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Kishore Chandra Patel and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1993Ori259; 76(1993)CLT720

..... take possession, as laid down by section 19, article 300-a of the constitution gets attracted. as is known, that article was inserted by the constitution (44th amendment) act, 1978, which had omitted article 19(l)(f) dealing with right to hold property from the constitution. but then, article 300-a (which deals with right to ..... had also been made for 'more speedy trial' as would appear from the long title of the criminal law amendment act, 1952, whose section 6(l)(a) includes trial of offences under the prevention of corruption act, 1988, has failed to deliver the goods, as would appear from what has been stated in paragraph 5 of ..... show that the power of confiscation has been conferred on administrative officer like customs authorities, district collector or competent officer appointed by the central government. we are brought nearer home by referring to section 56 of the orissa forest act, 1972, as amended, which permits confiscation. reference is made to two bench decisions of this court .....

Jayaram SwaIn and ors.Vs. State of OrissA.

Court : Orissa

..... for a company, it may also be for a public purpose. therefore, if a company, namely a cooperative society registered under the central or state cooperative societies act, preceding 1984 amendment act, had to acquire the land it had to do so in strict compliance with chapter vii. if the company, (cooperative society) requires land for any purpose ..... up capital, as may be prescribed. however, sub-section (6) of section 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital specified in the section. public company is a residuary company. 14. mr. ..... exercise its power. in this context, it is necessary to extract what the apex court said in commissioner of customs v. essar oil ltd., (2004) 11 scc 364, at page 376 : 30. a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. it is a deception in .....

Sudarshan Gochhayat. Vs. State of OrissA.

Court : Orissa

..... for a company, it may also be for a public purpose. therefore, if a company, namely a cooperative society registered under the central or state cooperative societies act, preceding 1984 amendment act, had to acquire the land it had to do so in strict compliance with chapter vii. if the company, (cooperative society) requires land for any purpose ..... up capital, as may be prescribed. however, sub-section (6) of section 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital specified in the section. public company is a residuary company. 14. mr. ..... exercise its power. in this context, it is necessary to extract what the apex court said in commissioner of customs v. essar oil ltd., (2004) 11 scc 364, at page 376 : 30. a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. it is a deception in .....

M/S. Kukumina Constructions (P) Ltd. Vs. Sub-registrar-cum-stamp Colle ...

Court : Orissa

..... has justified his action in withholding the registration certificate. to appreciate this contention, it is necessary to know what is contemplated in section 47a of indian stamp act, 1899 (orissa amendment) and rule 28 of the orissa stamp rules, 1952. the relevant provisions of section 47 a are reproduced below: "47-a. instruments under-valued how ..... section 47 a the collector shall, when he has finally dealt with it return it to the registering officer concerned."section 47a of the india stamp act, 1989 (orissa amendment) contemplates that if the registering officer while registering any instrument of conveyance has reason to believe that the market value of the property which is ..... of the underpaid duty. the settled legal position is that if there is any conflict between the provisions of the act and the provisions of the rules, the former will prevail. (ispat industries ltd. v. commissioner of customs, mumbai, (2006) 12 scc 583)further, it is the settled law that where there is a direct .....

Badal Barik Vs. State of Orissa

Court : Orissa

Reported in : 2008(I)OLR133

..... alia, stating that the daughter of the informant got married to the petitioner in the year 2003 as per the hindu rites and customs. at the time of marriage, the informant gave the couple a sum of rs. 20,000/- in cash, gold ornaments and ..... investigation and upon finding that no offence has been alleged in the f.i.r., is of the view that the act of the concerned police officer discloses a total irresponsible manner in discharging his duties, which is contrary to the prescribed procedure ..... reason as to why the police registered the case under the aforementioned sections of the indian penal code and the d.p. act.6. chapter xii of the code of criminal procedure lays down the provisions with regard to information to the police and ..... dated 19.6.2007 for the alleged commission of offence under sections 498a/304b ipc read with section 4 of the d.p. act. on such a case being registered, the petitioner apprehending arrest has approached this court in the present application for grant of anticipatory .....

Pradeep Kumar Nanda Vs. Sanghamitra Binakar

Court : Orissa

Reported in : AIR2007Ori60; 103(2007)CLT174

..... settle down and start a new chapter in life.while concluding as above, the supreme court also recommended the union of india to seriously consider bringing an amendment in the hindu marriage act, 1955 to incorporate irretrievable break down of marriage as a ground for grant of divorce.11. thus, the ratio of the above decision is that in ..... the ratio of the above decision by application of articles 141 and 142 of the constitution of india, it can be construed that till the legislature amends section 13 of the act as recommended by the supreme court irretrievable break down of marriage can be considered to be a ground for grant of a decree of divorce.13. ..... civil judge, (senior division), bhubaneswar passed in o.s. no. 342 of 2002.2. the appellant-husband and the respondent-wife were admittedly married in accordance with hindu customs and rites on 1.12. 1999. it is also the admitted case that from 6.6.2001 they are separately residing though appellant-husband alleges that the respondent-wife .....