Court : Orissa
Decided on : Feb-28-2005
Reported in : 2005(I)OLR565
..... 20, then such an interpretation would not impinge on or stultify the power of the high court to punish for contempt which power, dehors the contempt of courts act, 1971 is enshrined in article 215 of the constitution. such an interpretation of section 20 would harmonise that section with the powers of the courts to punish for ..... parties cannot be said to have violated the orders of this court.7. adverting to the limitation, we would like to quote section 20 of the contempt of courts act, 1971 which is as follows :'20. limitation for actions for contempt :no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after ..... petitioners in the main writ application (o.j.c. no. 15454 of 1997), the other petitioners can certainly approach this court for proceeding under the contempt of courts act. the order passed in the main writ application quoted above can be divided in three parts :(i) after finding the selection process from any infirmities, this court ordered .....
Tag this Judgment!Court : Orissa
Decided on : Jan-07-2005
Reported in : 99(2005)CLT324; [2005]128CompCas412(Orissa); [2005]64SCL212(NULL)
..... before finally passing an order of winding up, i give an opportunity to the company to pay up the interest in accordance with the provisions of the act, 1993 to the petitioners or in the alternative, arrive at a settlement with the petitioners regarding their claim of interest.let the two matters be listed after two months ..... has placed great reliance do not affect in any manner the liability of the company to pay interest to the petitioners under section 4 and 5 of the act, 1993. these provisions in section 6 are merely procedural provisions as to the forum before whom a dispute with regard to the principal amount together with interest thereon ..... petitioner was a small scale industry and is registered as such, it was entitled to interest under the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993.7. both mr. patra and mr. mukherji cited the decisions of the punjab and haryana high court in stephen chemical limited v. innosearch limited, (1986) 60 .....
Tag this Judgment!Court : Orissa
Decided on : Oct-24-2005
Reported in : 100(2005)CLT616
..... cases. (late) baishnab |-----------------------| (late) sankar kapila |-------------| |-------------| (late) gouranga govinda (late) dhuleswar (late) kulmani w- ulluchha w - parbati w- sabitri died 11.3.1993 | | | |------|------| |-------| |-------| kailash binod premananda subash sukanta namit sanjukta | |-------| babula archana3. the writ petitioner claims to be the adopted son of kulamani, sabitri @ saba, ..... ) no civil court shall entertain any suit or proceedings in respect of any matter which an officer or authority empowered under this act is competent to decide.'11. it transpires from the above quoted provision that the consolidation authorities have been vested with the authority ..... jurisdiction of the consolidation authorities. seeking a declaration simpliciter as to legal character as contemplated by section 34 of the specific relief act is exclusively within the jurisdiction of the civil court and hot within the competence of the consolidation authorities. except in cases where .....
Tag this Judgment!Court : Orissa
Decided on : Jan-14-2005
Reported in : AIR2005Ori92
..... .s.f.c.} in taking over the re-rolling mill of the petitioner under section 29(1) of the act and, in selling the same had been challenged by the petitioner in the earlier writ petition o.j.c., no.6040 of 1993 and by order dated 6-1-1994 this court had refused to interfere with the take over and sale ..... still challenge the action of the o.s.f.c. in taking over and selling the re-rolling mill of the petitioner under section 29(1) of the act when the petitioner had earlier approached this court in o.j.c. no. 6040 of 1993 against the take over of the re-rolling mill of the petitioner under section 29 of the ..... act and this court had refused to interfere with the said action of the o.s.f.c. while disposing of the said writ petition by its order dated 6 .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2005
Reported in : 100(2005)CLT119
..... at this stage. who is the expectant and what is the nature of the expectation when does such an expectation become a legitimate one and what is the foundation for the same what are the duties of the administrative authorities while taking a decision in cases attracting the doctrine of legitimate expectation ?'in the case of union ..... further contention is that in the decisions reported in 81 (1996) clt 505 (fb) : 1996 (i) olr 145 (priti ranjan pradhan v. state of orissa and ors.); 76 (1993) clt 308 (golekh chandra mohanty and ors. v. state of orissa) and special bench decision reported in 87 (1999) clt 272 (sb): 1999 (i) olr 187 (priti ranjan pradhan ..... district there are twenty three aided high schools including the petitioner's school and those are governed by the provisions of the 1974 rules made under the orissa education act, 1969.2. before proceeding further, it is necessary to peruse the provisions of rule 8 of the 1974 rules, which are quoted hereunder:'8. exceptions to section .....
Tag this Judgment!Court : Orissa
Decided on : Aug-30-2005
Reported in : 2005(II)OLR643
..... and recommend the selection list for approval of class iii employees of the corporation, which were lying vacant then. the petitioners in the present case have neither laid the foundation mentioning recruitment process to have been done by a committee before whom they appeared and their names were recommended by the committee nor they have taken the stand that ..... decision dated 21.5.1994, no fault can be found, with the said action of opp. party no. 2.13. as per amended provision of rule-9 of rules 1993 (annexure-9 of w.p.(c) no. 10342 of 2004), the corporation may delegate the power of recruitment to the district level committee comprising of addl. district magistrate (chairman ..... justice. it is further contended that their promotion to the post of g.a.-cum-s.a. is quite regular as they were appointed in accordance with the rules, 1993. according to the learned counsel, the opp. party no. 1 is bound to regularize the post of kantawala in view of the apex court's decision in civil appeal .....
Tag this Judgment!Court : Orissa
Decided on : Sep-22-2005
Reported in : 101(2006)CLT537
..... is a factual aspect.17. the submissions of two advertisements; one is in january, 1999 and the other on 7.2.2003 for dis-investment has got no foundation in the writ application. though annexure-5 has been filed purported to be an advertisment in january, 1999 inviting offers for taking over idcol cement ltd. and ..... was converted into a limited company with the nomenclature of hirakud industrial works limited as a wholly owned subsidiary of idcol being incorporated under the companies act, 1956 on 18.1.1993 with its registered office at hirakud in the district of sambalpur. the function of hiw was fabrication of tower and sub-station structures. the subsidiary was ..... 30.6.1986. after merger, as hirakud industrial works earned profit and a separate subsidiary company was formed with the name of hiwl with effect from 1.4.1993 and to provide better functional capacity to the company, hira cable works that was manufacturing conductors (wires) was also merged with hiwl since february 1997. it is .....
Tag this Judgment!Court : Orissa
Decided on : Jan-07-2005
Reported in : 99(2005)CLT405; 2005(I)OLR273; [2005]141STC103(Orissa)
..... , is not affected, specially in a case where the authority against whom the writ is filed had no jurisdiction or had purported to usurp jurisdiction without any legal foundation. in the case of the special director and anr. v. mohd. ghulam ghouse and anr. (supra) on the other hand, the supreme court observed :'this ..... of the provisions of the said two sections the respondent has no jurisdiction to initiate proceedings or make an inquiry under the said sections in respect of certain acts alleged to have been done by the appellants, the respondent can certainly be prohibited from proceedings with the same. ...'thus, if the facts stated in ..... sales tax, sundargarh range, rourkela (assessment) with effect from 1.4.2000. for the year 2000-2001 the petitioner filed consolidated return under section 11 of the act before the assistant commissioner of sales tax, sundargarh range, rourkela (assessment). in the said return, the petitioner claimed that it had purchased goods including ammonium nitrate .....
Tag this Judgment!Court : Orissa
Decided on : Aug-12-2005
Reported in : AIR2006Ori21; 100(2005)CLT746; 2005(II)OLR330
..... se disputes, it would be prudent to note that possession is prima facie a proof of title, and a previous possession though without title will constitute a good foundation for a suit for eviction of a person who is equally a trespasser and has no better title to the disputed property (see bodha ganderi v. ashloke singh, ..... the date when the litigation started and exts.31 to 37- the case diaries and firs lodged at the mangalabag police station of cuttack during the period from 1993 to 1996 alleging that defendant no. 4 was trying to forcibly enter into the disputed land, unerringly lead to the conclusion that suresh was all along in possession ..... , the suit land was an intermediary estate of sarthalal mishra and others, which had vested in the state in consonance with a notification under the orissa estates abolition act. though the plaintiff claimed that her husband suresh had purchased the suit land from chiranjilal who had purchased the same from the ex-intermediary prior to vesting, since .....
Tag this Judgment!Court : Orissa
Decided on : Jun-21-2005
Reported in : 2005CriLJ4494
..... petitioners under section 395, i.p.c. by the chief judicial magistrate-cum-assistant sessions judge, rayagada in the combined trial of sessions case no. 7 of 1993 and 11 of 1993, was upheld by learned additional sessions judge, koraput at jeypore as per the common judgment delivered in criminal appeal , nos. 26 to 30 of 1994 of the ..... accused persons. learned addl. sessions judge, jeypore on appreciation of evidence on record, in the context of search, recovery and seizure under section 27 of the evidence act, approved the finding recorded by the trial court and affirmed the order of conviction.3. bone of contention of each of the petitioner is relating to non credibility of ..... 7 of 1993 of the court of asstt. sessions judge.2. the aforesaid accused persons were committed to the court of sessions and ultimately tried by the assistant sessions judge in the above noted sessions cases, on the charge framed under sections 395 and 171/34, i.p.c. read with section 9(b) of the explosives act, 1884. .....
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