Court : Orissa
Decided on : Jun-20-2006
Reported in : 1(2007)ACC488
..... authority, orissa without executing and taking steps for final reciprocal agreement under sections 88(5) and 88(6) of the act, is granting successive temporary permits to different operators creating unhealthy competition on such routes and that such temporary permits have been granted in utter disregard to the provision in sections 88 (7 ..... ) and 88(8) of the act. petitioner has appended the list of routes, annexure-3 on which temporary perm its ..... both the state governments and the state transport authorities and chairmen functioning thereunder not to grant any temporary permit beyond the circumstances mentioned under section 87 of the act.3. orissa state transport corporation (opposite party no. 8), smt. labanya shee (opposite party no. 9) and daljeet singh chowla (opposite party no .....
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2006
Reported in : I(2007)ACC488; AIR2006Ori188; 102(2006)CLT549
..... transport authority, orissa without executing and taking steps for final reciprocal agreement under section 88 (5) & (6) of the act, is granting successive temporary permits to different operators creating unhealthy competition on such routes and that such temporary permits have been granted in utter disregard to the provision in section 88 (7) ..... and (8) of the act. petitioner has appended the list of routes, annexure-3 on which temporary permits are being ..... the state governments and the state transport authorities and chairmans functioning there under to not to grant any temporary permit beyond the circumstances mentioned under section 87 of the act.3. orissa state transport corporation (opp. party no. 8), smt. labanya shee (opp. party no. 9) and daljeet singh chowla (opp. party .....
Tag this Judgment!Court : Orissa
Decided on : Jul-21-2006
Reported in : 102(2006)CLT479; 2006(II)OLR349
..... when the legislature wanted to exclude a letters patent appeal, it specifically did so. the words used in section 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002, a specific exclusion is provided as the legislature knew that in the absence of such words a letters patent appeal would not be barred. the legislature ..... would be maintainable if the order of the learned trial court which was appealed against, in an appeal, filed under section 104 c.p.c. was passed after the amendment/insertion of section 100a c.p.c. which came into force with effect from 1.7.2002. in the present case, the order impugned before the learned single judge ..... judge while disposing of the said fao has preferred this letters patent appeal under clause 10 of the letters patent (patna) act.8. mr. patnaik, learned counsel for the respondent no. 1 relying upon section 100a c.p.c. as amended with effect from 1.7.2002 submitted that the letters patent appeal is not maintainable.9. mr. a.p. bose, .....
Tag this Judgment!Court : Orissa
Decided on : Jul-21-2006
Reported in : 102(2006)CLT361; [2006(111)FLR686]; (2007)2LLJ329Ori
..... cited a decision in balaram gupta v. union of india : (1987)iillj541sc , where the principle laid down in gopal chandra mishra (supra) was summarized as follows:a complete and effective act of resigning office is one which severs the link of resignor with his office and terminates its tenure.in balaram gupta's case the appellant employee offered to voluntarily retire ..... it'.4. it is stated that the rules are statutory is nature having been framed in exercise of powers conferred by sub-section (1) of section 43 of the sbi act, 1955. the petitioner, according to the opposite parties, had rendered 34 years of service in the bank and as per the fourth proviso to rule 19(1) of the rules .....
Tag this Judgment!Court : Orissa
Decided on : Nov-24-2006
Reported in : 103(2007)CLT209
..... petitioner as void and also declaring casual vacancy to the office of sarpanch, lachhipur grama panchayat.9. learned counsel for the petitioner has produced the constitution (scheduled castes) orders (second amendment) act 2002 which was published in the official gazette by the ministry of law and justice dated 18.12.2002. after receiving the assent from the president on 17.12.2002 ..... entry no. 24 in the original order has been substituted as 'dewar, dhibara, keuta, kaibarta'. the amendment reads as follows:1. this act may be called the constitution (schedule castes) orders (second amendment) act, 2002.2. the schedule to the constitution (scheduled castes) orders 1 950 is hereby amended in the manner and to the extent specified in schedule 1.schedule i(see section 2 .....
Tag this Judgment!Court : Orissa
Decided on : Nov-06-2006
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
..... whether a generator set in the background of erratic supply of , electricity by the state should be included in the certificate of registration of the company by amending the same. prayer for inclusion was rejected on the ground that generation is not needed when normal conditions prevailed. on a writ petition by the petitioner, the ..... . considering these peculiar facts, the learned judges held that there is nothing in section 8(3)(b) of cst act to exclude the use of a generator as a standby measure and the court directed amendment of the certificate of registration of the petitioner by inclusion of generator in the registration certificate.23. this court, finds ..... that the said decision was peculiar to the facts of that case, but the said decision cannot be treated as a binding precedent on construction of section 8(3)(b) of cst act since .....
Tag this Judgment!Court : Orissa
Decided on : Apr-21-2006
Reported in : AIR2006Ori148; 2006(4)ARBLR93(Orissa)
..... amount on the ground that no notice under clause (2) of the agreement was issued by the competent authority for more than one year after the actual date of competition. in paragraph-3 of the reasons given it is stated that the issue regarding levy of compensation under clause (2) is beyond the scope of the arbitration clause ..... of the award, interest would run at the rate of 18% per an- num. challenging the said award the appellant filed an application under section 34 of the act before the learned district judge, khurda at bhubaneswar and the same having been rejected, this appeal has been preferred.3. as it appears from the award the arbitrator ..... , 2002 passed in arbitration misc. case no. 188 of 2001 by the learned district judge, khurda at bhubaneswar rejecting the application filed under section 34 of the act.2. pursuant to the tender call notice dated 2-12-1991 issued by the appellant for construction of vertical extension to the telephone exchange building at koraput the respondent .....
Tag this Judgment!Court : Orissa
Decided on : Aug-23-2006
Reported in : (2007)5VST83(Orissa)
..... june 30, 1990, has been issued by the appropriate authority in exercise of its power under sub-section (1) of section 5 of the ost act, 1947 as amended by the orissa sales tax (amendment) act, 1990 and in the said notification the rate of sales tax of various goods have been notified. the particulars of the serial number and the rate ..... case, the division bench of the calcutta high court held on a proper construction of item no. 2 of schedule i of the bengal finance (sales tax) act, 1941, as it stood before the amendment, that the word 'flour' in item no. 2, did not include 'barley powder' and, therefore, barley powder was not exempt from sales tax. it ..... of such items of different hardness, density and thickness were produced before the commissioner along with an application under section 42-b of the madhya pradesh general sales tax act, 1958, for determination of tax on such goods. the commissioner after hearing the parties held that the expression 'cloth' in item 6 of the schedule i would .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 2007(1)ARBLR116(Orissa); 102(2006)CLT657
..... the arbitration by retired high court judge of local high court to be nominated after mutual consent. the provisions of the arbitration and conciliation act, 1996 and amendment if any thereafter shall apply to the arbitration proceedings.17. it is worthwhile to mention here that bmpl has entered into two agreements on ..... is to be referred to the arbitration by retired high court judge to be nominated by bmpl. the provisions of the arbitration and conciliation act, 1996 and amendment if any thereafter shall apply to the arbitrations proceedings;from the aforesaid recitals, it transpires that the agreement can be determined by bmpl without ..... referred to arbitration, technicast and bsil moved the learned district judge, cuttack, with two separate petitions under section 9 of the arbitration and conciliation act, 1996 (shortly 'the act') seeking interim protection and the aforesaid petitions were registered as arbitration petition nos. 92 and 93 of 2006 respectively. aggrieved by the orders .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2006
Reported in : 102(2006)CLT236; 2006(II)OLR184
..... judge on appreciation of non-existent provisions of law that is on the basis of the law which was in existence prior to the amendment in sub-rule 7 of rule 31 of the act, 1959 decided the appeal. thereafter the parties appeared before the learned district judge once again and after hearing the parties, the learned district ..... of rule 31 of the rules, 1991 and held that the recounting was not proper. but since the provisions of sub-rule (7) of rule 31 were amended, the amended provisions should have been considered by the trial court.32. the learned district judge had also taken into consideration the old provisions in his earlier decision but that ..... set aside by this court and the appeal was remanded for fresh decision as already mentioned above and, thereafter deciding the appeal afresh, the appellate court considered the amended provisions and held that since information before the recounting was not given to the respondent, the recounting was bad in law. in view of the different findings .....
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