Court : Orissa
Reported in : 2001(I)OLR87
..... the ground on which it is made and such other particulars as may be prescribed.'it is pertinent to mention here that clause (aa) was introduced by way of amendment on 21.8.1985.8. the apex court in the case of maharashtra state financial corporation v. jaycee drugs and pharmaceuticals pvt. ltd. and others, j.t. ..... applicable to all applications before a court (vide a.l.r. 1977 sc 282 (kerala state electricity board v. t.p. kunhaliuma). mr. mohanty appearing for the corporation also does not dispute that article 137 of the limitation act is applicable.'on the basis of the submissions made on behalf of the parties, this court dismissed the ..... and 2 appeared and filed their joint objection. apart from disputing the amount claimed, they also challenged the legality of invocation of the power under section 31 of act. it was contended that as the corporation parted with hypothecated vehicle without giving any notice to the surety-respondent no. 2, the guarantor stood discharged from his .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT285; [2004]134STC314(Orissa)
..... provided in case there is only one purchaser provided the sale is effected in course of movement. the orissa act was amended substituting the definition of 'sale' with effect from 7.4.1984. by the said amendment, materials used in execution of works contract were brought within the definition of sale.4. in the above background ..... , however, while issuing the registration certificate under the orissa act, mentioned 'nil' in co). no. 3, which states, 'the dealer intends to use the following goods in the manufacture/processing of goods for sale or in mining or in the generation or distribution of electricity or other form of power inside the state of orissa'. ..... 'nil' was also. mentioned in clauses (a), (b), (c), (d) and (e) of the registration certificate under the central act. being aggrieved, the petitioner filed an application before the registering authority, .....
Tag this Judgment!Court : Orissa
Reported in : 1997(II)OLR259
..... been prescribed for an application under section 31 of the act, the same will be governed by article 137 of the limitation act. it is now settled that article 137 of the limitation act is applicable to all applications before a court (vide a.i.r. 1977 s.c. 282 - keral state electricity board v. t.p. kunhaliuma). mr. mohanty appearing ..... right to apply under section 31 of the act accrued only after issuance of notice dated november 16, 1989 and ..... for the corporation also does not dispute that article 1 37 of the limitation act is applicable.8. mr. mohanty has urged that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori17; 54(1982)CLT429
..... (supra), a lucid statement of the law has been made by the division bench thus (at p. 132):--'.. .. .. the effect of that amendment (insertion of the explanation in section 141 by the civil procedure code (amendment) act, 1976) is that the procedure prescribed by the code does not apply of its own force to proceedings under article 226 of the constitution. it ..... article 226 of the constitution not because of any legal compulsion to do so but because that procedure complies with the rules of natural justice.. ...'in the case of heavy electricals employees' union v. state industrial court, m. p., indore (air 1976 madh pra 66 at p. 68) (supra), it has been held :--'... ... ... even though the provisions ..... air 1966 all 255; mrs. j.k. pritam singh v. state of punjab, 1967 serv lr 251 (punj); sewa singh v. state of punjab, 1968 serv lr 204; heavy electricals employees' union v. state industrial court, m. p., indore, air 1976 madh pra 66; hans raj sood v. state of h. p., air 1978 him pra 63; l. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori378
..... could presumably have been within its contemplation.'the same principle of construction has also been adopted in a pull bench case of the patna high court relating to the inheritance amendment act 1929 - see 'bhagwat narain v. srinavas', air 124) 1937 pat. 113, at p. 121, and also by chief justice sir courtney terrell in 'punyabrata das v ..... a construction. as pointed out by my lord the chief justice the privy council while construing the words 'dying intestate' occurring in the hindu law of inheritance (amending act of 1929) pointed out that those words do not necessarily connote the future tense but that they are descriptive of the status of the deceased and have no ..... , claimed the share of her deceased husband. my lord the chief justice took the view that though the hindu women's rights to property act, 1937 (act xviii of 1937) as amended by the amending act of 1938 (act xi of 1938) was not retrospective in the broad sense in which it is ordinarily understood yet there was nothing in that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori176; 34(1968)CLT594
..... iv (sections 29-4d registration of pharmacists) and chapter v (sections 41-46 miscellaneous) of the pharmacy act. 1948 (central act viii of 1948) as the act stood before its amendment by the pharmacy (amendment) act, 1959 (central act 24 of 1959) could come into force after the expiry of the time-limit of three years without prior ..... remain irregular. the intention of the legislature is clear from the omission of the words 'not later than three years from the commencement this act' by the amendment act 24 of 1959. this confirms the view--which we accept to be correct--that prior notification by the state government for enforcing the said chapters ..... sections ......... as the state government may by notification in the official gazette, appoint.' these provisions in the electricity (supply) act are in pari materia the same as section 1(3) of the pharmacy act before amendment, which we are considering the learned government advocate's point is that without notification by the state government in .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT165; 1999(II)OLR25
..... 243c and 243k of the constitution of india, orissa grama panchayat (amendment) act, 1995, particularly sections 9 and 27 thereof, sections 37 and 39 of the orissa grama panchayat act, 1964 and orissa grama panchayat election rules, 1965 as amended by orissa grama panchayat election (amendment) rules, 1995.17. patiently, we have considered the submissions made ..... kurujanga grama panchayat. the election of opp. party no. 1 was declared void in view of rule 39 (i)(e) of the orissa grama panchayat act, 1965. a vacancy was created in the post of sarpanch of kurujanga grama panchayat. in appeal the appellate authority has affirmed the judgment of the trial ..... reported in air 1978 sc 851 (supra). in this decision it has been highlighted as to the provisions of the constitution- the two representation of peoples act and the rules framed thereunder- instructions issued and exercises prescribed constitute the package of electoral law governing the parliamentary and assembly elections in the country.9. .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... 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 ..... gave rise to unjust results which legislature never intended, the grammatical meaning alone was kept to prevail. they said that it would be for the legislature to amend the act and not for the court to intervene by its innovation.during the last several years the 'golden rule' has been given a go-by.'pointing out the ..... of punishments. but on technical grounds, drug offenders were being released on bail. in the light of certain difficulties faced in the enforcement of the act, the need to amend law to further strengthen it was felt necessary. restrictions were put by the legislature on grant of bail relating to offences which carry punishment of five .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR321
..... with the object sought to be achieved. the stand of the state government that 1.4.1981 has been taken as the cut off date because of the amendment to clause-20 of chapter- ix of the board's regulations is no correct, inasmuch as, the relevant clauses of chapter-ix of the board's regulations were ..... no costs.'5. counsel for parties urged the following points :(i) after regulations were made by the board of secondary education under section 21(ii) of the orissa secondary education act, 1953, the qualification for p.e.t. in the non-government secondary school was matric with c.p. e.d. (vide clause 20- a of chapter-ix of ..... provisions of the erstwhile orissa education code because all the writ petitioners have come to be appointed after the enforcement of the orissa secondary education act, 1953. as provided under section 3 of the said act, the state government constituted orissa board of secondary education to regulate, control and develop secondary education in the state. under section 21, the .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT346
..... promotion to the rank of s.e. level-ll along with other eligible candidates on the basis of the placements given to them keeping in view the 85th amendment of the constitution.5. a perusal of the above quoted contents of paragraph-19 of the aforesaid counter affidavit shows that inter se seniority position of the officers ..... position in the rank of executive engineer has to be fixed on the basis of resolution dated 20.3.2002 which has been issued keeping in view the 85th amendment of the constitution. the opp. parties 3 to 9 being senior to the petitioner in the rank of assistant executive engineer are eligible to be placed above the ..... executive engineer is governed by orissa reservation of vacancies in posts and services (for scheduled caste and scheduled tribe) act, 1975 according to which the promotion to class-l post in the lowest rung is governed by the act meaning thereby that the reservation clause would be applicable to the post of assistant executive engineer. further it has been .....
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