Court : Orissa
Reported in : [2005(106)FLR936]; 2005(II)OLR51
..... 8 of the employees' provident funds and miscellaneous provisions act, 1952 read with the employees' provident funds scheme, the employees' pension scheme, 1995 and the employee' deposit linked insurance scheme, 1970. ..... a proceeding under section 7a of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter called the 'act') was initiated against opposite party no. 2, m/s. ..... there is no ambiguity in the legal proposition that the provident fund commissioner and/or any authority under the act has the power under section 8f of the act to recover the amount assessed by adopting any of the modes prescribed under ..... a rejoinder, inter alia, repudiating the averments made in the counter affidavit filed by opposite parties 1 and 4 and have taken a positive stand that they are not liable to pay any amount to opposite party no ..... has exercised his power under section 8f of the act on the assumption that the petitioners owed money to the defaulter assessee and the said assumption was on the basis of the accounts of the defaulter submitted before the authority, and enquiries made by the said authority behind the back ..... order passed by this court shall continue till fresh decision is taken by the rpf authority and i accordingly direct.it is made clear that if the petitioners fail to appear before opposite ..... in order to protect the interest of all the parties, ends of justice and equity will be better served if the petitioners are given an opportunity to appear ..... air 1978 sc .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR500
..... ) which was a case dealing with sections 14(1-a) and 14-a (1) of the employees' provident funds and miscellaneous provisions act (19 of 1952) in the case, depending on some earlier decisions, a distinction was drawn regarding making of the payments and, sending of the returns, holding that so far as payments are concerned, the failure to pay makes the offence to have been committed at the place of situation of the establishment, but so far as the returns are concerned, since ..... , bhubaneswar to entertain a complaint at the instance of the opposite party, the employees' state insurance corporation through its regional director, alleging an offence to been committed by the petitioner under section 85 (a) and (e) of the employees' state insurance act (for brevity 'the act') at rourkela. ..... (1) every employer shall send a return of contribution in quadruplicate in from 6 along with receipted copies of challans for the amounts deposited in the bank, to the appropriate office by registered post or messenger, in respect of all employees for when (sic) contributions were payable in a contribution period, so as to reach the office-(a) within 30 days of the termination of the contribution period to which it ..... thus merely because a facility is provided to make deposit in local branch of a bank, it does not mean that payment is not made to the corporation at its office. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... this was ultimately transferred to the steel authority of india limited in the year 1978, as per the central act 42 of 1978, namely the bolani ores limited (acquisition of shares) and miscellaneous provisions act, 1978. ..... , steel authority of india limited (raw material division)(hereinafter described as 'sail(rmd)' filed the writ applications, inter alia, seeking to challenge the orissa act 3 of 1994 by which amendment was inserted in the orissa irrigation act, 1959 and orissa irrigation (amendment) rules, 1994 and further praying to declare the same to be invalid and unconstitutional on the ground of repugnancy and in competency of the state legislature and as a colourable piece of legislation and/or declare the schedule of rates prescribed under the rule 23-a to be arbitrary, irrational ..... we further find that although a prayer has been made for seeking refund of certain amount of money deposited by it as water charges, no demand for such an amount has been annexed to the application. ..... city and industrial development corporation maharashtra ltd. ..... however, considering the fact that in the present case the petitioner-sail (rmd) is a government of india enterprise and the dispute relates to the agreement entered into by it with the state government of orissa, in view of the judgment rendered by the hon'ble supreme court in the case of oil natural gas corporation ltd. v. ..... : [1998]2scr339 ; national building construction corporation v. s. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... air 1979 sc 1803, it was contended that without a right of appeal the assessment of damages under the employees' provident funds and miscellaneous provisions act, 1952, was unreasonable and arbitrary. ..... motor spirit act) and said :'.........the provisions of an act like the government of india act, 1935 should not be cut down by a narrow and technical construction, but considering the magnitude of the subjects with which it purports to deal in a very few words, it should be given a large and liberal interpretation so that the central government to a great extent but within certain fixed limits may be mistress in her own house, as the provinces, to a great extent ..... cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained ..... the determination of the amounts of taxes to be assessed upon individual persons, corporations or pieces of property, any reasonable standard of measurement may be selected, and the intrinsic character of the tax is not determined by the mode of measurement ..... the contention that acquisition was only a means of conservation or development of mineral resources and the field stood excluded by the declaration of section 2 and the other provisions of the central act, 1957 observed (at page 1666) :'.........it seems difficult to sustain the case that the provisions of the central act would be really unworkable by mere change of ownership of land in which mineral deposits are found. ..... reciprocal insurers, (1924) .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR490
..... lordships of the supreme court repelled the argument on behalf of the management that the person employed in a managerial or administrative capacity being covered by the working journalists (conditions of service) and miscellaneous provisions act, 1955 will not be covered by the employees state insurance act and held the effect of one act, namely, employees state insurance act cannot be controlled by the provisions of another act, namely, the working journalists (conditions of service) and miscellaneous provisions act unless the provisions in one have bearing on the provisions of the other. ..... the net result, therefore, the demand by the regional director of the employees state insurance corporation is valid and the application filed by the satyabadi press under section 75 is liable to be rejected. ..... amended the officers of the regional director, employees' state insurance corporation held some enquiry and then demanded contribution in respect of the employees serving in 'the samaj from the satyabadi press for the period 29-1-1968 till december, ..... state insurance corporation etc. ..... question whether the employees of the samaj would be the employees of the satyabadi press and, therefore, would be governed by the provisions of the act was to be determined on the application filed by the satyabadi press itself investing the jurisdiction of the insurance court under section 75(1) and that application has been disposed of which is under challenge in the present appeal. ..... (air 1978 sc 1958 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori82; 63(1987)CLT658
..... all, there being no possibility of varying it in either way, it will always be very difficult to ascertain the possibility of remarriage with any precision.so far as england is concerned, the law has been changed under the law reform (miscellaneous provisions) act, 1971 and the remarriage of the widow or the chance of her remarriage is not to be taken into account in assessing the damages payable to her (see 1974 acc cj 501 (qb) (thompson v. ..... the learned judge declined to follow the provisions of the hindu adoptions and maintenance act on the sole ground that the definition of the expression 'dependant' under the workmen's compensation act was not so restricted and, therefore, remarriage will not disentitle her to claim compensation. ..... 22,000/:for the minor child, which was to be kept in afixed deposit in her name in the state bank of india. ..... development corporation ltd. ..... the opposite view has been taken by a division bench of allahabad high court in air 1983 all 174 oriental fire and general insurance company v. ..... this appealarises out of a proceeding for compensationon account of an accident in which thehusband of respondent 1 was killed and isdirected against the order of a learned singlejudge of this court (reported in 1978 ace cj61 : (air 1978 orissa 138)).2. ..... jagdish kaur, 1978 acc cj 359 : (air 1978 punj & har 195), however, declined to make any deduction on the possibility of the widow contracting a second marriage. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori202
..... the company in accordance with the provisions of the act; secondly, the proviso to article 10 of the articles of association of the company,--that the number of persons who can be appointed as special directors or ex-officio directors shall in no case exceed one-third of the total number of directors of the company,--is a complete answer to the company's point that four out of nine ex-officio directors have to be set apart and reserved for the industrial finances corporation and government of orissa; under the ..... the company still,--in pursuance of its policy of continuing and continuous process of oppression of the petitioner and his group being the minority shareholders,--made a similar attempt in august-september 1960 and the company issued a notice dated august 25, 1960 for holding an extraordinary general meeting on september 21, 1960 for the purpose of considering and, if thought fit, passing with or without amendment certain resolutions, mentioned therein, with 8 view to further increase the share-capital ..... life insurance corporation of india ..... get back their applications from the company; in the normal course, if cheques had been sent along with applications, they must have been entered in the books of the company; these applications and moneys received from the applicants must have been entered in the register and books of account; the moneys were to be deposited in a scheduled bank as required under section 69 (3) and (4) of the indian companies act, 1956. ..... miscellaneous .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... court of original jurisdiction unless the case is committed to it by a magistrate under the code, has come to the conclusion that even though by virtue of the transitional provision, the offence committed under the act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court of session can exercise the said power only when the ..... case may be, yet provides that after the expiry of the maximum period he shall continue in custod if he does not furnishings ball such detention in custody is by operation of law.the provision equally applies to a person arrested and produced before a magistrate under the act and even if the magistrate or the special court directs his release on bail holding that the conditions of section 37(1)(b) are satisfied, yet the accused must remain in custody if he is not ..... insurance corporation ..... to make a special mention of section 50 as to whether the section postulates an information to be supplied to the person about to be searched, regarding his rights analysing the two sections 43(b) and 50,it is seen that a search under section 43(b) is incapable of being carried out unless the provisions of section 60(1), wherever the occasion arises, ate complied with, namely, that before any search is conducted of a parson he has to be taken before the nearest gazetted officer at the departments ..... 1978 sc 527 (babu singh and .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... (4) whether a dealer, who has deposited the tax as per the orders of different authorities, is entitled to get interest by way of compensation on the amount of refund ultimately calculated on the basis of finalisation of assessment proceeding from the date of deposit till he is entitled to apply for refund as per the provision of section 14-c of the act, and if so, at what rate ? ..... it is pertinent to note that similar provision was there in section 241 of the income-tax act, 1961 before its substitution by the direct tax laws (second amendment) act, 1989 with effect from april 1, 1989. ..... chittor electric supply corporation : [1995]212itr404(sc) , the apex court had the occasion to consider the correctness of the decision of the allahabad high court in purshottam dayal varshney's case : [1974]94itr187(all) and also to consider whether interest is payable or any amount has become refundable when the assistant commissioner of income-tax has set aside the assessment and directed the income-tax officer to make fresh assessment. ..... the interdict on public mischief and the insurance of consumer interests against likely, albeit, unwitting or ex abundanti cautela excesses in the working of a statute are not merely an ancillary power but surely a necessary obligation of a social welfare state. ..... ajit mills limited : [1978]1scr338 , where constitutionality of section 46 of the bombay sales tax act was challenged basing on an earlier decision of the supreme court in r. .....
Tag this Judgment!Court : Orissa
Reported in : 1997ACJ1024; 1996(II)OLR298
..... tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the ..... amount which shall be paid by insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the ..... the necessity for an authoritative pronouncement by a larger bench for which we are in seisin of this miscellaneous appeal preferred under section 173 (1) of motor vehicles act, 1939 (in short 'the act').2. ..... in the aforesaid case their lordships further observed in paragraph 6 of the judgment :'coming to the case in hand as already referred to above, issues were settled on 2-3-1978 and so the claim case could not have been dismissed for deault on 9-1-1979 (annexure 6-a). ..... state road transport corporation and anr. .....
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