Court : Orissa
Decided on : Mar-27-2009
Reported in : 109(2010)CLT118
..... him to have any agreement so far as his business is concerned. there is no document on record to show otherwise.10. in rickmers verwaltung gimb h. v. indian oil corporation ltd. : air 1999 sc 504; the apex court held that in order to make a reference to the arbitrator, the condition precedent is that there must ..... is difficult to say that he was not adjudicating on a dispute between the parties & was merely passing an administrative order. therefore, the order passed under the act is a judicial order. an arbitration agreement was not merely a jurisdictional fact for commencing arbitration itself, but it was also a jurisdictional fact for appointing an arbitrator ..... clause (i). that the decision of the sole arbitrator shall be final & binding & the same cannot be challenged in any forum subject to the provisions of the arbitration act.3. coal was purchased by opposite party no. 2, under the said agreement, however, payment was not made. petitioner filed a title suit no. 423 of 2003 impleading .....
Tag this Judgment!Court : Orissa
Decided on : Mar-31-2009
Reported in : 107(2009)CLT777
..... post and could not be a person aggrieved.18. in s.s. & company v. orissa mining corporation ltd. : (2008)5scc772 , the writ petition challenging the amendment in the eligibility criteria was rejected on the ground that the petitioner therein did not fulfil even the requisite eligibility as per the unamended clause. therefore, the court held ..... employee against whom civil and criminal proceedings could be initiated and observed that in an appropriate case criminal action also maintainable along with civil action, if the act constituted both a civil wrong and a criminal wrong. however, it may be open to the competent authority to condone either of that and may take ..... what circumstances or what authority petitioner has approached this court.7. it is settled law that a person who suffers from legal injury only can challenge the act/action/order etc. writ petition under article 226 of the constitution is maintainable for enforcing the statutory or legal right or when there is a complaint by .....
Tag this Judgment!Court : Orissa
Decided on : Apr-02-2009
Reported in : 109(2010)CLT203
..... opposite party no. 3. because of such failure of opposite party no. 4, opposite party no. 3, in exercise of the authority under section 29 of the state financial corporation act, 1951, not only seized & took over possession of the disputed premises but also sold it in public auction made in the high court's premises. it was stipulated that the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-09-2009
Reported in : AIR2010Ori3
..... allowed and petitioner was asked to file a consolidated petition. he has introduced the prayer which has never been sought and allowed in the application for amendment. the conduct of the petitioner, playing such fraud with the court, disentitle him for any relief. there is no prohibition in law to settle the ..... where the borrower has no genuine intention to repay and adopts pretests and ploys to avoid payment, he cannot make the grievance that the corporation was not acting fairly, even if requisite procedure have been followed.21. it is a matter of bilateral agreement. making recovery of loan is to be governed by the agreement ..... to pay the entire dues of the corporation within the stipulated period, the petitioner did not pay the same within the time stipulated. therefore, proceedings under the act were initiated by the corporation and physical possession of the mortgaged hypothecated assets was taken. as the petitioner adopted an indifferent attitude altogether, sale notice (annex-8) .....
Tag this Judgment!Court : Orissa
Decided on : Apr-17-2009
Reported in : 2009CriLJ3881; 2009(II)OLR135
..... in the aforesaid case and in particular paragraph-8 thereof came to hold as follows:xx xx xx the prevention of corruption act is a special statute and as the preamble shows, this act has been enacted to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. here, the principle expressed in the maxim generalia specialibus ..... the previous sanction of the competent authority.further contention is that it is well settled that the prevention of corruption of act is a special statute and the said act had been enacted to consolidate and amend the law relating to the prevention of corruption and the matters connected therewith. therefore, it is asserted that the maxim 'generalia specialibus non-derogant' would apply .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2009
Reported in : 108(2009)CLT85
..... the net result is that extraordinary jurisdiction of the court may not be exercised in such circumstances.35. similar view has been reiterated by the supreme court in northern indian glass industries v. jaswant singh, : air 2003 sc 234; & haryana state handloom & handicrafts corporation ltd. v. jain school society air 2004 sc 850. ..... n. handloom weavers' cooperative society ltd. : air 2002 sc 1152; dlf qutab enclave complex educational charitable trust v. state of haryana and ors. : air 2003 sc 1648; indian handicrafts emporium v. union of india and ors. : air 2003 sc 3240; p.t. munichikkanna reddy and ors. v. revamma and ors. : air 2007 sc 1753; ..... and resettlement of displaced persons (land acquisition act) act, 1948' (hereinafter referred to as the 'act') on the grounds that the provisions providing for acquisition of land under the said act had been violative of the provisions of article 19(1)(f) of the constitution of india and after amendment of the constitution of articles 31a and 300a .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2009
Reported in : (2010)28VST87(Orissa)
..... clearly since the period of such transaction being prior to the insertion of sub-section (3) of section 5 of the cst act, neither benefit thereunder can be claimed nor granted to the petitioner since the amendment was not retrospective but prospective in its application.10. in the light of the aforesaid findings arrived at by us, we find ..... had entered into a contract with a foreign buyer, namely, m/s. nissho ihsai company of tokyo, for sale of 50,000 m. t. of high grade indian chrome ore. it is further submitted that pursuant to the agreement entered into between the petitioner and the foreign buyer, the petitioner also entered into a contract with tisco ..... on december 30, 1977 the petitioner made an application before the sales tax officer, cut-tack iii circle, jaipur road for registration of the firm under the ost act, 1947 but the sales tax officer refused to grant registration to the petitioner on the ground that the petitioner had declared that it intended only to enter into export .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2009
Reported in : AIR2010Ori1
..... from the date of decree of judicial separation, the husband filed civil proceeding no. 7 of 2000 seeking for decree of divorce under section 13(1-a) of the act. inter alia, objection raised by the wife was on the ground that during the operation of that decree of judicial separation though the wife wanted restitution of conjugal rights, ..... alia, icc case no. 90 of 1998 was a complaint case filed by the wife under section 498-a of the ipc, civil proceeding no. 88 of 1997 was filed by the husband under section 9 of the act, criminal proceeding no. 64 of 1997 was filed by the wife and daughter claiming for maintenance under section 125 of the ..... is under challenge. though the provision, under which the application for decree of divorce was filed, is under section 13(l-a)(i) of the hindu marriage act, 1955 (in short 'the act'), but in the application filed by the husband and also while noting the provision in the impugned judgment the trial court has committed several errors. however, we ignore .....
Tag this Judgment!Court : Orissa
Decided on : Apr-30-2009
Reported in : AIR2009Ori172; 2009(II)OLR65
..... than 100% enhancement.11. the state government by orissa act 8 of 2009 amended section 47a of the indian stamp act and the amending act is called indian stamp (orissa amendment) act, 2008. this act was published in the orissa gazettee and came into force on 29.1.2009. by this amending act, the sub-section (1) of section 47a of the indian stamp act has been substituted. for better appreciation, section 2 of ..... mark valuation as per the instructions issued by the igr as arbitrary, contrary to the jurisdiction given to the registering authority under section 47a of the indian stamp act which was inserted by the indian stamp (orissa amendment) act, 2008 and the rules thereunder, ab initio void and liable to be quashed.4. the district level valuation committee fixed the bench mark valuation in respect .....
Tag this Judgment!Court : Orissa
Decided on : Apr-30-2009
Reported in : 2009(II)OLR113
..... dated 23.3.1998.2. allegations have been made against the petitioners and other accused persons for alleged commission of offences under sections 409/406/488/471/120b ipc. the petitioners in the charge sheet, who have been made accused, are the then executive engineer and the junior engineer of mahanadi north division respectively and allegation ..... bearing, testimony to denial of such fundamental right to the accused persons, on account of failure on the part of the prosecuting agencies and the executive to act, and their turning an almost blind eye at securing the expeditious and speedy trial so as to satisfy the mandate of article 21 of the constitution have ..... (2002) 4 scc 578, a batch of criminal appeals were referred to the constitution bench, where the appellants, while facing corruption charges under the prevention of corruption act, were acquitted by the special courts for failure of commencement of the trial in spite of lapse of two years from the date of framing of the charges in .....
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