Court : Orissa
Reported in : 2012AIR(Ori)38
..... and 1457 of 2008, disposed of on 10-2-2011, this court has referred to the various provisions of the railways act, 1989 and relied upon the decision of the apex court and other high court, one such decision is, n.k.v ..... paid the compensation as per the provision of railway act read with the railway accidents and untoward incidents (compensation) rules, 1990; (ii) there is no limitation prescribed under the constitution of india to exercise this courts discretionary and judicial review power when it feels great injustice is caused to the petitioners as their fundamental rights are flagrantly violated on account of negligence on the part of the railway administration in not providing check gate and posting ..... as can be seen from the provisions of section 18 of the railway act, 1989, the railway administration has the statutory obligation to provide sufficient safeguards to the level crossing by putting railway check gate and keeping it closed at the time when train is due to pass at the ..... of bihar and another, air 1983 sc 1086 wherein the apex court has observed that in appropriate cases, the court discharging constitutional duties can pass orders for payment of money in the nature ..... the railways accident which have been taken place and in the instance case on account of not providing manned railway gate and posting of guard, the railway accident took place on 13-8-2006. ..... case no.12/2006 was registered and report was submitted ..... case no.12/2006 was registered and report was submitted .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori118
..... the indian post office act was passed by the same legislature in 1898 (eight years later) and if the intention of the legislature was that there was contractual relationship between the postal department on the one hand and the person who transmits a package by post, on the other, they would surely have inserted an appropriate provision on the lines of section 72 of the indian railways act. ..... once it is held that there is no contractual obligation between the post office and the sender, the appropriate article of the limitation act applicable to the present case would perhaps be the latter part of article 65 of the first schedule which refers to compensation on the happening of a specified contingency ..... instant case, however, we are concerned with the jural relationship between the sender of the insured packet and the postal department, and this is governed by section 33 read with section 6 of the indian post office act, in the absence of any authority to the contrary, i see no reason why the principles laid down in english law should not be applied here--see in this connection the observation of dhawan, j. ..... it will also be useful at this stage to compare the corresponding provisions of the indian railways act, 1890. ..... while passing that act the legislature took the special precaution of expressly saying in section 72 (prior to the amendment of 1961) that the responsibility of the railway was to certain conditions, that of a bailee under sections 152 and 161 of the indian contract act. .....
Tag this Judgment!Court : Orissa
Reported in : 2009ACJ1837; 2007(II)OLR728
..... and to recover the same by treating the amount of damages as arrear of land revenue, under the orissa public demand recovery act; and (ii) to bring in appropriate provisions in the orissa education act and/or the rules made thereunder so that the acts of the students involved in road blocks and responsible for causing damage to the public and private properties are reflected in their ..... our constitution, though under article 19 thereof citizens have a right to use the highway for procession, which can be reasonably restricted by regulatory measure under the police act, the said right cannot extend to a point where the persons so gathered can prevent others from using the highway for passing and re-passing and they cannot in ..... jajpur to take steps for removal of the blockage on the national highway and as, the agitation was led by political leaders who were instigating the agitators to protest by acts of violence and as an unfortunate incident of firing had already taken place, the police and district administration were maintaining utmost restraint and were trying to sort out the problem ..... arise, the control and prevention of which was within the domain of the administration, the district administration would be at liberty to take appropriate remedial measures under various provisions of the code of criminal procedure and the provisions of any other relevant law, since in our view, as already expressed by us in the order dated 11.10.2006, blockage of highways, railway lines, etc. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori8
..... any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the a appropriation act contemplated under article 204 and also to any grant for meeting any unexpected demand upon the resources of the state when on account of the magnitude or the indefinite character of the service the demand cannot ..... article 204 provides that as soon as may be after the grants under article 203 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meet (a) the grants so made by the assembly; and (b) the expenditure charged on the consolidated fund of ..... of the kerala high court rejected this contention making the observation--'even if the distress relief fund is a fund constituted out of taxes collected by the government and even if a 'specific appropriation' therefrom is possible, still there is the further question whetherthere is any promotion or maintenance of a particuar religion or religious denomination in this case. ..... a secular administration of the religious institutions that the legislature seeks to control and the object, as enunciated 'n the act, is to ensure that the endowments attached to the religious institutions are properly administered and their income is duly appropriated for the purposes for which they were founded or exist. .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori
..... , (14 of 1947) is the central government;ii) in relation to any other establishment, the government of the state in which that other establishment is situate.under section 2(a), of the industrial disputes act 'appropriate government' means:in relation to any industrial dispute concerning any industry carried on by or under the authority of central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute concerning xxx xxx xxx a mine, an oilfield, a cantonment ..... of that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nominee, or (ii) any industry is carried on (a) by or under the authority of the central government, or (b) by railway company; or (c) by specified controlled industry, then the central government will be appropriate government otherwise in relation to any other establishment, the government of the state in which that other establishment is situated, will .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
..... : (i) clause 3 of the central order and any general permit issued under that order will apply only in those cases where the transport of the cloth by rail is through an agency other than the railway passenger himself, (ii) clause 3 (a) of the impugned notification however applies to the transport of cloth by rail by the passenger himself: (iii) there is thus no conflict between the impugned notification and the ..... ), dated 6th march 1946 is not complete until after the articles are moved out of the province ; (2) that where a person with a railway passenger ticket to a place beyond the province carries with him some luggage without a luggage ticket to indicate that the luggage was also being carried to a place outside the province ..... but it appears to me that while the word 'transport' may not necessarily bear the same connotation as 'export' if the relevant notification intended to prohibit the very act of carrying the articles (provided of course that the intention was to carry it out of the province), then it should have been expected that the word 'carries' or some ..... chatterjee, however, urged that (i) the sanction of the appropriate authority was necessary under clause 10 of the central order and (ii) the facts proved in the case merely show that there was a preparation and not an attempt to ..... he further held that the previous sanction of the appropriate authority as provided by clause 10 of the central order, was necessary before starting prosecution and that in the absence .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT710
..... parties are not entitled to collect entry tax in respect of the properties of the petitioners entering the local areas of the state of orissa as prohibited under the provisions of the constitution of india as well as the railways act, 1989 and to refund the entry tax collected by the opposite parties and paid by the petitioners under protest.learned counsel for the petitioners, apart from taking the aforesaid grounds, drew our attention ..... ) 7 scc 542, holding that the demand of service charges made by the municipality from the union of india was ultra vires of the power of the municipality as the railway was protected under section 184 of the railways act and article 285 of the constitution, is of no help to the railway because the tax levied in the present case is not by the local authority but by the state and is an indirect tax in which the taxable event is on the ..... the petitioners, entry tax is in aid of the funds of local authority and it is only an extension of the octroi tax for which the bar in section 184 of the railways act is total because the railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the central govt. ..... (annexure-3) and further to issue an appropriate writ or direction declaring that the petitioner-railways are not exigible to entry tax as is being levied by the opposite parties and further to direct the opposite parties to refund the tax collected by them and paid by the petitioners under protest.the .....
Tag this Judgment!Court : Orissa
Reported in : [1973]32STC487(Orissa)
..... of the year, this would give a clear picture of the financial results under the scheme from which it will be easier to know whether the amount received from the railways as overhead charges fully covers such expenditure and the state government are not called upon to sustain any financial loss in this regard....annual conferences were being held from year to ..... court, namely:whether, on the facts and in the circumstances of case, it is correct for the tribunal to hold that the assessee does not become a 'dealer' under the central sales tax act ?in the remaining cases, over and above the aforesaid question, one more question has been referred, namely :whether, in the facts and circumstances of the case, the tribunal is right in holding that ..... of the state of orissa within their respective jurisdictions were allowed to obtain sleepers from contractors within their respective areas, pay for them on behalf of the railways from out of the advances received and supply the same in turn to the railway administration.the divisional forest officers of karanjia, keonjhar and the district forest officer of balliguda were held to be dealers carrying on business of buying and selling ..... central sales tax act (hereinafter called the central act) in respect of the sales made by the forest officers to the railway administration.we are told by counsel appearing in these cases that the assessment under the orissa act is not in ..... we think it appropriate to confine our consideration to the question of the .....
Tag this Judgment!Court : Orissa
Reported in : [1976]37STC392(Orissa)
..... when, admittedly, the assessee purchased timbers and in its saw mill converted them into planks, railway sleepers, rafters, beams, ribs and sized timber, obviously the timbers have undergone a process of manufacture in which they have lost their quality of being called as ..... he conceded further fairly that there has been violation in respect of some of the items like railway sleepers but contended that there has been no contravention in respect of other items, namely, planks, rafters and beams, ..... of tax by furnishing declarations under rule27(2) of the orissa sales tax rules, 1947 (hereinafter referred to as the rules), and resold the same after converting the same into different shapes such as planks, rafters, railway sleepers, beams, ribs and other sized timbers by processing the same in its saw mill. ..... would not be appropriate to invoke the definition given in any other act for any such expression ..... the aforesaid analysis, we would hold that beams, rafters, planks and railway sleepers are not timbers, though they are made of wood. ..... beams, rafters and railway sleepers and planks have all different utilities and are used for ..... customer who wants a timber and goes to the market for such purpose will not be satisfied if a beam or a rafter or a railway sleeper is offered to him. ..... the authority to purchase only timber free from sales tax, the same being intended for resale by him in orissa, the assessee has violated the conditions by converting the same into planks, railway sleepers, etc. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori123; 74(1992)CLT772; 1993(I)OLR273
..... unnecessary for their lordships to point out the necessity there is when power is given to a public officer to sell the property of any of her majesty's subjects that the forms required by the act which are matters of substance should be complied with, and that if the certificate is to have the extraordinary effect of a decree against the persons named in it as debtors, and to have the effect ..... of binding their immovable property, at least, it should be in a form such as provided by the act which enables any person who reads it to see who the judgment-creditor is, what is the sum for which the judgment is given and that those particulars should be certified by the hand of the ..... let the records be now placed before the appropriate division bench to dispose of the petition by ..... general manager, southern railway, air 1976 sc 2538, in paragraph 5 of which the filing of the suit against the railway administration for realising a sum of money by impleading the general manager of the railway as a party was held to be not maintainable, ..... railway, air 1977 sc 1701 : (1977 lab ic 1546) in which also it was observed that the proper person to be impleaded as an opposite party in a writ petition filed to challenge an order of removal from the service of the union (the petitioner being an employee of the northern railway) was the union of india and not the general manager or any other authority of the railway .....
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