Court : Orissa
Decided on : Feb-23-1995
Reported in : 1995(I)OLR567
..... association case (73 stc 370), rajasthan sales tax (amendment) act, 1990 (3/90) was enacted whereby some minor changes were made in the definition of 'sale' contained in clause (o) and the last provision, which was inserted ..... to define 'works contract'. section (3) was added in section 5 and sub-section (2-c) was inserted in section 7. by such rajasthan sales tax (second amendment) act, 1988 (13 of 1988), the definition of 'works contract' contained in clause (u) of section 2 was substituted. after the decision of the supreme court in builders ..... in goods (whether as goods or in some other form) made in the course of execution of a contract or works contract. by rajasthan sales tax (amendment) act, 1983 (9 of 1988), certain further amendments were made in the definition of 'sale' contained in clause (o) and definition of 'turnover' contained in clause (t) of section 2. clause .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1995
Reported in : 81(1996)CLT487; 1996(I)OLR152
..... jena v director of secondary education, orissa, bhubaneswar and ors.). in this case section 2 (b) of the orissa education act, 1969, section 10-a of the same act and article 287 (28) (as amended by regulation 34) regarding discharge of permanent teacher of a private school procedures were considered. by making proper construction of section ..... is enacted for ameliorating the conditions of the workers and therefore conditions of service prescribed thereunder must receive such interpretation as to advance the intendment underlying the act and defeat the mischief.18. we have noted the other decisions cited by the bar reported in 1993 (ii) olr 277 (madhab chandra misra and ..... 2 (b) of the orissa education act. 1969 it was found that the school was a private educational institution managed .....
Tag this Judgment!Court : Orissa
Decided on : Mar-06-1995
Reported in : 1995CriLJ2417
..... disproportionate to his known sources of income. clause (e) of sub-section (1), of section 5, of the prevention of corruption act, 1939 (referred to as 'old act'). but there has been drastical amendments. under the new clause, the earlier concept of 'known sources of income' has undergone a radical change. as per the explanation ..... progress, but a big chunck of money earmarked for developmental projects has been pocketed by the white-collar criminals.7. the enactment of the prevention of corruption act, 1947 coincided with the inset of the country's independence. corruption as such has reached dangerous heights and dangerous potentialities. the word 'corruption' has wide ..... and manorama. at one place it is stated that father jagannath 'relinquished his share' in the ancestral property. section 17(1)(b) of the indian registration act, 1908, provides for family arrangement. if such arrangement (family arrangement) was in fact reduced to the form of a document for the purpose of recording the .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1995
Reported in : 81(1996)CLT477; 1996(I)OLR345
..... of the question that the institution is a public one and has no hereditary trustees.' 5. after the pronouncement of the judgment of the apex court, the act came to be amended by orissa act 29 of 1978. by the said amending act, section 8-b was inserted, which reads as follows :'section 8-b (1). notwithstanding anything contained in any other provision of this ..... prior determination of the fact if there is a hereditary trustee or not in a dispute case visualised by section 41 of the act, after the act had been amended by insertion of section 8-b by the orissa act 29 of 1978. considering the respective arguments of the counsel appearing for the parties, the court observed :'as we have to assign meaning to .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-1995
Reported in : AIR1995Ori273
..... is involved and no second appeal lies.7. section 100, cpc as it stands now being substituted by the amending act, 1976. contains few changes to the provision as it stood prior to the amendment under the section as it stood before the amendment, a second appeal was competent on any of the three grounds set out in clauses (a), (b) ..... clauses were fairly wide in their effect, particularly clauses (b) and (c) under which the courts devised concepts such as mixed question of law and fact. the amended section has drastically cut down the scope of the section by providing in sub-section (i) that a second appeal is henceforth competent only if the case involves a substantial ..... the said document was executed by her after clearly understanding the nature of the transaction. it should be established that it was not only her physical act but also her mental act. the burden can be discharged not only by proving that the document was explained to her and that she understood it, but also by other evidence .....
Tag this Judgment!Court : Orissa
Decided on : Mar-23-1995
Reported in : AIR1996Ori59
..... contention of the appellant is concerned, his submission is that the impugned award having been passed much after coming into force of the amendment act i.e. on 21-7-1990 and the application under section 28a(3) having been made within time, the court was quite correct in awarding additional market value ..... filed.3. mr. das, the learned addl. govt. advocate has raised two contentions. his first contention is that the collector under the act having passed the award under section 11 prior to the amendment act of 1984 and the respondent having accepted the compensation as per the award without protest, there was no scope of any reference under section ..... that even if a claimant has received the compensation amount in pursuance of an award passed prior to the amendment act of 1984 without protest, then also he is entitled to make an application under section 28a of the act and the land acquisition collector is obliged to make a reference to the court. so far as the second .....
Tag this Judgment!Court : Orissa
Decided on : May-12-1995
Reported in : AIR1996Ori16
..... in dispute on any ground whatsoever no suit shall lie for the adjudication of the said dispute. it also provides that no suit shall lie to set aside, amend or modify or in any way affect an arbitration agreement or an award. it would be noticed that the clause 'on any ground whatsoever' is very wide and ..... the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be enforced, set aside, amended modified or in any way affected otherwise than as provided in this act.'the apex court in the case of orient transport company v. m/s. jaya bharat credit and investment co. ltd, reported in ..... that the object of the legislature is enacting the two sections quite clearly was to prevent the abuse of the process of the court. before the present act was passed experience showed that unscrupulous and dishonest parties to the arbitration agreements frequently chose to deny the existence of the said agreements even after the arbitration proceedings .....
Tag this Judgment!Court : Orissa
Decided on : Mar-13-1995
Reported in : AIR1996Ori70
..... above, the position is manifest that the decree-holders are not entitled to the benefit of higher solatium interest and additional market value under the provisions of land acquisition (amendment) act, 1984. since the award by the land acquisition collector and the subordinate judge was passed prior to the specified period, 25-2-82 to 30-4-82. ..... and rightly held that further sum of rs. 1,09,741.50 should be paid by the judgment-debtor to the decree-holders under the provision of the amendment act.5. on the rival submissions made by the learned counsel for the parties the questionformulated earlier arises for determination. the five judge bench of the apex court in ..... 30-4-1982 and therefore the claimant decree-holders were not entitled to the benefit of extra higher rate of solatium and interest under the provisions of l.a. (amendment) act, 68 of 1984. even so, submitted the learned govt. advocate, a sum of rs. 6610/- claimed by the decree-holders has already been deposited in the execution .....
Tag this Judgment!Court : Orissa
Decided on : Mar-20-1995
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 .....
Tag this Judgment!Court : Orissa
Decided on : Nov-14-1995
Reported in : 1995(II)OLR655
..... leas suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a constitution is too cumbersome and consuming to meet the immediate needs. this task must, therefore, of necessity fall upon the courts because the courts ..... salary, leave, pension, provident fund, age of retirement, disciplinary action and other matters. thus, according to sections 27 (1) and 10 of the orissa education act, the orissa education (recruitment and conditions of teachers and members of the staff of aided educational institutions) rules, 1974 were framed which came into force with effect ..... notice of the court that the petitioner's school is an aided educational institution within the meaning and definition of section 3 (b) of the orissa education act, 1969. section 3 (b) envisages inter alia: 'aided educational institution' means a private educational institution which is recognised by and is receiving aid from the .....
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