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Orissa High Court

Expression ‘tobacco & tobacco products’ includes ‘bidi’: HC

July 29, 2022 624 Views 0 comment Print

Patel Brothers & Co Vs State of Odisha (Orissa High Court) Admittedly, the Petitioner Assessee is a manufacturer of Bidis. The short question is whether it is included within the entry Tobacco and Tobacco products in item 16 of the Schedule under the Orissa Entry Tax Act (OET Act). Learned counsel for the Petitioner seeks […]

Orissa Sales Tax Act- Tin containers classifiable under Entry 129 of List-C

July 29, 2022 501 Views 0 comment Print

Maharshi Steel Industries Vs Commissioner of Sales Tax (Orissa High Court) HC held that that the expression ‘tin containers’ is to be understood in the normal commercial and trade parlance and it would be erroneous for the Department to insist that only containers manufactured entirely out of tin should be considered to be tin containers. […]

GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

July 3, 2022 10872 Views 0 comment Print

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]

RTI: Withholding of information, that is not sensitive/ confidential, is unjustified

June 29, 2022 2040 Views 0 comment Print

Held that the information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department, cannot be withheld.

Interference u/s 34 unjustified as arbitral award doesn’t contradict public policy

June 29, 2022 2229 Views 0 comment Print

Provisions of section 34 restricts the scope of interference with the arbitral award on the ground of public policy. Present arbitral award doesn’t contradict public policy hence interference unjustified.

HC directs payment of Interest on delayed payment of Salary help-up for 21 years

June 21, 2022 13890 Views 0 comment Print

Sovakar Guru Vs State of Odisha and Ors. (Orissa High Court) The grievance of the Petitioner, insofar as payment of arrears is concerned, has already been redressed but the interest component of the amount which has been held up for the last twenty-one years, is required to be paid. There is no dispute about the […]

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

June 21, 2022 2805 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 5067 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 1521 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 2490 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.

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