Court : Orissa
Reported in : (2007)208CTR(Ori)380; [2007]293ITR502(Orissa)
..... the court considered similar questions. in that case the privy council approved the decision of the court of the judicial commissioner of oudh under section 153 of the indian companies act as it stood then. the question before the court of judicial commissioner was from which date the arrangement of compromise under section 153 of the ..... of bombay high court.26. the learned counsel for the revenue on the other hand contended that the order of amalgamation which was passed under section 396 of the companies act does not make any provision of clarification. it was stated that the clarification order dt. 17th march, 1993 has no legal basis. it was also contended that ..... in the official gazette. it was also stated that the main order of amalgamation dt. 30th aug., 1991 was passed under the provisions of section 396 of the companies act and such order was placed before the parliament under section 396(5) but the order of clarification has not been placed before the parliament and therefore it has .....
Tag this Judgment!Court : Orissa
Reported in : (2008)11VST844(Orissa)
i. mahanty, j.1. the petitioner m/s. indian charge chrome limited, a public limited company incorporated under the indian companies act, 1956, (hereinafter referred to as 'iccl') is carrying on its business in the state of orissa, by establishing a charge chrome factory at choudwar in the district of ..... 'ipr 1989') and as a consequence thereto, to quash the notice issued under section 12(8) of the orissa sales tax act, 1947, vide annexure 2.4. mr. ganesh, learned senior advocate appearing on behalf of the petitioner-company, advanced the following contentions:i. the benefit of sales tax exemption under s.r.o. no. 790/1990 is available to ..... the central government is wholly not permissible and the conditions laid down under the export and import act cannot be incorporated or made a party liable under the sales tax act/rules. therefore he submits that the petitioner-company is entitled to the benefit of the incentive in respect of all sale irrespective of the fact whether the goods were sold .....
Tag this Judgment!Court : Orissa
Reported in : 2007(4)ARBLR509(Orissa); 104(2007)CLT46
..... the corporation.2. bereft of unnecessary details, the short facts of the case are that appellant m/s, visa international limited, a company incorporated under the companies act, 1956 having its registered office at kolkata is the indian agent of m/s. visa comtrade ag, aegeristrasse, zug, switzerland. it had been authorized by the said ..... company of switzerland to act and operate on behalf of the said company in india in the matter of purchase and export chrome concentrate. the appellant ..... bank guarantee and thereafter mentioned before the district judge that the arb(p) filed under section 9 of the act had become infructuous.relying upon a decision reported in 1999 air scw 3747 (hindustan constructions company limited v. state of bihar and ors.), mr. ray further submitted that the bank guarantee in this case .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT744; (2008)12VST88(Orissa)
..... , formerly known as ispat alloys limited, is a registered company under the companies act. its name has been registered as a dealer under the orissa sales tax act, 1947 (in short, 'ost act') and also under the central sales tax act, 1956 (in short, 'cst act'). the said company was assessed under the cst act for the assessment year 1997-98 and tax payable was ..... is based on a non obstante clause of a very wide reach. it is worded as; 'notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law... having effect under the said act or other law'. the obvious corollary of such a statutory protection is that it will not expose the person protected to penal ..... private limited v. commissioner of sales tax, orissa and anr. reported in 105 stc 123. to the similar effect is the finding of this court in the case of indian paints and chemicals (p) ltd. v. sales tax officer, cuttack central i circle reported in 109 stc 227 (see paragraph 8, at page 231).28. how discretion .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT710
..... of the above ruling it can be safely said that levy of entry tax is not directly on the property of the government of india or the property of indian railway. this is a levy on the event of entry of goods to a local area in the state of orissa for which the constitutional immunity is not available. ..... tax under the provisions of the orissa entry tax act, 1999 and the rules made thereunder on different goods brought by the union of india into the local areas of the state of orissa is legal and valid?3. the union of india represented by different authorities of the indian railway have filed these writ petitions. the contentions of the ..... petitioners are that (i) the railway is not liable to pay any entry tax on the goods/properties brought by the railway into the local areas of the state as the railway administration is entitled to exemption on the properties of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori162; 2007(4)ARBLR40(Orissa); 104(2007)CLT15
..... their registered office.if the contractor is still dissatisfied with the decision of the contractee even after considering his written appeal, he shall without prejudice to any indian law for the time being in force be at liberty to refer within thirty days of his receipt of the decision of the contractee only those matters ..... arbitrator is not maintainable. the learned counsel further submits that clause 12.3 does not contain an arbitration clause having regard to section 7 of the said act.6. in support of their respective contentions, learned counsel for both parties have cited several judgments.therefore, the questions which fall to be decided by this ..... inter alia, holding that there is no arbitration clause in the contract between the parties. the petitioner, however, filed an application under section 11 of the said act in the high court of bombay on 16.12.2004. the petitioner also filed a revisional application against the judgment dated 14.5.2003 whereby its application under section .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT1; 2007(1)OLR743
..... annexure-5) executed amongst ipicol, orissa state handloom weavers' cooperative society limited and sri prem paul verma, a private promoter, the managing director of the joint sector company, opposite party no. 4 namely ipitex in consultation with opposite party no. 3, namely, ipicol, would fix the remuneration of the managing director but no such remuneration ..... accepted and after joining the foreign service he has not opted to forgo the terms and conditions of the government and accepted total new service under the company where he was posted on deputation. in absence of any general or special order of government deciding any special pay for the petitioner government is not ..... of 14 months. in various capacities he served under the finance department. he was selected for one year course post graduate diploma in the year 1970 in indian institute of foreign trade, new delhi with permission of the state government. he joined and completed the course in 1970-1971. while continuing in service in .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR742
..... 1. the four accused persons, namely, danda naik, sima @ simanchal naik, bhaiga @ bhagaban naik and debo @ debaraj naik were charged under section 302/34 of the indian penal code and all the accused persons, excepting accused sima alias simanchal naik, were further charged under section 307/34 of i.p.c. and they stood trial in the ..... , whether the names of these persons have been mentioned at the earliest instance; and finally the exonerating pleas of these persons and how far they can be acted upon....the said judgment was rendered by the learned judge relying on various judgments, namely the judgment in the case of periaswami v. emperor reported in 1937 ..... v. state reported in : 2006crilj2120 . in paragraph 27 at page 299 of the said judgment, the learned judges of the supreme court adversely commented on the acts of the investigating officer in not arresting the accused persons. the said observations are quoted below:27. the investigating officer did not explain as to why the appellants .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR452
..... present petitioner. allegations in all the cases, except one, are for commission of alleged offence punishable under sections 120b/420/467/468/472 ipc read with section 13(2) and 13(i)(d) of the prevention of corruption act, 1988.2. the prosecution alleges that the then managing director of orissa rural housing development corporation (for short, 'the corporation') in conspiracy with ..... kumar bajoria (1998) scc (crl) 261 observed that the white collar criminal like the respondent against whom allegation is that he has violated the provisions of the foreign exchange regulation act, is a menace to the society and, therefore, unless, he alleges and establishes in the materials that he is being unnecessarily harassed by the investigating agency, the court would not .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori1; 104(2007)CLT665
..... and are being disposed of by this common judgment.3. company petition no. 15 of 2006 was filed by the indian metals & ferro alloys ltd (in short 'imfa') and company petition no. 17 of 2006 was filed by iccl, the transferor company under sections 391 to 394 of the act, seeking sanction of the scheme of amalgamation, which was ..... annexed as annexure-a to the petitions with the case that the iccl was incorporated on 28.12.1982 under the act ..... quoted below:in view of the aforesaid discussion, we hold that the order passed by the court under section 394 of the companies act is based upon the compromise between two or more companies. function of the court while sanctioning the compromise or arrangement is limited to oversee that the compromise or arrangement arrived at is .....
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