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Orissa High Court

Govt. Employee has No Statutory Right to Insist for posting at A Particular Place

June 21, 2022 2682 Views 0 comment Print

Dulamani Patel Vs State of Odisha (Orissa High Court) The Petitioner’s prayer insofar as promoting and repositioning him in the school where he was continuing or at a nearby place, is unsustainable as the Petitioner was holding a transferable post and under the conditions of service applicable to him, he was liable to be transferred […]

Employees cannot Be Permitted to Change Date of Birth after 5 years of Govt service

June 21, 2022 4848 Views 0 comment Print

Ugrasen Sahu Vs State of Odisha (Orissa High Court) In a State of Uttaranchal & Ors. Vs. Pitamber Dutt Semwal, the relief was denied to the Government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment of the High Court, the […]

Family pension available to transgender applicant: HC

June 18, 2022 1443 Views 0 comment Print

That the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992.

No purchase order, no contract, no arbitration

June 17, 2022 2397 Views 0 comment Print

It was clear, therefore, that till such time the purchase order was issued pursuant to such acceptance of the offer made by the Petitioner, there was no completed ‘contract’. Consequently, Clause-6.34.1 would not get attracted.

Receipt of tax invoice towards inward supply necessary under ISD

June 17, 2022 570 Views 0 comment Print

JSW Steel Ltd. Vs Union of India (Orissa High Court) In view of definition of “Input Service Distributor” contained in Section 2(61), it is necessary that the ISD as an office is required to receive tax invoices towards inward supply. Facts- The Petitioner, being engaged in the business of manufacturing and sale of hot and […]

Rejection of Instalment facility for payment of Amount Due as per Self-Assessed Return including interest justified

June 9, 2022 1680 Views 0 comment Print

P.K. Ores Pvt. Ltd. Vs Commissioner of Sales Tax (Orissa High Court) It is admitted fact on record that the petitioner has deposited an amount of tax admitted in self-assessed returns beyond the time stipulated under Section 39 and hence the CT & GST Officer, Bhubaneswar-II Circle, Bhubaneswar had raised demand of interest to the […]

ITC transfer from one state to another is not an inward supply

June 3, 2022 3816 Views 0 comment Print

JSW Steel Ltd. vs. Union of India (Orissa High Court) Odisha HC – Input Service Distributor can claim input tax credit only in the case of an inward supply, and an input tax credit transfer from one state to another is not an inward supply. Judgement The Odisha High Court ruled that since no such […]

Writ Jurisdiction cannot be invoked for mere Refusal to delete Name of A Party From Arbitral Proceedings

May 22, 2022 420 Views 0 comment Print

State of Odisha Vs Nayagarh Sugar Complex Ltd (Orissa High Court) The agreement provides for exclusion of representations and There are recitals in connection with or in relation to representations or warranties in mentioning Government of Odisha as substantial share holder in the seller and having had acted through Registrar of Cooperative Societies. Department of […]

Commission payment not allowable if not for the purpose of business

May 22, 2022 2151 Views 0 comment Print

Oripol Industries Ltd. Vs JCIT (Orissa High Court) In the present case, all the persons to whom commission was paid were either Directors of the Company or their relatives. None of them is shown to have any expertise in procuring IOF from the Indian markets for enabling the Appellant to meet the purchase order placed […]

Unreasoned Award is against the mandate of Arbitration & Conciliation Act

May 18, 2022 849 Views 0 comment Print

Jayaram Panda Vs Project Director (Orissa High Court) Sub-section (3) in section 31 mandates that the arbitral award shall state the reasons, upon which it is based unless, inter alia, it is to be made as per the clauses (a) and (b) in the sub-section. Said clauses do not apply in the facts and circumstances, […]

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