Court : Orissa
Decided on : Jan-19-2009
Reported in : AIR2009Ori124; 107(2009)CLT430
..... . 2 demanded larger amount by applying the new rate of rs. 200 as per annexure-2 dated 2.2.1995. it is submitted that the parent act of 1959 as well as the impugned amending act, 1993 (act 3 of 1994) are in applicable to mining establishment of the petitioner for the reasons elaborated hereinafter in the grounds of the writ petition.4. when ..... with state under annexure-1 to the writ petition, no details of such alleged compelling circumstances nor coercion has been stated in the writ petition. in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is 'voidable' at the option of the applicant. accordingly, in the event ..... ). in both the cases common question of fact and law have been pleaded and hence both are taken up together for final disposal.10. although various contentions have been raised regarding validity of the 1994 amendment to the orissa irrigation act and rules yet, before we proceed any further we need to first deal with the question of maintainability of the present writ ..... have an indefeasible riparian legal right under indian easement act, 1882. it is also submitted that river karo from which water has been drawn by the petitioner company for its use is an inter-state river and the said river was covered by river board act, 1956 and the state was denuded of its legislative power.9. in the light of the contention as .....
Tag this Judgment!Court : Orissa
Decided on : Jan-20-2009
Reported in : 107(2009)CLT582
..... the subsequent purchasers shall be at liberty to file written statement confining to such amendment. the parties shall be permitted to lead evidence only in respect of 'kha' schedule properties of the plaint. the properties which were alienated in favour of third parties during ..... as regards the land acquired by the transport and railway departments and the land gifted by sk. manohar ali, this court in the first appeal observed as follows:after such amendment application is filed relating to the plaint schedule by mentioned the corresponding hal plot numbers in respect of 'kha' schedule properties and by impleading the subsequent purchasers, the defendants and ..... 10 of the civil procedure code to strike out the name of opposite parties 9 to 19 who are the subsequent purchasers was rejected by the trial court on 7th august, 2007. aggrieved thereby, defendant no. 1 has filed w.p.(c) no. 14199 of 2007 stating therein that this court in first appeal no. 248 of 1988 specifically directed that the plaintiffs have to amend ..... strike out the name of the opposite parties 9 to 19 as defendants. as such, interference of this court is necessary failing which the defendants will face harassment and irreparable loss to proceed with the litigation against the lis pendens purchasers which is a bar under section 52 of the transfer of property act.11. from the above submissions of the learned .....
Tag this Judgment!Court : Orissa
Decided on : Jan-22-2009
Reported in : 107(2009)CLT673
..... the gap between the statutory provisions and are not inconsistent with the said provisions.11. thus, it is settled law that executive instructions cannot amend or supersede the statutory rules or add something therein. the orders cannot be issued in contravention of the statutory rules for the reason that an ..... . district judge, ganjam 69 (1990) clt 279 wherein after taking note of the statutory provisions of 1969 rules, particularly rules 4, 8, 9 and 10 and considering the resolution dated 6.4.1966, this court came to the conclusion as under:a bare reading of rule 4 makes it clear that ..... 1532; dilip kumar ghosh and ors. v. chairman and ors. : air2005sc3485 ; and punjab water supply & sewerage board v. ranjodh singh and ors. air 2007 sc 1082, and it has been observed that statutory rules create enforceable rights which cannot be taken away by issuing executive instructions.13. in k.p. sudhakaran ..... of india and ors. v. mohan lal mehrotra and ors. : (1992)illj335sc ; and c. rangaswamaiah and ors. v. karnataka lokayukta and ors. : [1998]3scr837 .10. the constitution bench of the hon'ble supreme court, in naga people's movement of human rights v. union of india. air 1998 sc 431, held that the executive ..... constitution ignore or act contrary to that rule or the act.8. similarly, another constitution bench of the hon'ble supreme court in sant ram sharma v. state of rajasthan and ors. air 1967 sc 1910, has observed as under:it is true that the government cannot amend or supersede statutory rules .....
Tag this Judgment!Court : Orissa
Decided on : Feb-03-2009
Reported in : 2009CriLJ2585
..... up caused miscarriage without the knowledge of the lady and on coming to learn about that nirmala had lodged an fir at madhupatana p.s. under section 313, ipc against the petitioner. even thereafter petitioner prevailed upon nirmala promising to marry her on 13-2-2005 and motivated her to bring rs. 70,000/- from ..... or otherwise of allegations made in the fir or complaint and the extraordinary and inherent powers of court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can 'soft ..... allow the law to take its own course. similar view had been taken in pratibha rani v. suraj kumar : air 1985 sc 628 : 1985 cri lj 817.10. in l.v. jadhav v. shankarrao abasaheb pawar : air 1983 sc 1219 : 1983 cri lj 1501 the apex court held that court's power is limited ..... filed is totally irrelevant and does not prevent the courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory.9. in state of u.p. v. o.p. sharma : (1996) 7 scc 705 : 1996 cri lj 1878, the hon'ble. supreme court has ..... lj 1249.7. similar view has been taken by the apex court in s.m.s. pharmaceuticals ltd. v. neeta bhalla : (2007) 4 scc 70; vir prakash sharma v. anil kumar agarwal : (2007)7 scc 373 : 2007 cri lj 3735; didigam bikshapathi v. state of andhra pradesh : (2008) 2 scc 403 : 2008 cri lj 724 and sunita .....
Tag this Judgment!Court : Orissa
Decided on : Feb-13-2009
Reported in : 2009(I)OLR844
..... was filed, inter alia, on the ground that the assessing officer was not justified in applying the provisions of section 115bb of the act and that the effect of amendment to section 2(24)(ix) where an explanation was added, vide explanation-ii by the finance act, 2001, came into effect only on 1.4.2002 for the first time, bringing the receipts from t.v ..... the appellant was taxable thereunder or not and the receipt by the appellant taxable under the said provision or not, came to hold that the definition of income under section 2(24)(ix) was amended since the definition was not exhaustive and also to include prizes won in entertainment programmes on television and decided the issue in favour of the revenue.7. on ..... before this court, which came to be allowed by judgment and order dated 3.2.2009 and, therefore, the order of the tribunal dated 20.7.2007 passed under section 154 of the income tax act was quashed.5. in course of hearing the aforesaid writ application, the present appellant informed the court if the pendency of her appeal before this court and ..... .2001 by the assistant commissioner income tax, cuttack-respondent no. 1 whereby, she was called upon to pay income tax of rs. 11 lakhs and subsequently, was reduced to rs. 10.39 lakhs.3. pursuant to the notice from respondent no. 1, the appellant through her representation appeared before the respondent no. 1 and contended that no tax was payable by .....
Tag this Judgment!Court : Orissa
Decided on : Feb-13-2009
Reported in : (2009)107CALLT469(NULL)
..... been not offered the appointment. it is further submitted by the learned addl. government advocate that counter affidavit, annexing all the documents including the amendment in the rules etc. had been filed on 20.4.2000, but till date rebutting the same, no rejoinder affidavit has been filed ..... appointment of the petitioner under the said rules. however, it was not acted upon. the petitioner submitted another representation dated 16.1.1999 (annex.-7) to the district judge, sundargarh wherein petitioner disclosed that she had ..... was in distress and rehabilitation assistance should be provided under the said rules.the establishment officer of the collectorate, sundargarh issued letter dated 10.8.1998 to the district judge, sundargarh enclosing the distress certificate duly signed by the a.d.m., sundargarh asking him to make ..... that petitioner's husband late bijaya kumar minz, who was working as process server in the office of district judge, sundargarh died on 16.9.1997 leaving behind his wife, smt. kishori minz/petitioner, three minor daughters and one minor son. petitioner filed an application seeking appointment for ..... constitutional mandate. (vide national institute of technology and ors. v. niraj kumar singh : (2007)iillj23sc ; state bank of india and ors. v. jaspal kaur : (2007)2llj385sc ; and i.g. (karmik) and ors. v. prahalad mani tripathi : (2007)6scc162 .22. in the case of punjab national bank and ors. v. ashwini kumar taneja .....
Tag this Judgment!Court : Orissa
Decided on : Feb-19-2009
Reported in : 2009(I)OLR710
..... plea of paucity of funds could not be a reason for discrimination.13. though the petitioners have challenged the vires of the provision section 7-c (2) of the orissa education (amendment) act, 1994 in this case, we are not inclined to examine the vires of the same because of the reason that it was the ..... party no. 1-state as back as in the year 1996, taking the stand that in view of the provisions made in section 7-c of the orissa education (amendment) act, 1994, private colleges imparting education in law are not entitled to get the benefit of the grant-in-aid ..... taking appropriate steps for providing grant-in-aid to the recognized private law colleges. the recommendation of the committee was sent to finance department on 24.01.2007 to explore possibility of providing grant-in-aid to 11 numbers of private law colleges in the state. as per the recommendation of hon'ble minister, ..... to kindly place the above matter before the hon'ble court at the time of hearing.thereafter no instruction has come from the government in the matter.9. we have perused the counter affidavit filed by the opposite party no. 1 in the year 1996 as well as the additional counter affidavit dated 19 ..... by the opposite party no. 1 through one gajendra chandra das, deputy secretary to government, higher education department, orissa in response to the amendment petition filed by the petitioner.10. in this regard, it is worth quoting the relevant portion of the decision of the apex court in the case of state of maharashtra .....
Tag this Judgment!Court : Orissa
Decided on : Mar-03-2009
Reported in : (2009)23VST476(Orissa)
..... dealer cannot make any application for registration. the contention of the petitioner that according to sub-section (4) of section 32 of the aforesaid act, the amendment as to change of ownership is deemed to have been amended as the registering authority failed to amend the registration certificate within one month from the date of application, has no application to this case ..... the registration certificate bearing tin no. 21101800603 was granted to dewaram agarwal, proprietor of m/s. deepak trading company. the said dewaram agarwal expired on october 26, 2007 and accordingly the tin number granted to dewaram agarwal ceased and/or became inoperative from that date. as the certificate of registration cannot be transferred under the provisions of ..... authority either on receipt of such application, or otherwise, shall cancel the certificate of registration immediately by an order in writing from the date specified in that order.10. when the death of dewaram agarwal came to the knowledge of the registering authority the latter passed an order under annexure 11 cancelling the vat registration certificate with ..... contentions of the respective parties the following questions fall for consideration by this court:(i) whether the application filed by the petitioner pursuant to the tender notice dated june 9, 2008 is a valid application ?(ii) whether after the death of the proprietor of proprietorship concern, the registration certificate issued to the proprietorship concern remains in force ?( .....
Tag this Judgment!Court : Orissa
Decided on : Mar-17-2009
Reported in : 109(2010)CLT124
..... : (2007) 1 scc 408.10. similar view has also been taken by the hon'ble supreme court in delhi development horticulture employees' union v. delhi administration : air 1992 sc 789; & rajendra v. state of rajasthan : ..... of management development, u.p. v. smt. pushpa srivastava : air 1992 sc 2070 & state of u.p. and anr. v. dr. s.k. sinha and ors. : air 1995 sc 768.9. right to livelihood cannot be stretched so far as to mean that every one must be given a job. vide india drugs & pharmaceuticals ltd. v. workmen ..... by the extra departmental agents (conduct & service) rules, 1964. the petitioner was again appointed vide letter dated 10.2.2000 for a period from 1.10.1999 to 31.3.2000. similar appointment letters had subsequently been issued on 26.5.2000, 6.9.2000, 25.10.2000, 7.2.2001, 1.5.2001, 1.11.2001, 1.2.2002 & 22.3.2004. subsequent ..... to the post of extra departmental packer/mc, osap campus, s.o. bhubaneswar for a period from 12.4.1999 to 30.9.1999 or till regular appointments was made whichever period was shorter. the appointment letter dated 18.9.1999 further clarified that appointment could be terminated when regular appointment was made & he would have no claim for appointment to any .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-2009
Reported in : 2009CriLJ3265; 2009(I)OLR826
..... anr. v. rajiv dubey 2006 (supp.1) olr 240; and meghanad bhainsal and ors. v. state of orissa and anr. 2007 (supp.ll) olr 286.5. the amended provision contained in section 202(1) of the cr.p.c. makes it mandatory on the part of the magistrate to postpone the issue of process against the ..... court in jagdish prasad padhy v. k. nageswar senapathy and anr. (2007) 36 ocr 220 : 2006 (supp-ii) olr 856.4. in reply, it was argued by the learned counsel, for the opposite party that notwithstanding the amended provision contained in section 202(1) cr.p.c, magistrate authorized to take cognizance need not ..... petition and examination of the complainant. on the contrary, after recording initial statement of the complainant on 26.2.2007, issue of processes was postponed till 20.3.2007 in order to conduct enquiry under section 202 cr.p.c. it is a different matter that the complainant did not choose to examine any witness ..... the learned s.d.j.m. bhubaneswar exercises his jurisdiction, issue of processes against the accused persons without receiving any evidence in course of enquiry under section 202 cr.p.c. is illegal and is liable to be quashed. secondly, it was argued that a plain reading of the complaint petition as ..... the arrangement and accordingly intimated the accused no. 1. accused no. 1 remitted rs. 13 lakhs on 7.12.2005 towards refund of security deposit. on 9.12.2005 the complainant sent a letter to accused no. 2 demanding refund of balance amount of rs. 19,15,375/- i.e. balance security of .....
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