Court : Orissa
Decided on : Dec-22-2006
Reported in : 103(2007)CLT376; 2007(I)OLR209
..... orissa, was established and administered by the muslim community of the state and that of cuttack city and as such comes within the purview of section 2 of orissa education act, 1969 and for quashing the government order dated 29.3.1995 refusing to declare the said institution as a minority community managed educational institution.2 ..... of both hindu and muslims and reconstitution/constitution of managing committee was being approved by the inspector of schools in terms of the provisions of orissa education act and rules framed thereunder. the writ petitioners have filed their additional affidavits and documents in support of the claim made in the writ petition.5. the ..... and imparts education from class-iv to class-x in both oriya and urdu medium. it is an aided educational institution within the meaning of orissa education act. according to the state, although the school has been functioning since long, donors from all religions have contributed to its upliftment. but, however, it is .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR186
..... the learned counsel for the petitioner challenges the passing of the resolution of no-confidence motion in view of the provisions of section 54(1 )(ii) of the said act. section 54 of the said act provides for holding of a meeting specially convened by the district magistrate about passing a resolution for want of confidence against the ..... to be considered in another meeting. in paragraph-5 of the judgment, the learned judges have explained the position.14. in fact the provision of section 54 of the said act was different when it was considered in pradeep kumar sahu (supra) than what it is today. the decision in pradeep kumar sahu's case was ..... with the finding that the resignation by those two councillors was not tendered nor was it accepted in accordance with the statutory provisions contained in section 43 of the orissa municipal act, 1950 and thereafter the district magistrate intimated the state election commission not to go ahead with the revision of the electoral roll and directed .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 103(2007)CLT681; [2007(114)FLR382]
..... to adjudicate the dispute on a reference under section 10(1) of the industrial disputes act and the proper remedy for the petitioners would be to approach the constitutional court under articles 226 of the constitution or the ..... appropriate administrative tribunal under section 19 of the administrative tribunals act. admittedly, the present petitioners are holding civil posts and their matter is pending before the orissa administrative tribunal and the tribunal is ..... not been considered in the judgment under review. perusal of the said decision shows that it arose out of a case under the industrial disputes act wherein the apex court held that if the petitioners were holding civil posts, the necessary conclusion would be that the industrial tribunal has no jurisdiction .....
Tag this Judgment!Court : Orissa
Decided on : Aug-23-2006
Reported in : (2007)5VST83(Orissa)
..... certain goods of special importance for inter-state trade and commerce is mentioned and barley is included against entry (x) in the list of items in section 14(i) of the act.9. learned counsel for the petitioner submits that the tribunal has erred in 9 law by reversing the judgment of the first appellate authority and in doing ..... 14 of notification no. 12525-cta-62/82/f dated march 22,1982. the honourable apex court held that having regard to the notification issued under section 3b of the orissa sales tax act, 1947, desiccated coconut manufactured by the appellant would come within the definition of coconut as contained in relevant schedule, namely item 14 (vi) of the ..... years has escaped assessment in view of the wrongful grant of exemption, orders for reopening of assessments were passed by the concerned sales tax officer under section 12(8) of the ost act.4. in course of such assessment proceeding, the sales tax officer held that the petitioner had sold barley to the tune of rs. 29,138. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 103(2007)CLT281
..... with the union but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 & 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government.the aforesaid ..... curricular activities to the students as well as teachers of the schools. according to s.v.s., its main objective was to act as educational agency to spread education within weaker sections of the society and it has been carrying on the activities as affiliated body relating to some other schools in the state, but ..... as delineated in the writ petitions, tend to reveal that the national aluminium company ltd. (nalco), which is a company incorporated and registered under the companies act, 1956 and is a government of india enterprise having its registered office at bhubaneswar, is engaged in manufacture and production of alumina and aluminium in its manufacturing .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-2006
Reported in : 2007CriLJ819
..... course of investigation the tractor and trolley in question were seized from the possession of the petitioner. the petitioner claiming to be a bona fide purchaser filed a petition under section 457, cr.p.c. before the sdjm, bhubaneswar with a prayer to release the said tractor and trolley in his zima. the learned sdjm on scrutiny of the ..... to him the complainant-opposite party no. 2 was the first purchaser. the r. c. book stood in his name. while he was the owner the learned sdjm had acted illegally in directing release of the tractor and trolley in favour of the petitioner. he further submitted that seizure of the aforesaid vehicles made by the bank was illegal and ..... in the name of the complainant-opposite party no. 2 and the question of propriety of the seizure thereof by the bank was still subjudice, the sdjm had acted illegally in directing release of the tractor and trolley in favour of the petitioner and reversing the order of the sdjm he directed release of the tractor and trolley .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : AIR2007Ori58; 103(2007)CLT445; 2007(I)OLR157
..... not require any strong argument to justify the conclusion that the office of a lawyer or a firm of lawyers is not a 'shop' within the meaning of section 2(15). whatever may be the popular conception or misconception regarding the role of today's lawyers and the alleged narrowing of the gap between a profession on ..... traditionally lawyers do not carry on a trade or business nor do they render services to 'customers'. the context as well as the phraseology of the definition in section 2(15) is inapposite in the case of a lawyers office or the office of a firm of lawyers. the analogy given in the counter affidavit on ..... of science and learning are extended to other departments of affairs, other vocations also receive the name, which implies professed attainments in special knowledge as distinguished from mere skill.act of professing; a public declaration respecting something. profession of faith in a religion.the apex court in management of safdarjung hospital, new delhi v. kuldip singh sethi : .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 104(2007)CLT51
..... ) committed the breach of the rules of natural justice, (4) reached a decision which no reasonable tribunal would have reached or (5) abused its power. the extent of duty to act fairly will vary from case to case. shortly put, the grounds upon which an administrative action is subject to control by judicial review can be classified as illegality, irrationality and .....
Tag this Judgment!Court : Orissa
Decided on : Nov-22-2006
Reported in : AIR2007Ori97
..... some cases agreement between the parties have been signed after 31-8-2004 and, therefore, the petitioners of those cases cannot obviously claim the benefit of section 64a of the sale of goods act, 1930 since they have entered into the contract, after the promulgation of 2004 rules and, therefore, are to be presumed in law to be ..... the contractors and the department has got no relation to the increase/decrease in the rate of royalty. this question is answered by the stipulations contained in section 64a of the sale of goods act, 1930 which is quoted herein below:64a. in contracts of sale, amount of increased or decreased taxes to be added or deducted- (1) unless ..... revise their bills appropriately indicating the enhancement of royalty, if any effected pursuant to 2004 rules. on such revised bills being submitted, in terms of section 64-a of the sale of goods act, 1930, the state is bound in law to effect such enhancement of cost on account of revised royalty, but, the payment towards the same .....
Tag this Judgment!Court : Orissa
Decided on : Jun-20-2006
Reported in : 1(2007)ACC488
..... grievance of the petitioners.8. it is not necessary to prolong a discussion to resolve the dispute inasmuch as the statutory provision in section 88 read with section 67 of the act clearly provides the power of the state governments in relation to bipartite, tripartite or multipartite agreement as the case may be with ..... i.e., 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 ..... [1987]3scr661 . petitioner further stated that as per letter dated 26.8.1996 of the state of orissa issued in exercise of the power under section 67 of the act, the chairman, state transport authority, orissa was directed not to issue temporary permit on any new inter-state route until finalization of the reciprocal agreement .....
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