Court : Orissa
Decided on : Apr-04-2006
Reported in : 2006(I)OLR657
..... any order passed by the govt. or authorities as detailed in the said explanation can file an application before the tribunal under section 19(1) of the act. section 20 of the act provides that the tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies ..... of purported stagnation, in the absence of an order actually affecting the applicants adversely, did not entitle them to seek the remedy provided in section 19(1) of the act as persons aggrieved. the opposite parties/applicants had, therefore, no locus standi to approach the tribunal.moreover, the action of the state government in ..... save as otherwise directed by the tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.(emphasis supplied)section 20 of the act is as follows:20. applications not to be admitted unless other remedies exhausted.- (1) a tribunal shall not ordinarily admit an application unless it .....
Tag this Judgment!Court : Orissa
Decided on : Apr-05-2006
Reported in : 2006(I)OLR757
..... of the aforesaid contention and on due reference to the evidence of p.ws. 4 and 8, we find that the trial court was right in rejecting the evidence under section 27 led by the prosecution vide exts. 15 and 23. in that context the seizure list, statement of the accused and evidence of both p.ws. 4 and 8 do ..... the same.9. for the reasons indicated above, we set aside the order of conviction by granting benefit of doubt to the accused and acquit him from the charge under section 302, i.p.c. he be set at liberty forthwith.the jail crl. appeal is allowed accordingly. ..... 1. order of conviction under section 302, i.p.c. and sentence of imprisonment for life pronounced by learned second addl. sessions judge, cuttack as against the appellant in sessions trial no. 15 of 1995 (sessions .....
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 : 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 : Apr-24-2006
Reported in : 2006(I)OLR772
..... held that a decision taken by the public authority in commercial/contractual transactions of state or its instrumentality, the decision making process is open to judicial review. though court cannot act as an appellate authority but if the process is violative of article 14 of the constitution of india, the court can strike down the decision and action taken pursuant thereto ..... party is no more res integra and is settled by a large number of judicial pronouncements of the supreme court. however, on a given set of facts, if the state acts in an arbitrary manner even in the matter of contract, an aggrieved party can approach the court by way of writ under article 226 of the constitution and the court .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-2006
Reported in : 2006(I)OLR708
..... .rs. on 12.10,2001 and 8.11.2001 with baripada town police station which was ultimately registered as f.i.r. no.18/2002 on 29.1.2002 under sections 420/468/471/120-b of the i.p.c.further in the writ application, the petitioners averred that on detection of such fraudulent transaction and on the basis of ..... .10.2001 and 8.11.2001, until 29.1.2002 on which date the o.i.c., baripada town police station registered the same as fir no. 18/2002 under sections 420/468/471/120-b, i.p.c. purportedly on the basis of the letter no. 2963 dated 8.11.2001 of the asst. auditor general, co-operative societies, mayurbhanj .....
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 : 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 : May-19-2006
Reported in : 2006(II)OLR50
..... pay for the college teachers with the terms and conditions prescribed in the resolution dated 6.10.1989, annexure-8, cannot add any further condition so as to exclude a section of eligible persons from getting the benefits which had been accrued to them on the basis of the resolution dated 6.10.1989.8. in our considered opinion, the order .....
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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