Court : Orissa
..... the list prepared by opsc on 27.05.1999. he submitted that clause 10.5 of the 1992 office memorandum provides that in case of initial recruitment through competitive examination, the recommendation of the commission shall remain valid for a period of one year from the date of its approval by the government or till the next ..... to be framed in 1963. the said doctrine has no application in the facts and circumstances of the present case. it is true that 1982 executive instructions have been amended in the year 1998, but then several appointments have been made, such as, director of soil conservation, in accordance with the 1992 office memorandum. since no contrary ..... instructions governing the method of recruitment, conditions of service etc. of soil conservation officers in the state and these would remain binding till these were repealed by an act or rules made under article 309 of the constitution of india or the proviso there to.7. at this juncture, one hemanta kumar das and others, who were .....
Tag this Judgment!Court : Orissa
Reported in : [1972]84ITR351(Orissa)
..... sales tax is not included in the sale price and does not constitute a part of the consideration.11. the definition of 'turnover' prior to its amendment by the orissa sales tax (amendment) act, 1950, (orissa act 24 of 1950), stood thus:' 'turnover' means the aggregate of the amounts of sale prices received and receivable by a dealer in respect of sale ..... or supply of goods or carrying out of any contract, effected or made during a given period.'12. the expression 'and tax, if any' was added by the amendment act of 1950. if turnover means the aggregate of sale prices which includes sales tax within its ambit, the expression 'and tax, if any' is redundant and the legislature ..... made clear by the fact that the registered dealer need not, if he so pleases or chooses, collect the tax from the purchaser and sometimes by reason of competition with other registered dealers he may find it profitable to sell his goods and to retain his old customers even at the sacrifice of the sales tax. this also .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR342
..... irregularly. after considering the relevant rules of the mysore civil services rules/regulations, their lordships held that recruitment to the post of principal could be made by competitive examination or by selection or by promotion. thimmaiah's appointment however was not made by any of'the aforesaid methods nor even by way of transfer. the ..... teachers on ad hoc basis by the government.on 4.10.1992 rule. 4 (which deals with appointment to junior teaching posts) of the 1979 rules was amended by which selection through the selection board was done way with and it was prescribed that selection shall be made through the commission. on 25.1.1983 ..... article 309 of the constitution has been made regularising their services.8. now coming to the validating act, the contention of the private opposite parties is that without amending or removing the lacuna in the 1979 rules, the validating act cannot by mere declaration validate or regularise the ad hoc appointment of forty- nine junior teachers who .....
Tag this Judgment!Court : Orissa
..... state government framed the orissa arbitration tribunal rules, 1979 providing for the constitution of the arbitration tribunal. the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the ..... the claimantcontractor, is wholly unjustified. it would be important to reiterate therein that f-2 contract itself contains the formula and/or methodology for competition of increase or decrease of cost of labour.29. therefore, this court finds no substance on such issues being raised by the state and ..... rank of superintending engineer and; (iii) officer belonging to orissa financial service no.below rank of class-i officer. in pursuance of the aforesaid amendment, the government framed the orissa arbitration tribunal rules 1979, providing for the constitution of the arbitration tribunal, in the manner as provided therein and .....
Tag this Judgment!Court : Orissa
..... state government framed the orissa arbitration tribunal rules, 1979 providing for the constitution of the arbitration tribunal. the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the ..... the claimantcontractor, is wholly unjustified. it would be important to reiterate therein that f-2 contract itself contains the formula and/or methodology for competition of increase or decrease of cost of labour.29. therefore, this court finds no substance on such issues being raised by the state and ..... rank of superintending engineer and; (iii) officer belonging to orissa financial service no.below rank of class-i officer. in pursuance of the aforesaid amendment, the government framed the orissa arbitration tribunal rules 1979, providing for the constitution of the arbitration tribunal, in the manner as provided therein and .....
Tag this Judgment!Court : Orissa
..... board have been framed by the government of orissa in exercise of their powers conferred under section 21 of the orissa secondary education act, 1953 providing therein that no regulation or addition or amendment to or repeal of the regulation made by the board, shall be valid without approval of the state government. it is ..... further stated that opposite parties are estopped under the law from interpreting or interfering with the pension regulation and to act beyond its scope. it is also ..... general and mr.p.k.mohanty, learned sr.advocate for the opposite parties.5) relying on regulations- 21 and 22 of the board of secondary education, orissa (amendment) regulations, 1997, the learned advocate general argues with vehemence that since the school in question, where the petitioner earlier worked is purely a private school and the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori72; 1995(I)OLR50
..... court, in any other case including a case arising out of an original suit or other proceedings instituted before the com-mencement of the code of civil procedure (orissa amendment) act, 1991, may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the case may ..... therefore, the valuation of an execution proceeding can be only the valuation of the suit in which a decree has been passed. section 115, c.p.c. as amended by orissa act 26 of 1991 which came into force on 7-11-1991, the jurisdiction of the high court has been confined to cases arising out of original suit or other ..... is to be valued taking into consideration the direction issued by the executing court for the purpose of jurisdiction.7. section 115 of the code of civil procedure was amended by orissa amendment, 1991 reads as follows: --'115. the high court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT358
..... already paid for the same articles for which sales tax is payable. the section does not contemplate anything, which would indicate in any manner that the provisions of oet act or rule have been taken into consideration while assessing the surcharge. learned counsel for the petitioner, however, expressed his disagreement with the above propositions relying on the provisions ..... be set off, have been provided under the o.e.t. act and rules. the relevant provisions of section 4 of the o.e.t. act (since omitted by orissa act 2 of 2004) and rule 18 of the o.e.t. rules (since omitted by the orissa entry tax (amendment) rules, 2004) were as follows:section 4. reduction in tax ..... liability:(1) where an importer of motor vehicle liable to pay tax under sub-section (3) of section 3 being a dealer in motor vehicles becomes liable to pay tax under the sales tax act by virtue of sale of such motor .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori105
..... societies, has filed a counter affidavit supporting his order. reliance has been placed on the explanation added to sub-section (1-a) of section 28 of the amending act of 1981 where it has been said:--'the date of election of the president shall be deemed to be the date of assumption of office by the committee.'admittedly, ..... had been kept out of office under an order of the registrar staying the operation of the election. the explanation in section 28 (i-a) of the act introduced by amendment refers to normal course of events and; provides the manner of computation of the period with reference to entering into office. to apply the explanation to a ..... the nayagarh co-operative land development bank ltd. has expired in pursuance of section 28 (i-b) of the orissa co-operative societies act. 1962 as amended by section 2 of the orissa co-operative societies (amendment) ordinance, 1981 (orissa ordinance no. 4 of 1981;and, whereas on the expiration of the term of office of the management of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... well as taken together valid, and not open to any constitutional objections. 6. section 168-a and section 177(2) inserted into the madras estates land act by the amending act, orissa act, 19 of 1947, are valid and not open to any constitutional objections. but the question as regards the validity of the actual exercise of the powers ..... last, question that remains to be considered is, that which has been raised with reference to the validity of certain provisions in the madras estates land (orissa) amendment act (orissa act, 19 of 1947), and the validity of certain steps taken by the provincial government in pursuance thereof, in so far as they affect the calculation of gross ..... compensation for the malevaram. it is further pointed out that by virtue of the orissa tenants protection act of the year 1948, which is a temporary act, the land-holder has been deprived of his right to get a competitive contractual rent and the rent payable, has been limited to 2/5ths of the gross produce in such .....
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