Court : Orissa
Reported in : AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702
..... or reconstruction company ..... securitisation act. the said amendment is as follows:in section 15, in sub-section (1), after the proviso, insert the following:provided further that no reference shall be made to the board for industrial and financial reconstruction after the commencement of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002, where financial assets have been acquired by any securitisation company .....
Tag this Judgment!Court : Orissa
Reported in : IV(2005)BC294; [2005(107)FLR599]; (2006)IILLJ473Ori
..... filed by the opposite parties 1 to 3. it is stated in the counter affidavit that m/s. jagannath biscuits (p) limited was covered under the act with effect from 27.2.1993. the said company was to pay provident fund dues of rs. 34,101/-for the period from march, 1998 to may, 1998 and rs. 55,047/-from june, ..... in the case of orissa state financial corporation v. commissioner of commercial taxes, orissa and ors., in o.j.c. no. 7796 of 1993 disposed of on 16.1.2002. relying on the aforesaid decision shri jena contended that the commercial tax department having got first charge over the property, dues towards sales tax could be collected from the subsequent ..... industrial dev. and investment corporation v. state of rajasthan, reported in ; and suburban ply and panel pvt. ltd. v. assistant commissioner central excise and ors., reported in vol. 93 (2002) clt 460.8. keeping in mind the submissions made by the learned counsel for the, parties as well as with reference to the relevant provisions of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori186; 2005(1)ARBLR115(Orissa); 98(2004)CLT304
..... , the present petitioner filed a petition under order 6, rule 17, cpc for amendment of the mjc petition and another petition under order 1, rule 10(2), cpc for impleading opgc as well as its two wholly-owned subsidiary companies which held shares in opgc as parties to the mjc. the respondents filed objection ..... is not maintainable, more so when the petitioner has already preferred a statutory appeal invoking jurisdiction under section 37 of the arbitration and conciliation act, registered as miscellaneous appeal no. 426 of 2002. relying upon a decision of the supreme court in the case of laxmikant r. bhojwani v. pratapsing m. pardeshi, (1995) 6 ..... at the conclusion of the proceeding. admittedly the petition has already preferred a statutory appeal as stipulated under section 37 of the act before this court, registered as miscellaneous appeal no. 426 of 2002, which is sub judice. while adjudicating the said miscellaneous appeal, this court can also decide the questions ancillary to the main .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT658; (2008)14VST379(Orissa)
..... cover the nalco against any eventual liability. thereafter the state govt. in finance department by notification no. sro 932/2002 dated 12.11.2002 issued under section 6 of the orissa sales tax act, 1947 (annexure-17) amended item no. (ii) of the third proviso to clause 3 of entry 43-a of its notification dated 23. ..... limit on such exemption/deferment during the eligibility period.the industries department by letter dated 20/21.6.2000 addressed to the managing director of the petitioner-company, under annexure-3 series, clarified that 'aluminium based industries' having a project cost of not less than one crore had been declared as priority industries as ..... a priority industry is entitled to sales tax exemption.2. the case of the petitioner, as projected in the writ petition, briefly stated, is as follows:the petitioner-company is a beneficiary under the industrial policy resolution, 1996 ('ipr 1996' hereinafter) issued by the state hi-tek powercon pvt. ltd. v. asst. commissioner c.t. .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT692
..... to the effect that the offending bus was covered under the category mentioned in section 95(1), and not under section 95(2)(c) of the 1939 act. thus the liability of the insurance company in the present case, is limited to rs. 50,000.00 only. the view taken by me also gets fortified from the decisions in air 1991 ..... is covered under the provisions of the 1939 act. section 95 of the 1939 act restricts the liability of the insurance company, sub-section (1) of section 95 categorically provides ..... in the case of new india assurance co. ltd. v. c. m. jaya and others, air 2002 sc 651.9. admittedly the accident took place on june 8, 1989. on the said date, the old motor vehicles act of 1939 was in vogue. the amended motor vehicles act of 1988 came into force with effect from july 1st, 1989. thus, the case in hand .....
Tag this Judgment!Court : Orissa
Reported in : I(2006)ACC667; 2006ACJ2842; 2006(1)OLR44
..... owner of the goods moving in a goods vehicle is not entitled to compensation for the death or injury sustained by him. in that respect, he relied on the cases of new india assurance co. ltd. v. asha rani and ors. 2002 air scw 5259 and oriental insurance company ltd. ..... v. devireddy konda reddy and ors. with oriental insurance co. ltd. v. jogi subbamma and ors. 2003 air scw 513. respondents, however, argued that in view of the statutory provision in section 147 of the act and the decision in the case of jasoda mohanta ..... insurance company is liable to pay the compensation and the owner is protected because of validity of the insurance policy.4. appellant in the a.h.o. urged before us the solitary point that in view of the settled position of law and the provision in section 147 of the act before its amendment in 1994, in such a case the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori32; 2009(II)OLR774
..... to banks and financial institutions act, 1993 being special statutes prevail upon the ..... favour of the petitioner no. 1-company.the bank has filed the o.a. for adjudication of contractual liabilities of the company as per the terms and conditions of the contract and agreement executed by the petitioners while taking financial assistance from the bank. the securitisation and reconstruction of financial assets. and enforcement of security interest act, 2002 and the recovery of debts due .....
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Reported in : 101(2006)CLT537
..... works as its project wing in the year 1986. combining their activities of both supply and erection on 18.1.1993 both the units were incorporated as a company under the companies act, 1956 with the name and style of hirakud industrial works limited (hiwl) having its registered office at hirakud. similarly, hira cable works which was earlier ..... price of rs. 5.25 crores of m/s. varsha fabrics ltd for take over of the hiwl with the terms and conditions of the spa as amended here in below.according to them, rs. 5.25 crores will be higher than the adjusted reserve price as per the above paragraph consequent to which they ..... the department of public enterprises resolved for privatization/dis-investment of loss making public/co-operative enterprisers operating in non-core sectors. the resolution was dated 26.11.2002. while laying down the policy matter of government of orissa, it referred to the white paper issued by the department of public enterprisers that public enterprise reform commission .....
Tag this Judgment!Court : Orissa
Reported in : (2007)9VST95(Orissa)
..... withdrawal of such benefit of the ipr. since we are dealing with the periods of 1999 to 2000, 2000 to 2001 and 2001 to 2002 during which the petitioner-company carried out its transaction, the certificate of eligibility granted by the industries department remained valid. this court is to give a finding whether the ..... as clarification issued by the industries department, sri ganguly contended that the authorities of the sales tax department of the state have acted grossly in excess of their authority by denying the petitioner-company the benefits available under ipr, 1996 and therefore, consequently, the petitioner has sought for quashing the said assessment orders.9. ..... to consider the exemption that the petitioner is entitled to under the i.p.r., 1996. according to the petitioner it had set up its unit acting upon the industrial policy resolution, 1996 (hereinafter referred to as 'ipr, 1996') having fulfilled the terms and conditions regarding investments in capital within the stipulated .....
Tag this Judgment!Court : Orissa
Reported in : (2008)2LLJ879Ori
..... petitioners to the osic and allowed them to work there. after the subsidiary company was transferred or privatized, the osic on its own volition allowed the petitioners to continue under it for about three years after such transfer of the management of ..... them, it could not have waited till may 16, 2001 to pass the order of reversion. admittedly, the petitioners were the employees of a wholly owned subsidiary company of osic and osic had relationship of master and servant with them and control over their services. the management of osic by virtue of such control had brought the ..... transfer to private entrepreneurs, the opec did not remain as a subsidiary of osic and here the osic cannot direct the petitioners to go to join the private company and, according to the petitioners, because the management of osic even after execution of the agreement for transfer of the unit, allowed the petitioners to work in .....
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