Orissa Court April 2009 Judgments
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Executive Engineer, Electrical, Jaipur Road Electrical Division Vs. Pr ...
Court: Orissa
Decided on: Apr-09-2009
Reported in: 108(2009)CLT534; (2010)ILLJ23Ori
M.M. Das, J.1. This Writ Petition has been filed by the management against the award dated 25.9.1998 passed in I.D. Case No. 1 of 1996 by the Presiding Officer, Industrial Tribunal, Bhubaneswar.2. The Opp. Parties 2 to 5 - workmen claimed that while working under the management - Petitioner as casual labourers since the year 1978, they were disengaged from 10.6.1994 by verbal orders of the management - Petitioner in violation of Section 25F of the Industrial Disputes Act, 1947 (for short, 'the Act'). The workmen approached the Learned Labour Court against their dis-engagement/termination. Conciliation having failed, after receipt of the failure report, the State Government made the following reference to the Industrial Tribunal for adjuulcation:-Whether the retrenchment of (1) Abhaya Kumar Das, (2) Gobardhan Routray, (3) Balaram Swain (4) Kanduri Charan Mallik, Casual Labour Roll (CLR) by the Executive Engineer, Jaipur Road Electrical Division, Jaipur Road with effect from 10.6.94 is l...
Uttam Prasad Gupta Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Apr-09-2009
Reported in: AIR2010Ori3
B.S. Chauhan, C.J.1. This writ petition has been filed for a direction quashing the order dated 10-3-2004 (Annex.-l) of the Orissa State Financial Corporation (hereinafter called 'the Corporation') intimating the petitioner that due to non-payment of the dues, the physical possession of the mortgaged hypothecated assets of Hotel Puja at Koida had been taken under Section 29 of the State Financial Corporations Act, 1951 (hereinafter called 'the Act') on 2-3-2004; and also for quashing sale notice dated 13-1-2005 (Annex.-8).2. The facts and circumstances giving rise to this case are that the petitioner had taken a loan of Rs. 8 lakhs in the year 1999. The loan agreement was executed on 28-4-1999 by mortgaging the property in dispute as financial security. The petitioner, Shri Uttam Prasad Gupta along with Smt. Chinmayee Gupta and Miss Rita Gupta also executed personal guarantee bond to the Corporation. Petitioner availed loan, however, did not pay the instalments. Therefore, the opposite...
Lokesh Patro and anr. Vs. Commissioner of Endowments and 6 ors.
Court: Orissa
Decided on: Apr-08-2009
Reported in: 108(2009)CLT61; 2009(I)OLR929
B.S. Chauhan, C.J.1. This writ appeal has been filed against the judgment and order of the learned Single Judge dated 25.2.2008 dismissing W.P.(C) No. 10378 of 2006 filed by the present appellants observing that sale of the land belonging to the deity made by registered sale deeds was strictly in accordance with the order passed by the Commissioner of Endowments and appellants had no locus standi to the writ petition as they were never inducted as tenants nor they were in possession of the land and therefore, the writ petition could not be entertained.2. The facts and circumstances giving rise to this appeal are that the land in dispute exclusively belonging to the religious Institution namely, Sri Rama, Laxman, Sita Swamy situate at Lochapada in district Ganjam. The person appointed for management of the said institution filed an application under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter called 'the Act') seeking permission to alienate Ac.4.225 decima...
Sabitri Devi and ors. Vs. Srikrushna Academy and ors.
Court: Orissa
Decided on: Apr-08-2009
Reported in: 2009(II)OLR468
A.S. Naidu, J.1. The judgment dated 25.6.2001 passed by Additional District Judge, Jagatsinghpur in Title Appeal No. 95 of 1995/T.A. No. 53 of 1997 setting aside the judgment and decree dated 15.7.1995 and 31.7.1995 respectively passed by Civil Judge (Senior Division), Jagatsinghpur in Title Suit No. 49 of 1988 and remitting the suit for de novo disposal is assailed in this Miscellaneous Appeal-filed under Order 43, Rule 1(a) of the Civil Procedure Code.2. The appellant, as plaintiff, filed Title Suit No. 49 of 1988 in the Court of the then Subordinate Judge, Jagatsinghpur, inter alia, praying for passing a decree, declaring entry of the name of the defendant No. 1 (Srikrushna Academy, Jagatsinghpur) in the Hal settlement record of rights in respect of the suit schedule properties as illegal, for declaration of title of the plaintiff over the said lands and also directing for preparing the Hal record of rights in his name and to restrain defendant Nos. 1 to 5 permanently from interferi...
Pravakar Samanta Vs. Narendra Padhi and anr.
Court: Orissa
Decided on: Apr-07-2009
Reported in: 2009(I)OLR807
R.N. Biswal, J.1. The petitioner and Opp. party No. 2 are opp. parties and Opp. party No. 1 is the petitioner in a proceeding under Section 133 of Cr.P.C. in CRLMC No. 30 of 2007 pending in the Court of learned Sub-Divisional Magistrate, Jajpur.2. On 19.1.2007 Opp. party No. 1, an advocate, filed the aforesaid CRLMC alleging inter-alia that he has his dwelling house as well as office over plot No. 588/1093 appertaining to Khata No. 132 of Mouza Naharpur. The present petitioner and opp. party No. 2 are stacking Chips, Bajuri and asbestos etc. on the Govt. land adjoining to the aforesaid plot of Opp.party No. 1 as well as on some portion of his land for business purpose causing dust of minerals to enter his premises creating an unhealthy atmosphere and public nuisance in the locality. Hence, the proceeding under Section 133 of Cr.P.C. for necessary direction to the petitioner and Opp.party No. 2 to remove the aforesaid materials said to have been stacked near the premises of Opp.party No...
Sri Ram Chandra SwaIn Vs. Presiding Officer, Industrial Tribunal and T ...
Court: Orissa
Decided on: Apr-06-2009
Reported in: 108(2008)CLT129; 2009(I)OLR1011
ORDER1. This writ application has been filed by the workman challenging the order dated 24.3.2003 passed by the Industrial Tribunal, Orissa, Bhubaneswar, in I.D. Misc. Case No. 3 of 1999, approving the action of the management in dismissing the workman from service, under Section 33(2)(b) of the Industrial Disputes Act.2. The management of Orissa State Road Transport Corporation filed application under Section 33(2)(b) of the Industrial Disputes Act (I.D. Act for short), before the Industrial Tribunal, Bhubaneswar, seeking approval of its action in dismissing the workman-petitioner from service, as a conductor, w.e.f. 23.2.1999, during the pendency of the I.D. Misc.Case No. 3 of 1999, in which he was a concerned workman.3. The case of the management before the Industrial Tribunal was that on 31.5.1990, the workman was conducting bus No. OAC-5307, operating from Bhadrak to Jasipur, when the said bus was checked about Vz K.M. from Fakirpur, at about 9.15 A.M. and it was found by the chec...
Babulal Agrawal Vs. State of Orissa Represented by Commissioner of Sal ...
Court: Orissa
Decided on: Apr-06-2009
Reported in: 108(2009)CLT440; (2009)26VST565(Orissa)
B.N. Mahapatra, J.1. In this Sales Tax Revision Petition (earlier SJC No. 186 of 1995) this Court vide Order Dated 14.07.1998 directed the Orissa Sales Tax Tribunal (hereinafter called 'the Tribunal') to refer the following questions for adjudication:-Whether the Tribunal was justified in holding that in the absence of prayer for confrontation at the investigation stage, such a prayer could not have been made before the Assistant Commissioner?Subsequently, the said SJC has been converted to Sales Tax Revision No. 161 of 2008.2. The facts & circumstances giving rise to the present revision petition are that the Petitioner during the relevant time was a registered dealer under the Orissa Sales Tax Act, 1947 (hereinafter called 'the OST Act') & carrying on business in fertilizer, kerosene oil, salt, M.S. rod etc. at Rampur in the district of Bolangir. For the year 1981 -82, the Petitioner was assessed under Section 12(4) of the OST Act. On receipt of a fraud report No. 6 of 83-84 from Vig...
Atulya Kumar Pujari and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-02-2009
Reported in: AIR2009Ori171
I.M. Quddusi, J.1. These are two writ petitions filed against the common advertisement issued by the Director, Consumer Affairs-cum-Joint Secretary to Government, Food, Supplies and Consumer Welfare Department, annexed as Annexure-1 to each of the writ petitions inviting applications for filling up of the post of President and Member of District Consumer Forums of various districts including, the district of Deogarh. W.P.(C) No. 15244-of 2006 has been filed by one Atulya Kumar Pujari who was appointed as President, District Consumer Forum, Deogarh vide order dated 12-7-2001 whereas W.P.(C) No. 15251 of 2006 has been filed by one Chitta, Ranjan Khadiratna who was appointed as Member, District Consumer Forum, Deogarh vide order dated 14-9-2000. The aforesaid appointments were made on ad hoc basis. However, it is the case of the petitioners that they continued for a period of five years as provided in Section 10(2) of the Consumer Protection Act, 1986. It is therefore necessary to reprodu...
Utkal Road Lines Vs. Registrar, Income Tax Appellate Tribunal and ors.
Court: Orissa
Decided on: Apr-02-2009
Reported in: (2010)228CTR(Ori)569
B.N. Mahapatra, J.1. This tax appeal has been filed raising several questions of law. However, at the time of hearing, learned Counsel the appellant confined his argument only to question No. 3, which reads, thus:Whether on the facts and circumstances of the case can Tribunal come to a final conclusion regarding determination of rate of net profit on a higher side i.e., @ 7.5 per cent without assigning any reasons when two similar decisions based on similar facts have adjudicated by the same Tribunal previously vide IInd Appeal Nos. 489/Ctk/1973 dt. 11th Jan., 1980 and 293/Ctk/1991 resulting net profit @ 2 per cent and @ 7.5 per cent respectively which leads to discrimination and miscarriage of justice.2. Bereft of unnecessary details the facts and circumstances leading to the present appeal are that the appellant is a partnership firm. It carries on business in execution of transport contract. In the year 1992-93, the appellant filed its return disclosing the net income at Rs. 1,95,12...
B. Engineers and Builders Ltd. Vs. Asst. Commissioner, Central Excise ...
Court: Orissa
Decided on: Apr-02-2009
Reported in: 109(2010)CLT203
1. Heard further argument. Hearing is concluded & the Judgment is as follows.2. Petitioner challenges the demand of Rs. 5,15,079 (rupees five lakh fifteen thousand seventy nine) towards duty & Rs. 50,000 (rupees fifty thousand) towards penalty as per letter dated 29.03.2006 issued from the office of the Superintendent, Central Excise Customs & S. Tax, Range-I, Bomikhar, Bhubaneswar, representation of the Petitioner & rejection thereof as per letter dated 16.09.2007. All such documents are part of the record in Annexure-2 series from pages 18 to 22 of the brief.3. Learned Counsel for the Petitioner states that opposite arty No. 4 was liable to pay that tax. Opposite Party No. 4 had taken the loan from Orissa State Financial Corporation (in short 'OSFC') for creating the establishment/business, but defaulted to clear up the arrear loan dues of the Opposite Party No. 3. Because of such failure of Opposite Party No. 4, Opposite Party No. 3, in exercise of the authority under Section 29 of ...
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