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 : 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 : Dec-22-2006
Reported in : 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori
..... the country. the report was submitted before the cacls and keeping in view the guidelines laid down in clauses (a) to (d) of sub-section (2) of section 10 of clra act, the central government has issued the notification dated 17.3.1993. reference has been made to certain decisions of the apex court which would be dealt ..... the petitioner that the central government having not consulted the central advisory contract labour board as contained in clauses (b), (c) and (d) of section 10 of the clra act, the impugned notification is vitiated and liable to be quashed has to be rejected. central government has taken the specific stand that before issuing notification dated ..... work in any establishment would be abolished or not is a matter for the decision of the appropriate government after considering the matters required to be considered under section 10 of the act. the decision in bhel workers association v. union of india and ors. : (1985)illj428sc and the workman of fci v. fci : (1985)iillj4sc .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR161
P.K. Mohanty, J.1. The petitioners who had appeared at the Annual Higher Secondary Examination, 2001 call in question the decision of the opposite party No. 1, Council of Higher Secondary Education, Orissa cancelling the examination in English Paper-II and awarding '00' marks in the said paper.2. The petitioners' case in brief is that having passed the High School Certificate Examination conducted by the Board of Secondary Education, Orissa and securing good percentage of marks, they had been admitted into Jagannath Mahavidyalaya, Ashok Nagar, Batto in the district of Keonjhar. They appeared at the Annual Higher Secondary Examination, 2001 duly permitted by the Council. The examination centre was earlier scratched and as such the College authority decided not to conduct the examination taking the Principal of the College as the Centre Superintendent. The Sub-Collector, Anandapur was requested by the opposite party Nos. 1 and 2 to conduct the examination through their administrative sta...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR172
..... 60 days from the date of the order appealed against in view of the specific provision contained in section 19 of the contempt of court act. 1971 read with section 17 of the administrative tribunals act. 1985. section 17 of the administrative tribunals act is a piece of legislation by reference. xx xx xx. any order or decision of the tribunaj ..... failed to appreciate and lay emphasis on the expression in the judgment of the hon'ble apex court to the following effect:while holding the proceedings under section 17 of the act, the tribunal remains a tribunal and so would be amenable to the jurisdiction of the high court under articles 226 and 227 of the constitution subject ..... the same is inoperative xx xx xx in view of confinement of the powers of the high court in so far as proceedings before the tribunal under section 17 of the a.t. act. 1985 is concerned-application of article 227 of the constitution is not attracted and therefore, the further proceeding in this c.p. will continue. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 103(2007)CLT675; [2007(114)FLR689]
I.M. Quddusi, J.1. Heard Shri A.K. Mishra, Learned Senior Advocate for the Petitioner, Learned Addl. Government Advocate for the State and Learned Asst. Solicitor General for the Union of India.The Departmental Promotion Committee (for short 'D.P.C') considered promotion of the eligible I.P.S. officers to the grade of DIG of Police and made its recommendation on the basis of which, the Government of Orissa in General Administration Department issued promotion order of four I.P.S. Officers including the Petitioner vide Govt. Notification dated 21.1.2005. The said notification speaks as under:Government of OrissaGeneral Administration DepartmentNOTIFICATIONBhubaneswar dated the 20th January, 2005.No. AIS/II-3/2005-2555/AIS.I. The following I.P.S. Officers are promoted to the grade of D.I.G. of Police with effect from the date of their joining against the promotional post.1. Sri Sudhanshu Sarangi, IPS (RR-90)On study leave.2. Sri Arun Kumar Sarangi, IPS. (RR-90)S.P.-I, C.I.D., C.B., Cutta...
Tag this Judgment!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-22-2006
Reported in : 103(2007)CLT451; [2008]142CompCas426(Orissa); [2007]78SCL415(NULL)
..... there being no record to show that mr. niranjan is their authorised representative having been duly authorised by m/s. ruhatia spinners pvt. ltd., a company incorporated under the companies act, he was not entitled to maintain the appeal on behalf of the company. it is also submitted that the appeal had been filed on 11.9.2006 whereas the purported ..... p.k. mohanty, j.1. this appeal is directed against the order of the learned company judge dated 8.9.2006 in company act case no. 4 of 2002 and misc. case no. 73 of 2006 directing the respondent no. 3 idcol to deliver possession of the units to messrs rajashree banijya pvt. ltd., .....
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 .....
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