Court : Orissa
Reported in : (2008)106CALLT192(NULL)
A.K. Ganguly, C.J.1. This batch of Writ Petitions were heard together as common questions of facts and law are involved and these different Writ Petitions were filed in respect of different assessment years by the Petitioner.2. The Petitioner claims to be a non-Banking Finance Company licensed by the Reserve Bank of India to carry on business in leasing as well as hire purchase, inter alia, of plant, machinery and other equipments.3. On or about. 31st July, 1995 a tripartite agreement was entered between the Petitioner company, and M/s. Indian Metals and Ferro Alloys Limited (IMFA) and M/s. Isgee John Thompson CUT'). Under the said agreement IMFA was referred to as the 'user', IJT was referred to as 'supplier I contractor' and the Petitioner as the 'purchaser'.4. IMFA wanted to instal a 90 Ton Per Hour (TPH) Spreader Stoker Water Tube Boiler at its Choudwar Power Plant of M/s. Indian Charge Chrome Ltd. (ICCL), which is a sister concern of IMFA. For in...
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
NARASIMHAM, J. - The questions referred to us for opinion by the Income-tax Appellate Tribunal, Calcutta Branch, Patna, are as follows :-(1) Whether, in the circumstances of the case and on the findings of the Tribunal, the income, profits or gains in question or any part thereof accrued or arose within an Indian State and, if so, whether such income, profits or gains were received or deemed to have been received in or were brought into British India ?(2) Whether Section 42(3) of the Income-tax Act is applicable to the facts of the case The assessees headquarters is at Cuttack and he has been assessed to income-tax for the year 1943-44 in respect of his dealings in (a) nux vomica and (b) hides, horns, bones etc., which were gathered by him from several Orissa States and sold at several places in British India through his commission agents known as arhatias. The cash realised by these arhatias from the sales of the aforesaid products were all remitted to the head office at Cuttack. The ...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK W.P.(C) No.12807 of 2013 In the matter of an application under Articles 226 & 227 of the Constitution of India. ------------------Susanta Kumar Sahoo and Others Petitioners Opp. Parties - versus Union of India and Others For Petitioners: M/s. Hemant Kumar Mohanty, D.K. Pradhan, B. Biswal For Opp.Parties: Mrs. Bharati Dash (for opposite party no.1) M/s. T. Pattnayak and S. Pattnayak (for opposite party no.3) Mr. B.S. Tripathy-1 (for opposite party nos. 7, 8 &9) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 18.11.2014 Dr. B.R.Sarangi, J.| Date of Judgment: 04.12.2014 The petitioners, who are claiming themselves to be the parents of some of the non-NTPC students of St. Marys School, Deepshikha, NTPC in the district of Angul, have filed this petition assailing the unusual hike of school fees for the session 2013-14, communicated with the notice dated 01.04.2014, vide Annexure-2 as in view of the judgment of this Court in Tapas Kumar Sahu and ...
Tag this Judgment!Court : Orissa
1 ORISSA HIGH COURT; CUTTACK FIRST APPEAL No.158 OF 2001 From a judgment and decree dated 16.4.1999 and 21.4.1999 respectively passed by Shri B.K. Dash, learned Ist Additional Civil Judge (Senior Division), Cuttack in T.S. No.312 of 1991. ----------------------State of Orissa, through the Collector, Cuttack and another. Appellants -VersusOrissa Olympic Association, through Hony. General Secretary and others. Respondents For appellants. Addl. Government Advocate For respondents: M/s. B.H.Mohanty, Sr. Advocate, D.P. Mohanty, J.K. Bastia, B.Das, R.K. Nayak, S.C.Mohanty & T.K.Mohanty. (for respondent no.1) M/s. D.Mohapatra, M.Mohapatra G.R.Mohapatra & A.Dash (for respondent nos.2 to5) -------------------Date of judgment: 29 .11.2014. -------------------PRESENT; THE HONOURABLE SHRI JUSTICE B.P.RAY. B.P.RAY, J.This is an appeal under section 96 of the Code of Civil Procedure by the defendants challenging the judgment and decree dated 16.4.1999 and 21.4.1999 respectively passed in T.S. No.3...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK R.S.A. NO.47 OF 2007 From the judgment dated 10.01.2007 passed by Sri A.K. Dey, Additional District Judge, Angul in R.F.A. No.5 of 2006 dismissing the First Appeal arising out of the judgment passed by Sri M.R. Tripathy, Civil Judge (Senior Division), Angul on 21.03.2006 in Civil Suit No.69 of 2002. __________ Kalinga Institute of Mining Engineering & Technology (KIMET), represented through its Secretary & others Appellants Versus Kishore Chandra Nath and others For Appellants Respondents : M/s. N.C. Panigraphi, G.S. Dash N.K. Tripathy, S.R. Panigraphi M/s. A.K. Mohapatra & S.K. Jena. Mr. S.K. Samal M/s. S.K. Pattanaik, U.C. Mohanty, S.K. Biswal & T. Sahoo For Respondents : M/s. Neelakantha Panda, P.R. Mishra & M.R. Behera (for Respondent No.1 to3) M/s. B. Routray, P.K. Dash, D. Mund, S. Das, B.N. Satpathy, S. Jena & U.C. Mohanty M/s. R.C. Sarangi, A.K. Dash, P. M. Pratihari, D. Panda, L. Pradhan, S. Das, C. Tripathy, P.K. Singh, M. K. Pattanaik, S.J.Ranjan...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK W.P.(C) Nos. 20436, 20456, 20457, 20475, 20476, 20477, 20478, 20479, 20480, 20481, 20482, 20483, 20484, 20485, 20471, 19895 & 19986 of 2014 In the matter of applications under Articles 226 & 227 of the Constitution of India. ---------In W.P.(C) No.20436 of 2014 Sujit Ku. Dhir Petitioner R.T.O., Keonjhar Vrs. Opposite Party Satyabhama Rout Petitioner R.T.O- C-T-O. Cuttack Vrs. Opposite Party SK.Ujiruddin Petitioner R.T.O- C-T-O. Cuttack Vrs. Opposite Party In W.P.(C) No.20456 of 2014 In W.P.(C) No.20457 of 2014 In W.P.(C) No.20475 of 2014 Kailash Ch. Sahoo Petitioner Vrs. Opposite Party Pramod Nayak Petitioner R.T.O, Nayagarh Vrs. Opposite Party Ramesh Sahu Petitioner R.T.O, Bargarh Vrs. Opposite party R.T.O, Nayagarh In W.P.(C) No.20476 of 2014 In W.P.(C) No.20477 of 2014 2 In W.P.(C) No.20478 of 2014 Raghunath Pradhan Petitioner R.T.O, Bhubaneswar Vrs. Opposite Party Debendra Ku. Barik Petitioner R.T.O., Keonjhar Vrs. Opposite Party Petition...
Tag this Judgment!Court : Orissa
W.P.(C) No.9997 of 2014 10. 21.10.2014 Heard learned counsel for the petitioner and learned counsel for the State appearing for the opposite parties. In this writ petition, petitioner has made prayer to direct opposite party no.4-District Sub-Registrar, Cuttack to effect registration of the sale-deed executed by the petitioner in favour of the vendee Akshya Kumar Jena for sale of the case land. Khata No.285 in Mouza-Gopalpur including plot No.1708 stands recorded solely in the name of petitioners vendor Jadunath Behera under Record-ofRights at Annexure-1 to the writ petition. Petitioner purchased land comprising of an area of Ac.0.22 decimals out of plot No.1708 on the strength of registered sale-deed dated 8.2.2013/11.2.2013 at Annexure-2. In order to meet expenses for treatment of his cardiac ailments, the petitioner negotiated with the vendee Akshya Kumar Jena for sale of Ac.0.04 decimals out of the land purchased under sale deed at Annexure-2. While preparing for purchase of stamp ...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA : CUTTACK A.H.O. No.85 of 1996 In the matter of an appeal under Clause 10 of the Letters Patent of Patna High Court read with Clause- 4 of the Orissa High Court Order, 1948. --------- Union of India Appellant -VersusSteel Authority of India Ltd. & others Respondents For Appellant : Mr. A.Pal For Respondents : Mr. N.K.Sahu (for Res. No.1) PRESENT: HONOURABLE THE CHIEF JUSTICE SHRI AMITAVA ROY AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 17.09.2014 Dr. B.R.Sarangi, J.: Date of judgment: 30.09.2014 A judgment of the learned Single Judge of this Court dated 17.09.1996 passed in M.A. No.172 of 1993 under Section 23(1) of the Railway Claims Tribunals Act, 1987 awarding Rs.1,32,87,749/- towards the claim made by the respondent is under challenge in this appeal.2. The factual matrix is that the plaintiff-respondent used to get supply of imported coal for production of steel in its plant at Rourkela through Visakhpatnam Port. The coal was to be carried from ...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK W.A. No.466 of 2013 In the matter of an appeal under Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letter Patent Constituting the High Court of Judicature at Patna. ---------Arun Kumar Appellant -versusN. Nirmala Devi and others For appellant : For respondents : Respondents M/s. S.S. Rao & B.K. Mohanty M/s. C.A. Rao, S.K. Behera & S.K.Parida ( for respondent Nos.1 &2) PRESENT: THE HONOURABLE THE CHIEF JUSTICE SHRI AMITAVA ROY AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 15.09.2014 & Date of judgment: 24.09.2014 Dr. B.R.Sarangi, J.The plaintiff-writ petitioner has filed this appeal challenging the judgment dated 7.1.2013 passed by the learned Single Judge in W.P.(C) No.11696 of 2013 dismissing the same on the ground of maintainability stating inter alia that order of rejection of a plaint being a decree, as defined under Section 2(2) of the Code of Civil Procedure, the same is appealable. 2 2. The pleaded facts as a...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK W.P.(Crl.) No.266 of 2014 In the matter of application under Section 48/57/80/81/41 and 41(A) of Cr.P.C. and Section 13,18,19,22 and 23 of Transplantation of Human Organs Act, 1994; __________ Mrs. N. Ratnakumari Petitioner Versus State of Odisha & others For Appellant Opp. Parties : M/s. J.Das (Senior Advocate), Satyabrata Pradhan, G. Sahoo, S. Lokesh kumar, A.K. Dash, P.Sahoo, For Opp. Parties : State of Orissa. M/s. A. Mohanty (Advocate General) PRESENT : THE HONOURABLE MR. JUSTICE I. MAHANTY AND THE HONOURABLE MR. JUSTICE S.K. SAHOO Date of hearing : 17.07.2013 S.K.Sahoo, J.Date of order : 24.07.2014 Is life so dear or peace so sweet as to be purchased at the price of chains and slavery?. Forbid it, Almighty God! I kNo.No.what course others may take, but as for me, give me liberty, or give me death.. Patrick Henry 2 In this petition for a writ of habeas corpus, the petitioner Mrs. N. Ratnakumari has challenged the illegal arrest and unlawful detention ...
Tag this Judgment!