Court : Orissa
Reported in : (2008)15VST522(Orissa)
..... appeal provided. after completion of the assessment, challenge to the legality of the notice does not survive consideration because the question whether the notice had any legal foundation could have been decided in appeal against assessment. nevertheless, as the petitioner has requested to adjudicate that aspect, therefore, we have done it, though in ..... ambuja cement ltd. reported in : air2005sc3836 , kunhayammed v. state of kerala reported in : [2000]245itr360(sc) and state of orissa v. ugratara bhojanalaya reported in [1993] 91 stc 76 (orissa). concluding his argument, he further submitted that there were alternative avenues of revision and appeal open to the department, but the sales tax officer ..... not arise.23. in the case of state of orissa v. ugratara bhojanalaya reported in [1993] 91 stc 76 (orissa) relied on by the petitioner, this court while dealing with section 12(8) of the orissa sales tax act, in paragraph 6 of the said judgment, held that a juristic justification of doctrine of .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT658
..... the bank account of the school. there was, therefore, no further dues payable to respondent 1 and the subsequent calculation made by the district education authorities had no foundation and the executing court erred in relying on the same.15. it was submitted that the executing court had travelled beyond its jurisdiction in directing payment on the basis ..... 2600, as revised from time to time.8. it appears that in the execution proceedings the officials of the education department calculated the salary of respondent 1 from december 1993 to february 2002 in the grade of rs. 1400-2600 plus usual allowances as' sanctioned by the government, to come to a finding that rs. 6,00,584 ..... present suit? opd.5. whether the suit is not maintainable in the present form? opd.6. whether the plaintiff is estopped from filing the suit by her own act and conduct? opd.7. whether the plaintiff has concealed material facts from the court, if so to what effect? opd.8. whether the defendants are entitled to special .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ4801; 2001(II)OLR238
..... discussion, we are of the view that the circumstantial evidence basing on which the prosecution have staked their case, is too shaky, suspicious and fragile to furnish a sound foundation for conviction of the appellant.17. in the result, the appeal is allowed. the order of conviction and sentence are set aside. since the accused-appellant is in jail ..... so many gold ornaments is also a strange circumstance.(vi) the sorisa mali was seized on production by p.w.8, in the house of sarpanch on 3.9.1993.11. the investigating officer stated that the accused while in custody confessed before him about the crime arid disclosed the place where the ornaments were kept and the same ..... sorisa mali which was pledged with him may belong to the deceased, he produced the same before the village meeting held at village nuagada in the night of 2.9.1993 and disclosed that the deceased has pledged the said 'sorisa mali' and borrowed a sum of rs. 500/- from him. the villagers who were attending the meeting sent .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori177
..... which cannot be faulted with.8. let us examine if the decisions cited by shri panigrahi would be of any assistance to the petitioners. in sanjey kumar ram (air 1993 orissa 81) (supra), the council had cancelled the result in english paper-11 (arts) of the second higher secondary examination, 1991 on the basis that the candidates resorted ..... relying on the judgment of this court in asit kumar panigrahi v. state of orissa, (1993) 76 cut lt 260 contended that there were adequate materials before the council to take a decision and in a case where an adverse decision is taken in case of ..... of hearing, it is vulnerable. in this connection, he placed reliance on the judgments of this court in sanjay kumar ram v. council of higher secondary education, orissa, air 1993 orissa 81 and deepak kumar pradhan v. secretary, board of secondary education, orissa (1995) 79 cut lt 612. shri das, learned counsel appearing for opp parties 2 and 3 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori198
..... the basis of any sound opinion that it was the peti-tioner who was guilty of malpractice. it is therefore urged that the syndicate when acting on the opinion of the examiners did not realise that the foundation of that opinion was considerably shaken by the view that they took about the trustworthiness of the centre superintendent. it is thus urged that ..... syndicate adjudged the petitioner guilty without affording him any opportunity to explaining the case against him. (2) the syndicate did not take all the relevant circumstances into consideration and merely acted on the conjectural opinion of the examiners and was thus arbitrary. the conclusion was arrived at without the exercise of due care and caution. as regards the first ground, it .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT731; 2003(I)OLR310
..... position on the basis of the aforesaid mistake in the mark-sheet dated 13.2.1997 showing 60 marks to have been awarded to the petitioner against foundation course. the foundation course comprises of english and m.i.l.(o) and ancillary course. if the petitioner had failed in english having only secured 10 marks against the ..... papers-i & ii and practical in the year 1997 and in the year 1998 and did not repeat the examination in english which was a paper in foundation course. the petitioner has already lost two valuable years and also two chances for taking compartmental examination available to her under the university regulation and the university authorities ..... further show that the separate marks were not mentioned as against english, m.i.l. and ancillary/ applied courses, but total marks of 60 awarded in the foundation course, in which the aforesaid three subjects are included. since by the aforesaid mark-sheet dated 13.2.1997 issued by the sambalpur university, the petitioner-was not .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT792
..... lordships found that when there was no allegation of any offence being committed, the direction for investigation of c.b.i, was uncalled for and therefore, in the absence of foundation of any allegation against the minister, direction for payment of cost of rs. 50 lakhs was uncalled for. accordingly, their lordships observed:172. for the reasons stated above, ..... powers has itself committed a mistake, it has the plenary power to correct its own mistake as pointed out by this court in s. nagraj v. state of karnataka 1993 supp. (4) scc 595, in which it was observed as under:justice is a virtue which transcends all barriers. neither the rules of procedure nor technicalities of law ..... the order dated 26.8.2002 passed in o.j.c. no. 9794 of 2000.in furtherance of the above prayer, petitioners state that they were validly appointed in 1993-94 and the opposite parties are the retrenched employees. order of retrenchment challenged by the opposite parties in o.j.c. no. 3174 of 1989 went against them. .....
Tag this Judgment!Court : Orissa
Reported in : 1997(2)ALT(Cri)22; 84(1997)CLT588; 1996(II)OLR86
..... on him to make a record of his opinion once he comes to conclusion that the charge against the accused is groundless and does not have a foundation. the court has to act on the materials before it and not blindly adopt the views of the prosecution. if on the existing material there is no ground for presuming the ..... punishable under section 120b prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done illegal act; the agreement may be proved by necessary implication. offence of criminal conspiracy has its foundation in an agreement to commit an offence. a conspiracy consists not merely in the intention of two or more, but in ..... mean when there is no legal evidence to support charge brought against the accused and the acts did not make out any offence at all. the word 'ground' as appearing in the section must be taken in its ordinary connotation to mean basis, foundation of valid reason. the obvious meaning of the word 'charge' as used in section 239 .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR452
..... area of 651 hectares. as the area of lease was reduced by the said order of approval, tisco preferred a writ petition in this court being ojc no. 7729 of 1993. during pendency of the said writ petition in this court, some of the companies being indian charge chrome limited and jindal strips limited also preferred two writ petitions in this ..... 20 years. the state of orissa forwarded its recommendation in favour of the tisco to the central government for renewal for a further period of 10 years. on 3.6.1993, government of india approved renewal of the lease over the entire area of 1261.467 hectares. however, due to a complaint of g.c. munda, member of parliament, the said ..... for renewal of the lease which was duly granted under section 8(2) of the mines and minerals (regulation and development) act, 1957 for an area of 1261.467 hactares for a period of 20 years till 1 1.1.1993 subject to the condition that it would set up beneficiation plant. on october 3, 1991 little more than a year before .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori57; (1990)IILLJ262Ori
..... public service is to secure the best and the most suitable person for the job, avoiding patronage and favouritism. selection based on merit, tested impartially and objectively, is the essential foundation of any useful and efficient public service. so, open competitive examination has come to be accepted almost universally as the gateway to public services. but the question is how should .....
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