Court : Orissa
Reported in : 2005CriLJ1582; 2005(I)OLR122
..... the court below with a prayer to release 400 cartoons of cigarette to the company or in the alternative release the entire consignment in favour of the transporter m/s. indian roadways corporation limited. as per the case of the petitioner it is a company within the meaning of the companies act, 1956 having its registered office at jawaharlal nehru road, kolkata inter alia engaged ..... earlier the alternative prayer of the petitioner is to release the seized cigarette in favour of the indian roadways company. there is no other rival claimant to the said goods.6. admittedly the offence alleged to have been committed is under section 160(2) of the railways act, 1988, which reads as follows :--'if any person breaks any gate or chain or barrier set .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR345
..... offered. that is because the court is the custodian of the interests of the company and its creditors and the sanction of the court required under the companies act has to be exercised with judicial discretion regard being had to the interests of the company and its creditors as well. this principle was followed in rathnaswami pillai v. ..... 10.12.2004, the official liquidator submitted a report to the court stating therein that the sale notice was published in 'the samaja', 'the economic times.' 'the indian express', 'the financial express' and 'the times of india' and pursuant to the said sale notice six parties submitted their offers who did not intend to run ..... ordered that the sale notice be advertised in 'the indian express.' 'the financial express', 'the economic times', 'the times of india', bhubaneswar and 'the samaja', cuttack. thereafter, the sale notice was published in the said newspapers inviting tenders for (i) sale of all the assets of the company as one unit, (ii) sale of the .....
Tag this Judgment!Court : Orissa
Reported in : [2006]134CompCas305(Orissa)
..... by respondents nos. 1 and 2 as aes orissa distribution private limited, respondent no. 3, with its registered office in the state of orissa under the companies act, 1956, with the objective of holding 51 per cent, equity share in cesco. in consonance with the decision taken on august 31, 1999, an agreement ..... gridco. thereafter, the present respondents nos. 1 and 2 established a joint venture company (for short 'jvco') in which respondent no. 1, has 95 per ..... ltd., of mumbai tendered their proposal for investing 51 per cent equity share in the distribution companies. the aes corporation, respondent no. 1, was qualified as the technical and financial member and jyoti structures limited as the indian member in consonance with request for qualification (for short 'rfq'). the offers were accepted by .....
Tag this Judgment!Court : Orissa
Reported in : III(2005)BC143; 99(2005)CLT502; [2006]133CompCas924(Orissa); [2005]64SCL288(NULL)
..... fit and forward the sale proceeds to the high court for orders for distribution in accordance with the provisions of section 529(a) and other provisions of the companies act, 1956. sub-section (1) of section 32 of the sica further provides that the provisions of the sica and of any rules or schemes made thereunder ..... not raised. mr. an further submitted that the assets of the company were sold without giving any wide publicity in the newspapers and the advertisement for sale was published in only one newspaper, namely, 'the indian express'. finally, he argued that even the name of the company, elconmet ltd. was suppressed from the sale notice.7. mr. ..... sandeep rath, learned counsel for the ipicol submitted that the decision of the learned company judge of the karnataka high court in karnataka state industrial .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori125
..... interfere and negate the valid exercise of the statutory power of the state government under the proviso to section 43a of the act, 1948. in support of this contention, he relied on the decision of the supreme court in indian aluminium company v. kerala state electricity board, : [1976]1scr70 , and the decision of the andhra pradesh high court in rcl power limited, chennai ..... . he cited the decision of the supreme court in grid corporation of orissa ltd. v. indian charge chrome ltd., : [1998]3scr375 , to show that the commission has full control over generating company. he pointed out that the preamble and sections 10, 11, 17 and 21 of the act, 1995 vest sufficient regulatory powers with the commission for exercising such regulatory powers even over .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori107
..... ombudsman arrangement.... emerges.... the court cannot usurp or abdicate, and the parameters of judicial review must be clearly defined and never exceeded. if the directorate of a government company has acted fairly, even if it has faltered in its wisdom, the court cannot, as a super auditor, take the board of directors to task. this function is limited to ..... for loss or late delivery.6. all bids must be accompanied by a bid security in the currency of the bid or us dollars or in indian rupees equivalent to the indian rupee value specified at clause 2 above/section vi-schedule of requirements of the bidding document and must be delivered at the address given below on/ ..... by rules of public administration.'14. it has been repeatedly laid down by the supreme court that by way of judicial review, the court is not expected at act as a court of appeal while examining an administrative decision and should not interfere with the said decision on the ground that such decision could have been taken .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori113
..... by the lessee. the said agreement having been executed in contravention of the aforesaid rules, the same is not executable or enforceable under section 23 of the indian contract act. further objection of the appellant is that the agreement having been terminated for the reasons stated above, the power of attorney had become meaningless and therefore the ..... by it for a particular period. para 29 of the application under section 9 of the act runs as follows :'that as a consequence of the aforesaid illegal and arbitrary termination of the agreement dated 14-5-2003, the petitioner-company has been visited with the following evil and civil consequences :a) appointed about 300 labourers and ..... court is liable to be set aside. apart from the above, much reliance was placed by the learned counsel for the appellant on section 73 of the indian contract act to show that when a contract is broken the party who suffers breach is entitled to receive, from the party who has broken the contract, compensation .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT743; 2005(II)OLR40
..... (laxminarayan saw mill and ors. v. state and ors.) that 'in view of the provisions of orissa survey and settlement act, 1958 and the rules framed thereunder, orissa forest act, 1972, indian forest act, 1927, no area can be treated as forest without following elaborate procedure and then due notification and as such the land of ..... meaning. this description covers all statutorily recognized forests, whether designated as reserved, protected or otherwise for the purpose of section 2(i) of the forest conservation act. the term 'forest land', occurring in section 2, will not only include 'forest' as understood in the dictionary sense, but also any area recorded as ..... positive interpretation courts cannot re-write a statute. a purposive interpretation may permit a reading of the provision consistent with the purposes and object of the act, but the courts cannot legislate and enact the provisions either creating or taking away substantial rights by stretching or straining a piece of legislation.15. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori66
m.m. das, j.1. the petitioner is a limited company registered under the companies act, 1956 which undertakes civil contract work. in the present writ petition, the petitioner has challenged the action of the opp. parties in closing the contract awarded in its favour for ..... also unreasonable, improper and violative of article 14 of the constitution of india. he relied upon a decision of the supreme court in the case of mahabir auto stores v. indian oil corporation air 1990 sc 1031 in support of his contention.5. mr. g.c. mohanty, learned addl. govt. advocate per contra submitted that the work entrusted to the ..... impression that the decision-making was motivated on the consideration of probity. the government has to rise above the nexus of vested interests and nepotism and eschew window-dressing. the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions. therefore, the principle of governance has to be tested on the touchstone .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR255
..... p.s. case no. 12 dated 22.1.2005 for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act'), giving rise to the aforesaid g.r. case.3. during pendency of the said case, the petitioner ..... of the aforesaid two provisions shows that the magistrate has power to pass order for disposal as well as confiscation of the properties including vehicles seized under the act. as discussed earlier a police officer or an authorised officer as the case may be can release tools, vehicles or conveyances in interim custody of the owner ..... below that he lacked jurisdiction to entertain the petition under section 457 of cr.p.c. because of the provision of confiscation contained under section 16 of the act is incorrect and accordingly, the same is set aside.12. learned counsel for the petitioner submitted that the petitioner has filed an affidavit before this court inter .....
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