Orissa Court August 2010 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
M/S.Vishal Metalics. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-13-2010
1. In these matters hearing was closed on 12.8.2010 and the following order was passed:-"We are of the considered view that the impugned notification SRO No.34/2009 dated 27.1.2009 in all the writ petitions declaring 'coal' and 'furnace oil' as goods is illegal and therefore the impugned notification is liable to be quashed to the aforesaid extent and is accordingly quashed. Reasons to follow."2. Accordingly, we note the reasons in support of the aforesaid order as hereunder:3. The petitioners herein have filed the present batch of writ petitions seeking to challenge the legality and validity of the Notification S.R.O. No.34/2009 dated 27.1.2009 issued by the State of Orissa in the Finance Department published in the Orissa Gazette dated 27.1.2009 in terms of which the petitioners, who are registered dealers under the Orissa Value Added Tax Act, 2004 have been disallowed from claiming any 'input tax credit' in respect of VAT paid by them on their purchase of 'Coal' and 'Furnace Oil', o...
Amulya @ Kalia Behera and ors. Vs. State of Orissa and anr
Court: Orissa
Decided on: Aug-13-2010
1. In the present application under Section 482 of the Code of Criminal Procedure, the petitioners have sought to challenge the order dated 14.11.2006 passed by the learned J.M.F.C., Pipili in 1.C.C. Case No.16 of 2004 taking cognizance of offences under Sections 341 and 294 read with Section 34 of the Indian Penal Code.2. On a perusal of the complaint filed by Opposite Party No.2-Bishnu Chandra Behera, it appears therefrom that, the complainant has complained of two distinct occurrences which allegedly occurred on 1.9.2002 at Gudia Pokhari Chhak and on 15.5.2004 at Kausalyagang Out Post. Insofar as the alleged incidence which occurred on 1.9.2002 is concerned, it is alleged that the petitioners obstructed the complainant while he was traveling on the road and Petitioner No.3- Bamadev Mahanty, who was on the relevant time posted as A.S.I. of Police at Kauslyagang Out Post threatened the complainant to withdraw the civil case filed by him against the father of Petitioner Nos. 1 and 2 an...
The Samaj, the Joint General Manager. Vs. the Presiding Officer, Labou ...
Court: Orissa
Decided on: Aug-13-2010
1. Accordingly, the writ appeal being devoid of any merit, stands dismissed. The impugned judgment of this Court and the order of the Labour Court are affirmed and the appellants should comply with the directions issued by the Labour Court, within a period of four (4) weeks from today. August L1', 2010/KCP management to pay a sum of Rs.1,85,362/- to the opposite party- workman as directed by the labour Court. The learned Single Judge further directed that if the petitioner-management fails to pay the said amount within three months from the date of that order, it shall be liable to pay interest on the said amount @ 6 % per annum till realization. A2. Shorn of unnecessary details, it appears from the impugned V judgment that the respondent-workman who was working) as a Journalist under the appellantmanagement raised a dispute claiming for financial dues commensurate wages, D.A., A.D.A., interim relief and house rent in terms of Palekar Award, 1990, including bonus besides other dues. Th...
Surendranath Sahoo. Vs. Mahendra Samantray and ors.
Court: Orissa
Decided on: Aug-13-2010
1. This revision petition has been filed against an order passed by the executing court on an application under Section 47 of the C.P.C. filed by the petitioner in Execution Case No. 6 of 2000. The said application under Section 47 C.P.C. was registered as Misc. Case No. 6 of 2001.2. The facts leading to the execution petition are that a suit was filed by the decree holders-plaintiffs numbered as T.S. No. 125/64 of 83/80 for declaration of their right to repurchase the shares of defendant nos. 2 to 6 and for permanent injunction against the defendant no.1, who was a stranger purchaser from the co-sharers. The learned trial court decreed the suit holding that the stranger purchaser-defendant has failed to establish the fact of partition of the suit property amongst the co-sharers and the sale of the portions of the property is void and under such circumstances, the documents exhibited on behalf of defendant no.1 cannot be taken into account to arrive at a conclusion that the defendant n...
Siddharth Dixit. Vs. Smt. Sujata Dixit.
Court: Orissa
Decided on: Aug-11-2010
1. This writ application is directed against the order dated 2.9.2008 passed by the learned Judge, Family Court, Rourkela in Misc.Case No.5 of 2008 filed under Order 9, Rule 13 of the Code of Civil Procedure( in short 'C.P.C.') for setting aside the ex parte decree of divorce.2. The petitioner and the opposite party got married on 18.2.1991 as per Hindu rites and customs at Kolkata. Both of them were blessed with two children, a son namely, Siddhant in the year 1994 and a daughter namely, Shraddha in the year 1999. There were differences between both of them during this period and subsequently the relationship became such that they had to remain away from each other. The petitioner thereafter filed Civil Proceeding No.227 of 2005 in the court of the learned Judge, Family Court, Rourkela seeking for divorce. Notice was issued to the opposite party but, the same could not be served. Thereafter, steps for service of notice as provided under Order 5, Rule 20 C.P.C. were taken and in spite ...
M/S. Agarwal Strips Pvt. Ltd. Vs. Deputy General Manager and ors.
Court: Orissa
Decided on: Aug-11-2010
1. The petitioner has filed this writ petition challenging the letter dated 21.10.2009 issued by the Dy. General (Elect.), A.E.D., Angul and the letter dated 23.10.2009 issued by the Junior Manager, (Electrical) No.1, CESU, Angul directing the petitioner to pay the outstanding arrear electricity dues.2. Maa Budhi Roller Flour Mills (Pvt.) Limited for setting up of the unit at Panchamahal, Angul took a loan from the State Bank of India. The said unit mortgaged and hypothecated the movable and immovable of its assets as security for payment of the loan. As Maa Budhi Roller Flour Mills (Pvt.) Limited failed to repay the loan amount, Authorised Officer and Chief Manager, State Bank of India, Angul, opposite party no.3, seized the said unit for default in payment of the dues of the Bank and took over possession of the said unit. Thereafter, all the part and parcel of the property in the name of Maa Budhi Roller Flour Mills (Pvt.) Limited consisting of land and building was offered for sale ...
Sashi Bhusan Rath. Vs. Uco Bank and ors.
Court: Orissa
Decided on: Aug-06-2010
1. The present writ application has been filed by the petitioner- Sashi Bhusan Rath seeking to challenge an order dated 14.11.1996 passed by the learned Additional District Judge, Khurda in Civil Revision No. 15 of 1996 affirming the order dated 27.4.1996 passed by the learned Civil Judge (Sr. Division), Khurda in T.M.S. No.10 of 1992, whereby, the learned Civil Judge has rejected the petition filed by the defendant- petitioner with a prayer to permit him t0 file some documents as per the list appended to the written statement.2. On perusal of the records, it appears that the Opposite Party Bank has filed a suit for realization of Rs.89,956/ from the defendant in the court of learned Civil Judge (Sr. Division), Khurda and the same was registered as T.M.S. No. 10 of 1992. Pursuant to the summons issued by the learned trial court, the Defendant No.1 (petitioner herein) entered appearance and filed written statement denying the assertion made in the plaint and in the written statement, he...
Union of India and ors. Vs. Sri Purna Chandra Nayak.
Court: Orissa
Decided on: Aug-05-2010
1. The simple question that arises in this case is whether to avail benefit of Assured Career Progression, in short the 'ACP', it is necessary for the employee to have requisite qualification for getting promotion to the higher cadre.2. The Department of Meteorology, Ministry of Earth Science, Union of India has preferred this writ petition against the orders passed by the Central Administrative Tribunal in O.A. No.122 of 2005, wherein the Tribunal ordered that the second financial upgradation as per the 'ACP' scheme be granted to the applicant within 60 days from the date of receipt of copy of the order.3. Bereft of unnecessary details, the fact of the case is that the opposite party at present working as Observatory Attendant in Meteorological Department, Bhubaneswar and having been declared surplus while working in the DNK Project, was redeployed in the present organization. In order to meet the genuine stagnation and hardship faced by the employees due to lack of adequate promotion...
Paradip Port and ors. Vs. Union of India and anr.
Court: Orissa
Decided on: Aug-05-2010
1. L.MOHAPATRA, J. W.P.(C) No.3204 of 2002 has been filed by Paradip Port & Duck Mazdoor Union and W.P.(C) No.5173 of 2002 has been filed by 74 petitioners who are working as Clearing, Forwarding and Handling Workers in the Paradip Port Trust. Prayer in both the writ petitions is to allow the workers governed under the Paradip Port Clearing, Forwarding and Handling Workers (Regulation and Employment) Scheme, 1994 in the Election Process to the Board of Trustees of Paradip Port Trust. Therefore, both the writ petitions were taken up together for hearing and disposal.2. The case of the petitioners is that representation of the workers representative to the Board of Trustees and Committees of Paradip Port Trust is being made by Voting right of the workers represented by their respective Unions. There are four categories of workers, namely, Departmental Workers, 1979 Scheme Workers, 1994 Scheme Workers and Female Cleaning Gang Workers. The writ petitions relate to the workers governed unde...
M/S. Trishakti Stone Crushing. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-04-2010
1. In this batch of writ petitions, petitioners who have set up Stone Crushing Units at various places within the State of Orissa have prayed for being provided with an alternate site by the Orissa Industrial Infrastructural Development Corporation or any of the State body or authorities on payment of costs and also to quash the notice of closure issued by the State Pollution Control Board, Orissa and/or to keep the same in abeyance till alternate site is provided to the petitioners.2. Mr. Y. Das, learned Senior Counsel appearing for the petitioner on the outset submitted that although he had appeared for the petitioners in those batch of writ petitions, he had no instructions in the matter and sought for the permission of the Court to address the Court as an amicus curiae. Learned Senior Counsel limited his prayer to seeking a direction to the State and/or authorities to provide the petitioners with alternate sites complying with the requirements as stipulated by the State Pollution C...
- ‹ Prev
- 1
- 3
- Next ›
- Last »