Court : Orissa
Reported in : AIR1958Ori207
..... english law, the employment of a paid canvasser is expressly prohibited by a special section (vide section 96 of the representation of the people act 1949) whereas under the indian law, such prohibition is required to be implied from the language of section 123(1) of the act. but whatever that may be, in the absence of direct ..... the present purpose,24. on the facts as found above the question for consideration is whether the appellant has incurred disqualification under section 7(d) of the act. that clause (omitting immaterial portions) says that if a candidate has 'any share or interest in a contract for the execution of any works undertaken by the ..... one of their rival candidates, shri prankrushna das, objected to the candidature of the appellant saying that he was disqualified under section 7(d) of the act as the contract between the appellant and the government regarding the construction of irda dispensary was still subsisting. the learned advocate for the appellant there-upon asked the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori49
..... provinces order of 1949. subsequently the orissa legislature passed the orissa merged states laws act in 1950. section 7 of that act modified she tenancy laws in force in the merged states to the extent indicated therein. clause (b) of that section prohibited the transfer of an occupancy holding by an occupancy tenant who was a member ..... was obtained. the plaintiff's case is that 'tanla' is mentioned as one of the castes specified in the foot note to rule 3 and hence the prohibition enjoined by that rule will apply with full force and the two lower courts were justified in holding that the transfer in favour of the defendant was invalid ..... of the public from exploitation by rich moneylenders who would otherwise reduce the tenants to mere landless labourers. thus, in the agency tracts, interest and land transfer act 1917 (now replaced by the orissa scheduled areas transfer of immoveable property (by scheduled tribes) regulation, 1956), there were restrictions on the transfer of lands from .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori205; 1965CriLJ661
..... such, being a statement made to a police officer cannot be used by the defence by reason of prohibition contained in section 162 (1), criminal procedure code. the defence can rely only on those parts of ext 14, with which p. w. 1 was confronted by virtue of proviso to ..... such, either in the examination-in-chief or even in 'cross-examination in the manner it was done is not permissible in law. what section 145 of the evidence act requires is that the witness must be confronted with those parts of the earlier statement on which the defence relies for the purpose of contradicting him. ext. 14 as ..... father did not respond to the call the accused broke open the door was also untrue.12. in our opinion, the formalities required by section 145 of the indian evidence act were not complied with in this case. that section lays down :'145 --cross-examination as to previous statement in writing :--a witness may be cross-examined as to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori174; 33(1967)CLT843; 1967CriLJ1547
..... of adulterated food is imposed in the larger interest of maintenance of public health. the legislature has, in the interest of public health, enacted the act and has provided that all persons are prohibited from selling adulterated food; in the absence of any provision, express or necessarily implied from the context, the courts will not be justified in ..... imports into india or manufactures for sale, or stores, sells or distribute any article of food: (i) which is adulterated or misbranded or the sale of which is prohibited by the food (health) authority in the interest of public health; (ii) other than an article of food referred to in sub-clause (i), in contravention of ..... is also no warrant for the assumption that the servants employed in shops dealing in food stuff are generally illiterate. sarjoo prasad v. state of u. p., air 1961 sc 631.11. what are the facts in the present case the evidence of the food inspector is that hepurchased 750 grams of adulterated harada dal rom the accused .....
Tag this Judgment!Court : Orissa
Reported in : [1976]37STC475(Orissa)
..... of the word 'potable' and contended that country liquor, whether potable or not, is exempted from sales tax. he also referred to the definition of liquor appearing in the orissa prohibition act, 1956. next he relied on the dictionary meaning of the word 'spirit', which lays down that it is a 'distilled liquid', an acqueous solution of ethyl alcohol ; 'spirituous ..... a discussion of potableness of foreign liquor or country liquor. so far as the definition of spirit appearing in the orissa prohibition act of 1956 is concerned, it cannot be borrowed for the purposes of another statute, viz., the present act, which is bereft of any authority. rather contrary is the consensus of view as indicated above.7. from the ..... no. 31 of list ii.8. as has been decided by their lordships of the supreme court in a series of cases (ramavatar budhaiprasad v. assistant sales tax officer, akola [1961] 12 s.t.c. 286 (s.c.) and commissioner of sales tax, m.p. v. jaswant singh charan singh [1967] 19 s.t.c. 469 (s.c), .....
Tag this Judgment!Court : Orissa
Reported in : [1978]111ITR900(Orissa)
..... writ of certiorari to quash a notice issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), and for a direction prohibiting the revenue from taking any proceeding in terms of the notice.petitioner is an assessee under the act and for the assessment year 1958-59 a regular assessment under section 23(3) of ..... reason to believe that your income chargeable to tax for the assessment year 1958-59 has escaped assessment within the meaning of section 147 of the income-tax act, 1961.i, therefore, propose to reassess the income for the said assessment year and i hereby require you to deliver to me within 30 days from the date ..... claimed before us. the objection must, therefore fail.we allow the writ application, quash the notice under section 148 of the act and the direct that a writ of prohibition be issued to the opposite parties from acting in furtherance of the notice. this application is allowed with costs. hearing fee is assessed at rupees two hundred.das j. .....
Tag this Judgment!Court : Orissa
Reported in : 44(1977)CLT148
..... of certiorari to quash a notice issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), and for a direction prohibiting the revenue from taking any proceeding in terms of the notice. 2. petitioner is an assessee under the 'act and for the assessment year 1958-59 a regular assessment under section 23(3) ..... reason to believe that your income chargeable to tax for the assessment year 1958-59 has escaped assessment within the meaning of section 147 of the income-tax act, 1961. i, therefore, propose to reassess the income for the said assessment year and i hereby require you to deliver to me within 30 days from the date ..... before us. the objection must, therefore, fail. 31. we allow the writ application, quash the notice under section 148 of the act and direct that a writ of prohibition be issued to the opposite parties from acting in furtherance of the notice. this application is allowed with costs. hearing fee is assessed at rupees two hundred. das, j. 32 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori20; 49(1980)CLT487
..... beyond the scope of the reference and hascharacterised the agreement (ext. k-2) as 'invalid'. the learned arbitrator was conscious of the fact that he had been prohibited from considering anything pertaining to the agreement as he has quoted, in the award the order of the learned 'subordinate judge mentioned earlier. yet, firstly because of the ..... and they arise in the following background,2. orissa state electricity . board (hereinafter referred to as the 'board') is a statutory body created on 1st march, 1961. it is the sole monopolist for supply of electric power to the consumers in the state of orissa. in pursuance of its development scheme, government of orissa invited ..... . therefore, the award is wholly invalid and also vitiated by legal errors apparent on the face of the award'. in the petition under section 20 of the arbitration act (t. s. no. 36/70) although the defendant-company alleged that 'the defendants forced the plaintiff to sign an agreement (para 10) and other clauses of .....
Tag this Judgment!Court : Orissa
Reported in : 1981(8)ELT217(Ori)
..... did not justify a conclusion that the silver was intended to be sent to bombay within the specified area. according to the petitioner there is no prohibition on transport of silver bullion outside the specified area and no transport voucher is necessary to authorise such transport. without consideration of these aspects and without ..... confiscation is assailed on the following grounds :-(i) there is no material on record to come to the conclusion that three was violation of section 11k of the act or the specified goods (prevention of illegal export) rules, 1969 ;(ii) the entire proceeding is vitiated for gross violation of principles of natural justice ;(iii) ..... that the specified goods were being transported in a suspicious manner to bombay without cover of appropriate transport voucher and thus provisions of section 11k of the customs act read with rule 3(1) of specified goods (prevention of illegal export) rules 1969, had been violated. the noticees were, therefore, called upon to show .....
Tag this Judgment!Court : Orissa
Reported in : 53(1982)CLT305; 1982CriLJ534
..... commenced or otherwise not in the course of an investigation. as provided in section 25 of the evidence act, no confession made to a police officer shall be proved as against a person accused of an offence. the prohibition in section 25 is of a general nature and is not limited only to the confession of the ..... police station characterising it as an admission and admissible under section 21 and as a piece of conduct of the appellant admissible under section 8 of the evidence act coupled with the medical evidence pointing to the conclusion of a homicidal death, recorded the order of conviction. as observed by the learned sessions judge, even the ..... movements of and circumstances against the appellant, did not support the case of the prosecution and were cross-examined by the prosecution under section 154 of the evidence act. pw 6, the father of the deceased indramani, was examined to establish the strained relationship between the appellant and the deceased. his evidence would show the notoriety .....
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