Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: orissa Page 7 of about 1,232 results (0.061 seconds)

Saroj Kumar Jena Vs. State of Orissa and Others

Court : Orissa

..... works having both legal competency and expertise in civil, public health and electrical engineering works need put tenders for this composite work and the documentary evidence under appropriate act in support of their legal competency and expertise to execute civil, electrical and p.h. ..... companies or individuals registered with state government and contractors equivalent grade/class registered with central government/mes/railways having registration for civil, electrical and p.h. ..... reliance has been placed on section 14 of the partnership act to argue that the property belonging to a person in absence of a contract to the contrary does not, on the person entering into a partnership with others become the property of the partnership merely because it is used for the business ..... similarly, a company 6 incorporated under the companies act having past experience may undergo reorganization as a result of merger or amalgamation with another company which may have no such past experience and the tender is submitted in the name of the reorganized ..... section 14 of the partnership act reads as follows: 14 ..... of india and others (supra) and the present case is that in the reported case joint stock companies formed a joint venture, to which the partnership act is no.applicable; whereas in the present case opposite party no.5 is a partnership firm, which is guided under the partnership act. ..... specific case of the opposite party no.5 is that it is a partnership firm registered under the partnership act. .....

Commissioner of Hindu Religious Endowments Vs. Batsa Patra and ors.

Court : Orissa

Reported in : AIR1952Ori152

..... by, nor be subject to the confirmation of the government or any publicofficer, the local government shall, as soon as possible after the passing of this act, transfer to such trustee, manager or superintendent, all the landed or other property which, at the time of the passing of this act, shall be under the superintendence or in the possession of the board of revenue, or any local agent, and belonging to such mosque, temple or ..... by grantor, is consistent with usage of equal validity of the guardianship vesting in a merited trustee other than the founder so long as the trustee consumates the gift by its appropriation for the benefit of the grantee and secures the intended merit for the grantor. ..... ' -- in the case of every mosque, temple or other religious establishment to which the provisions of either of the regulations specified in the preamble to this act are applicable, and nomination of the trustee, manager or superintendent thereof at the time of the passing of this act, is vested in, or may be exercised by, the government or any public officer, or in which the nomination of such trustee, manager or superintendent shall be subject to the confirmation of the ..... board of revenue, and the local agents, in respect to such mosque, temple or other religious establishment, and to all land and other property so transferred, except as regards acts done and liabilities incurred by the said board of revenue or any local agent, previous to such transfer, shall cease and determine.18. .....

Mrutunjaya Nayak Vs. State of Orissa and ors.

Court : Orissa

Reported in : 106(2008)CLT857

..... the court observed as under:if the appropriate government enacting a law providing for reservation without keeping in mind the parameters in article 16(4) and article 335 then this court will certainly set aside and strike down such legislation....it is for the state ..... : air2007sc71 , examined the validity of the constitution (seventy seventh amendment) act, 1995; the constitution (eighty first amendment) act 2000; the constitution (eighty second amendment) act, 2000; and the constitution (eighty fifth amendment) act, 2001, providing for reservation to scheduled castes in promotions, which also provided for relaxation of qualifying marks etc. ..... (vide akhil bharatiya soshit karamchari sangh (railway) v. .....

ZahiruddIn Muhommed Vs. M. Subba Rao

Court : Orissa

Reported in : AIR1954Ori130

..... any other debt, he (the creditor) has got to prove it to the satisfaction of the court that that there was a lawful debt actually due and payable to him from the debtor and that he had appropriated the game in discharge of the said debt.in this view of the matter it was incumbent upon the present plaintiff to have proved in court that his fees in respect of any litigation of the defendant was due as against ..... in such a case, in my opinion, it is for the creditor to prove the existence of his other legal dues towards which he had made the appropriation as alleged and failing which the sums admitted to have been received would be applied towards satisfaction or part satisfaction, as the case may be, of the dues, in suit.6. mr. ..... but that apart the above finding of the courts below can, at the worst for the debtor,, take the case out of the provisions of section 59 of the act and may bring it within the language of section 66 of the act which runs as follows:'where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt ..... in my opinion, this being purely a question of appropriation as provided under sections 59, 60 and 61, contract act, the question of set off does not arise in view of the admission of the plaintiff that in fact he had received the said sums on behalf of the defendant and had appropriated the same towards his other legal dues. .....

Danardan Mohapatra and Others Vs. Pitambar Jena and Others

Court : Orissa

..... , from generation to generation, have been performing seva puja of the suit deity and managing its affairs, which includes appropriation of the usufructs of the landed properties recorded in the name of the deity and managing the periodical festivals, such ..... court finding that the learned lower appellate court has rightly reversed the findings of the learned additional assistant commissioner of endowments in the proceeding under section 41 of the act, confirms the same with the above observation with regard to the hereditary sevayat right of the successors of late ananta mohapatra, who was originally inducted by the founder ..... of the trust board for management of the suit deity, which he came to kno.during filing of the application under section 41 of the act, when he found that the lands in question have been recorded in the name of the deity marfat the non-hereditary trust board.11. ..... taking into consideration the law as has been developed with regard to adjudicating a claim of hereditary trusteeship under the act, it is clear that the decision as to whether a person is a hereditary trustee of a public religious endowment, which includes math and temple, will depend upon the facts of each case ..... the evidence as adduced by the parties, as earlier stated, it is clear that the appellant no.1, who was one of the applicants in the proceeding under section 41 of the act and examined himself as p.w.3, has categorically admitted that the suit deity was installed by one katu pradhan. .....

Essel Mining and Industries Limited and anr. Vs. Union of India (Uoi) ...

Court : Orissa

Reported in : 87(1999)CLT471; (1999)IILLJ316Ori

..... review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary;provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing ..... manner hereinafter provided-(a) fix the minimum rates of wages payable to employees employed in an employment specified in part i or part ii of the schedule and in an employment added to either part by notification under section 27;provided that the appropriate government may, in respect of employees employed in an employment specified in part ii of the schedule, instead of fixing minimum rates of wages under this clause for the whole state, fix such rates for a part of the state or ..... open cast workings;(v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;(vi) all adits, levels, planes, machinery, works, railways, tramways and siding, in or adjacent to and belonging to a mine;(vii) all workshops situated within the precincts of a mine and under the same management and used solely for purposes connected with that mine or ..... that the provisions of section 3(3)(iv) of the act do not confer arbitrary or uncontrolled power on the appropriate government. .....

Kedar Das Vs. Life Insurance Corporation of India and anr.

Court : Orissa

Reported in : (1999)ILLJ464Ori

..... as it was done in the case of trikha ram (supra).from the aforesaid observations of the supreme court in challappan (supra) and bakshi ram (supra), it is crystal clear that the declaration made in section 12 of the act that a person found guilty of an offence and dealt with under the provisions of section 3 or 4 shall not suffer disqualification, if any, attached to the convict of an offence under such law means that if disqualification flowing ..... the disciplinary authority is, thus, within its jurisdiction to pass appropriate order as envisaged under sub-regulation (4) of regulation 39 after the petitioner submits his cause to the impugned charge-sheet-cum ..... within the time as stipulated, the disciplinary authority will consider the same and pass appropriate order according to law.11. ..... probation is in substitution of sentencing him to any punishment and the misconduct resulting in conviction has to be treated to be a conclusive proof and the same has to be dealt with appropriately in the departmental proceeding. ..... as appropriate decision is to be taken by the disciplinary authority, any observation made by us may ..... person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.the scope of section 12 of the act along with sections 4 and 9 thereof came up for discussion, before the supreme court in divisional personnel officer, southern railway v. t.s. .....

Ferro Alloys Corporation Ltd. and anr. Vs. Union of India (Uoi), Throu ...

Court : Orissa

Reported in : 1999(I)OLR349

..... as though they were part of an act of parliament and applying the rules of interpretation appropriate thereto. ..... as blackstohe put it : 'an estoppel happens where a man hath done some act or executed some deed which estoppes or precludes him from averring anything to the contrary'. ..... british railways board : (1972) 2 wlr 537 lord morris said :'there is always peril in treating the words of a speech or judgment, as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of ..... as if it were an act of parliament'. .....

Antaryami @ Antarjyami Patra and ors. Vs. State

Court : Orissa

Reported in : 1985(II)OLR445

..... abdul razak under section 302 of the code, it would be legal and appropriate, in the circumstances of the case, to convict them under section 302 read with section 34 of the code, as rightly submitted by the learned standing counsel.21. ..... an order of conviction can, in appropriate cases, be legally based only on the retracted judicial confession of an accused, but practice and prudence require that a retracted confession, in order to be acted upon, should receive general corroboration.17. ..... abdul razak started running sway from the railway track at bhadtak when he was chased and there was a tussle with the chasing party, the other appellant, namely, sk. ..... it is thus found that the confessional statements made by the two appellants have received sufficient general corroboration in order to be acted upon and made the foundation of an order of conviction.19. ..... in such circumstances it is natural to infer that the accused makat, niranjan dehury and niranjan rai das, razak, reheman and 2 others had formed an unlawful assembly to commit an illegal act namely to escape from the lawful confinement. ..... from the acts of the two appellants and their companions as indicated above and their conduct preceding, attending and subsequent to the occurrence, it would be clear that the two appellants and their companions had shared the common ..... in order to act upon the retracted confessional statements, such statements must be shown to be voluntary and true. .....

Sindhu Mohanty and anr. Vs. Gourkrushna Mohanty and anr.

Court : Orissa

Reported in : AIR1976Ori213

..... though the insurer wanted to maintain that the contributory negligence was alone of the cyclist, we think, on the evidence indicated above, it is appropriate to hold that both the driver of the vehicle as also the victim cyclist contributed to the making of the incident. ..... the bus was coming from the opposite direction on its appropriate side and was being driven at a slow speed and horn was being blown. ..... taking into account the normal factors which are taken into consideration for computing damages and keeping in view the fact that the deceased contributed to the incident by his own negligence, we think it appropriate to fix the damages at a net amount of rs. ..... a claim was laid for compensation under the provisions of chapter viii of the motor vehicles act of 1939 by the parents impleading the owner of the bus and the insurer of the vehicle and a sum of rs. ..... they alleged that the deceased was moving on the appropriate side of the road. ..... on the evidence, we think, that is the appropriate conclusion to reach. ..... , we would hold that the driver of the bus also contributed by his negligence to the incident and if hehad acted carefully, the collision could have been avoided. ..... under the provisions of the motor vehicles act, the insurer will be liable to the tune of the said amount.10. ..... british columbia electric railway co. ..... the appellants had appealed to this court under section 110-d of the motor vehicles act and our learned brother panda, j. .....