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-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-03-2006
Reported in : 2007CriLJ1189
..... magistrate, first class, khurda in case no. 2(c) c. c. 54/85 (t.r. case no. 163 of 1988) acquitting the respondents from charge under section 3(a) of the railway property (unlawful possession) act.2. the case of the prosecution is that on 12-6-1985, p.ws. 1 and 4 were escorting 215 of up bhubaneswar-palasa passenger train ..... the accused at a later stage. under the circumstances, the court held that railway protection force officer-in-charge of post inquiring into an alleged offence by an accused under section 3(a) of the act is not a police officer and confession alleged to have been made by the accused before him is admissible in evidence under ..... section 25 of the evidence act, yet where the evidence showed that an accused was forcibly taken to r.p.f. post where he was alleged to have made the confession and the accused later denied .....
Tag this Judgment!Court : Orissa
Decided on : Nov-02-2006
Reported in : 2007CriLJ1100
..... victim without her consent is not believable.5. mr. khuntia, learned addl. government advocate, submits that there are ample materials against the accused-respondent to convict him under section 376, i.p.c. according to him prosecutrix's evidence alone is sufficient to convict the accused-respondent of such offence. he further submitted that the victim herself caught ..... intercourse by the accused-respondent. it cannot be said that intercourse was committed without her consent. once it is held that she was a consenting party to such act, evidence of other post-occurrence witnesses or other witnesses is of no avail to the prosecution.7. under ordinary circumstances, it is not possible for a single man ..... which generally a lady would do if she is not a consenting party. but in that case, the lady could not have slept there till the accused completed the act. from the scanning of the evidence of p.w. 1, it transpires that p.w. 1 enjoyed as a passive partner and only after full satisfaction of the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-01-2006
Reported in : 103(2007)CLT93
..... acquitted the respondent of the charge with the observation that in view of the consent of the victim girl, who was a major, the ingredients of rape as contemplated under section 375, i.p.c. were not established. challenging the said order of acquittal, the present appeal has been filed.4. mr. mishra, learned standing counsel appearing on behalf of the ..... patna police station on 29.11.1989 vide f.i.r. ext. 1 and the police authorities investigated into the case. on completion of investigation accused was charge-sheeted under section 376, i.p.c. and was tried in the above noted sessions case. the plea of the respondent was one of the complete denial and false implication.3. to prove .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-2006
Reported in : 103(2007)CLT164; 2007(I)OLR8
..... be taken up for consideration at the meeting.7. a reading of the above provision clearly shows that no meeting for considering a vote of no confidence under section 24 of the act can be adjourned to a subsequent date.8. learned addl. government advocate submitted that the meeting having not been held on 15.1.2005, the question of ..... is on account of inability to hold the proceeding/meeting on the scheduled date. it is also clear from the above provision of the act that the bar imposed under section 24(2)(h) of the act is a bar for adjourning the meeting of 'vote of no confidence'. it is specifically provided that such a meeting cannot be adjourned. ..... confidence motion' passed against the sarpanch-petitioner in the meeting held on 2.2.2005.4. learned counsel for the petitioner relying on the provisions of section 24(2)(h) of the act contended that the said provision clearly bars adjournment of a meeting scheduled to be convened with regard to the vote of 'no confidence motion'. he further .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-2006
Reported in : 103(2007)CLT126
..... considered while passing the impugned award.6. on consideration of the rival contentions raised in the present proceeding, i am of the view that in terms of section 34 of the act, an arbitral award may be set aside by a court if the court is satisfied that the party making an application for setting aside an arbitral award ' ..... which the learned district judge has set aside the award is clearly not sustainable in law since the ground stated in the impugned order is not available in section 34 of the act and accordingly, the impugned order dated 1.10.2004 passed by the district judge, cuttack in arbitration misc. case no. 35 of 2002 is liable to ..... done the petitioner would suffer irreparable loss.3. the learned counsel for the appellant vehemently submits that the impugned order suffers from non-consideration of the requirement of section 34 of the act and further submits that the learned district judge ought not to have remanded the matter on payment of costs of rs. 1,000 /in view of the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-25-2006
Reported in : [2008]296ITR733(Orissa); [2009]179TAXMAN39(Orissa)
..... the following order:.i hereby direct the assessing officer to treat the kalinga foundation trust, as a charitable trust, having independent identity and entity, which is required under section 12a of the act and delete the addition made in the status of aop on protective basis.thus, all the grounds of appeal are allowed.in the end the appeal is allowed.4 ..... petition. the said prayer no. (iii) is set out below:(iii) after hearing the parties direct opposite party no. 1 to grant approval to the petitioner under section 80g of the income-tax act, and/or.2. learned counsel for the revenue submits that the said prayer no. (iii) cannot be granted since the same is subjudice before the appellate tribunal.3 .....
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