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KEY JUDGMENTS REPORTED IN THE SUPREME COURT JOURNALS

“State of Orissa Vs. Gokula Nanda Jena”: (2003) 6 SCC 465.
In this case involving Arbitration and Conciliation Act, 1996, law has been laid down by the Apex Court wherein
a writ petition under Article 226 of the Constitution was held to be maintainable against an administrative order
of the Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996.

“State of Orissa Vs. Nityananda Satpathy and Ors”: (2003) 7 SCC 146.
In this case involving the Orissa Land Reforms Act and Orissa Land Ceilings Act more than 400 acres of
government land on the Puri-Konark Marine Drive, which had been unauthorisedly occupied by the trespassers
even after the Orissa Estates Abolition Act coming into force, was retrieved by the Apex Court in favour of the
State of Orissa.

In “Mahanadi Coal Fields
In this case, the interest of Transport Department of the State of Orissa on the issue as to whether dumpers
used in collieries are motor vehicles for the purposes of Orissa Motor Vehicles Taxation Act.

“Surendra Nath Mohanty Vs. State of Orissa”: (1999) 5 SCC 238. 
In this case, the Apex Court laid down the law that in exercise of the inherent power under Section 482 Cr. PC,
the High Court should not compound offences, which are otherwise non-compoundable under the provisions of
the Code. 

Few other  reported Judgements enunciated by the Apex Court:

Re “Duti Sahu and Ors.”: (1997) 3 SCC 501 under Forest Conservation Act.

“Paramananda Das and Ors.”: (1997) 7 SCC 575 regarding Service Law.

Re” Niranjan Nayak and Ors.”(1997) 10 SCC 112 under Service Law.

Re”Lochan Nayak and Ors”(2003) 10 SCC 678 under Constitution Of India.

Re”Rajendra Kumar Das and Anr”: (2003) 10 SCC 411 regarding Promotion under Service Law.

Re”Lodu Swain and Ors.”: (2003) 11 SCC 199 regarding Criminal provisions under Penal Code.

“P.S.N. Rao”: (2002) 6 SCC 478 regarding Promotion under Service Law.

Re“Sudhakar Das”: (2000) 3 SCC 27 under Arbitration Act/Interest Act.

Re”Baidhar Sahu”: (2000) 4 SCC 475 under Service Law.

“Gayatri Devi Pansari”: (2000) 4 SCC 221 under Constitution Of India.

“Banolata Mahapatra”: (1999) 4 SCC 618 under Constitution Of India.

“Janmejoy Dinda”: (1998) 3 SCC 63 under Drugs and Cosmetics Act,1940.

Re”Balaram Sahu and Ors”: (2003) 1 SCC 250 under Constitution Of India/Labour Law.

“Gananath Pattnaik”: (2002) 2 SCC 619 under Penal Code.

Re”Thakara Besra and Onr”: (2002) 9 SCC 86 under Penal Code.

“Sudhansu Sekhar Sahoo”: (2002) 10 SCC 743 under Penal Code.

Re”Aswini Kumar Dash and Anr”: (1998) 3 SCC 613 under Service Law.

In some other leading cases, argued on behalf of the firm, the Supreme Court of India has laid down the
following authoritative law:

In the field of Arbitration Law, for the first time in a case entitled “State of Orissa Vs. Durga Charan Rout”, the
Supreme Court has held that the decision of Chief Justice or his nominee in appointing an arbitrator under the
provisions of Arbitration and Conciliation Act, 1996 can be challenged by way of writ petition before the High
Court.

In the case of “Surendra Nath Mohanty”, the Supreme Court held for the first time that the non-compoundable
offences under the various penal statutes cannot be compounded by the High Court in exercise of its inherent
power.
In matters relating to benefits under Industrial Policy Resolution and Sale Tax exemption, cases of industries
claiming concessions on grounds of promissory estoppel and doctrine of legitimate expectation were
successfully.

M/s. Dhodha House v. S. K. Maingi: AIR 2006 SC 730 relating to jurisdiction under Copyright and Trade Mark
Act.

M/s Arvind Construction Co. (P) Ltd. v. M/s Kalinga Mining Corporation, (2007) 6 SCC 798 under Arbitration and
Conciliation Act.


SOME REPORTED JUDGEMENTS IN HIGH COURTS

G. K. Searle LLC and Ors. v. Maiden Pharmaceuticals Ltd: 2005 (31)PTC 174 (Del)

Ravinder Sharma v. Mirza Tanners Ltd: 2005 (30) PTC 31 (Del)

Alberto Culver Company v. R. K. Vijay: 2005 (30) PTC 74 (Del)

Rajinder Pupneja and Anr v. Bishan Das and Sons and Ors: 2004 (29) PTC 38 (Del)

Dev Pharmcy v. Nova International: 2003 (27) PTC 395 (Del)

M/s Arvind Construction Co. (P) Ltd. v. Sales Tax Commissioner, Cuttack.







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