Court : Orissa
Reported in : 2000(119)ELT12(Ori)
A. Pasayat, J.1. Direction issued by the Assistant Collector of Central Excise and Customs, Cuttack, prohibiting transmission of electricity by Indian Charge Chrome Limited ('ICCL', shortly), petitioner No. 1, to Indian Metals and Ferro Alloys Limited ('IMFA', shortly), petitioner No. 3, and the show cause notice issued in terms of Section 124 of the Customs Act, 1962 ('the Act' hereinafter) have been challenged in this writ petition.2. Sequence of facts leading to filing of present writ petition is as hereunder:A letter of intent was issued by Ministry of Industry, Department of Industrial Development, permitting IMFA to set up a 100% Export Oriented Unit ('EOU' for short). Said letter of intent related to manufacture of 50,000 MTPY of High Carbon Ferro Chrome/Charge Chrome at Talcher. The first letter of intent is dated 13-5-1981. Subsequently, another letter of intent dated 22-10-1982 was issued and direction was given to surrender the first letter of intent. The second letter of in...
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT65; 2003(I)OLR265
B. Panigrahi, J.1. Petitioner No. 2 which is a Company incorporated and registered under the Indian Companies Act, 1956 represented through its Managing Director, petitioner No. 1, has challenged the legality, validity and propriety of the notice dated 24.4.2001, vide Annexure-1 along with a Field Meter Test Report issued by opp. party No. 3, the Divisional Manager, Central Electricity Supply Company (in short 'CESCO') or Orissa, Dhenkanal Electrical Division for showing cause as to why the power supply to the Petitioners' Company shall not be disconnected and also the Penal Bill for the period from 18.8.2000 to 31.3.2001, vide Annexure-2 issued by opp. party No. 2, the Executive Engineer, CESCO, Dhenkanal Electrical Division, the same being arbitrary, whimsical and mala fide.2. Petitioners' Company is being promoted in the joint sector with IPICOL first set up a Mini Steel Plant at Gundichapada, Dhenkanalin the year 1984 with a manufacturing capacity of 50,000 Metric Tonnes of Mini St...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori3; 19(1953)CLT81
Narasimham, J. 1. This is an appeal against an order of the Subordinate Judge of Berhampur scaling down the decretal amount payable by the respondents-judgment-debtors to the appellants-decree-holders, in exercise of the powers conferred by Section 10 of the Orissa Money Lenders Act.2. The original loan that was advanced to the respondents' predecessor-in-interest was only Rs. 2,000 based on two promissory notes for Rs. 1,000 each dated 1-9-28 and 5-10-28. In due course, fresh promissory notes for the principal and interest due were executed by the debtor on 1-9-31 and 21-7-34. The last promissory note was for a sum of Rs. 3,647-3-4. Two payments of Rs. 100 on 19-7-37 and Rs. 800 on 12-7-40 were made by the debtor and then the creditor instituted a suit (O. S. 48 of 1942) in the Court of the Subordinate Judge, Berhampur for the realisation of the balance of the debt with interest. The suit was eventually compromised and a compromise decree for Rs. 7,000 was passed directing the payment...
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori44; 48(1979)CLT491
ORDERS.K. Ray, C.J. 1. The petitioner is a Public Limited Company, engaged in manufacture of Ferro Silicon and Silicon Metals in a factory at Theruvali in the district of Koraput. On 3-4-1967 it entered intoa contract with the Orissa State Electricity Board (opposite party) for receiving 10,000 KWH of power at the rate of Re. 0.03 p. per unit in average for 15 years. The petitioner was required to pay tariff for the aforesaid supply as mentioned in Clause 13 of the contract.On 2-1-1974 it entered into another contract with the Board under which it is to receive 25,000 KWH of power for 15 years at the rate of Re. 0.03 p. per unit for the first five years, Re. 0.04, 5 p. per unit for the next five years and Re. 0.06 p. per unit for the last five years.2. In both the cases the Board raised the tariff unilaterally. So the petitioner filed two suits. Suit No. 73 of 1976 was filed in the court of the Sub-Judge, Bhubaneswar under Section 20 of the Arbitration Act to refer the question of rais...
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori100
G.B. Patnaik, J.1. Plaintiff is the appellant against the judgment and decree of the Subordinate Judge, Sambalpur, in Title Suit No, 21 of 1981 for declaration that plaintiff is not liable to pay any rent under the provisions of the Orissa Survey & Settlement Act for the lands described in Schedule A of the plaint and for a declaration that defendant No. 1 and its officers have no jurisdiction to fix, assess or realise rent from the plaintiff under the Orissa Survey & Settlement Act.2. Plaintiff's case, in brief, is that under two registered lease deeds dated 20-11-1962 and 25-5-1964 executed by the Deputy Commissioner, Sambalpur for the defendants and the Managing Director of the plaintiff-Company, the disputed lands had been given on lease to the plaintiff on an annual rent of Rs. 25/ - per acre with a proviso that the rent is liable to be enhanced after expiry of 25 years not exceeding 50 per cent of the rent payable at the time of enhancement. Notwithstanding the aforesaid terms an...
Tag this Judgment!Court : Orissa
Reported in : II(1990)DMC271
K.P. Mohapatra, J.1. The petitioner and pro forma opposite party No. 2 are accused in a case under Sections 3 and 4 of the Dowry Prohibition Act (for short the 'Act') and have challenged the order of cognizance dated 6-2-1985 passed by the learned Sub-Divisional Judicial Magistrate, Bhubaneswar.2. Prosecution case, which is a very unfortunate one, is narrated below. The marriage negotiation between Sunjukta, an educated young girl, with the petitioner who was serving as Judicial Magistrate at Bhubaneswar, was started by some negotiators in January, 1982. During negotiation, on behalf of the petitioner and pro forma opposite party No. 2, demand of dowry of cash of Rs. 35,000/- and costly articles, such as, television, H.M.T. watch, refrigerator, 15 Tolas of gold ornaments and a piece of land at Bhubaneswar, was made. The parents Sanjukta willy-nilly agreed for giving the dowry and as a matter of fact, on 10-2-1982 at the time of Nirbandha ceremony, a sum of Rs. 15,000/- was paid by her ...
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR67
M.M. Das, J.1. These two Criminal Misc. Case have been filed by one Maheswar Mohanty who is admittedly an elected Member of the Legislative Assembly from Puri Constituency and at present being elected as the Speaker, is functioning as such. The prayer made in both the Criminal Misc. Cases is for quashing the connected criminal cases instituted against the petitioner and others in relation to an alleged occurrence of the year 1984 being registered as G.R. Case Nos. 1487 and 1488 of 1984 pending before the learned S.D.J.M., Bhubaneswar.2. The facts of the case reveal that the student action committee gave a call to have a mass rally in the Parade Ground on 3.8.1982. For that purpose, an application was made for permission to take out the procession of five thousand students from new railway station to lower P.M.G. Crossing via Master Canteen-Raj Mahal Bus Stand at Bhubaneswar and the I.I.C. of Capital Police Station issued the said permission/licence imposing certain restrictions therein...
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT272; 1999(I)OLR187
A. Pasayat, J.1. Controversy regarding eligibility for promotion/ appointment to the post of Headmaster of a High School has existed notwithstanding two Full Bench decisions of this Court and therefore, this Special Bench has been constituted to resolve the controversy.2. The controversy arises in the background of Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as the 'Rules'). Said provision reads as follows:'8. Exceptions to Selection by the Board-(1) and (2) xx xx xx(3) Vacancies in the posts of Headmasters of aided Boys' High Schools and Headmistresses of Girls High Schools and Readers, including Principals of aded colleges under the fold of the 'system of direct payment of full salary cost' shall be filled - up by the eligible trained graduate teachers of respective categories of High Schools and Headmasters and Headmistresses of respective categories ...
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT409; 2006(II)OLR363
P.K. Tripathy, J.1. Judgment of learned Civil Judge (Junior Division), Kamakshyanagar in Election Misc. Case No. 8 of 2002 and the confirming judgment of learned Ad hoc Addl. District Judge, Kamakshyanagar in F.A.O. No. 5/2 of 2003-04 is under challenge.2. Facts leading to the dispute are that the writ petitioner Sebati Behera (hereinafter referred to as opposite party No. 2) and opposite party No. 1 Subasi Nayak (petitioner in the Election Misc. Case and hereinafter referred to as 'the petitioner') were the two rival candidates contesting for the post of Sarpanch of Kalada Grama Panchayat under Parjang P.S. in the district of Dhenkanal. That post of Sarpanch is reserved for candidates belonging to scheduled castes, On 21.01.2002 nomination papers were filed. On 22.01.2002 nomination papers were accepted after scrutiny by the Election Officer, who is opposite party No. 2 in this writ petition and was opposite party No. 1 in the Election Misc. Case. At that stage petitioner raised objec...
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT107; 2002(I)OLR574
B.P. Das, J.1. As common questions of law and fact are involved in both these writ petitions, with the consent of learned counsel for the parties, they were heard together and are being disposed of by this common judgment.2. O.J.C. No. 8795/99 has been filed by a member of this Bar, namely, Shri Sidheswar Mallik, claiming himself to be a concerned resident and representing the residents of the Cuttack Municipal Corporation in espousing their cause. Similarly, the other writ petition, O.J.C. No. 6919/99, has been filed by one Shri B. K. Mohanty, General Secretary of the Cuttack Chamber of Commerce, the Orissa Byabasayee Mahasangha, the Cuttack Nagar Byabasayee Mahasangha and the Orissa Rice Merchants' Association, on behalf of the above organisations as well as the general public of Cuttack City. Both the writ petitions have been couched as public interest litigation.3. O.J.C. No. 8795/99 : In this writ petition, the petitioner has alleged that the decision of the Cuttack Municipal Corp...
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