Court : Orissa
Decided on : Sep-23-1994
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
Decided on : Jul-21-1994
Reported in : 1995CriLJ174; 1994(II)OLR430
..... been defined in the explanation for the purpose of section 498a. sub- stantive section 498a, ipc and presumptive section 113a of the act have been inserted in the respective statutes by criminal law (second amendment) act, 1983. it is to be noted that sections 304b and 498a ipc cannot be held to be mutually exclusive. these provisions deal ..... out to the woman soon before her death.section 113b of the indian evidence act, 1872 (in short, the 'act') is also relevant for the case at hand. both sections 304b, ipc and section 113b of the act were inserted by the dowry prohibition (amendment) act 43 of t986 with a view to combat the increasing menace of dowry deaths. ..... bring it within the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113b of the act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1994
Reported in : 1995(50)ECC98; 1995(I)OLR60
..... the term processing is considered to be 'manufacture. on 26-3-1994 the finance department in exercise of the powers conferred by section 6 of the act amended the declaration form i-b retrospectively with effect from 1-4-1986 and introduced in it the term manufacturing/processing industries. from these steps of the state ..... issued to the petitioners for reopening the assessments and so also cause notices have been issued asking as to why the registration certificates under the act should not be amended as conversion of paper into exercise book does not amount to manufacturing. the petitioners submitted reply but the sto deleted the word 'manufacturing' from ..... how that consideration will determine the question about the retrospectivity of the definition clause. it may be mentioned th3t the circumstances in which form l-b was amended retrospectively have also not been explained by the state.13. in the ultimate analysis, we conclude that savitri industries case does not lay down the correct .....
Tag this Judgment!Court : Orissa
Decided on : Dec-08-1994
Reported in : 1995(2)ALT(Cri)21; 1995(I)OLR390
..... . at this juncture it is necessary to have a look at order 6, rule 15 of the. code of civil procedure, 1 03. (in short, cpc). the cpc amendment act of 1976 substituted new rule 16 in place of old one vide fifty fifty report of the law commission of india (at page 123.) the word 'male' was recommended to ..... was valid service of summons. it is submitted that the expression . 'adult male member' also includes a female by application of section 13 of the general clauses act, 1897 (in short, the 'general act').4. i shall first deal with the question of service of summons. section 64 of the code is relevant in this regard. it reads as follows ;'64 ..... summons on their behalf which she refused to accept. the question is whether by application of section 13 of the general clauses act offer of summons to a female is permissible sec 13 provides that in all central acts and regulations. unless there is anything repugnant in the subject or context. words importing the masculine gender shall be taken to .....
Tag this Judgment!Court : Orissa
Decided on : Feb-09-1994
Reported in : 78(1994)CLT414; 1994(I)OLR485
..... of an acre of land which is being utilised or can be utilised for purposes of homestead' added. the provision of section 7 (2) has since been amended again by act 10 of 1988 providing that the tahasildar may, instead of evicting such person from the land in his unauthorised occupation, settle the same with him so however that ..... the orissa prevention of land encroachment ast originally made provision in section 7(2) not to procced for eviction if the encroachment is unobjectionable. that provision was amended and substituted by act 4 of 1975 providing that notwithstanding anything contained in sub-section (1), where any land is in the unauthorised occupation of a person who does not own ..... with him in common mess, shall on no account exceed two acres. the extent of the area which would disentitle a person.to settlement was amended by act 25 of 1979 as being one standard acre. by act 13 of 1982, after the words 'one standard acre occurring in sub- sec. (2) of section 7, the words 'and shall .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1994
Reported in : 1995(II)OLR361
..... contractor. he had participated in an auction, which was held for the financial year 1967-68. the auction was in terms of punjab liquor licence rules, 1956 as amended by the excise and tax commissioner, haryana. relevant parts of rule 36 are quoted below :' 36(1) subject to such changes as the financial commissioner may make ..... xx xx. in bimal chandra banerjee's case (supra) a levy of excise duty on updrawn liquor was imposed in terms by the state government by a notification amending the rules and by an alteration in the conditions of the licence. it was provided that certain minimum quantity of liquor would have to be withdrawn by each ..... relating to the excise revenue.9. in exercise of the powers conferred under section 89 of the act, the state government have framed the orissa excise (exclusive privilege) rules, 1970, hereinafter referred to as 'the rule'. these rules were amended by the state government by notification dated 2-3-1989 published in the orissa gazette (extraordinary) dated .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : AIR1994Ori258; 1995(I)OLR544
..... 1676 examining the scheme of taxation and taking note of the fact as to how the annual value of land is determined, more particularly section 7(3) of the amended act of 1989, the apex court held that it was apparently intended to regulate the cess on coal in respect of which the pit's mouth value had been determinedand it ..... held for carrying on mining operation were not exempted from the levy of cess. section 5 of the act which dealt with the rate of cess, assessment thereof and fixation of cess-year was amended from time to time and by virtue of amendment act 17 of 1989, it was provided that in case of land held for carrying on mining operations in ..... before the supreme court in m/s. orissa cement ltd. etc. v. state of orissa, air 1991 sc 1676. the orissa cess act (orissa act 2 of 1962) was amended by orissa act 42 of 1976. the act was enacted for the purpose of simplifying the existing law by consolidating different enactments, customs and usages relating to levy of cess in the state .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1994
Reported in : AIR1995Ori114; 1995(I)OLR1
..... 17a in list iii of the seventh schedule to the constitution. it may incidentally be mentioned that this entry has been transferred from list ii by the constitution (42nd amendment) act, 1976. the entry reads as follows:-'17a. forests.'the contention is that this is essentially a legislation on entry 'industry' in list i and, therefore, the ..... the court, howsoever strong, must yield to the language and it is court's duty to give effect to the inevitable result and leave it to the legislature to amend or alter the law.11. there is a distinction between proviso, exception, provision, saving clause, non-obstante clause, explanation etc. the better rule appears to be ..... were found inadequate to prevent this menace and hence a more stringent measure has been introduced. it is the orissa saw mills and saw pits (control) act, 1991 (the act). the act is intended to create a total bar against establishing or operating any saw mill or saw pit within a reserved forest, protected forest, or any forest area .....
Tag this Judgment!Court : Orissa
Decided on : May-03-1994
Reported in : AIR1994Ori301; [1999]96CompCas49(Orissa)
..... of oppression and mismanagement respectively.18. the words 'in a manner prejudicial to public interest' were introduced in sections 397, 398 and 408, by the companies (amendment) act (53 of 1963), in order that the court or the central government may have jurisdiction to interfere in cases where even though there may be no prejudice to ..... think it necessary to examine the question whether there was any allegation of oppression to the minority group and what would be effect thereof in view of the amendment act. correctness of this conclusion is no more available to be examined by us in view of withdrawal of the appeal by murty in aho no. 57 of ..... state and idc that relief in case of oppression or mismanagement can only be considered by the company law board instead of by this court by virtue of the amendment act. with reference to section 391, learned company judge observed that said section uses the expression 'compromise' and 'arrangement'. the expression 'arrangement' in terms of section .....
Tag this Judgment!Court : Orissa
Decided on : May-06-1994
Reported in : 1994(II)OLR48
..... that in law the approval could not have been granted in terms of the government notification. eeven apart from sec, 22 of the orissa general clauses act on which the learned addl, governmant advocate places reliance, when an authority accords approval on incorrect or insufficient datas and later on the correct informations are ..... who is the approving authority any power to withdraw the approval once granted , learned additional government advocate relies upon section 22 of the orissa general clauses act and contends that rule 213 having conferred a power on the district panchayat officer to approve an appointment, necessarily confers the power to withdraw the said approval ..... that if by an orissa act, a power to make or issue notifications, orders, schemes, rules, bye laws or forms is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions, if any, to add to, amend, vary or rescind any notifications, orders, schemes, rules, .....
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