Court : Orissa
Reported in : AIR2003Ori149; 2003(I)OLR508
..... proceedings. in that context, the term 'other proceedings' gathers momentum for a judicial interpretation because of lack of definitions in c.p.c. or the general clauses act. proceeding, as it means according to the dictionary meaning, cannot be totally imported to interpret the term 'proceeding' used in this section. in that context, a ..... in the high court under section 115 of the code of civil procedure, 5 of 1908, prior to the commencement of this act shall, notwithstanding such amendment, continue to be heard and decided by such court.' 6. it be borne in mind that the aforesaid orissa amendment came into ..... expression 'any case which has been decided' includes any order deciding an issue in the course of suit or other proceeding.saying.-- the amendment made by this act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT749; [2005(106)FLR283]
P.K. Mohanty, J.1. The petitioner assails the Order dated 22.5.2000 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 84 of 1998 rejecting his prayer for a direction to the opposite parties to give him an appointment in accordance with his educational qualification and experience as a casual labourer under the administrative control of the Railway Recruitment Board with effect from the date similarly situated candidates were regularized.2. The brief fact of the petitioner's case is that he was working as a casual labourer under the administrative control of the Railway Recruitment Board, Bhubaneswar with effect from the year 1985. While continuing as such, Opposite Party No. 1 on the basis of the representation submitted by the South Eastern Railway Men's Union advised Opposite Party No. 2 to absorb/engage the discharged casual labourers who were continuing on or before 1991 under the Railway Recruitment Board. The petitioner submitted a representation b...
Tag this Judgment!Court : Orissa
Reported in : [2006]147STC231(Orissa)
..... 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 to constituent collieries of m ..... the branches raised the bills and received the sale price. they also furnished form f to the registered office in hyderabad under section 6-a of the central sales tax act, 1956 in the case of stock transfers to the branches. the petitioner-company was assessed to state sales tax in maharashtra, west bengal and tamil nadu in respect of ..... or the quality of the goods that were actually supplied by the appellant to its various purchasers ;(v) that so far as section 3(a) of the central act is concerned there is no distinction between unascertained and future goods and goods which are already in existence, if at the time when the sale takes place these goods .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3265; 2009(I)OLR826
B.K. Patel, J.1. Petitioners, who are the accused persons in I.C.C. No. 11 of 1993 of the Court of learned S.D.J.M., Bhubaneswar instituted by the opposite party-complainant, have made prayer in this application under Section 482 Cr.P.C. to quash the order dated 12.3.2007 taking cognizance of offences under Sections 420 and 406 I.P.C. and issuing summons to the petitioners.2. Case of the opposite party-complainant is that accused No. 1 is a registered company engaged in manufacture and sale of breweries in the brand name of 'Khajuraho Super Strong Lager Beer: and accused No. 2 is the Managing Director of the Company. The company is situated and the opposite party No. 2 is residing at Bhopal in the State of Madhya Pradesh. They entered with an arrangement with the complainant by letter dated 24.12.2000 for the purpose of marketing and sales promotion of their product through the Orissa State Beverage Corporation. As per the arrangement, the complainant was to deposit Rs. 24 lakhs with t...
Tag this Judgment!Court : Orissa
Reported in : 1966CriLJ851
..... complied with by the magistrate recording the statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding anything contained in section 91 of the evidence act, such statement shall be admitted if the error has not injured the accused as to his defence on the merits. it is well settled that section 533 can cure errors .....
Tag this Judgment!Court : Orissa
Reported in : [1970]25STC38(Orissa)
..... submitting his taxable turnover fcfr the purchases covered by these references, he claimed certain sums as permissible deductions under section 5(2)(a)(a)(ii) of the act being sales to registered dealers of goods intended for resale in orissa. the sales tax officer suspected the genuineness of the declarations furnished by the assessee and ..... the assistant commissioner and restored that of the sales tax officer disallowing the deductions. the state, thereafter, filed an application under section 24(1) of the act before the tribunal praying to refer three questions of law which arise from out of the order of the tribunal for determination by this court. the first ..... department to lead evidence to show that the holders of these certificates of registration were not registered dealers in the eye of law as defined in the act. but one cannot go beyond this limit and say that the taxing authorities are completely estopped from challenging the correctness of the entries made in the registration .....
Tag this Judgment!Court : Orissa
Reported in : [1972]29STC359(Orissa)
..... the meaning of the general sales tax act.referring to the contention advanced on behalf of the board, as has been done by the petitioner in this case, that the board makes over the profits to ..... marketing activity or sale by the board of the coffee which is under its control and custody of which it becomes the absolute owner under the provisions of the act is undoubtedly the business of the board of selling goods and, therefore, the transactions of the board now under consideration are clearly transactions of the dealer within ..... advance the same to the weaver members who shall convert them into finished goods and deliver them to the society, to pay wages for such conversion....(e) to act as an agent for marketing the finished products of weaver members to their best advantage. to open branches of sale depots for this purpose....the society purchases the .....
Tag this Judgment!Court : Orissa
Reported in : (1971)IILLJ196Ori
..... also contended that even if the two unions did not come to espouse the cause of the petitioner in view of the incorporation of section 2a in the act, by central act 35 of 1965, the petitioner as the dismissed workman was entitled to maintain the dispute. the reasoning given in the order dated 29-11-67 is also ..... case and it answers both the points raised by the petitioner. firstly, as no conciliation proceeding had ever commenced, there was no duty cast upon the conciliation officer to act in accordance with sub-section (4) of section 12. secondly, the petitioner is not entitled to a direction from us requiring the conciliation officer to hold conciliation proceeding.8 ..... of the opposite party no. 2 dated 29-11-67 and for a direction to him to initiate a regular proceeding for conciliation as contemplated under the industrial disputes act.3. the opposite party no. 2 has entered appearance but has not filed any counter-affidavit. the employer applied for intervention and by our order dated 8-4 .....
Tag this Judgment!Court : Orissa
Reported in : 1973CriLJ120
ORDERR.N. Mishra, J.1. The members of the second party in a proceeding under Section 145. Cr.P.C. are the petitioners. The disputed property is said to be about 7 acres which was once upon a time a river bed. The lands are situated in the ex. State area of Keonjhar The learned Magistrate passed the following order on 18.9.70:Seen the report of the Officer. Incharge, Anandapur Police Station submitted in his non. F.I.R. No 58/70 Issue notice to both the parties to appear in my court on 19.10.70 at 10.30 A.M. to prove their possession over the disputed lands.Pursuant to such an order notices in the form prescribed In the Code of Criminal Procedure were Issued purporting to be under Section 145 Cr.P.C. Sub-section (1) of Section 145 Cr.P.C. provides,Whenever... a Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of h...
Tag this Judgment!Court : Orissa
Reported in : [1975]36STC228(Orissa)
..... 27th april, 1970.3. in s.j.c. no. 153 of 1972, the year of assessment is 1967-68 while in the other reference application, the year of assessment is 1968-69. in both these cases the point in dispute is as to whether when the articles sold are made of bullion and specie containing filigree works the rate of tax ..... , we propose to answer the question by this common judgment for both the references.2. in exercise of powers vested in the state government under section 5(1) of the act, the notification dated 30th december, 1957, has been made fixing the rate of tax payable by a dealer on account of sale of goods specified in column (2) of the ..... r.n. misra, j.1. the following question has been referred under section 24(1) of the orissa sales tax act (hereinafter referred to as the act) for our determination :whether, in the facts and circumstances of the case, ornaments decorated with filigree works are taxable at 2 per cent as per serial no. 1 or at .....
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