Court : Orissa
Decided on : Jan-10-1996
Reported in : 81(1996)CLT455; 1996(I)OLR161
..... to make stringent provisions of the trial for illicit drug trafficking and to provide deterrent punishment. it is found from the state of objects and reasons of the amending act 2 of 1989 that even though major offences are non-bailable by virtue of the level of punishment, on 'technical grounds' drug offenders were being released on ..... not only lead in facilitating and encouraging the offence of illicit drug trafficking but also it would frustrate the whole purpose for which the act has been brought out in its present amended form.it would be apposite to deal with the court's power in exercising the judicial discretion in the matter of bail in general. ..... prosecution shows recovery of the contraband substance from the possession of the accused, according to the intention of the legislature, the words employed in section 37 of the act and the spirit behind the provisions, he shall be considered as 'guilty' for the limited purpose of bail under that section. where, however, recovery of the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-16-1996
Reported in : 2(1996)ACC566
..... in bolani ores case (supra) that the apex court observed from a comparison of the two definitions of motor vehicles before and after amendment by act 100 of 1986 in section 2(18) of the motor vehicles act, 1939 that the vehicles which have been taken out of the category of a 'motor vehicle' are different in these two definitions ..... chart has been given as regards section 2(18) of the motor vehicles act, 1939 before amendment and after amendment. in the new definition under section 2(28) of the act of 1988, we do not find any difference. section 2(18) of the 1939 act being amended runs as follows:'motor vehicle' means any mechanically propelled vehicle adapted for use upon ..... . if it is used solely upon the premises of the owner. these vehicles under section 6 of the bihar taxation act read with section 2(e) thereof would not attract liability to tax. but after the amendment though a motor vehicle may be adapted for use upon roads, nonetheless in order to be taken out of the category .....
Tag this Judgment!Court : Orissa
Decided on : Jan-19-1996
Reported in : I(1997)ACC175; 1997ACJ284; AIR1996Ori120; 81(1996)CLT580; 1996(I)OLR217
..... third party. this difference in language is indicative of the wider coverage in case of death or bodily injury.13. by the motor vehicles (amendment) act, 1994 section 147(1)(b)(i) has been amended substituting the words 'injury to any person, including owner of the goods or his authorised representative carried in the vehi-cle' for the words ..... arises, or (iii) to cover any contractual liability.' section 147 of the m. v. act, 1988 does not contain proviso (ii) to sec. 95(1) of the m. v. act, 1939. the material provisions of sec. 147 as it stood before the motor vehicles (amendment) act, 1994 are quoted below: --'147. requirements of policies and limits of liability-- (1) ..... goods vehicle,9. section 95(1)(b)(i) of the m. v. act, 1939 contained the same language as section 147(1)(b)(i) as it stood before the motor vehicles (amendment) act, 1994. but one of the provisions of sec. 95 of m. v. act, 1939 excluding specified classes of persons from the statutory requirement of insurance coverage, .....
Tag this Judgment!Court : Orissa
Decided on : Jan-30-1996
Reported in : 81(1996)CLT297; 1996(I)OLR195
..... proceeded on the assumption that the ipr by itself is enough to provide the exemption from the sales-tax. but where the provisions of the sales fax act are also amended providing for exemption- then the court has to see whether they are the same as the ipr or are they different and if different, what is the ..... in producing cotton from 'waste cotton'. originally, the expression 'manufacture' had not been defined in the orissa sales tax act. but by amendment, the word has been defined in the orissa sales tax act under section 2 (ddddd) by act 21 of 1992 which came into effect on 1-8-1991 in the following manner:' 'manufacture', with all its grammatical ..... effect of such difference. it is, therefore, necessary to ascertain the relevant provisions in the sales tax act, rules and notifications, if any, issued thereunder before expressing a final .....
Tag this Judgment!Court : Orissa
Decided on : Feb-02-1996
Reported in : AIR1996Ori145; 82(1996)CLT54
..... and other elections and are, therefore, capable of deciding the provisions which should govern them as members of the union. it is averred that if not quashed, the amendments incorporated shall introduce arbitrariness by the utkal university authorities in the functioning of students union. this is how the matter is now before this court.6. in response to ..... . since it is a question of election, a person can be elected any number of times as long as the electorate prefers him. even the representation of people act does not restrict the number of times a person can contest the eletion or for being elected. indeed, it is seen that once a person is elected, he ..... various offices of the students' union are definitely matters which relate to 'students' affairs'. therefore, the contention that the p. g. council does not have the power to amend the constitution of the students' union, cannot be accepted.17. in view of the discussions made above, it is declared that that portion of rule 14(b) of the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-01-1996
Reported in : 1996(87)ELT349(Ori)
..... reference is made to 1992 (57) e.l.t. 261 (madras).the exemption notification has to be interpreted by the words used therein and nothing can be added, amended or constructed to make up its deficiency. reference is made to a case reported in 1983 (12) e.l.t. 24 (delhi). taxing statutes, rules and notifications issued ..... referred to as the 'inputs') and for utilising the credit so allowed towards payment of duty or excise leviable on the final products, whether under the act or under any other act, as may be specified in the said notification, subject to the provisions of this section and the conditions and restrictions that may be specified in the ..... noted as follows :-'exemption to materials imported against value based advance licence :- in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts materials imported into india, against .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-1996
Reported in : 2(1996)ACC277
..... .12.1987 the respondent no. 4 voluntarily deposited rs. 42,221.60 before the commissioner for workmen's compensation, visakhapatnam as per the provisions of the act for payment of compensation to the legal representatives of the deceased. the commissioner for workmen's compensation, visakhapatnam, respondent no. 3 sent the aforesaid deposited amount ..... dispute with regard to apportionment, the respondent no. 2 had filed another application challenging the quantum of compensation and claiming more as per section 22a of the act. the respondent no. 1 the commissioner at cuttack issued notice with regard to enhancement of quantum.3. while the case was pending for consideration for grant ..... has misconstrued the transfer of record by the commissioner, visakhapatnam and he has failed to appreciate the import of the language of section 21 of the act. it is further submitted by him that the respondent no. 1 has failed to exercise the jurisdiction vested in him and has committed gross illegality while .....
Tag this Judgment!Court : Orissa
Decided on : May-16-1996
Reported in : 1996(II)OLR134
..... trial in all criminal prosecutions now flowing from article 21 by virtue of precedential mandate is identical in content with the express constitutional guarantee inserted by the 6th amendment in the american constitution. speedy, i. e., reasonably expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in ..... larger bench of two members and such request should ordinarily be accepted. various questions relating to the interpretation of sub-section (6) of section 5 of the act and correctness of the decision in sampath kumar's case (supra) is under consideration of the constitution bench on a reference being made to such bench. ( ..... one of us (hon'ble a. deb, j.) has recently been transferred from gouhati to orissa. presently four judges of this court have been transferred to act as judges in calcutta, gauhati. andhra pradesh and kerala high courts. in fact the present chairman of the tribunal was transferred from this court to allahabad high .....
Tag this Judgment!Court : Orissa
Decided on : Jul-22-1996
Reported in : 1996(II)OLR262
..... one year from the date of such decision or order and (ii) without giving the parties concerned an opportunity of being heard in the matter.' by orissa act 16 of 1976, section 38-b was amended by virtue of which' the word 'board' wherever it occurred, the words 'board of revenue' came to be substituted. for sub-section (2), ..... state here that in the full bench judgment of this court in laxminarayan sahu (supra), the question whether power of revision under section 59 (2) of the olr act, 1950 could be exercised at any time did not arise for consideration which is evident from the discussion made in the penultimate paragraph of the judgment. the court after ..... the collector, call for and examine the record of any proceeding in which any authority subordinate to the board has made any decision or passed an order under this act............for the purpose of satisfying itself as to the regularity of such proceeding or the correctness, legality or propriety of such decision or order and if in any .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1996
Reported in : 2(1996)ACC713
..... for an authoritative pronouncement by a larger bench for which we are in session of this miscellaneous appeal preferred under section 173(1) of motor vehicles act, 1939 (in short 'the act').2. to appreciate the legal position a brief reference to the factual matrix is necessary. appellant bhagaban mallik filed misc. case no. 637/87 before ..... the tribunal would dismiss the claim petition because of non-prosecution.4. to appreciate the whole scenario it is appropriate to refer to section 168 of the motor vehicles act, 1988 which reads as under:168. award of the claims tribunal.-(1) on receipt of an application for compensation made under section 166, the claims tribunal shall ..... is absent. same also is applicable for the opposite parties if the award has been passed ex parte. to read otherwise would make the scheme of the act and the provisions under the rules nugatory and would defeat the stipulations made therein. we may further observe that the beneficial aspect of order 9 has been made .....
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