Court : Orissa
Decided on : Nov-06-2006
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
..... case of morvi cotton, merchants' industrial corporation ltd. v. state of gujarat reported in . in both the cases, the expression 'without reasonable excuse' in section 10(d) of cst act has been considered. the learned judges while deciding the nalco case also referred to another division bench judgment of this court in the case of deputy chief mining ..... the basis of 'c' forms? the subsidiary question is whether in purchasing the said items against 'c form the petitioner has contravened the provisions under section 10a of the cst act to attract penalty and whether the plea taken by the petitioner company that in the absence of mens rea the penalty should not have been imposed, ..... clear that the plant and machinery have been handed over to the contractors in furtherance of execution of the contract and this is in violation of section 10(d) of the act as the dealer himself has not utilized the goods. the learned counsel also submitted that in the facts and circumstances of the case, the default .....
Tag this Judgment!Court : Orissa
Decided on : Nov-06-2006
Reported in : AIR2007Ori76; 103(2007)CLT339
..... found to have committed any offence punishable under law, it would be open to the vigilance department to take appropriate steps as per the relevant provisions of prevention of corruption act, penal code or any other penal law dealing with such offences.the report submitted before this court be kept in a sealed cover. a copy of this judgment be supplied .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-2006
Reported in : 2007CriLJ958; 2007(I)OLR109
..... of the said fir, jharsuguda police registered p.s. case no. 413 of 2005 for commission of alleged offences punishable under sections 498-a/304-b/34 ipc and section 4 of dowry prohibition act.investigation commenced and on police requisition an executive magistrate was deputed to conduct inquest over the dead body. it appears from the case ..... , in the meanwhile investigation has been completed, charge-sheet has been submitted against the petitioners for alleged commission of offences under sections 498-a/304-b/302/34 ipc read with section 4 of d.p. act. after commitment, the case has been registered as st. no. 24 of 2006 which is pending before the addl. sessions ..... informant by filing their vakalatnama.4. in the case at hand, the fir was registered for alleged commission of offences under sections 498-a/304-b/34 ipc read with section 4 of the dowry prohibition act.according to mr. dhal, learned counsel for the petitioners, there is absolutely no material, much less any prima facie material, .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-2006
Reported in : 2007(2)ARBLR309(Orissa); 103(2007)CLT319
..... the facts and various disputes raised before this court, it is necessary to have a glance through the provisions of law dealing.with interference with arbitral awards.section 34 of the act deals with recourse of a party to approach court against an arbitral award and the grounds on which such award can be set aside. the word 'only ..... to appreciate the materials on record and illegally and with material irregularity allowed claim item no. 5 of the contractors though there was gross violation of section 28(3) of the act as well as clauses 31 and 32 of the general conditions of contract. it is also alleged that amount awarded by the arbitrator towards escalation of ..... it was neither against the public policy nor did it suffer from the vice of non-consideration of any material evidence; and thus the petition filed under section 34 of the act was liable to be dismissed in limine.6. before the district judge, as would be evident on a perusal of the impugned judgment,lengthy arguments were advanced .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-2006
Reported in : 103(2007)CLT86; [2007(113)FLR204]
I.M. Quddusi, J.1. This Writ Petition has been filed against the judgment and order dated 26.4.2000 passed by the Orissa Administrative Tribunal in O.A. No. 1451 of 1993 dismissing the same.2. The aforesaid O.A. was filed by the instant petitioner with a prayer for a direction to give him promotion to the rank of Additional Transport Officer (Stores) from the rank of Assistant Store Keeper in place of opposite party No. 6 of the instant writ petition.3. The brief facts of the case are that the petitioner was appointed as Store Keeper in the Central-Workshop of the Directorate of Health vide order dated 3.3.1969 temporarily ,but was confirmed later on. The Central Workshop was manned by two officers, namely, Store Keeper and Store Superintendent. The duty of the Store Keeper is to control the store and look to its maintenance. The Store Superintendent is in exclusive charge of the Store of the Central Workshop. The post of the Store Superintendent was upgraded to that of Additional Tran...
Tag this Judgment!Court : Orissa
Decided on : Nov-13-2006
Reported in : AIR2007Ori43
..... 26. such purpose is obviously to minimize and overcome the well known procedural wrangles of a civil proceeding pending before a civil court. that is why apex court gave section 31 of rdb act a purposive interpretation in the case of united bank of india v. abhijit tea co. reported in : air2000sc2957 (see paras 22 and 28 of the report).27 ..... . vasanthalakshi and another v. indian bank and ors. reported in (2001) 106 com cas 360. the learned judge held that in view of the provision of section 31 of the rdb act, on and after the formation of drt, the suit filed by the bank and other proceedings instituted by the petitioners, wherein the claim was more than rs. ..... courts to other authorities. there can be no dispute with the aforesaid principles but in the instant case, the transfer of pending proceeding has been expressly stated in section 31 of the act. in the face of such clear statutory mandate for transfer of the proceeding to drt, it is difficult to hold that the civil court will have the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-15-2006
Reported in : 103(2007)CLT191
..... http://en.wikipedia.org:/wiki)8. the biomedical waste (management and handling) rules, 1998 was framed in exercise of the powers conferred by sections 6, 8 and 25 of the environment (protection) act, 1986 and disposal of such waste in the various hospitals and nurshing homes of the' state are to be periodically checked by the state ..... writ petition, we are unable to come to a definite conclusion as to whether the three medical colleges of the state as well as various nurshing homes are acting in accordance with the rules, 1998 and whether the authorized persons of the respective hospitals are submitting annual reports as per rule 10 and maintaining records as per ..... waste sharps have to be puncture-proof and can be blue, white or translucent in colour. sharps need special attention while being segregated and stored because needless can act as a pool where pathogens may survive for a long time because of the presence of blood. also the sharps can provide a direct route into the bloodstream .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-2006
Reported in : 104(2007)CLT273; 2007(1)OLR790
..... bidanasi, sadar cuttack by virtue of orders passed on their respective applications. however, the said lands along with other lands were acquired under the land acquisition act, 1894 by publication of notices under sections 4 and 6 thereof. appeals and revisions were filed against the orders by which the petitioners were settled with the said lands. ultimately, the petitioners ..... may also be considered in accordance with law along with other eligible persons.3. as stated above, in the meanwhile, the lands have been acquired under the l.a. act and the same has been transferred to the cuttack development authority (for short 'the c.d.a.') for development of the land as a part of the 'abhinaba ..... .a. to stop work on the land. he further submits that the land having now been included within the cuttack municipal corporation, provisions of the o.l.r. act will not be applicable to the said lands.5. learned counsel for the state also advanced the arguments in support of the case of the c.d.a.6. .....
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 : Dec-05-2006
Reported in : 104(2007)CLT189
..... managing committee was to expire on 19.7.2004. the same having been sent on 20.4.2004 it cannot be legally approved.in terms of sub-section (4) of section 7 of orissa education act, the managing committee of a school shall continue in office for a term of three years from the date of its approval by the prescribed authority. annexure ..... a period of three years with effect from' as found in annexure-5 shall be read as 'for a period of three years from'. by application of section 9 of the general clauses act, as quoted above, in our view the term of three years would be 20.7.2001 to 20.7.2004. the outgoing managing committee was required to pass ..... ' and if the last date is to be included, the word to be used is 'to'.learned counsel for the opp. parties submit that by application of section 9 of the general clauses act '20.7.2001' ought have been deducted from the calculation of the period of 90 days had the approval order been couched with the words 'for three years .....
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