Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: orissa Page 1 of about 5,347 results (0.098 seconds)

M/S. Reliance Industries Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... matter to industrial tribunal has been treated to be a review petition and the same has been rejected illegally.the learned advocate general appearing on behalf of the state submitted that in terms of section 25-o of the industrial disputes act, 1947, against an order of refusal for grant of permission to close the industry, the petitioner can either seek for a review or pray for referring the matter for adjudication by industrial tribunal. ..... the said application having not been disposed of by the appropriate government, a writ application was filed before this court by the president of the petitioner-industry for quashing the order dated 26.12.2008 in annexure-9 refusing permission to close the industry and also for a direction to the government to make a reference of the matter to the industrial tribunal, bhubaneswar for adjudication. ..... under sub-section (4) of section 25-o of the act, an order of the appropriate government granting or refusing to grant permission shall subject to the provision contained in sub-section (5) of the said section is final and binding on all the parties and shall remain in force for one year from the ..... as it appears from the averments made in the writ application, the petitioner had submitted an application under sub-section (4) of section 25-o of the industrial disputes act, 1947 for permission of intended closure of the petitioner-industry with effect from 6.2.2009 on the grounds mentioned in the petition. .....

Sachalabala Sethy and ors. Vs. Chief Secretary and Chief Development C ...

Court : Orissa

..... any educational, housing, health or slum clearance scheme sponsored by government or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for ..... by in favour collector of idco by collector 188.720 104.878** from the aforesaid table, it would be clear that whereas the land covered under section 4(1) notification dated 11.07.2008 in the four villages was a total of 540 acres, the land covered under section 6(1) notification dated 21.08.2009 was reduced to 280.7 acres. ..... odisha was pleased to dispose of the writ petition on 27.11.2008 with a direction to the petitioners to move a representation before the appropriate authority to ventilate the grievances. ..... notice under section 4(1) of the land acquisition act was thereafter issued by the revenue & disaster management department of the government of odisha on 11.07.2008 for all the land situated in the four villages published in the odisha gazette on 02.08.2008 on the requisition made by the idco a sample copy of which is extracted herein below: 9 orissa gazettee extraordinary published by authority no.1461 cuttack saturday august 2, 2008/sravana 11,1930 revenue & disaster management department notification .....

Guru Prasad Mohanty and anr. and Kailash Sahu Vs. State of Orissa and ...

Court : Orissa

Reported in : AIR2009Ori172; 2009(II)OLR65

..... as the direction issued by the igr is contrary to the statutory provision, this court quashes the impugned orders dated 5.8.2008 and 20.8.2008 and directs the appropriate authority to take steps for fixation of valuation of the land taking into account the orissa stamp rules.the writ petitions ..... instrument has not been rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this act, he shall, before registering such instrument, refer the matter to the collector, with an intimation in writing to the person concerned, for determination of the market value of such property and the proper ..... of bench mark valuation as per the instructions issued by the igr as arbitrary, contrary to the jurisdiction given to the registering authority under section 47a of the indian stamp act which was inserted by the indian stamp (orissa amendment) act, 2008 and the rules thereunder, ab initio void and liable to be quashed.4. ..... act 8 of 2009 amended section 47a of the indian stamp act and the amending act is called indian stamp (orissa amendment) act, 2008. ..... ,:(a) for sub-section (1) the following sub-section shall be substituted, namely:(1) where the registering officer under the registration act, 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the market value of the property which is the subject matter of such .....

Debendranath Barik Vs. Madhu Sudan Padhi and anr.

Court : Orissa

Reported in : (2009)107CALLT306; 2009(1)OLR649

..... by special messenger to show cause as to why appropriate action under the contempt of court's act shall not be taken against them for non-compliance of the order of this court dated 9.9.2008 passed in w.p. ..... 2 and 2, commissioner-cum-secretary in higher education department, orissa and director, higher education, orissa file affidavit by 30.8.2008 indicating therein the date on which the order of the state education tribunal passed in gia. no. ..... accordingly, we hold them guilty under section 12 of the contempt of court's act, for which we are inclined to take a stricter view and impose a fine of rs. ..... show cause affidavit be filed in the meantime.notice was received by both the contemnors on 27.12.2008, as it reveals from the record and the service reports. ..... 87 of 2004 was brought to their notice and action taken thereon.place this matter on 5.9.2008....but no affidavit was filed in pursuance of the aforesaid direction. ..... the cost of special messenger shall be assessed and deposit made by 22.12.2008.put up this matter on 9th january, 2009. ..... 10947/ 2008 on the ground that taking advantage of the flaw in the orissa education act where there is no provision for execution of the order the tribunal, the o.ps. ..... on 22.8.2008, we adjourned the matter to 5.9.2008 and directed opposite parties 1 and 2 to file affidavit by 30.8.2008 indicating the date on which the order of the state education tribunal passed in gia case no. .....

Roland Educational and Charitable Trust Vs. Chief Commissioner of Inco ...

Court : Orissa

Reported in : (2009)221CTR(Ori)88; [2009]309ITR50(Orissa)

..... therefore, it will not be appropriate/permissible to rely on the provisions of any other statute including the limitation act for the purpose of considering the matter relating to condonation ..... is to be examined whether in absence of such a provision any application made under section 10(23c)(vi) beyond the statutory period of limitation can be entertained by the appropriate authority by condoning the delay in presenting such application.7. ..... 15th may, 2008 in writ ..... 15th may, 2008 in writ ..... 15th may, 2008, passed by this court in writ ..... 15th may, 2008 passed in writ ..... 30th may, 2008 refused to entertain and admit the application made under section 10(23c)(vi) on the ground that it was filed beyond the time prescribed under the statute and the statute does not ..... 4514 of 2008 has no application to the present case.therefore, the submission of the learned counsel to issue direction to chief cit to consider his application for condonation of delay does not merit ..... 4514 of 2008, the ratio of decisions of hon'ble supreme court which are applied in this judgment were not brought to the notice ..... 4514 of 2008, m/s padmashree krutartha acharya institute of engineering ..... cce : 2008(129)ecc23 , ..... 4514 of 2008.concluding his argument, he submitted that the petitioner which is a technical educational institution exists solely for the purpose of imparting technical education without motive of profit or gain and therefore the order passed by ..... , 2008 ( ..... : 2008(223)elt337(sc) , goodearth steels (p) ..... : 2008(221 .....

Upendra Jena Vs. Regional Director, Esi Corporation and anr.

Court : Orissa

Reported in : 108(2009)CLT873

..... in this context, it would be appropriate to refer to judgment of hon'ble supreme court in singh enterprisers v. ..... : (2008)3 scc 70, while considering the provisions of central excise act, 1944 the hon'ble apex court held:the provision to sub-section (1) of section 35 makes the position crystal clear that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 ..... commissioner of central excise, kanpur : (2008) 3 scc 77, gopal sardar v. ..... this appeal has been filed under section 82 of the employees' state insurance act,1948 (hereinafter referred to as the 'e.s.i. ..... noida (2008) 3 scc 73, goodearth steels(p) ltd. v. ..... therefore, there is complete exclusion of section 5 of the limitation act. ..... act before it. ..... act does not show any such power is vested in the e.i. ..... act. ..... act. ..... act is not applicable to the present case. ..... act having insurance no. ..... act') challenging the legality of the order dated 4.5.1996 passed by the district judge-cum-emptoyees insurance court, cuttack (hereinafter referred to as the 'e.i. .....

Biranchi Narayan Das and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 108(2009)CLT397

..... in the news paper on 27.2.1993 in which it was inter alia mentioned that any person who is injuriously affected by the above scheme being entitled to claim damages in accordance with section 65 of the orissa development authorities act, 1982 should details of the claim to the valuation officer within 3 months of the date of publication of this notification with supporting documents & evidence. ..... a civil suit is pending over the case land.in view of the above, it may not be appropriate to settle ac.0.410 of land as suggested by the department. ..... thereafter, the director of estates & ex-officio joint secretary to government made a note on 18.4.2008 in respect of the queries of the government & inter alia observed that the file may be submitted to government for orders as to whether the petitioner shall be compensated by allotment of substituted land or in terms of cash ..... the note of the director of estates & ex-officio joint secretary to government dated 4.3.2008 is also liable to be perused which is reproduced as under:the recorded tenants had gifted a total area of ac.2.816 in 3 registered gift deeds which ate narrated ..... the order of the chief minister, the under secretary, housing & urban development department by letter dated 14.8.2008 sought a detailed report on the issue from the planning member, bhubaneswar development authority & the planning member, bhubaneswar development authority by letter dated 17.12.2008 intimated as under:bhubaneswar development authority bhubaneswarno. .....

Smt. Sansari Samal Vs. Smt. Puspalata Parida and anr.

Court : Orissa

Reported in : 107(2009)CLT764

..... 2008 for appropriate ..... further held that the word 'trial' standing by itself is susceptible of both the narrow and the wider senses as indicated above, the question to be considered is, what meaning attaches to it in section 90(2) of the act and to decide that, one must have regard to the context and the setting of the enactment. ..... . procedure before the (civil judge (junior division))-(1) subject to the provisions of this act and the rules made thereunder every election petition shall be tried by the (civil judge (junior division)] as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 (5 of ..... also analyzed the other provisions of the said act and held that the trial for the purpose of different sections in the act would have different meaning as under section 90(2) of the act, the word 'trial' would mean only ..... the supreme court, thereafter, analyzing various provisions of the act, concluded that on interpretation of section 86(4) of the act, it is seen that the said provision must apply to retirement or relinquishment by a member, even before the hearing commences and the expression 'during the course of trial' must, therefore, include the stages ..... the provisions of the indian evidence act, 1872 (1 of 1872) shall, subject to the provisions of this act, apply in the trial of ..... the entire proceedings before the tribunal from the time that the petition is transferred to it under section 86 of the act until the pronouncement of the award. .....

K. Narayan Rao and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 107(2009)CLT638

..... but it is stated by the superintendent of excise that 'as the licensee are carrying on their business in violation of the excise policy as well as the act and the rules and in contravention of their own undertaking, the excise superintendent getting no other alternative issued the show cause notice dated 29.06.2008 under annexure-11 asking to show cause as to why the licenses shall not be cancelled for the violation of the aforesaid rules and policy. ..... the deponent has been approved by the collector, who is the authority under the act to issue license and to take appropriate action in respect of any violation. ..... do hereby delegate to the collector of the district the powers to grant exclusive privilege of selling in retail country liquor under clause (c) of sub-section (i) and foreign liquor under sub-section (1-a) of section 22 of the said act to any person if the bid amount or the negotiated amount, as the case may be, offered by such person is equal to or more than the reserve price of consideration money of the shop.sd/-commissioner-cum-secretary to government. ..... accordingly, she submits that in view of the delegation of power under section 7(2)(e), the powers and function of the state under section 22 of the act has been delegated to the collector and therefore, the collector is the competent authority to deal with the condition of license both for granting it and for its suspension or cancellation. .....

Surendra Kumar Agarwal Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2009(II)OLR407

..... hence a reading of the aforesaid provision makes it clear that no fir can be registered by the police for any offence committed under section 21 of the mmdr act and the said provision does not contemplate investigation in a normal way by the police on the basis of an fir but only on the written complaint to be ..... rule 16 of 2007 rules provides for compounding offence by the competent authority in exercise of power under section 23a of the mmdr act, either before or after the institution of prosecution, on payment of such sum as may be specified, with the approval of the director of mines/ ..... 2 or any other competent authority to initiate appropriate proceeding against the petitioner by way of a complaint in writing made to the concerned court for the ..... state of madhya pradesh : (2004) 2 scc 56, which was a case arising out of the narcotic drugs and psychotropic substances act, 1985, the hon'ble supreme court reiterated the principle that if the thing is required to be done in a particular way, it should be done in that way by strictly complying with the requirement ..... the 2007 rule has been enacted by the state government in exercise of power under section 23c of the mmdr act for prevention of theft, smuggling and illegal mining and to regulate the possession, storage, trading and transportation of ..... 2008, under section 379 ipc and section 21 of the mmdr act, i am of the considered view that the said proceeding is not maintainable in view of the clear provisions contained in the mmdr act .....