scheduled Tribe and for a direction to the Opposite Parties to make reassignment of wards for reservation in terms of Section 7 of the Orissa Municipal Corporation Act, 2003 read with Rule 4(1) of the Orissa Municipal...
Akshaya Kumar Bala and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-04-2009
Reported in: 107(2009)CLT227
B.N. Mahapatra, J.1. The same Petitioners have filed these five Writ Petitions challenging the Orders Dated 27.02.1999 (Annexure-1) passed in Revision Case Nos. 6, 13, 5, 14 and 8 of 1985 under the Orissa Government Land Settlement Act, 1962 (hereinafter referred to as 'OGLS Act') by which the Opposite Party No. 3-Additional District Magistrate, Cuttack (hereinafter referred to as 'Revisional Authority') cancelled the original lease granted in favour of Opposite Party No. 5 whereby the sale deeds executed by said Opposite Party No. 5 in favour of one Chinmayee Bala (wife of Petitioner No. 1 and mother of Petitioners 2 to 6) became void on the ground that such action of Opposite Party No. 3 is wholly illegal and violative of the conditions laid down in the approved lease principles of the Government Circulars dated 20.10.1972 and 06.04.1974.In all these Writ Petitions since the issues involved are identical, with the consent of Learned Counsel for the parties, they are heard together an...
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