Court : Orissa
Reported in : AIR2003Ori32; 2003(1)ARBLR450(Orissa)
ORDERP.K. Balasubramanyan, J.1. On my allowing Miscellaneous Case No. 238 of 2001 and recalling the order passed in this case on 24-8-2001, with the consent of parties, the main case itself was taken up for fresh hearing.2. This petition is filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act') for appointment of an Arbitrator in terms of the Act. According to the petitioner, in the original, contract between the parties, there was an arbitration clause as contemplated in Section 7 of the Act, and in spite of the petitioner invoking Clauses 17 and 18 of the contract containing the arbitration clause, the opposite parties have not responded or have failed to name the Arbitrator, and in that situation, the petitioner was entitled to move the Chief Justice under Section 11 of the Act for appointment of an Arbitrator.3. The contention raised in defence is that there was no proper invocation of the arbitration clause by the petitioner an...
Tag this Judgment!Court : Orissa
Reported in : [2003]116CompCas557(Orissa); [2003]262ITR553(Orissa)
P.K. Balasubramanyan, C.J.1. Amalgamation took place between Kalinga Tubes Limited and Indian Metals and Ferro Alloys Limited, the petitioner herein. The said amalgamation was finally approved by the company court by order dated December 11, 1981. The amalgamation was to be effective from January 1, 1979. In the chapter dealing with aggregation of income and set-off or carry forward of loss in the Income-tax Act, Section 72A was introduced by the Finance (No. 2) Act, 1977, with effect from April 1, 1978. That provided for carrying forward and setting off of accumulated loss and unabsorbed depreciation allowance in certain cases of amalgamation. As per that provision, if the amalgamating company, here Kalinga Tubes Limited, was not financially viable by reason of its liabilities, losses and other relevant factors immediately before such amalgamation, the amalgamation was in the public interest and other conditions specified by the Central Government by notification in the Official Gazet...
Tag this Judgment!Court : Orissa
Reported in : I(2002)DMC491
B. Panigrahi, J.1. This is an application under Section 482, Code of Criminal Procedure, for quashing of the F.I.R. lodged by one Purnima Chakrabarti, registered as Brajarajnagar P.S. Case No. 5, dated 7.1.1999 corresponding to G.R. Case No. 36/ 1999, pending in the Court of the S.Q.J.M., Jharsuguda.2. The essential facts stated in the application are as follows : The marriage between Purnima Chakrabarti, the informant, and present petitioner No. 3, Partha Pratim Chakrabarti, was solemnized on 5.2.1998 at Gumadera within Belpahar P.S. At the time of her marriage, the petitioners allegedly demanded cash of Rs. 40,000/- and accordingly, the parents of the informant had given on two instalments, one on 25.1.1998 Rs 20,000/- and the balance Rs. 20,000/- on 27.1.1998. They had also given two VIP suitcases and other marriage presentations. Despite this, their relationship did not continue cordially and there was frequent bickering, misunderstanding and quarrel between the two spouses as a re...
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR77
P.K. Mohanty, J.1. In these two appeals under Section 39 of the Orissa Electricity Reform Act, 1995 filed by the appellant M/s. National Aluminium Company Ltd. common question of law and facts being involved for determination, with the consent and on agreement of the learned counsel for the parties, they were heard analogous and are being disposed of by this common judgment.2. Misc. Appeal No. 651 of 1999 is directed against the order of the Orissa Electricity Regulatory Commission (hereinafter called 'Regulatory Commission') rejecting the appellant's application for review/clarification of its order dated 21.11.1998, passed by order dated 13.5.1999 in Case No. 4 of 1999, whereas the order dated 30.12.1999 passed by the Regulatory Commission in Case No. 12 of 1999, rejecting the objection of the appellant, regarding legality of levying wheeling charges and transmission loss in view of the purported agreement dated 15.1.1991 and 1.6.1994 with the erstwhile O.S.E.B. is under challenge in...
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Reported in : 89(2000)CLT438; 2000(I)OLR92
B.P. Das, J.1. This revision application has bee filed challenging the order dated 4.5.1999 passed by the Civil Judge (Senior Division), Puri, in T.S. No. 127 of 1999 rejecting the petitioners' prayer to send the signatures of the testator on the Will to a hand-writing expert for examination.2. As it appears from the statement of facts made by the petitioners, Binayak Mishra, O.P. No. 1 herein, instituted a proceeding Under Section 276 of the Indian Succession Act, 1925 (hereinafter called 'the Act') before the District Judge, Puri, for grant of Letters of Administration in respect of the properties covered by the Will so executed by his late father Gangadhar Mishra, on 22.8.1973. In the aforesaid proceeding, Satyanarayan Mishra, the present pro forma O.P. No. 2, was added as O.P. No. 1, and the present petitioners as O.P. Nos. 2 to 4. Said Binayak Mishra filed the aforesaid application for grant of Letters of Administration stating therein that Late Gangadhar Mishra, the father of the...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR18
R.K. Patra, J.1. Petitioner No. 1 is the wife of opposite party No. 2. Their daughter is petitioner No. 2. The petitioners have filed this writ petition challenging the judgment dated 18.4.2000 made in Civil Proceeding No. 262 of 1996 by which the learned Judge. Family Court, Cuttack, has directed dissolution of the marriage between petitioner No. 1 and opposite party No. 2 by a decree of divorce subject to the conditions that opposite party No. 2 would pay/deposit Rs. 25,000/- towards permanent alimony of petitioner No. 1 and a further sum of Rs. 30,000/- towards the marriage expenses of their daughter petitioner No. 2.2. Opposite party No. 2 commenced the aforesaid Civil Proceeding No. 262 of 1996 in the Court of learned Judge, Family Court, Cuttack by a petition under Section 22 of the Indian Divorce Act, 1869 read with Section 7 of the Family Courts Act, 1984 for a decree of divorce against petitioner No. 1 on the grounds of cruelty and desertion.3. Admittedly, the parties belong t...
Tag this Judgment!Court : Orissa
Reported in : I(2008)DMC352; 2007(II)OLR694
ORDERL. Mohapatra, J.1. In this application under Section 482 Cr.P.C, the order dated 18.2.2006 passed by the learned S.D.J.M., Dhenkanal in G.R.Case No. 331 of 2005 taking cognizance of the offences under Sections 498A, 304B, 201 and 34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act is under challenge.2. The informant Shantilata Rout, who is the mother of the deceased, lodged an F.I.R. before the Officer-in-Charge, Sadar Police Station, Dhenkanal alleging therein that on 17.4.2002 she had given her daughter in marriage to one Bulu @ Satyanarayan Jena. At the time of marriage, Rs. 70,000/- was given towards dowry. However, after marriage, her daughter was tortured by the petitioners for non-fulfilment of further dowry demand. It is further alleged in the F.I.R. that due to such torture, the deceased was living a measurable life. On 20th February, 2005, the informant and other family members were informed regarding illness of the deceased and when they went to...
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT545; (2008)15VST497(Orissa)
B.N. Mahapatra, J.1. In this writ petition the petitioner challenges the assessment order dated February 19, 2007 passed by the Sales Tax Officer, Cuttack-1 East Circle (hereinafter referred to as 'the assessing officer') under Rule 12(8) of the Central Sales Tax (Orissa) Rules, 1957 (hereinafter referred to as 'the CST(O) Rules') for the assessment year 2001-02. By the impugned order, the assessing officer has enhanced the gross turnover and net taxable turnover of the petitioner by making addition to the inter-State sale. An extra demand of Rs. 2,99,05,07,587 which includes penalty of Rs. 1,79,43,04,552 has been raised in the said order.2. The relevant facts which give rise to this writ petition are as follows.3. The petitioner is a Government of India undertaking and a Government Company incorporated under the provisions of Section 617 of the Companies Act, 1956 having its registered office at G-9 Ali Yaver Jung Marg, Bandra (East), Mumbai-400 051 and Orissa State Office at 304, Bho...
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT726
Pradip Mohanty, J.1. Both the aforesaid appeals are directed against the Judgment and order of conviction and sentence dated 14:12.2000 passed by the Assistant Sessions Judge, Udala in S.T. Case No. 8/65 of 2000. Therefore, they were heard together and are disposed of by this common Judgment.2. The prosecution case in brief is that on 04.10.1999 evening the informant Ramesh Murmu (P.W.4) finding his minor daughter absent in his house searched for her and being unsuccessful lodged an information before O.I.C., Kaptipada P.S. on 13.10.1999. On receipt of such information, the O.I.C registered a case and rescued the victim along with accused Bijay from the house of one Bhagaban % Majhi of Srikanthapur under Balasore town police station, seized their wearing apparels, sent them for medical examination, arrested the accused Bijay and forwarded him in Court. After closure investigation, the O.I.C. submitted final form against the accused-Appellants under Sections 376/366/114 IPC.'3. The plea...
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR648
M.M. Das, J.1. Though this is an application under Section 439 Cr.P.C. filed by the petitioner for grant of bail, the facts on which the case evolved not only has created sensation throughout the State as well as the country, but also involves interesting and important question to be dealt with.2. A few weeks ago, large numbers of aborted foetus were found from various places in the district of Nayagarh. This gave rise to a suspicion in the mind of the general public that probably after sex determination, finding the sex of the foetus to be female, the mothers have chosen for aborting the child.3. It is well known that even after 60 years of independence, in our country, boys and girls are still not given equal preference. Poor families in the society or for that matter, the conservative and old fashioned parents prefer boys and girls are seen as a burden and inferior to boys. This is more fortified due to the social stigma of dowry. On account of the above, in spite of enactments made...
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