Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 15 amendment of section 21 Court: orissa Page 82 of about 984 results (0.137 seconds)

Jholei Baba Agency (Represented by Its Proprietor Bishnu Charan Swain) ...

Court : Orissa

Reported in : AIR2009Ori109; (2009)107CALLT368(NULL)

..... it appears that the performance of the formalities prescribed by a statute has been rendered impossible by circumstances over which the persons interested had no control, like an act of god, the circumstances will be taken as a valid excuse.29. the law is understood to disclaim all intention of compelling to impossibilities and the administration of ..... opposed the petition contending that this court should take into consideration the scheme of the of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter called the 'act, 1993') under which the tribunal has been constituted and as the recovery is to be made in a most expeditious manner, the orders impugned do ..... 6. so far as the issue of filing written statemer this concerned, even in the civil court after amendment of provisions of order 8 rule 1 cpc w.e.f. 1.7.2002, question arose as to whether amended provision providing for 30 days limitation for filing ws was mandatory in nature. the supreme court, while .....

Union of India (Uoi) Vs. Smt. Ahalya Prusti and anr.

Court : Orissa

Reported in : AIR2009Ori68

..... or killed subsequent to that date. it was further held that the expression untoward incident given in section 123(c) of the act must be extended to the accidents occurred prior to the amended act came into force. in the said case the division bench considered the contention of the. appellants that the insertion of sections 123( ..... circumstances of the case the ingredients of section 124-a have been satisfied in this case?3. the railways amendment act, 1994 (act 28 of 1994) provided amendments to section 123 and insertion of a new section 124-a. the amendment received the assent of the president only on 26-4-1994; whereas the accident of this case occurred ..... arrived by discerning the other provisions of the claims tribunal act, which too were amended along with the amendment of the railways act.16. section 13 of the claims tribunal act dealt with jurisdiction of the claims tribunal. sub-section 1(a) has been added to it by the same amendment act which reads as under:1(a) the claims tribunal .....

Ganesh Ram Behera Vs. First Motor Accidents Claims Tribunal and ors.

Court : Orissa

Reported in : II(1995)ACC244; 1995ACJ1085

..... cause from making the application in time. in the present case, admittedly there was delay for 15 days in approaching the court. the provision of section 166 of the act being beneficial one, liberal view should have been taken in considering the prayer for condonation of delay when sufficient cause has been shown in not filing the application in time ..... the petitioner, rejected the petition vide order annexure-5, observing that the delay has not been satisfactorily explained.3. proviso to sub-section (3) of section 166 of the act envisages that claims tribunal may entertain the application after expiry of the period of six months but not later than twelve months, if it is satisfied that the applicant was ..... r.k. dash, j.1. the petitioner's claim application under section 166 of the motor vehicles act, 1988 ('the act', for short) having been rejected by the first motor accidents claims tribunal, sundargarh, opposite party no. 1, on the ground of limitation, he has filed the present writ .....

Poonam Mehta Alias Poonam Prasad Vs. Naresh Prasad

Court : Orissa

Reported in : 2008(II)OLR985

..... court in the parveen mehta case (supra) held as follows:the provision in clause (ia) of section 13(1) which was introduced by the marriage laws (amendment) act 68 of 1976, simply states 'treated the petitioner with cruelty'. the object, it would seem, was to give a definition exclusive or inclusive, which will amply meet ..... every particular act or conduct and not fall in some circumstances. by the amendment the legislature must, therefore, be understood to have jeft to the courts to determine on the facts and circumstances of each case whether ..... household articles. he also did not state about any incident prior to that. miss rath accordingly submitted that in absence of any evidence, the court below acted illegally and with material irregularity in coming to the conclusion that the behaviour of the wife amounted to physical or mental cruelty to the husband. such finding, .....

Upendra Chandra Patnaik Vs. Soubhagini Mohnty

Court : Orissa

Reported in : 107(2009)CLT56; 2009(I)OLR428

..... process of law. but in a fresh suit prayer for recovery of arrear maintenance cannot be entertained. mr. rao then raised a second contention that the court below acted illegally in directing the appellant to pay maintenance to soubhagini retrospectively. he also challenged the quantum of maintenance as high and excessive.14. mr. s.p. misra ..... for maintenance and made an observation that it would be open to wife soubhagini to file a separate suit for that under section 25 of the hindu marriage act. soubhagini thereafter filed aforesaid title suit no. 318 of 1994 seeking a decree for maintenance from upendra, both regular and arrears. in the plaint she averred ..... year 1983 soubhagini filed title suit no. 209/83 before the then subordinate judge (now civil judge, senior division), bhubaneswar under section 13 of the hindu marriage act seeking divorce. during pendency of the suit though the said court had directed payment of interim maintenance of rs. 300.00 to soubhagini, ultimately the suit was .....

Paradeep Phosphates Ltd. Vs. Board of Trustees, Paradeep Port Trust

Court : Orissa

Reported in : AIR2009Ori114

..... of ownership in immovable properties as contemplated under section 54 of the t.p. act and hence does not require registration.we are of the considered view that this issue also does not arises for our consideration in the facts of the present case, ..... between transfer of an existing easement and the creation or grant of a new easement and that it is only where the transfer of an existing easement is the act of the dominant owner and is inseparable from the transfer of the dominant heritage, that requires registration, while the creation of a new easement does not involve transfer ..... the term 'lease' from the term 'licence' in paragraph 7, which is quoted below:7. 'lease' has been defined under section 105 of the transfer of property act, 1882 relevant portion whereof reads thus:section 105. lease defined - a lease of immovable property is a transfer of a right to enjoy such property, made for a certain .....

National Insurance Co. Ltd. Vs. Smt. Kuni Panigrahi and anr.

Court : Orissa

Reported in : [2008(119)FLR953]

..... and it would be liability of the insured employer alone.9. therefore, it is evident that the penalty if imposed in accordance with the provisions of the act after giving opportunity of hearing to the employer would be his personal responsibility and such responsibility cannot be shifted to the insurer. while deciding the case, hon' ..... fastened with the liability of penalty at all. the court came to the conclusion that on a conjoint operation of the relevant schemes of the act and the motor vehicles act, it becomes clear that the insurer shall be liable to make good the principal amount of compensation and the interest thereon if ordered by the ..... appellants no grievance.2. the facts and circumstances giving rise to the case are that a claim petition was filed by the respondents before the commissioner under the act contending that one rajkishore panigrahi, the driver of the bus bearing registration no. osg 6677 met an accident during the course of his employment and received serious .....

Bisra Stone Lime Company Ltd. Vs. Subasini Naik

Court : Orissa

Reported in : 2009(I)OLR250

..... heart attack which resulted from the exertion of the employee in the performance of the duties of his employment, the compensation should be awarded under the w.c. act.23. from the evidence on record, it is abundantly clear that the deceased while on 'b' shift duty as a security guard complained of pain and feeling uncomfortable ..... is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act....18. the question as to whether the nature of employment accelerated or contributed to the cause of death of a deceased workman, was considered in greater detail by ..... shakuntala chandrakant shreshti v. prabhakar maruti garvall and anr. reported in : air2007sc248 , in support of its contention that under section 3(1) of the w.c. act it has to be established that there was some causal connection between the death of the workman and his employment. if the workman dies as natural result of the disease .....

Certificate Officer and anr. Vs. Kasturi Chand Malu and anr.

Court : Orissa

Reported in : (1983)34CTR(All)62; [1984]145ITR598(All)

..... the petitioner. the present petition has been filed challenging the validity of these six rectification notices.' 31. after a perusal of sections 33 and 34 of the i.t. act, 1961, it was held at p. 253 : 'that statute envisages allowance of the development rebate in instalments over a number of years depending on the assessable income of ..... before the certificate officer on various counts, but they were overruled and the properties were threatened to be sold. steps were taken in appeal and revision under the said act, but they proved futile. ultimately the suit was filed. 3. the other defences taken in the suit may not be necessary to be indicated and it may be ..... recovery of arrears of sales tax dues which are being pressed by defendant no. 1 are illegal and not : in conformity with the provisions of the madras revenue recovery act, 1859 and for further relief for permanent injunction. 2. as it appears, the plaintiff, one rama-deen defendant no. 3 and another giridharilal malu, not a party .....

M/S. Shyama Minerals Vs. State of Orissa and Others

Court : Orissa

..... another procedure under annexure-8. the ministry of railways issued another revised procedure/modality order on 21.05.2010 (annexure-9).the chief manager, south eastern railways amended the earlier demand and claimed rs.8,69,61,600/- for stacking charges for the period from 01.03.2010 to 30.04.2010 (excluding the period ..... 2 for storing iron ore under the orissa minerals (prevention of theft, smuggling and illegal mining and regulation of possession, storage, trading & transportation) rules, 2007 (for short, rules, 2007) and was allowed to store iron ore at bansapani plot no.624, khata no.131/167 and the licence was valid till 30.12.2010. the ..... p.c. therefore, the writ petition is not maintainable as disputed questions of fact are involved in this writ petition. since the petitioner has committed unlawful act by dumping the alleged materials in the railway premises without any authority and required permission, the wharfage/stacking charges has been rightly imposed on such illegal stacking/ .....