Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: orissa Page 17 of about 1,085 results (0.200 seconds)

GeomIn Minerals and Marketing (P) Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... that 1962 notifications survived after rule 58 was wiped out from the statute book, it cannot survive after 10.2.1987, when section 17-a of the act came into force, as 1962 notifications have not received the approval of the central government. hence on the day 1991 notification was issued 1962 notifications were not in operation at all ..... of its stand in the case of hingir rampur (supra), m.a. tulloch (supra), baijnath kadio (supra) and the india cement ltd v. state of tamil nadu, air 1990 sc. 85.14.5. before going into the rival contentions made on the applicability of the judgment of amritlal (supra), let us examine whether 1962 notifications issued in ..... 11.5 the state government has also taken the same stand so far as availability of alternative remedy is concerned.11.6 perused the decisions reported in air 1995 sc-333 and air 2008 sc-1840 (supra) and more particularly the observations made in paragraph-6 of the latter judgment, which is not applicable to the facts and circumstances .....

National Aluminium Company Limited and ors. Vs. State of Orissa and or ...

Court : Orissa

Reported in : 2008(1)OLR443; (2008)15VST296(Orissa)

..... to make rules for carrying out the purposes of the bill after enactment.the bill further seeks for abolition of octroi duty levied and collected under the orissa municipal act, 1950 by repealing clause (kk) of sub-section (1) of section 131 thereof.this bill seeks to achieve the above objective.12. now we come to the definition ..... bench article 301 is, therefore, not only an authorization to enact laws for the protection and encouragement of trade and commerce amongst the states but by its own force creates an area of trade free from interference by the state and, therefore, article 301 per se constitutes limitation on the power of the state. article 301 is ..... of 'limitation' embodied in article 301. it is this doctrine of direct and immediate effect which constitutes the basis of the working test propounded vide para 19 (of air) in automobile transport. therefore, whenever the law is impugned as violative of article 301, the courts will have to examine the effect of the operation of the .....

Puri Fish Merchants Association and anr. Vs. Puri Municipal Council an ...

Court : Orissa

Reported in : AIR1988Ori207; 65(1988)CLT179; [1988]70STC65(Orissa)

..... and to no other; and that the legislature did not intend to transgress the limits imposed by the constitution : see in re hindu women's right to property act, 1937, 1941 fcr 12 : (air 1941 fc 72). to interpret the expression 'brought into the city' used in section 126(1) as meaning brought into the city for any purpose and without ..... is not at all violative of articles 301 and 304(b) or its proviso of the constitution. the contention of mr. misra, therefore, must be held to have no force.22. the following facts are not disputed : the town of puri is situate over a vast stretch of land along the bay of bengal and inland to the west. along ..... of this part as it stands concluded by the aforesaid authoritative decision of the supreme court.in the case of automobile transport (rajasthan) ltd. v. state of rajasthan, air 1962 sc 1406, the supreme court was considering a state law of rajasthan imposing certain tax on motor vehicles carrying passengers and goods within or through the state. the court .....

In Re: Reliance Industries Limited and ors. Etc., Etc.

Court : Orissa

Reported in : 2008(I)OLR620; (2008)16VST85(Orissa)

..... ) other local authority by whatever name called, constituted or continued in any law for the time being in force;and includes the area within an industrial township constituted under section 4 of the orissa municipal act, 1950 (orissa act 23 of 1950).20. perusal of definition of 'entry of goods' shows entry of goods into the local area either from ..... the similar tax. at no stage of the long winding proceedings the state has taken this defence. he stated that in kalyani stores v. state of orissa air 1966 sc 1986, the constitution bench of the supreme court held that article 304(a) authorizes the state government to legislate notwithstanding anything in article 301 or 303 ..... propounded in atiabari tea co. ltd v. state of assam : [1961]1scr809 and the working test enunciated in automobile transport (rajasthan) ltd. v. state of rajasthan air 1962 sc 1406 for deciding whether a tax is compensatory or not vide para 19 of the report, will continue to apply and the test of 'some connection' indicated .....

Surendra Dash Vs. Laxmidhar Sahoo and anr.

Court : Orissa

Reported in : 2001(I)OLR65

..... district judge on the allegation that present petitioner has more than two children and as such as disqualified under section 16 (1) (xvii) of the orissa municipal act. the petitioner had filed objection denying the allegation made in the election petition. the district judge (tribunal) has found that the present petitioner had more than two ..... of the entries is also equally without substance. the learned counsel for the petitioner has placed reliance upon section 28 of the births, deaths and marriages registration act, 1886 (6 of 1886) in support of his contention that it is only the prescribed authority, namely the registrar of births and deaths who can correct ..... over-turning such decision. this position is clear in view of several decisions of the supreme court including the decisions reported in air 1964 supreme court 477 (syed yakoob v. k.s. radhakrishnan and others), and air 1989 supreme court, 997 (state of u.p. and ors. v. maharaja dharmander prasad singh etc.).7. though at .....

Snehalata Pradhan Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2009(I)OLR768

..... the relevant parts of the same are reproduced as under.15. procedure for imposing major penalties:1. without prejudice to the provision of the public servants (inquiry) act, 1950, no order imposing on a government servant any of the penalties specified in clauses (vi) to (ix) of rule 13 shall be passed except after an inquiry ..... office shall assess all government dues outstanding against the government servants and effect their recovery in accordance with rule 68 of these rules and any other instruction in force for effecting recovery of government dues.(iv) the family shall apply to the head of office of the government servant, for grant of family pension and ..... all government dues outstanding against the retired employee and effect recovery of the same in accordance with rule 68 of these rules, and any other instructions/orders in force.(d) the family shall apply to the concerned head of office of the retired employee for grant of family pension, retirement gratuity, if any, and arrears of .....

Bhimasen Prusty and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : (1994)78CALLT357; 1994(I)OLR439

..... has to be interpreted that way and held as having not introduced any such discrimination. even so it is to be made clear that since the rules have come into force with effect on 1-9-1988, no arrear payment of pension is permissible but the families of such teachers who are retired prior to 1-9-1988 and have otherwise ..... - time payment, the quantum of it payable by any particular date or revision of it is not retrospectively applicable to the existing pensioners. law has been fully brought out in air 1986 sc 1907 (state government pensioners' association and ors. v. state of andhra pradesh) where their lordships said, after referring to famous nakara's case ..... air 1983 sc 130 (d. s. nakara v. union of india), that since the revised scheme was operative from the date mentioned in-the scheme, i. e. 1-4-1s78, the .....

Rajkumar Lakshminarayan Bhanja Deo Vs. Commissioner of Income-tax, Bih ...

Court : Orissa

Reported in : [1965]58ITR457(Orissa)

..... his legislative powers. but this distinction does not very much help the assessee. in those two cases the indian income-tax act was applied to gwalior (which was a part b state) with effect from 1950, after the constitution came into force; and hence, their lordships had to construe articles 295(1)(b) and 372 of the constitution. here, however, as already pointed ..... to income-tax in its broadest sense prevailing in those parts of india to which the indian income-tax act extended from 1st april, 1950', will apply with full force here.it was then contended relying on section 14(1) of the indian income-tax act that the applicant was a member of a joint family of which the ruler was the karta and .....

Bidyadhar Bhuyan Vs. State of Orissa and ors.

Court : Orissa

Reported in : 1995(II)OLR655

..... schools. these private schools belonged to erstwhile rulers whose states had merged with the state of orissa with effect from 26-1-1950, the date on which the constitution of india came into force. though the said schools were declared to have been converted to government schools in 1964, the supreme court held that the teachers ..... of its operation upon the individuals or groups of individuals in all their dimensions. in support thereof, attention has bean focussed to para 259 of the decision reported in air 1991 sc 101 (delhi transport corporation v. d.t. c. mazdoor congress).28. mr. swamy, learned addl. govt. advocate, has submitted inter alia that ..... the notice of the court that the petitioner's school is an aided educational institution within the meaning and definition of section 3 (b) of the orissa education act, 1969. section 3 (b) envisages inter alia: 'aided educational institution' means a private educational institution which is recognised by and is receiving aid from the state .....

Monahar Naik and anr. Vs. Brajamohan Bhoi and anr.

Court : Orissa

Reported in : AIR1952Ori239; 18(1952)CLT161

..... an occupancy tenant in shambalpur district may by analogy be applied in gangpur state also. in particular he relied on section 46 of the central provinces tenancy act, 1893 which is now in force in shambalpur district and under which there is prohibition (subject to certain exceptions) to the transfer of occupancy holdings. sub-section (1) of section 46 ..... held that good faith does not extend beyond an honest belief in the validity of the transferee's title. this has been followed in 'rama aiyar v. narayanaswami', air 1926 mad 609, where it was reiterated that good faith was consistent with mistaken view of law and some degree of negligence. to similar effect are the observations in ..... indicate want of good faith and in support of this view he relied on 'nanjappa gounden v. peruma gounden', 32 mad 530 and 'hansraj v. mst. somni', air 1922 all 194. those cases are clearly distinguishable. in 32 mad 530, the finding was, that the transferee knew that the legal necessity did not exist or else he .....