Court : Orissa
Reported in : AIR1999Ori230; 1999(I)OLR151
..... case the stand of opposite parties 1 and 2 that by 6-6-1996 the cancellation proceeding of the lease hold area of omprakash agrawal being still pending, the petitioner's application for lease of an area of 10.615 hectares was not eligible for consideration inasmuch as out of the same an area of 9.356 hectares was overlapping with the area leased out to said omprakash agrawal and for that the available area of 1,259 hectares was offered to be leased ..... (iv) whether the state or the public authority granted equal treatment and made a fair play in the whole of the transaction. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori183; 86(1998)CLT338; 1998(II)OLR157
..... it was intended that a part of the proceeds of such loan would be applied to eligible payments under contract for supply of tower structures and fixtures, power conductor and insulator and hardwares for different transmission line scheme in orissa. ..... (iv) whether the state or the public authority granted equal treatment and made a fair play in the whole of the transaction. ..... it granted equal treatment and made a fair play in the whole of the transaction. .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT671
..... gives the following benefits to the industries depending on their locations for specific period from the date of their going into commercial production :(a) all new, inter alia, large industrial units in different zones will be eligible for exemption for specific periods from payment of sales tax on its purchases, namely,(i) all spare parts of machineries, (ii) raw materials, and(iii) packing materials, basing on which a certificate by the director of industries upon furnishing ..... , cement was first despatched to its own cement project at hirmi in the district of raipur as inter-state transaction on september 10, 1993. ..... the petitioner was eligible to get refund of such amount or to adjust against any other payment due against it. ..... the director of industries had issued the eligibility certificate. .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT681; [1999]97CompCas182(Orissa)
..... the stock exchange instead of carrying out the direction of the central government, illegally squared up the transaction, carried forward the same to the next settlement and imposed a penalty of rs. ..... it is also submitted that on expulsion of membership of the exchange the petitioner has ceased to meet eligibility criteria stipulated for registration of brokers under rule 4(a) of the securities and exchange board of india (stock brokers and sub-brokers) rules. ..... since the stock exchange has the responsibility of regulating the transactions and consequently make payments through the clearing house of the stock exchange, no fault can be found with the stock exchange either for suspending or expelling the petitioner or auctioning the card of the petitioner for ..... 1 compelling him to pay margin money by compulsorily carrying forward the transactions of fifth settlement to sixth settlement of 1993. ..... it was an act to prevent undesirable transactions in securities and regulation of business dealing therein by prohibiting options and by providing for certain other matters connected therewith. ..... the details of transaction have been given and it is stated that non-delivery of shares despite demands by the investors amounts to default on the part of the members who sold it. ..... but retention of membership is certainly dependent upon compliance with certain eligibility criteria. .....
Tag this Judgment!Court : Orissa
Reported in : 1997(II)OLR319
..... it is claimed by the petitioner that in spite of such payment made by him and in spite of the fact that he is eligible to the debt relief under annexure-2, the bank has published the auction notice in newspaper on 17.10.1996 notifying that the gold ornaments belonging to the petitioner would be auctioned on 26.10.1996. ..... in fact, the transaction with the bank can be said to be covered under the provisions contained in section 172 and as such is subject to the subsequent provisions of the contract act as contained in sections 173 and 174 thereof. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori2
..... the international airport authorityof india, air 1979 sc 1628, it was submitted that in view of the corrigendum issued, the state was bound by the eligibility criteria set by it and was not justified in departing therefrom and preferring to an imported plant. ..... what is being done is in fact in ceepingwith the established mode of international transaction where payments are to be made on the basis of the exchange rate on the relevant day. .....
Tag this Judgment!Court : Orissa
Reported in : 1997CriLJ1816; 1996(II)OLR576
..... it essentially means statements made by a person as to the cause of his death or as to the circumstances or the transaction resulting in his death, the grounds of admission are ; firstly, necessity for the victim being generally the only principal eye-witness to the crime, the exclusion of the statement might defeat the ends of justice; ..... then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation. .....
Tag this Judgment!Court : Orissa
Reported in : 1996(87)ELT349(Ori)
..... nalco, themselves would not have been eligible for duty exemption for contravention of the conditions of notification no. ..... the competent authority was satisfied, with the bona fides and validity of the same and decided hot to cancel the licence, but wrote a letter to the effect that the transaction has been regularised. ..... 203/92, it is prescribed that in order to be eligible for duty exemption, the export obligation is to be discharged by not obtaining any input stage credit and other benefits as stipulated on any of the inputs used in the manufacture of goods exported. ..... that input stage credit under rule 57a of the central excise rules should not be availed in respect of 'any of the inputs' used in the manufacture of exported goods to make import licences under the said rule eligible for transfer.5. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori157; 81(1996)CLT540
..... certain criteria for submission of applications were indicated which essentially are as follows:(i) a person having requisite qualification may apply for running a medical store in government hospital;(ii) a person to be considered eligible for the purpose shall be a registered pharmacist either with degree or diploma in pharmacy but a person who can engage a pharmacist irrespective of whether he himself is a pharmacist or not may be considered;(iii) an unemployed person having previous experience of ..... the government, different considerations arise, and at that stage the state acts purely in its executive capacity and is bound by the obligations which dealings of the state with the individual citizens import into very transaction in exercise of its constitutional power. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR655
..... non-teaching staff of the aided schools, their scheme for pensionary benefits, the impact of the government scheme for pension as in the case of government employees if made applicable to them and their eligibility criteria, their period of service to get the larger amount of pension and various other factors should also be taken notice of and a proper scheme has to be framed for pension. ..... envisages inter alia: 'aided educational institution' means a private educational institution which is recognised by and is receiving aid from the state government and includes an educational institution covered by the list of educational institutions eligible to receive aid as may be drawn by the state government from time to time under the scheme regulating government grant-in-aid to educational institutions for payment of teachers' salaries.'9. ..... section 1138 (2) of the german civil code provides that a transaction is void 'when a person' exploits 'the distressed situation, inexperience, lack of judgmental ability, or grave weakness of will of another to obtain the grant or promise of pecuniary advantages............which are obviously disproportionate to the performance ..... the supreme court considered section 23 of the contract act vis-a-vis the expression 'opposed to public policy' as being not defined in the contract act and as to the scope of transactions falling thereunder varying from time to time. ..... not apply where both parties are businessmen and the contract is a commercial transaction. .....
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