Court : Orissa
Reported in : 2009(II)OLR8
..... or co-operative society registered either under the madras co-operative societies act, vi of 1932 or the bihar and orissa co-operative societies act, vi of 1935, as the case may be, of any other public body or institution;(ii) any such transaction in respect of private land forest land entered into prior to the 30th day of november, 1947, in favour of any person in good faith and for valuable consideration;(2) if any dispute arises as to the validity of the claim of any ..... of april, 1946, shall be void and inoperative and shall not confer to take away or be deemed to have conferred to take away any right whatever on or from any party to the transaction:provided that nothing contained in this sub-section shall be deemed to invalidate:(i) any such transaction in respect of private land or forest land entered into prior to the 30th day of november, 1947, in favour of any religious, charitable or educational institutions or of any hospital or of any local authority ..... (3) the district judge to whom an application is made under sub-section (2) shall, after giving notice to all the persons concerned in the transaction or interest in the land and also where the application is not made by the (state government) to the state government, decide whether the claim to the land is valid or not, and his decision shall be final and ..... therefore, the petitioner was not eligible for grant of the alleged land by way of lease. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT296
..... operative society registered either under the madras co-operative societies act, vi of 1932 or the bihar and orissa co-operative societies act, vi of 1935, as the case may be, of any other public body or institution;(ii) any such transaction in respect of private land or forest land entered into prior to the 30th day of november, 1947, in favour of any person in good faith and for valuable consideration;(2) if any dispute arises as to the validity of ..... 1946, shall be void and inoperative and shall not confer to take away or be deemed to have conferred to take away any right whatever on or from any party to the transaction:provided that nothing contained in this sub-section shall be deemed to invalidate-(i) any such transaction in respect of private land or forest land entered into prior to the 30th day of november, 1947, in favour of any religious, charitable or educational institution or of any hospital ..... (3) the district judge to whom an application is made under sub-section (2) shall, after giving notice to all the persons concerned in the transaction or interested in the land and also where the application is not made by the (state government) to the state government, decide whether the claim to the land is valid or not, ..... section 4 of the act states that after the 1 st day of april, 1946 any of the transactions of the nature prohibited by section 3 shall be void and in-operative and shall not confer or take away or be deemed ..... the petitioner was not eligible for grant of the .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT185; 2010(I)OLR54
..... to be done all that is within their authority, power or control and they shall jointly and severally liable for and ensure that the following is duly done/complied with/accomplished:(i) after the conclusion of the transactions contemplated in this agreement the company shall continue to retain the services of all the permanent employees of the company who are in employment of the company as on the closing date and shall not retrench and/or terminate ..... the petitioner has possessed matriculation certificate and is otherwise eligible for being posted to the said post. ..... (iv) after the conclusion of the transactions contemplated in this agreement, all loans and advances given by the vendor to the company (after 3.12.02) guarantees, undertakings, indemnities and/or securities provided by the vendor, and any mortgage, hypothecation, lion, pledge charge or any other .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT808
..... if the rules are silent, it is further held, it can stipulate such terms as deem fit & proper for regulating its transaction & dealing. .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT802
..... the statement of a dead person is admissible in law if the statement is as to the cause of death or as to any circumstance of the transaction which resulted in her death, in a case in which the cause of death comes into question. ..... to form particular statement as part of the same transaction utterances must be simultaneous with the incident or substantially contemporaneous that is made either during or immediately before or after its occurrence. ..... the hon'ble supreme court held that the rule res gestae means a fact which, though not in issue, is so connected with the fact in issue 'as to form a part of the same transaction' & becomes relevant by itself. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR976
..... rule 12(4) of the central sales tax (orissa) rules (for short 'cst (o) rules') and while allowing deferment of payment of sales tax, demanded cst and surcharge in respect of certain sale transactions, due to non-submission of requisite form-'c against sale of ferro chrome.being aggrieved by the orders of assessment for the years 2000-01 to 2003-04, passed by the sales tax officer, ..... of sales tax on raw materials, spare parts, and finished products of small, medium, large scale and pioneer industrial units:new small, medium and large scale industrial units including pioneer units will be eligible for exemption of sales tax on raw materials, spare parts, and finished products for a, period of 5 years subject to a ceiling of 100 percent of fixed capital investment if the unit is ..... it is submitted that under the ipr-1992 and the subsequent notifications issued under ost act and cst act, as the director of industries is the competent authority to certify the eligibility and entitlement of a industrial unit to avail the incentives of deferment of payment of sales tax for five years from the date of actual commencement of commercial production, the ..... . accordingly, the said authority having certified that the petitioners unit had commenced commercial production and sale of its own product with effect from 20.1.2000 and is eligible to get the benefit of deferment of sales tax, the same could not have been interfered with and/or denied by the assessing officer, while exercising .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT782
..... division of assets debts or liabilities to be made hereunder or as to any act deed or commission of either partner or as to any act which ought to be done by the partners in dispute or as to any other matter in any way relating to the partnership business or the affairs & transactions thereof or the rights, duties or liabilities of either partner under these presents shall be referred to two arbitrators one to be appointed by each party to the difference in accordance with & subject to the provisions of the indian arbitration act, or ..... 1960 mad 457, it was held that when there are more than two partners in a firm & one of the partners severs his connection with the business & the other partners continue the business as a firm, the transaction of severance can be appropriately described as one of retirement ..... rather the transfer is a private transaction basing on which the government may, if satisfied, sanction a grant, but there is a clear instruction from the government that such an instrument need be registered. ..... as a result, the same could not be registered & the transaction was not completed. .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT766
..... is not complete & in the absence of more than one member business cannot be transacted, is fallacious & erroneous. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR938
..... there is no evidence at all as to whether the shop was closed or open or who was present in the shop or who was transacting the business therein at the relevant time. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR913
..... it is open to the state government either to pass executive order under article 162 strictly following the business transaction rules or frame the regulation in exercise of its executive/legislative power.8. .....
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