Court : Orissa
Reported in : AIR1953Ori171
..... commencement of the impugned act have been made practically non-executable and to that limited extent retrospective operation has been given to the impugned act. in support of this argument reliance was placed on a division bench decision of the calcutta high court reported in -- 'subodh g6pal v, behari lal', air 1951 cal 85 (k ..... high court distinguished the earlier decision and held that the provisions of the west bengal rent control (amendment) act of 1950 which were in terms retrospective in operation and applicable to pending cases were not unreasonable. therefore there is no general rule of law that the provisions of any act which have limited retrospective effect ..... and full enjoyment of leisure and social and cultural opportunities and in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.' the bhag-chasis are undoubtedly agricultural works and on account of the high rate of produce rent which they were required to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori262; 68(1989)CLT606
..... or acquired by gift, purchase or otherwise for local public purposes.(2) the state government may from timeto time by general or special order made inthat behalf exclude from the operation ofthis act or any specified section of this actany of the properties of the nature specifiedin sub-section (1). (3) properties within the grama belonging to, maintained, managed or controlled .....
Tag this Judgment!Court : Orissa
Reported in : 1986(I)OLR34
..... over others. all that it provides is that an individual who is a fisherman by caste or by profession, any group of individuals or a registered co-operative society consisting only of fishermen by caste or profession, landless labourers, marginal tanners, scheduled caste and scheduled tribe persons are entitled to take the water area ..... exceeding 10 years may be granted in favour of an individual who is a fisherman by caste or profession, any group of individuals or a registered co-operative society consisting only of fishermen bycaste or profession, landless labourers, marginal farmers, scheduled caste and scheduled tribe persons, who are desiuous to take pisciculture on modern ..... in that behalf and subject to such conditions, as may be specified therein direct that such property shall be leased out in favour of any registered-co-operative societies by negotiation. the agreement for such lease shall be in form 'f' (3) notwithstanding anything contained in these rules, the water area vested in .....
Tag this Judgment!Court : Orissa
Reported in : (1992)ILLJ397Ori
..... subong tea estate v. outgoing management of subong tea estate (1964-i-llj-333) and parry and co. ltd. v. p.c. lal, judge of the second industrial tribunal, calcutta (1970-ii-llj-429). in the earlier decision, it was held (pp.338-339):'the management can retrench its employees only for proper reasons. it is for the management to ..... but does not include any member of the armed forces of the union.'in 1980 tax lr 283 (cal), commr. of income tax, west bengal-v, calcutta v. mangolia dairy products (india), calcutta, it was held that the fact that a licence is taken or applied for under the factories act is not conclusive to establish that the undertaking concerned is ..... the aid of power, or is ordinarily so carried on, -but does not include a mine subject to the operation of the mines act, 1952 (xxxv of 1952), or a mobile unit belonging to the armed forces of the union, a railway shed or a hotel, restaurant or eating place;explanation - for computing the number of workers for the purposes of .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... , it has not precluded the court from interpreting the provision reasonably and in consonance with justice. for this proposition, he relies on the decisions in madurai district central co-operative bank ltd. v. third income-tax officer : [1975]101itr24(sc) , r.b. jodha mal kuthiala v. commissioner of income-tax : [1971]82itr570(sc) , ..... sc) , union of india v. coromandel prodorite ltd. : 1991(52)elt165(mad) , indian cable company ltd. v. cegat : 1992(57)elt22(cal) , assistant collector v. calcutta chemical company ltd. : 1992(62)elt511(cal) and union of india v. assam timber : 1998(100)elt7(sc) .35. in reply, learned senior standing counsel (c.t.) ..... enforceable until quantification is done by completion of reassessment, as held by the supreme court in kedarnath jute mfg. ltd. v. commissioner of income-tax (central), calcutta [1971] 28 stc 672. similarly, the liability to refund is not enforceable until quantification is made by completion of reassessment. therefore, it is submitted that any .....
Tag this Judgment!