Judgment Search Results Home > Cases Phrase: courtfees orissa amendment act 1958 Page 1 of about 17,951 results (0.170 seconds)

Santosh Kumar Mohananda and Saroj Kumar Behera Vs. Steel Authority of ...

Court : Orissa

Reported in : 104(2007)CLT208; [2007(114)FLR1033]; 2007(II)OLR29

..... 2) had sent a requisition to the employment exchange for sponsoring candidates for selection of technical apprentices under the apprentices (amendment) act, 1973 from the candidates holding 'requisite educational standard of having passed diploma (3-4 years) course, in the trades mentioned therein from a ..... by the petitioners as adequate qualification for the purpose of being appointed as senior technician-cum-operative trainee and declare redundant/unnecessary the further requirement of a certificate of recognition from the state council for technical education, orissa and also direct opposite parteis 1, 2 and 3 to appoint the petitioners as senior technician-cum-operative trainees in terms of their letters of appointment vide annexure-6 to the writ petition.the writ application is allowed, ..... satisfy the requirement of clause-3 (a) of the annexure-6 and did not produce the requisite certificate from the state council for technical education, orissa, the opposite parties in order to ascertain the actual position addressed a letter to the director, technical education and training, government of orissa, to clarify as to whether the institution from which the petitioners had obtained their diploma was recognized by the state council for technical education ..... /scte dated 3.10.96 of the vice-chairman of state council for technical education and vocational training, orissa written to the senior manager (training), training and development center, rourkela steel plant, rourkela-opposite .....

Doongarmal and anr. Vs. Roopsingh and ors.

Court : Rajasthan

Reported in : AIR1957Raj336

..... under section 109(c) of the code of civil procedure, which was supposed to be the only provision under which such leave could be granted, if at all.on the 1st april, 1926, however, the indian income-tax amendment act, 1926, came into force by section 8 of which it was in effect provided that when a case has been referred to the high court under section 66, it shall be heard by a bench consisting of not ..... high court and was clearly available to the appellants at the commencement of the amendment act of 1956.it was a substantive right and could not be touched by anything brought about by the amendment act with respect to decisions given before the amendment act came into force unless of course we are able to hold that the amendment act has been made retrospective by an express provision or by necessary intendment.12. ..... one of us --the writer of this judgment is inclined to think) although we make no pronouncement as to this in the present cases, it is feared that all first appeals in cases instituted before the present amendment came into force would still have to be filed in the high court, and the fulfilment of the object sought to be achieved by the amendment act may remain deferred in actual practice for some years to come.16. ..... such appeals or would these appeals also be outside the attractability of the amendment act on the ground that appeals in these cases must still be filed in the high court as being the court where they should have been filed according to the law which .....

Jagdish Pershad and ors. Vs. Joti Pershad and ors.

Court : Delhi

Reported in : ILR1975Delhi841; 1975RLR203

..... the high court may with the previous sanction of the state government direct that the suits of that class shall, for the purposes of courtfees act, 1870, and of the suits valuation act and any other enactment for the time being in force, be treated as if their subjectmatter were of such value as the high court thinks fit to ..... properties while seeking partition of his share in the properties the suit has to be valued for the purposes of court-fee under the provisions of article 17(vi) of schedule ii of the act no reasons were assigned by the nagpur high court in the above-cited case for taking the view that the aforesaid article was applicable only if the plaintiff was in joint possession of ..... opinion is that in a suit for partition of joint property, where the plaintiff alleged joint possession, court-fee was livable under article 17(vi) of schedule if of the act and that section 7(iv)(b) does not apply to such a suit, the ralio disendi being that the plaintiff was not enforcing any right to share in joint family property but ..... where he is in either actual or constructive possession of the family property has been held to be incapable of valuation, and thereforee, chargeable with fixed courtfee under article 17-b schedule ii of the act as amended in madras. ..... partition and separate allotment of properties alleged to be in joint posession, even though possession may be constructive, the application of article 17-a of schedule ii of the act as amended in orissa was attracted. .....

Air Gases Mazdoor Sangh Vs. Indian Air Gases Ltd. and ors.

Court : Allahabad

Reported in : (1977)IILLJ503All

..... 1956, the certifying officer or the appellate authority had no jurisdiction to adjudicate upon the fairness or reasonableness of the standing orders proposed by the employers but after the act was amended in 1966, it laid down mandatory duty on the certifying officer to adjudicate upon the fairness or reasonableness of the provisions of the standing orders. ..... amending act ..... but, even assuming that the contention that after the amendment of the act in 1956 the certifying officer has jurisdiction to certify the standing orders which may be found to be fair and reasonable in respect of the matters outside the schedule is correct, the impugned standing orders cannot be held to be ..... counsel for the respondent-company, urged that after the amendment of the act in 1936 the legal position has considerably changed. ..... the division bench of the orissa high court noted the divergence of opinion between the madras high court and orissa high court and the observations of the supreme court ..... ghosh, (supra) a division bench of the orissa high court considered the observations made by balakrishna aiyer ..... yasin's case, (supra) the orissa high court did not express any final opinion on ..... the supreme court referred to the decision of the madras high court in the case of 'hindu', madras, (supra) and the decision of the orissa high court in the case of s.k. ..... prefer the view taken by the orissa high court in the case of ..... officer, industrial tribunal, orissa (1975) lab. ..... orissa state electricity board (1959) .....

Geep Industrial Syndicate Limited, Mysore Vs. Geep Industrial Syndicat ...

Court : Karnataka

Reported in : ILR1999KAR3258; 1999(6)KarLJ521; (1999)IILLJ1197Kant

..... while reaching that conclusion at the outset in the paragraph 7 of the judgment, the orissa high court pointed out that no decision of the supreme court had been cited before it which had specifically laid down that after the amendment of section 4 of the act in 1956, it was not open to a certifying officer, even if he had held as fair and reasonable, to certify a standing order, if it related to a subject ..... in july 1951, even the scope to go into reasonableness and fairness was not available to the certifying officer because that scope was provided only by the amendment to section 4 in the year 1956, and, as such, it was unnecessary to go into the larger question as to whether standing order can provide for a matter not enumerated in the schedule to the ..... rules on 17-1-1983, are of no consequence to the present writ petition for the simple reason that such an inclusion is made by the central government only in exercise of its power under section 15 of the act, a power given to the appropriate government, and that when the central government was making the central rules including the newly substituted rule 2-a on 17-1-1983, it was doing so as an appropriate government within ..... may first refer to certain decisions of the high courts including the one by a division bench of this court rendered way back in the year 1958 in mysore kirloskar employees' association v industrial tribunal, bangalore and another (mysore kirloskar case, for short) in which the division bench of this court .....

The United Provinces Electric Supply Co. Ltd., Allahabad Vs. their Wor ...

Court : Supreme Court of India

Reported in : AIR1972SC1201; 1972LabIC644; (1972)IILLJ9SC; (1972)2SCC54; [1972]3SCR754

..... in the state of bombay section 19 of the industrial employment (standing orders,) (bombay amendment) act 1957 provided for insertion of item 10-a in the schedule which was 'age for retirement or ..... whether it was permissible for an industrial establishment to have two sets of standing orders to govern the relevant terms and conditions of its employees it was laid down after an examination of the scheme of the relevant provisions of the act in the light of the matters specified in the schedule that there was no scope for having separate standing orders in respect of any one of them, it was said:.the conclusion appears to be irresistible that the object of ..... orissa state electricity board 0043/1970 : air1970ori126 the orissa high court considered this question a some length and expressed the view that where a standing order has been certified by the certifying officer containing a clause relating to superannuation not covered by the schedule of the act nor by the model standing orders such certification-cannot be valid under section 4 of the act ..... according to the orissa high court, superannuation is an event which comes more or less in an automatic ..... 1970 orissa 126 case did not subscribe to this ..... the orissa high couit, however, in saroj kumar ghosh's ..... superannuation which does not depend on any notice and which covers an event which is automatic and which must be given effect to without any volition on the part of the employer or the workmen as pointed out in the orissa judgment. .....

Ashok Kumar S/O Shankarprasad Vs. the State of Maharashtra, Through It ...

Court : Mumbai Nagpur

..... 2010 dated 21.12.2010 introducing environment tax by amending the bombay motor vehicles tax act, 1958 (hereinafter referred to as the 1958 act for short). ..... and others (supra), the division bench of this court at nagpur has held that when vehicles not using public road are subject to tax under the bombay motor vehicles tax act, 1958 levy would be declared as confiscatory in character and beyond competence of state legislature. ..... have already noted that the motor vehicle rendered unfit on any count is also subjected to bombay motor vehicles tax act, 1958 and definition of motor vehicle in section 2(2b) therein needs to be understood in this backdrop. 14. ..... the honble supreme court has also noted that before amendment vehicles used solely upon the premises of the owners were excluded from the definition ..... in this background that the honble apex court has then looked into the contention of state of orissa, that definition of motor vehicle in the said state act was not a definition by incorporation, but only a definition for reference. 13. ..... also pressed into service to show that the provisions relating to refund of tax contained in bombay motor vehicles act, 1958 is not applicable. ..... , though registrable under the motor vehicles act, dumpers were not motor vehicles for the purpose of orissa motor vehicles taxation act, 1930. ..... state of orissa (supra), is looked into by the division bench of this court in its judgment dated 11.03. ..... state of orissa); division bench judgment of this court in .....

Sarojini Mishra Vs. State of Orissa

Court : Orissa

Reported in : 92(2001)CLT622

..... 'entry no 11 of the first schedule as amended by the court-fees (orissa amendment) act, 1958 prescribes the court-fees to be paid on an application for probate of a will or letters of ..... 11 of the first schedule of the orissa court-fees (amendment) act, 1958 is a court-fee payable for filing an application for probate or letters of ..... it is an application for grant of letters of administration under section 278 of the act, section 19(1) of the court-fees act, 1870 deals with payment of court-fees in respect of probates and letters of administration ..... an application for a succession certificate and in absence of any provision like section 379 of the act, the court-fee required to be paid under entry no. ..... is no provision like section 379 of the act governing grant of probate or letters of administration. ..... state of orissa, reported in ..... state of orissa, reported in ..... court-fees act, however, contains provisions like sections 19a and ..... on the provisions of section 379 of the said act, it has been held in sharmila das's case that sum required to be deposited with the application for a succession certificate is not court fee on the application for succession certificate and as such the benefit of notification dated june 7, 1994 cannot be extended to the said sum, required to be deposited under section 379(1) of the act. ..... das's case relates to an application for grant of succession certificate under section 372 of the indian succession act,1925 (hereinafter referred to as 'the act').. .....

Devi Das Gopal Krishnan and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1895; [1967]3SCR557; [1967]20STC430(SC)

..... pursuant to the provisions of section 15 of the central sales tax act, before it was amended, act 7 of 1958 added clause (ff) to section 2 of the principal act fixing the same stage indicated by section 15 of the central act, i.e. ..... this section was amended by the central sales tax (amendment act 31 of 1958 with effect from october 1, 1958. ..... the next argument is that section 2(ff) inserted in the punjab general sales tax act, 1948, by the east punjab general sales tax(amendment) act, 1958 (act no. ..... decision on these appeals depends upon the interpretation of the relevant provisions of the punjab general sales tax act, 1948 (punjab act 46 of 1948), as amended by punjab act 7 of 1958, relating to three categories of goods, namely, oil-seeds, iron and cotton. 2. ..... then it is contended that while section 15 of the central sales tax act, 1956 (act 74 of 1956) imposes a restriction on the state not to tax at more than one stage, the amending act by introducing the definition of 'purchase' enables the state to tax the same goods at the purchase point and at the sale ..... the relevant part of section 15 of the central sales tax act, 1956 (74 of 1956), as amended by central sales tax (amendment) act 16 of 1957, reads thus : 'every sales tax law of a state shall, in so far as it imposes or authorises the imposition of a tax on the sale or purchase of declared goods, be subject to the following restrictions and conditions, namely : (a) the tax ..... 7 of 1958) and amended by amending act 13 of 1959 is .....

Abdul Hakim Quraishi and ors. Vs. the State of Bihar

Court : Supreme Court of India

Reported in : AIR1961SC448; 1961CriLJ573; [1961]2SCR610

..... 21 of 1959) the impugned act is called the uttar pradesh prevention of cow slaughter (amendment) act, 1958 and in madhya pradesh (writ petition ..... we now proceed to consider the uttar pradesh prevention of cow slaughter (amendment) act, 1958. ..... 15 of 1959) the impugned act is called the bihar preservation and improvement of animals (amendment) act, 1959 which received the assent of the governor on january 13, ..... take up first the bihar preservation and improvement of animals (amendment) act, 1959 and the rules made under the main act of 1955. ..... that section 3 of the amending act is a mala fide, colourable exercise of power, repugnant to the fundamental rights of the petitioners under article 19(1)(f) and ..... the petitioners who challenged the various provisions of the aforesaid acts in 1958 were engaged in the butcher's trade and its subsidiary undertakings; they challenged the constitutional validity of the acts on the ground that they infringed their fundamental rights under ..... this led to some amending or new legislation, and we are concerned in these three cases with the provisions of these amending or new acts and the rules made ..... the year 1958 this court had to consider the validity of certain provisions of three acts : (1) the bihar preservation and improvement animals act, (bihar act ii of 1956); (2) the uttar pradesh prevention of cow slaughter act, 1955 ..... of bihar : [1959]1scr629 an ordinance was passed called the uttar pradesh prevention of cow slaughter (amendment) ordinance, 1958. .....