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 : Jan-25-2006
Reported in : AIR2006Ori97; 101(2006)CLT309
..... application is not maintainable as there is an efficacious alternative remedy available to the petitioner by filing an appeal against the final order dated 29.7.2005 under section 19 of the act, before the national commission. with regard to the order dated 2.12.2005 under annexure-2 by which the state commission rejected the application of the ..... to the maintainability of the writ application.6. with regard to the contention of the petitioner that even though there is a provision of appeal under section 19 of the c.p. act, the writ application is maintainable as the allegation made by the petitioner is one of want of jurisdiction on the part of the state commission in ..... petition has held that since a statutory appeal is available to the petitioner, the writ application is misconceived in law.7. since section 3 of the c.p, act specifically provides that the provisions of the act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, we .....
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 : Feb-07-2006
Reported in : 101(2006)CLT625
P.K. Mohanty, J.1. The petitioners in the present Writ Application challenge the action of opposite parties in not granting admission to P.G. Medical Course, 2005 on the ground of non-production of College Leaving Certificate. They have prayed for a direction to admit them to the P.G. Medical Course for which they have been selected in the Entrance Examination after fresh counselling. Prayer has also been made for quashing the counselling of candidates held on 18.4.2005 as illegal and arbitrary.2. The short fact of the petitioners' case bereft of unnecessary details is that petitioners No. 1 to 4 are in-service candidates and they had submitted their service certificates as per the call letter at the time of counselling but the opposite parties insisted that the petitioners have to produce College Leaving Certificate to get admission into P.G. Medical Course, 2005. According to the petitioners, non-production of the College Leaving Certificate at the time of counselling is per se not a...
Tag this Judgment!Court : Orissa
Decided on : Feb-08-2006
Reported in : 2006(I)OLR576
..... for the orissa seeds corporation and supply thereof, vigilance cases were registered, investigated and on conclusion of investigation charge sheets were submitted under section 5(1)(c) & 5(1)(d) of the p.c. act read with sections 420 and 120-b, ipc. after cognizance those cases were registered as t.r. case nos. 71, 72 & 73 of 1983 ..... and as mandatorily obliging the court to terminate the same and acquit or discharge the accused. the criminal courts should exercise their available powers, such as those under sections 309, 311 and 258 of the code of criminal procedure to effectuate the right to speedy trial. a watchful and diligent trial judge can prove to be better ..... as the case may be, to proceed with the case with reasonable promptitude. particularly, in this country, where the large majority of accused come from and poorer weaker sections of the society, not versed in the ways of law, where they don't often get competent legal advice, the application of the said rule is wholly inadvisable. .....
Tag this Judgment!Court : Orissa
Decided on : Feb-13-2006
Reported in : [2007]80SCL165(NULL)
..... to the court, as receiver for distribution of the amount as per his report. this court is conscious of the provision of section 453 of the companies act, 1956, but then the said section clearly provides that a receiver can be appointed with the leave of the court. this court feels, for the reasons assigned above ..... the official liquidator indicating that paradip port trust and some government departments have raised certain claims against m/s. utkal distributors pvt. ltd. at this juncture, company act case no. 5/92 was tagged to the proceedings. this court called upon the parties to suggest suitable measures to decide the inter se dispute. by order ..... i) bansidhar mohanty (dead),(ii) khetramohan biswal (dead),(iii) uchhabananda samantaray (dead),(iv) baman charan das (dead),(v) manmoahn das, and(vi) r.p. nanda.company act case no. 5/92 relates to utkal distributors pvt. ltd. ('udpl' for short). the following were the board of directors of the said company.(i) bansidhar mohanty (dead),( .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-2006
Reported in : AIR2006Ori103; 102(2006)CLT185; 2006(I)OLR428
N. Prusty, J.1. W.P.(C) No. 13534 of 2003 has been filed by the plaintiff challenging the order-dated 24.06.03 passed by the learned Civil Judge (Senior Division), Sambalpur in T.S. No. 71 of 2001 whereby the learned Court below has accepted the written statement filed by the defendant No. 2 beyond the period of 90 days.2. W.P.(C) No. 3139 of 2005 has been filed by the defendant No. 1 against the order dated 9.12.04 in T.S. No. 71 of 2001 passed by the learned Civil Judge (Senior Division), Sambalpur whereby the written statement filed by the defendant No. 1 was not accepted by the learned Court below since the same has been filed beyond the period of 90 days.3. As it appears from the above in the self same case, even though both the defendants filed their respective written statements beyond 90 days, the learned Court below has accepted the written statement filed by the defendant No. 2 but declined to accept the written statement filed by the defendant No. 1.4. Mr. S. Mishra, learned...
Tag this Judgment!Court : Orissa
Decided on : Mar-10-2006
Reported in : AIR2006Ori105; II(2006)DMC316; 2006(I)OLR524
..... .9. the second question raised before this court is the role of amicus curiae in a proceeding before the family court appointed under proviso to section 13 of the act. shri mohanty, learned counsel appearing for the opposite party and sri jagannath patnaik, senior advocate who had been requested to assist the court in ..... 1991 bom. 105, leela mahadeo joshi v. dr. mahdevo sitaram joshi.8. as is evident from the decisions referred to above the courts while interpreting section 13 of the act and the relevant rules of the respective states, observed that in matrimonial proceedings, issues such as, custody of children, visiting rights, maintenance, alimony, apportionment of ..... and there if only one class of legal practitioners i.e. 'advocates'. advocates are enrolled by the bar council after scrutinizing the eligibility thereto. under section 30 of advocates act, 1961, which is a central enactment, advocates are entitled to practise as a right in all courts and it is needless to mention that the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-18-2006
Reported in : 2006(I)OLR494
..... be reopened or disturbed by this court of second appeal. besides those findings, it is now seen that the appellants are not entitled to protection of section 60(b) of the indian easement act, 1882. so, there is absolutely no good reason to upset the judgment and decree of the courts below.9. consequently, this appeal is found to ..... licensee never gets any right or title over the licensed property by making construction thereon and spending considerable amount.7. the term 'licence' has been defined in section 52 of the indian easement act, 1882;52. 'licence' defined - where one person grants to another, or to a definite number of other persons, a right to do or continue to ..... unless it is coupled with (a) the transfer of property and such transfer is in force; (b) the licensee acting upon the licence has executed the work of permanent character and incurred expenses in the execution. sub-section (b) thus says that a grantee who stands by and allows the licensee to build on his land with the .....
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