Court : Orissa
Reported in : I(2006)BC566
..... order dated 31.7.2000, issued process against the respondents finding that there was ground to proceed against the accused for the offence under section 138 of the negotiable instruments act, 1881.5. after about four years, the respondents moved an application before the high court under section 482 of the code of criminal procedure for quashing the proceeding. the said .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR672
..... in passing the impugned order without issuing such notice to the petitioner. in these circumstances, in our view, even though an alternative remedy is available under the act against the impugned order, but the said remedy cannot be said to be speedy and efficacious. further, existence of an alternative remedy ipso facto does not oust ..... challenged in the present writ application. he further contended that in view of the provisions of section 23 of the said act providing appeal against the order of conliscation, this writ application is liable to dismissed as alternative remedy is available.6. mr. ray, learned counsel for the ..... contrary submits that even though in the previous writ. application this court directed to dispose of the application filed by the petitioner under section 17 of the act, since the competent authority has disposed of the entire matter pending before him, there is no illegality whatsoever in passing the order of confiscation which is .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR698
..... commissioner. the aforesaid objection raised by the learned counsel was considered by the revisional court and the revisional court held that under section 32 of the orissa survey and settlement act, the board of revenue had suo motu power to call for the records and correct any illegality even if an appeal is not preferred and, therefore, the above question of ..... legality of order passed by the commissioner, land records and settlement. orissa in r.p. case no. 556 of 1996 filed under section 32 of the orissa survey and settlement act, 1958.2. the opposite parties 3 and 4 filed a revision before the learned commissioner under section 32 of the orissa survey and settlement ..... act against the order dated 30th december, 1995 passed by the additional settlement officer, cuttack in s.a. no. 470 of 1995 and the same having been allowed, the present writ .....
Tag this Judgment!Court : Orissa
Reported in : 2006(1)OLR127
..... from the liability of payment of the dues. though there is no agreement between the parties but on reading of the relevant section i.e. 7(b) of the act, it appears that execution of agreement is not a pre-condition for referring any dispute for adjudication by an arbitrator.8. in view of the decision made above, ..... was no agreement between the petitioner and opposite parties and in absence of any agreement, the dispute could not be referred to arbitrator under section 7(b) of the act. it was also contended by the learned counsel for the petitioner that the disconnection having taken place much before expiry of guarantee period, proportionate rent should have been collected ..... unutilized rent was not refunded and accordingly dispute was raised by the petitioner. the said dispute was referred to the arbitrator in terms of section 7(b) of the act. the arbitrator in the impugned award, in annexure-5, held that an amount of rs.1,70,475/- as demanded by the present opposite parties for the entire .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR676
..... punishable under the essential commodities act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, ..... community it is necessary so to do, make an order directing that such person be detained.explanation - for the purposes of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means - (a) committing or instigating any person to commit any offence ..... 2-district magistrate-cum-collector, sambalpur, stating inter alia that a clear case for passing an order of detention against the petitioner under section 3 of the act having been made out, the district magistrate-cum-collector, sambalpur prepared the grounds of detention of the petitioner and sent the same to the government for .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori61
..... the above order annexed to the writ petition as annexure 7.2. it is the case of the petitioner that it is a private limited company constituted under the companies act, 1956 and it deals with all types of stones and rocks used for decorative and industrial purposes. it also undertakes export of such decorative stones and further, it holds quarry .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori21; 100(2005)CLT746; 2005(II)OLR330
..... the decree which is against him if he seeks to get rid of the said finding. in the second and third category of cases in consonance with the amended code of civil procedure, it is not necessary for the respondent to take any cross objection laying challenge to any finding adverse to him as the decree is ..... no. 280 of 2000 of the court of the 2nd addl. civil judge (sd), cuttack has preferred this appeal challenging the judgment and decree dated 28th february, 2003 and 15th march, 2003 respectively. the suit was filed by hemaprava ray, present respondent no. 1, seeking reliefs as follows :'(a) the exclusive title of the plaintiff and pro forma ..... , the suit land was an intermediary estate of sarthalal mishra and others, which had vested in the state in consonance with a notification under the orissa estates abolition act. though the plaintiff claimed that her husband suresh had purchased the suit land from chiranjilal who had purchased the same from the ex-intermediary prior to vesting, since .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR690
..... of rs. 25,000.00 per acre to the appellant for the acquired land. the appellant received the same with objection and filed an application under section 18 of the act which was referred to the then subordinate judge, ganjarn, berhampur and was registered as l.a. m.j.c. no. 160 of 1988. the trial court, on consideration of the ..... short facts necessary for appreciating the inter se disputes among the parties are:-in consonance with a notification issued under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as 'the act') published on 27.6.1988 in the orissa gazette (extraordinary), ac.0.250 decimals of land belonging to the appellant appertaining to survey no. 239, patta no .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR454
..... santilata sethy, opp. party no.2 filed the aforesaid complaint case before the j.m.f.c., narasinghpur on the allegation that on 8.9.2003 at about 7 p.m. the petitioners forcibly put a cabin on the land belonging to her. as the brother of the complainant protested it ..... crlmc arises out of a petition filed under section 482 of cr.p.c. challenging the order dated 14.2.2003 and 21.4.2005 passed in i..c. case no.73 of 2003 by the learned j.m.f.c., narsinghpur wherein in the first order he took cognizance of the offence ..... under sections 294/354/323/379/506/448/34 i.p.c. read with section 3 of the s.c. and s.t. (p.a.) act against the petitioners, ..... and in the second order rejected the petition under section 210(1) of cr.p.c. wherein the petitioners had prayed to call for a report from the o.i.c. of kanpur p.s. in g.r. case no. 143 of 2003 and issued n. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT61; [2006]132CompCas840(Orissa)
..... for winding up of the opp. party company, namely, swami marine products private limited. by orders passed previously in each of the cases, except copet no. 10 of 2003, notices were published in the daily newspapers as per the direction of this court.2. mr. milan kanungo has entered appearance on behalf of the opp. party-company ..... filed a memo along with documents showing that the opp. party-company has been seized by the orissa state financial corporation under section 29 of the state financial corporation act, 1951 on 4.11.2004 and proposals for settlement have been filed by the opp. party-company before the orissa state financial corporation, mr. kanungo submitted that ..... in imposing conditions to enable the official liquidator to discharge his function properly under supervision of the company court as the new section 529-a of the companies act confers upon a company court a duty to ensure that the workmen's dues are paid in priority to all other dues in accordance with the provisions of .....
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