Court : Orissa
Decided on : Apr-11-2006
Reported in : [2006]147STC231(Orissa)
..... of assessee, m/s. idl industries (formerly idl chemicals ltd.), a company under the indian companies act having its registered office at kukatpalli, andhra pradesh, engaged in manufacturing explosives, detonators and accessories and holding licence under the explosives act, 1884. it has a manufacturing unit at sonaparbat near rourkela in orissa which is also registered under both ..... of the transactions being held to be inter-state sales, the petitioner be permitted to avail of the concessional rate envisaged by section 8(1) read with section 8(4) of the act; or, in the alternative, the assessments to local sales tax be quashed in so far as they included the turnover of the ..... beginning from hyderabad all the way, until delivery to the customer it was an inter-state movement. the sale transactions were inter-state sales under section 3(a) of the act;....13. in the present case, admittedly there was purchase order issued by m/s. cil and pursuant to that order ultimately goods were supplied .....
Tag this Judgment!Court : Orissa
Decided on : May-17-2006
Reported in : 2006(II)OLR40
..... distributor of lpg at jajpur town by the hindustan petroleum corporation limited (in short 'hpc ltd.'). he has applied for grant of licence for possession of cylinder under the indian explosives act, 1884 and the same was obtained and also purchased a land and made huge investment by taking land from different sources. after receiving the letter of appointment from the regional manager .....
Tag this Judgment!Court : Orissa
Decided on : Jul-03-2006
Reported in : 102(2006)CLT497
..... fifth of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting, in view of section 12 of the act. the petitioner in paragraph-7 of the writ petition has submitted that in year 1997, the governing body purported to have passed a resolution, wherein the ..... and regulations thereof, shall have paid a subscription or shall have signed the roll or list of the members thereof. similarly, the governing body has been defined under section 16 of the act to mean that the governing body of the society shall be the governors, council, directors, committee, trustees, or other body to whom by the rules and ..... from time to time.4. shri b. routray, learned senior counsel for the writ petitioner, submits that under the provisions of sections 3(d), (f) and (m-1) read with sections 7 and 27 of orissa education act, the term of the governing body is three years and it has to be reconstituted in accordance with law after expiry of .....
Tag this Judgment!Court : Orissa
Decided on : Jul-11-2006
Reported in : 2006(II)OLR316
..... reasoning the same ratio applies to the awards made by the civil court between those dates. the conflict of decisions as to whether section 23(2) as amended by section 15(b) of the amendment act through section 30(2) of the transitory provisions would be applicable to the pending appeals in the high court and the supreme court was ..... indicated, in the decision reported in , a constitution bench of the supreme court had held that the benefit of the amended provision under section 23(2) of the land acquisition act, as amended by act 68 of 1984, was not available in pending appeals against the decisions which had been rendered prior to 13.4.1982, i.e., the ..... , the present opposite parties filed objection before the land acquisition officer and the land acquisition officer referred the matter to the civil court in terms of section 18 of the land acquisition act. learned sub-judge, berhampur, after hearing the parties, by order dated 20.2.1987 fixed the market value of the acquired land at rs. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-07-2006
Reported in : 102(2006)CLT203; 2006(I)OLR777
..... of the court of s.d.j.m., bhadrak. charge sheet was filed against seven accused persons for the offence under section 498-a/494/506/34, i.p.c. and section 4 of the dowry prohibition act (in short 'd.p. act') on the basis of f.i.r. lodged by the father of one haraypriya sahu being described as the wife of ..... . 390 of 2005 and he took cognizance of offence under section 498-a/506/34, i.p.c, together with offences under section 494, i.p.c. and section 4 of the d.p. act against accused ashok, under section 498-a/506/34, i.p.c., section 494/109, i.p.c. and section 4, d.p. act against accused deepak, menaka, swarnalata and itishree (the parents ..... as it may allegation in the f.i.r. does not make the offence under section 494, i.p.c. integral part of the offences under section 498-a, 506, i.p.c. and section 4 of the d.p. act. under such circumstance, cognizance of the offence under section 494/109, i.p.c. is not sustainable in the absence of a complaint. learned .....
Tag this Judgment!Court : Orissa
Decided on : Feb-01-2006
Reported in : II(2006)DMC248; 2006(I)OLR333
..... of election. as per the decision in smt. sudha devi v. m.p. narayanan and ors. : [1988]3scr756 affidavits are not included in the definition of evidence in section 3 of the evidence act. the same can be used as evidence only if for sufficient reasons court passes an order under order xix rule 1 or 2 of c.p.c. so ..... of the offences, so, the case at hand can be tried at sambalpur.5. moreover, as mentioned earlier cognizance of the offences under sections 498-a/406/34 i.p.c. read with section 4 of the d.p act was taken on 27.7.2001. as submitted by the learned counsel for the complainant-opp.party no. 2 at the stage of ..... .i.r. registered p.s. case no. 17 of 2000 and took up investigation. after completion of investigation, charge sheet was submitted under sections 498-a/406/34 i.p.c. read with section 4 of the d.p. act against all the petitioners. the s.d.j.m., (s), sambalpur took cognizance of the said offences on 27.7.2001 against all .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2006
Reported in : 102(2006)CLT65; 2006CriLJ3718; 2006(II)OLR109
..... initiated and the same was submitted by the forest range officer, rasgobindapur range, morada-ll to the divisional forest officer, baripada division, baripada, for trial under section 56 of the said act. the said case was numbered as o.r. case no. 19-r of 2004-05. accordingly, a show cause notice was issued by the authorised officer. ..... s case no question of prosecution was at all considered. but in the instant case validity of a confiscation proceeding is considered in the peculiar context of section 2(g)(ii) of the act. it is, therefore, clear that the issues are different in both the cases. so the decision in muralidhar (supra) is factually distinguishable.21. ..... t. rules which is punishable under rule 21 of the said rule and as such, the authorised officer confiscated the vehicle and sal leaves under section 56(2-c) of the said act.10. when the appeal was filed the appellate authority also noted the argument which were mainly advanced before the such appellate authority. those arguments .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 102(2006)CLT858; 2006(II)OLR720
..... non-issuance of notice to the union of india represented by general manager, east coast railways in the reference proceeding was violative of section 18(1) and section 20 of the act because the compensation to the claimants is payable by the railways and notice to such interested person is mandatory as per the above ..... by the learned civil judge (senior division), bhawanipatna in m.j.c. no. 141 of 1997.2. on the basis of notification under section 4 sub-section (1) of the act, 1.39 decimals of land in holding no. 14 of village-sinangbhata in the district of kalahandi belonging to the claimant-respondent nos. 1 ..... that amount under protest claiming higher compensation. on the prayer of the claimants the matter was referred to learned civil judge (senior division), bhawanipatna under section 18 of the act for adjudication of the dispute regarding quantum of compensation. learned civil judge (senior division), bhawanipatna (hereafter called 'reference court') received evidence of the parties .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2006
Reported in : II(2007)ACC893; AIR2007Ori85; 103(2007)CLT308
..... is no scope for retrospective enhancement for default in payment of compensation and no express or implied power can be called out from section 110-c of the old act and section 171 of the new act. such a direction in the award for retrospective enhancement of interest for default in payment of the compensation together with interest payable thereon ..... to get the same. therefore, the direction that during her life time the injured cannot withdraw the same from bank is against the spirit of section 168 of the motor vehicles act which provides that the claims tribunal may make an award determining the amount of compensation which appears to it to be just and specifying the person ..... one year to be renewed from time to time till disposal of the lpa.3. the brief facts of the case are that an application under section 166 of the motor vehicle act was filed before the motor accident claims tribunal, cuttack on behalf of injured jotirmayee alias ranu rout (minor), aged about seven years by her parents .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-2006
Reported in : AIR2007Ori48
..... the date of expiry of the period so specified).12. by the impugned amendment, the above provisions have been amended to the following effect:3. in section 28 of the principal act, in sub-section (2)--(i) for clauses (c), (el) and (e-2), the following clauses shall be substituted, respectively, namely:(c) in the case of a ..... members belonging to any such constituency shall elect the member of the committee from that constituency.(emphasis supplied)19. taking into consideration the provisions of the act in the aforesaid section and the amendments brought in to sub-rule (3) of rule 6. we find that the amended rules speak of organization of constituencies on either ..... of candidates from the reserved categories.15. we, therefore, hold that the prayer of the petitioners in this regard to declare the amendments brought in to section 28 of the act as ultra vires, cannot be accepted and we, accordingly sustain the amendments.16. with regard to the amendments brought in to the election rules by .....
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