Court : Orissa
Reported in : 109(2010)CLT772,2010(I)OLR760
B.K. Nayak, J.1. The short question that arises for consideration in this writ application is whether the Registering Officer under the Indian Registration Act can retain possession of the original registered instrument (sale deed) where it raises a dispute in terms of Section 47-A of the Indian Stamp (Orissa Amendment) Act with regard to the stamp duty payable on such instrument.2. The facts leading to the formulation of the aforesaid question have been depicted in the writ petition as follows:The petitioner, a private limited company registered under the Companies Act, represented through its Director carries on business of development of land and construction of apartments. For the purpose of its business, the petitioner purchased a piece of Sarad non-irrigative variety of land measuring Ac.0.927 dec. pertaining to Sabik Plot No. 1807 and Sabik Khata No. 507 of Mouza Gadakana under Bhubaneswar Tahasil of Khurda district corresponding to Mutation Plot No. 3803 and Mutation Khata No. ...
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT782
Sanju Panda, J.1. In this writ application, the Petitioners have challenged the revocation of Mining Lease transfer Order Dated 6.2.2007 passed by the Deputy Secretary to Government of Orissa, Department of Steel & Mines & cancellation of removal permission for iron ore (vide Annexure-14) & Issuance of working permission in favour of a dead person, namely, Late Manoranjan Das (vide Annexure-16).2. The facts leading to this case are as follows:A mining lease in respect of an area measuring Ac.11.533 hects in village Deojhar in the district of Keonjhar for a period of 20 years was to be granted in favour of one Manoranjan Das. Due to paucity of funds, on 18.3.1997 he entered into an agreement with Deepak Kumar Rana, Managing Partner of Petitioner No. 1 firm to transfer the said mining lease & also executed a General Power of Attorney in his favour. Accordingly, on the said lease being granted in favour of Manoranjan Das, on 6.7.1998 Deepak Kumar Rana as the Power of Attorney Holder of Ma...
Tag this Judgment!Court : Orissa
1. This writ petition has been filed seeking a direction to opposite party no.1-Sub-Registrar-cum-Stamp Collector, Khurda to return the original sale deed No.2814/2007 to the petitioner and for quashing the notice dated 16.2.2008 under Annexure-3 by which the opposite party no.1 directed the petitioner either to deposit the deficit amount of stamp duty and registration fee as calculated by him or else to contest the matter to be referred to the next higher forum.2. Short facts giving rise to this writ petition are that for maintenance of day-to-day affairs of Shree Lord Jagannath Temple, the Managing Committee after receipt of approval of the Government of Orissa for sale of the property in question published a sale notice bearing No.142 dated 8.1.1996 inviting applications from prospective purchasers. Pursuant to the said notice, prospective purchasers applied for the same. On 8.6.1996, an open auction was held. In the said open auction, the present writ petitioner became the highest ...
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1. The petitioner, Geomin Minerals & Marketing (P) Ltd. which is a Company incorporated under the Indian Companies Act, 1956, has filed this writ petition, inter alia with the following prayers:"Order the opposite parties to dispose of all pending applications for Mineral Concessions filed by the petitioner and set out in the petition in accordance with its vested right to preferential consideration in view of the fact that the petitioner's applications have been filed on the first date of availability and eligibility.Issue a writ of prohibition or any other appropriate writ, order or direction restraining the opposite parties from considering applications for Mineral Concessions of later applicants to the petitioner until the applications of the petitioner are first considered and disposed of by according priority or preferential right based on the petitioner being a first day applicant having applied for the concerned Mineral Concessions set out in the petition on the first date of a...
Tag this Judgment!Court : Orissa
1. The short question that arises for consideration in this writ application is whether the Registering Officer under the Indian Registration Act can retain possession of the original registered instrument (sale deed) where it raises a dispute in terms of Section 47-A of the Indian Stamp (Orissa Amendment) Act with regard to the stamp duty payable on such instrument.2. The facts leading to the formulation of the aforesaid question have been depicted in the writ petition as follows: The petitioner, a private limited company registered under the Companies Act, represented through its Director carries on business of development of land and construction of apartments. For the purpose of its business, the petitioner purchased a piece of Sarad non-irrigative variety of land measuring Ac.0.927 dec. pertaining to Sabik Plot No.1807 and Sabik Khata No.507 of Mouza Gadakana under Bhubaneswar Tahasil of Khurda district corresponding to Mutation Plot No.3803 and Mutation Khata No.1053/29, which fu...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR990
Indrajit Mahanty, J.1. In this application under Section 482 Cr.P.C, the petitioner-Harischandra Patel has sought for quashing the order of cognizance dated 15.12.2008 passed by the learned S.D.J.M., Bolangir in G.R. Case No. 535 of 2008 taking cognizance against the petitioner and another under Sections 452, 332, 427, 506/34 I.P.C.2. Shorn of unnecessary details, as would be evident from the case records, an F.I.R. was lodged by the informant-William Bilung, who was then working as the Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir alleging that on 12.8.2008 at about 5.30 PM while the informant was in his office, the petitioner along with one Banamaii Khuas (co-accused) entered into his office and demanded advance payment for the fruit bearing trees situated over the land which was acquired from the petitioner and others under the Land Acquisition Act. It appears that when the informant denied to fulfil their demand, a group of 10 to 12 persons who were in...
Tag this Judgment!Court : Orissa
Reported in : 110(2010)CLT29
1. This writ application is directed against the Order Dated 27.2.2010 passed by the Learned District Judge, Ganjam-Gajapati, Berhampur in Election Petition No. 11 of 2008 holding that the Petitioner is disqualified Under Section 16(1)(ix) of the Orissa Municipal Act, 1950 (for short 'the Act') to be a Councillor of the Notified Area Council, Khallikote (for short 'N.A.C') Election Petition No. 11 of 2008 was filed by O.P. No. 1, one of the Councillors of the N.A.C. against the Petitioner & O.Ps. 2 to 5, officials entrusted to the task of conducting elections.2. Polling for ejection to the Council of the N.A.C. was held on 19.9.2008. For the purpose, nominations were received from 25.8.2008 to 27.08.2008. Declaration of successful candidates was made on 20.09.2008. O.P No. 1 was declared as a Councillor from Ward No. 5 & the Petitioner was declared elected as a Councillor from Ward No. 3. On 30.09.2008 the Petitioner was declared to be the Chairman of the N.A.C. First meeting of the Co...
Tag this Judgment!Court : Orissa
Reported in : 110(2010)CLT14
S.K. Mishra, J.1. The simple question that arises for determination in this appeal preferred by the Insurance Company is whether, in spite of cancellation of the Insurance Policy prior to the date of accident, because of dishonour of the cheque deposited towards premium by the insured, the legal heirs of a third party who died in an accident of that vehicle shall have the right of claiming compensation from the Insurance Company.2. It is undisputed that on 16.07.2004 at about 11 A.M., while the deceased was standing in front of his house at village Bandha, the offending Dumper bearing Regn. No. MP-20G/4694 belonging to the Opp. Party No. 1 came in a rash & negligent manner & dashed against the deceased, as a result of which, he died at the spot. The claimant pleaded that the deceased was working as a Carpenter & was earning a sum of Rs. 3,500 per month, but the Learned 1st Motor Accident Claims Tribunal, Keonjhar (hereinafter referred to as the 'Tribunal' for brevity) did not accept su...
Tag this Judgment!Court : Orissa
Reported in : 110(2010)CLT7
..... rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence services (classification, control & appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazettee, apply.the fourth schedule of the act reads:the forth schedule(see section 9a)conditions, of service for change of which notice is to be given1. wages, including the period & mode of payment;2 ..... held by the learned tribunal that in terms of the appointment letter annexure-1 the service conditions of the petitioner were to be governed under the certified standing orders of ppl. even after taking over of the management of the ppl by private company the service conditions of the employees were held in o.j.c. no. 1625 of 2002 to continue to be governed by the certified standing orders in which retirement age was never altered from 58 years to 60 years. moreover, .....
Tag this Judgment!Court : Orissa
1. The facts and law involved in all the writ petitions being the same, albeit IMFA and NALCO raised some extra points of facts and laws, they are heard analogously and the following common judgment is passed thereon. In all the writ petitions, the petitioners, all of whom generate energy for their own consumption, challenge the vires of the Orissa Electricity Duty Act, 1961 (hereinafter referred to as 'the Act') in so far as Sections 2, 3 and 5 thereof are concerned. They also challenge the notification No.7721-P-II-Ed.15/92 E wherein Electricity Duty was fixed @ 12 paise for a person not being licencee or board who generate such energy for his own use or consumption. They further challenged the Notification No.GRIDCO-ED- 3/2001-18237, dated 10.10.2001 issued by State Government in their Department of Energy, wherein electricity duty was increased from 0.12 paise to 0.20 paise per unit. According to the petitioners, the impugned impost is expressly on generation/production of electric...
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