Court : Orissa
Reported in : AIR1960Ori183
..... as follows: question no. (i): yes, the minor rabindranath pradhan was only admitted to the benefits of the partnership. question no. (ii) : registration under section 26a income-tax act should be granted to the firm for the assessment years 1952-53 and 1953-54 but should be rejected for the assessment year 1951-52. 12. as the petitioner has ..... to the benefits of this partnership till ho attains majority.' 3. an application was then made for registration of the partnership business under section 26a of the income-tax act. the income-tax officer, rejected the application holding that the minor was made a full-fledged partner and was not merely admitted to the benefits of partnership and consequently ..... deed dated 25-7-1951 and the deed of rectification dated 20-2-1952, for any one or more of assessment years 1950-51, 1952-53 and 1953-54? 5. question no. (i): section 30(1) of the partnership act says that though a minor may not be a partner of a firm, yet with the consent of all the partners, .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT34
..... parties, the main question that needs consideration is as to whether the petitioner was a regular army soldier recruited under the act or was a trainee recruit as claimed by the opposite parties. section 13 of the army act, 1950 prescribes procedures before enrolling officer. section 14 provides for mode of enrolment which contemplates that if ..... termed illegal or arbitrary. the normal rules of procedures, applicable to the soldiers cannot be applied to the recruit trainees as contemplated under the provisions of army act or rules framed thereunder. the discharge order was signed after the petitioner was heard and pursuant to the order of discharge, the movement order in annexure ..... thereon. according to the petitioner, the order of discharge is illegal, arbitrary and has been passed by an authority lacking jurisdiction in terms of the army act.3. the opposite parties have filed a counter affidavit denying the allegations and the claim made in the writ petition. it is the specific stand of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... no. 5647/92, supported by shrimohapatra appearing for the petitioner ino.j.c. no. 6756/92, has been built up basically on what finds place in the preamble of,the act. let us, therefore, read it:-- 'whereas during the last several years corruption was rampant amongst persons holding high political and public offices in the state of orissa ..... in the section, was not held to be meant for one year because of the words 'for the financial year beginning on the first of april, 1950' finding place in the preamble. what was stated by a division bench of four learned judges in r. venkataswami v. narasram naraindas, air 1966 sc 361, is then brought to our ..... had come up for examination in anwar ali's case, was held to be discriminatory, whereas the special courts act had not been. in anwar ali's case, the vires of the west bengal special courts act, 1950 was under consideration, which act had been enacted to provide for speedier trial of certain offences. this was challenged by those accused , whose .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori88
..... will be noticed that the discretion to grant or refuse to grant license, conferred by sub-section (2) of section 5 of the orissa act is controlled by the preamble which says that the act was intended to regulate the exhibition of films.it is well known that the power to regulate does not ordinarily include the power to prohibit. ..... of reasonable restrictions.'in bhatnagars and co. ltd. v. union of india, (s) air 1957 sc 478 it was further pointed out that the preamble and other provisions of the impugned act may be looked into with a view to decide whether the discretion conferred on an authority was unfettered and arbitrary, or was regulated by principles.11. ..... was struck down as unconstitutional. in an earlier decision rashid ahmed v. municipal board kairana, air 1950 sc 163, the provisions of bye-laws 2 and 4 of the municipal board of kariana made under the u.p. municipalities act of 1916, were held to impose an unreasonable restriction inasmuch as they authorised the board to grant .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori260; 18(1952)CLT284
..... that similar powers should be conferred in respect of other essential articles and with this object in view it passed the impugned act which very closely follows the language of the central act. the preamble of the impugned act is as follows : 'whereas it is expedient to provide for the continuance during a limited period of powers to control the ..... 1951 the orissa legislature repealed and re-enacted the provisions of the impugned act by another act known as the orissa essential articles control, and requisitioning (temporary powers) act, 1950 (orissa act xii of 1951) and by section 18 of that act kept alive all orders passed under the 1947 act. as the alleged dates of the commission of the offences in cri ..... it cannot justify holding the impugned order to be ultra vires. as observed by kania c. j. in 'dr. n. b. khare v. state of delhi', 1950 scr p. 519 at p. 526'abuse of power given by law sometimes occurs; but the validity of the law cannot be contested because of such an apprehension.'to a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori96
..... .in prem manjari v. state of bihar, air 1954 pat 550 (d) the construction of section 4(h) which was inserted in the bihar land reforms act, 1950, as amended by bihar act xx of 1954, came up for consideration, and it was held that section 4(h) after the amendment was not an independent provision but was intimately associated ..... section merely says that clause (g) of section 2 of the parent act shall be substituted by a new clause. section 3 has already been quoted. in the preamble it is made clear that it is an amendment to the orissa estate abolition act. doubtless, if this amendment act had stood alone it may not amount to a ''law providing for ..... acquisition of any estate' because there is no specific mention, anywhere in that act, about the acquisition of estates. according to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori35; [1965(10)FLR313]
..... kerala 250 where the maramat (repairs) section of the travancore sebaswom board functioning under the travancore-cochin hindu religious institutions act, 1950 was found to be an industry under section 2(j) of the act. the kerala case is clearly distinguishable from the facts of the present case. originally the maramat department consisting of maistries ..... connected with the seva, puja or management of the temple and its endowments.17. accordingly the special officer appointed under the puri shri jagannath temple act (act 14 of 1952) filed his report in 1954 (published in the orissa gazette under notification d/-. september 6, 1954) containing therein succinctly a brief ..... of sri jagannath temple at puri and its endowments as will appear from the preamble itself of the act. since the passing of the act, shri jagannath temple managing committee which was constituted by the state government under the said act took over management of the temple. the services of the petitioners (except nos. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori122
..... on by - (i) the central government or a state government; (ii) any road transport corporation established under section 3 of the road transport corporation act, 1950 (54 of 1950); (iii) (omitted by act 56 of 1969); (iv) any municipality or any corporation or company owned or controlled by the central government or one or more state governments or by ..... been supplied in cols. 3, 4, 5, 6, 8, 9, 11, 12 and 14 and the actual date of operating the route is stated in the preamble of the notification as 1-3-1978. the particulars regarding maximum and minimum number of vehicles as required by col. 6 of schedule ii of form i is not ..... amounts to violation of article 14 of the constitution. this contention has no substance. there is no provision for grant of inter-district tourist permits under the act and rules framed thereunder. the holders of all india tourist permits and vehicles operating on interstate routes on reciprocal agreement basis are categories which are different class altogether .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT78; (2000)ILLJ467Ori
..... where dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- i) who is subject to the air force act, 1950, or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or ii) who is employed in the police service or as officer or other employee of a prison or iii) ..... the claim of opposite party no. 2 contending, inter alia, that opposite party no. 2 was not a workman as defined under section 2(s) of the act and therefore, the proceeding as laid was not maintainable. they also challenged the claim of subsistence allowance and bonus as detailed in the petition which are at annexures 2 ..... nor paid backwages. this led the opposite party no. 2 to approach the labour court by filing a petition under section 33c(2) of the industrial disputes act (in short 'the act') seeking a direction to his employer to pay subsistence allowance and other allowances as admissible to him. 3. kores india limited through its functionaries, petitioners herein, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori188; [1962]32CompCas908(Orissa)
..... 1) to send a properly stamped transfer deed form as required by sub-section (3) of section 34 of the act. the government of orissa replied on the 17th april, 1950 (annexure, j.) that no stamp duty was payable and in support of this contention they enclosed a copy of letter no. 338-res dated the 19th october, 1949 ..... for nearly three years and ultimately refused to recognise the transmission of shares. the first letter of the government of orissa (annexure h) was written on the 16th march 1950 after the advent of the constitution. i have already shown that apart from the general presumption that every person knows the law of the land especially about far reaching ..... to register the shares. it is thus clear from the correspondence that under some pretext or other, for a period of more than three years (from 16th march 1950 till the 28th may 1953) the government of orissa were fed on hopes that the transmission of shares would be recognised and ultimately they were faced with refusal.if .....
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