Court : Orissa
Decided on : Nov-15-2006
Reported in : 103(2007)CLT191
ORDERM.M. Das, J.1. The Petitioner, which is a voluntary organization registered as a society having the aim and object to raise awareness amongst the people in regard to their rights, has come up with the present writ petition filed in the nature of Public Interest Litigation, inter alia, alleging that the three Medical Colleges and Hospitals run by the Government in the State as well as various Nurshing Homes situated in the city of Cuttack and elsewhere in the State by not following the provisions of law and not taking appropriate steps for due disposal of Biomedical Waste are causing Air and Water pollution inasmuch as the same is hazardous to the health of the local people as well as the patients and their attendants who are treated in the said Hospitals/Nurshing Homes.2. The Petitioner has alleged in the writ petition that the Biomedical Waste in the above mentioned Hospitals and Nurshing Homes are not being disposed of in accordance with the Biomedical Waste (Management and Hand...
Tag this Judgment!Court : Orissa
Decided on : Nov-06-2006
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
A.K. Ganguly, J.1. The Petitioner, a registered company, claims to have established its plant in 1937 to manufacture paper and pulp. The case of the Petitioner is that as there was erratic supply of power by the State, it wanted to establish new captive power generation plant under which the power would be captively used by the Petitioner's factory which is situated at Brajarajnagar. The further case of the Petitioner is that it is a registered dealer both under Orissa Sales Tax Act and Central Sales Tax Act. The relevant registration certificates of the Petitioner, both under OST and CST, show that the Petitioner is entitled to purchase among other things plants, machinery and accessories on the strength of its registration certificates. The Petitioner's own case is that on such certificate it continued to purchase for its existing power plant, machinery and articles on concessional rate of tax under Section 8(1) of the CST Act and this was done to the knowledge of opposite party No. ...
Tag this Judgment!Court : Orissa
Decided on : Jul-21-2006
Reported in : 102(2006)CLT479; 2006(II)OLR349
M.M. Das, J.1. This Letters Patent Appeal has been filed against the order dated 9.9.2005 passed by the learned Single Judge in FAO No. 298 of 2005.2. Dipika English Medium School Society, a society registered under the Societies Registration Act being represented through its Principal Secretary has filed Civil Suit No. 131 of 2005 which is pending before the learned Civil Judge (Sr. Division), Rourkela. It appears from the prayer made in the plaint that the plaintiff has claimed for a declaratory decree declaring that the defendants 1 to 10 are not entitled to interfere in the management and administration of the plaintiff's school and further declaring that the constitution of the Managing Committee of the said school amongst defendants 1 to 10 on 25.7.2005 is illegal and unlawful and not binding on the plaintiff. A consequential relief in the form of permanent injunction restraining the defendants 1 to 10 from interfering with the management and administration of the school and from...
Tag this Judgment!Court : Orissa
Decided on : Jul-04-2006
Reported in : 102(2006)CLT309; 2006(II)OLR154; [2006]148STC61(Orissa)
A.K. Ganguly, J.1. The subject matter of challenge in this writ petition is the initiation of a reassessment proceeding by the Sales Tax Officer (hereinafter called, 'S.T.O.-') by a notice dated 23.9.98 purported to have been issued under Section 12(8) of Orissa Sales Tax Act (hereinafter referred to as 'O.S.T. Act'). The impugned notice was issued in a statutory form, being Form VI under Orissa Sales Tax Rules (hereinafter referred to as the 'O.S.T. Rules'). The material part of the recital contained in the said notice is as follows :-FROM VINotice to a dealer under Sections 11(1) and 12(5), 12(8) of the Orissa Sales Tax Act. The Indure Ltd., (dealer)Banoharpali (address)Whereas it appears to me that your gross turn over in the year immediately preceding the commencement of the Orissa Sales Tax Act 1947 during the period not exceeding 12 months ending on...has exceeded 25,000 but that you have nevertheless without sufficient cause failed to apply for registration under Section 9 of th...
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : [2009]149CompCas362(Orissa)
M.M. Das, J.1. Copet Nos. 15 and 17 of 2006 are applications under Sections 391 to 394 of the Companies Act, 1956 (for short, 'the Act') seeking sanction of the scheme of amalgamation which has been annexed as annexure A to the petitions. The petitions have been supported by affidavits. Copet No. 15 of 2006 has been filed by the transferee company, namely, Indian Metals and Ferro Alloys Ltd. (for short, 'the IMFA'). Similarly, Copet No. 17 of 2006 has been filed by the Indian Charge Chrome Ltd. (for short, 'the ICCL') which is the transferor company.2. The case of the petitioners (both the transferor and transferee companies) is that the ICCL was incorporated on December 28, 1982, under the Act having its registered office at Bomikhal, Bhubaneswar with an authorised capital of Rs. 90 crores which was divided into nine crores equity shares of Rs. 10 each. Then issued and subscribed capital of the ICCL is Rs. 58,12,16,800 consisting of 5,81,21,680 equity shares of Rs. 10 each. The compan...
Tag this Judgment!Court : Orissa
Decided on : Jul-07-2006
Reported in : 102(2006)CLT762; [2008]143CompCas462(Orissa)
M.M. Das, J. 1. In this application under Sections 391 and 394 of the Companies Act, 1956, a sanction of the scheme of arrangement for amalgamation has been sought for.2. By order dated 21.4.2006, after hearing the company petition, this Court directed to advertise the petition in the newspapers, i.e., 'The New Indian Express' and 'The Samaja', fourteen days before 12.5.2006 to which date, the case was fixed. It was further directed to serve a copy of the petition as per Section 394A of the Companies Act, 1956 on the Regional Director, Department of Company Affairs, Central Government, which is a necessary party, for obtaining the opinion of the Regional Director and the Official Liquidator was also asked to submit a report before this Court by the aforesaid date. On 19.5.2006, when the matter was taken up, the Registrar of Companies representing the Regional Director produced a copy of the letter of the Regional Director wherein, objections were raised to paragraph-10 of the scheme of...
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