Court : Orissa
Reported in : AIR1973Ori173
..... be interested therein. the bombay high court in the case of laxmanrao kristrao v. provincial government of bombay, air 1950 bombay 334, laid down that a wilful, fraudulent or perverse omission to serve notice under section 9(3) of the act, makes the actions of the collector colourable and mala fide, and would entitle the owner of the land or ..... the making of the award, is without jurisdiction, and the award is accordingly void. reliance was placed on the decision of this court in air 1'956 orissa 114. 4. section 25 of the act runs thus: '(1) when the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded ..... from claiming a compensation higher than that awarded by the collector. in the case of land acquisition collector v. parvati devi, air 1964 him. pra. 32 though it was held that section 9 of the act is mandatory and must be strictly complied with yet in course of the judgment their lordships held that irregular compliance with the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori183
..... jurisdiction to give retrospective effect to the demand from 1953 by virtue of the impugned notifications--from a period when the old rules and old act were alone in force. this matter also may legitimately be canvassed before the central government in revision if the parties are so advised, or before the arbitrator if ..... may be jurisdiction) for this court to exercise its extraordinary jurisdiction even if there is an alternative remedy. as pointed out in (1962) 1 scj 170 : (air 1961 sc 1505), venkateshwaran v. ramchand sobhraj, the question, is not whether the jurisdiction of this court is barred but whether in the peculiar facts and circumstances ..... connection, refer to the observation of the supreme court in purshotam lal dhawan v. diwan chain an, lal, air 1961 sc 1371 where their lordships, while construing similar provisions in, the administration of evacuee property act, held that the revisional jurisdiction was plenary.'15. it was then contended that the remedy provided by section 30 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori185; 30(1964)CLT22
..... on the ground that the decree, as defined in section 2 (g) of the orissa money lenders act, includes both a preliminary and a final decree, and that the calculation of payments till the passing of the final decree on 20-11-1950 is to be taken into consideration to determine whether the final decree is hit by section 10 (1 ..... decided by a previous order. the point raised by mr. s. k. ray also deserves consideration. the matter was fully discussed in sarat chandra deb v. bichitranada sahu, air 1951 orissa 212. there is sharp cleavage of opinion between the judges constitutingthe bench. it was not open to the learned subordinate judge to say that the matter had been ..... for the proposition that under the inherent power of the court, the court can rectify its ownmistake and can recall the order. in keshardeo chamaria v. radha kissen chamaria, air 1953 s. c. 23, their lordships laid down that the court had full powers to correct its own error in exercise of its inherent powers. in the case before .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori234; 1966CriLJ1464
..... the validity of the satisfaction of the authority will have to be considered on the facts of each case.the matter has been forcefully expressed in (1942) 1 all er 373, r. v. home secretary which was noticed by the federal court thus-- the argument ..... and the apprehension felt by the detaining authority. but there can be no doubt as the order is made on 26-2-1950, and it is that order which is put forward in support of the detention of the petitioners, the satisfaction must be ..... detention was necessary to prevent the prejudicial activities likely to be indulged in by the petitioner, there is no question of double detention. air 1964 sc 1123 (1120?). it was urged by mr. palit that the petitioner was a patient in the s. c. b. ..... the detaining authority must be examined by him carefully and bona fide before the satisfaction is reached.(iv) if the detaining authority acts bona fide and in a careful manner, nothing precludes him to pass a fresh order of detention on the pre-existing materials .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR12
..... the petition presented by the petitioner, orissa state financial corporation (hereinafter referred to as the 'corporation') under section 31 of the state financial corporation act, 1951 (in short, the 'act') was not maintainable having been filed beyond the prescribed time.2. the background facts as presented by the petitioner are as follows : on 12 ..... court in gujarat state financial corporation v. natsos ., and ors. : air 1979 sc 1765; 1979 (1) scc 193 ; everest industrial corporation and ors. v. gujarat state financial corporation air 1987 sc 1950 1987 (3) scc 597; and maganlal v. jaiswal industrial, heemach and ors. : air 1989 sc 2113-1989 (4) sc 344. 5. section 32 deals ..... with procedure in respect of an application under section 31. the purpose of enacting sections 31 and 32 of the act is apparently to provide .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR1
..... and other forest produce-transit rules, 1980.(iv) offences under the essential commodities act, 1955 (10 of 1954);(v) the prevention of food adulteration act, 1954 (37 of 1954);(vi) the standard of weights and measures (enforcement) act, 1985 (54 of 1985);(vii) the drugs (control) act, 1950 (26 of 1950);(viii) the motor vehicles act, 1988 (59 of 1988);(ix) all organised offences under the aforesaid ..... acts, orders and rules affecting the pecuniary interests of the state.(d) attempts, abetments and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori117
..... whether the order is prejudicial to the assessee. but in the orissa agricultural income-tax act the provisions of the old indian income-tax act are retained and consequently the decision of the privy council in 'air 1948 p. c. 102 (b)' would apply with full force. 8. i would, therefore, hold that the decision taken by the division bench of ..... this court in 'm.j.c. no. 121 of 1951: air 1952 orissa 281 (a)' regarding the ..... construction of the words 'otherwise prejudicial to him' occurring in sub-section (2) of section 29, orissa agricultural income-tax act, is no longer good .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT397
..... of sub-section (4) of section 3 of the orissa government land settlement act (in short 'the act') as amended by the orissa act 1 of 1991 which came into force on 2.9.1992, is not applicable to the petitioner's case for ..... 3(4) of the act, runs as follows :'3(4) notwithstanding anything to the contrary contained in the preceding subsections or in any law or any custom, practice or usage having the force of law :(a) any khasmahal land or ..... nazul land, except where such land is used as homestead in any urban area, which has been leased out prior to the appointed date, shall whether the lease, where it had already expired, has been renewed or not prior to such date, be deemed to have been leased out under this act ..... said land are not entitled to the settlement of the same in terms of the amended provisions of the orissa act 1 of 1991. in the foregoing paragraphs, this question has already been answered taking into consideration several judicial .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori70
..... explosive fire works and use of loudspeaker from the date of the enactment. the act has been made applicable to the municipalities and the notified areas under the orissa municipal act, 1950 (in short 'municipal act'). section 3 of the said act prescribes the restricted zones and time period for use of loudspeaker and display of explosive ..... of man's environment.8. noise not only causes irritation or annoyance but it does also constrict the arteries and increases the flow of adrenaline and forces the heart to work faster, thereby accelerating the rate of cardiac ailments, the reason being that continuous noise causes an increase in the cholesterol level resulting ..... verb 'pollute,' which according to the random house dictionary of the english language (college edition, 1977) means :'(1) to make foul or unclean, dirty ; to pollute the air with smoke. (2) to make impure or morally unclean, defile, desecrate to soil, defile. synonyms 1. soil, befoul, 2. taint, exam-inable, corrupt, debase.' .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori135
..... accordingly.9. the supreme court reiterated this principle. in a. n. lakhman shenoy v. income-tax officer, ernakulam, air 1958 sc 795 where in determining the meaning of 'assessment' in section 13(1) of the finance act, 1950, the supreme court held that the collocation of the words 'levy, assessment and collection' indicates that what is meant is ..... high court mere continuation of the proceeding for the assessment of the assessee for the years in question which commenced long before the new act came into force as aforesaid and thus governed by the old act of 1922? in other words, the question is whether the reference applications are to be governed by the new ..... april 1962, may be initiated and any such penalty may be imposed under this act; (h) any election or declaration made or option exercised by an assessee under any provision of the repealed act and in force immediately before the commencement of this act shall be deemed to have been an election or declaration made or option exercised .....
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