Court : Orissa
Reported in : 57(1984)CLT188; 1984(I)OLR168
..... lessee has acquired the rights of a raiyat under the 'orissa land re forms act, 1960, prior to the commencement of the orissa estates abulition (amendment) act, 1978, shall be settled with the intermediary under clause (b)'and section 7.a was substituted by the following:'7-a (1) if the state government are of the opinion that any land, whether used for the porpose of hat, bazar, orchard, mine, quarry or otherwise, tank or ..... purposes shall not be deemed to be a reservation of a pecuniary benefit to any individual within the meaning of this clause,'and clause (d), insetted after clause (c) in section 7 of the principal act was as follows :(d) in the case of a trust estate, so much of the waste land and such of the tanks in the possession of the intermediary, which in both cases were being exclusively used ..... repeal-where any orissa'act repeals any enactment hitherto made, or hereafter to be made, then unless a different intention appears, the repeal shall not-(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder;(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed, or(d) affect any penalty ..... state of orissa, ilr cut (1953)71:'the trend of economic and political thought of the nation has insisted upon the abolition of zamindari tenure and the elimination of ..... 1953 .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR376
..... after the re-rolling mill was handed over to the petitioner on 25.3.1994, the petitioner applied for registration under the orissa sales tax act and the central sales tax act, but the applications for registration were rejected and instead, the petitioner was asked to deposit a sum of rs. ..... the further case of the petitioner in this writ petition is that as a result of such delay in grating the sales tax registration certificate for almost two years, the petitioner was not in a position to run the re-rolling mill purchased from the o.s.f.c. ..... 4173 of 1996 and holds that the petitioner was not really liable for the dues of the previous owner and that the orders of rejection passed by the sales tax authorities were illegal, the question of entertaining any claim of the petitioner for the loss said to have been suffered by it on account of the said orders passed by the sales tax authorities does not arise. ..... under section 29 of the state financial corporation act, 1951. ..... the petitioner purchased the assets for the re-rolling mill situated at a-3, industrial estate, kalunga, district - sundargarh from the orissa state financial corporations (for short, 'the o.s.f.c. ..... provisions of the industrial policy resolution, 1992 of the state of orissa and in particular, clause-14.2 thereof, sales tax dues payable by the previous owner shall not be realizable from the transferee of the units transferred under section 29 of the state financial corporations act, 1951 by the o.s.f.c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori101; 19(1953)CLT491
..... this is evident from the fact that by section 2 of the amendment act of 1951 a new subsection was added after sub-section (4) of section 1 of act 3 of 1948.this new sub-section numbered as '(5)' reads as follows:'(5) (1) for the purpose of the merged states areas to which this act has been extended by the orissa merged states (laws) act, 1950: (i) for the words, letters and figures '1st day of september, 1947' wherever they occur the words, letters and figures '1st day of august, ..... as already pointed out this sub-section specifically says that the special laws or customs prevailing in an area where the madras estates land act or the orissa tenancy act does not apply (like the state of khandapara) shall be taken, into consideration in applying the act.it may be noted that even in the state of orissa the act does not apply to some areas notably the district ..... article 4 of the order provides for the continuance of all laws in force in a merged state until repealed, modified or amended, by a competent legislature.article 8 which is important runs thus: 'without prejudice to the special provisions contained in article 7 any contract, made or deemed to be made, before the appointed day by, or on behalf of, the dominion for purposes connected with the governance of a merged state shall, as from that day, have effect as if it has been made by, or on behalf of, the ..... the petitioner to show cause why the penalty of fine under section 10 of the said act should not be imposed on him. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori127; 20(1954)CLT536
..... there it was pointed out that for the purpose of deciding whether killa kanika was an 'estate' within the meaning of section 2(g) orissa estates abolition act, one has to examine whether it was an 'estate' as defined in section 3(2)(a), bengal land registration act, 1876 and in section 3(7), orissa tenancy act.in the present petition also the same reasonings apply and the success or failure of the petition will ultimately depend on whether killa aul is any land subject to the payment of land revenue for the discharge of which a separate ..... he also invited my attention to section 37 (since repealed) where while referring to the territory of mayurbhanj it was stated that the collector of the zilla should conclude a settlement with the proprietor of that estate for the payment of a fixed annual 'quit rent'.but as against this argument, it should be pointed out that regulation 36, while extending to the whole of the conquered territory of orissa including killa aul, the regulations in force in the ..... state of orissa', air 1953 orissa 185 (a), which have been negatived by the supreme court on 29-5-1953, vide -- 'gajapati narayan deo v. ..... 1 of 1953 (orissa) (c).for the purpose of this petition, however. ..... state of orissa', air 1953 sc 375 (b). ..... 1 of 1953 (orissa) (c), the same question has been discussed at some length in respect of killa kanika which is adjacent to killa aul. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... buildings used primarily as office or kut-chery for the administration of the estate (section 2 (i)), or for collection of rent of such estate or as rest houses for estate servants on duty or as golas for storing rent in kind or part thereof (section 5(i) and section 6 (1)) ..... 28 of 1951 (22) raisingthat question separately and in a direct form.by our recent judgment delivered, therein on12-1-1953, we have held that the orissa tenantsprotection act, as such, is not open to any ofthe constitutional objections thereto raised ..... prevented from) making full use of their resources and from enhancing their average income during the period commencing from 1947 and ending on the date when the notification under the abolition act is to be issued, while the gross assets taken for computation of compensation under section 26(2) of the act are the assets or income from various sources as they obtained 'in the previous year' that is, the agricultural year preceding the date of the notification ..... the main contention raised before us relating to the orissa agricultural income-tax (second amendment) act, 1950 (act 15 of 1950), it is to be noticed that under section 27(l)(b), any sum which was payable in respect of an estate as agricultural income-tax in 'respect of any agricultural income derived from such estate during the previous agricultural year, is one of the items of deductions from the gross assets as calculated under section 26(2), in order to arrive at the basic net income with reference to which the .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR559; (2008)15VST186(Orissa)
..... petition has prayed to quash the orders dated 17.8.2004 and 16.11.2002 under annexures-1 and 8 respectively, as the same are violative of principles of natural justice as well as violative of proviso to sub-section (5) of section 16-d of the orissa sales tax act.learned counsel for the petitioner submits that the order passed by the sales tax officer under annexure-8 is not in consonance with the provisions as laid down in the aforesaid proviso as there was no assessment order ..... passed in the prescribed manner and that the order was passed by the sales tax officer demanding the tax and penalty is in terms of the proviso to sub-section (5) of section 16-d without giving the ..... mancheswar, industrial estate, bhubaneswar, voluntarily came forward and appeared before the revenue authorities who detained the vehicle and claimed ownership of ..... mancheswar, industrial estate, bhubaneswar to whom goods were to ..... , industrial estate, bhubaneswar was ..... , mancheswar industrial estate, bhubaneswar, the vehicle instead of unloading the goods at bhubaneswar came ..... mancheswar, industrial estate, bhubaneswar and was covered by waybills ..... mancheswar, industrial estate, bhubaneswar, which were carried by the ..... industrial estate, ..... industrial estate, ..... industrial estate at .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT573; (1999)IIILLJ1429Ori
..... the refusal is on the ground that though earlier there was such scheme under the erstwhile orissa state electricity board ('oseb', for short), yet the same is no more available because of the repeal of the orissa state electricity board service (rehabilitation assistance) regulation 1992, by notification of the said board dated march 27, ..... 1938 patna 539, the law on the subject was stated thus: statutes which confer upon a public body or offer power to act for the sake of justice, or which clothe a public body or officer with the power to perform acts which concern the public interest or the rights of individuals, are generally regarded as mandatory, although the language is permissive merely since they are construed as imposing duties rather than conferring privileges. ..... counter the opposite party-gridco has taken the stand that the 1992 scheme has been repealed by notification dated march 27, 1996 of the orissa state electricity board. ..... mohanty, learned counsel for the petitioner, strenuously urged that notwithstanding the repeal of the regulation the petitioner is entitled to be rehabilitated since the gridco is a public sector undertaking under the state of orissa and by virtue of clause (iv) of rule 11 of the orissa civil services rehabilitation assistance rules, 1990 (for short, 'the rehabilitation assistance rules') the scheme is also applicable to the employees of the public sector undertakings under the ..... by our order direct revival of the repealed scheme and its provisions. .....
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT517; 1997(II)OLR1
..... merely because his application-was received beyond the date prescribed, on technical ground his case should not be thrown out without consideration.the learned counsel for state submitted that considering the concerned aspects requirement of making publication in the newspaper was waived and the only requirement was to notify in the official notice ..... the effect of several decisions on the question of jurisdiction have been summed up by grahme aldous and john alder in their book 'applications for judicial review, law and practice' thus : 'there is a general presumption against ousting the jurisdiction of the courts, so that statutory provisions which purport to exclude judicial review are ..... while fair play is an essential ingredient in accepting and in awarding a contract, similarly 'fair play in the joints' is also a necessary concomitant for an administrative body functioning in an administrative sphere or quasi-administrative sphere.discretion, lord mansfield stated in classic terms in john wilke's case (1970) 4 burr 2528, meant sound one governed by law and guided by rule, not ..... the extent of the duty to act fairly will vary from case to ..... a bare reading of the conditions contained therein, the position is crystal clear that a person to be considered eligible for the purpose shall preferably be a pharmacist either with a degree or diploma in pharmacy, a person having previous experience of running a medical store shall be given preference if he can furnish documents in support .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR545
..... 'applying the principles laid down in the case referred to above to the statute in question, it is expressly provided under section 1(4) of the act that it shall cease to have effect on the 4th day of may, 1981 except as respects things done or omitted to be done before the expiration there of and section 5 of the orissa general clauses act 1 of 1937 shall apply upon the expiry of this act as if it had been repealed by an orissa act. ..... according to the petitioners the orissa house rent control act, 1967 (orissa act 4 of 1968), as provided under section 1(4) thereof and as amended by orissa act 10 of 1974 was to cease to have effect on the 4th day of may, 1981; since on the 4th day of may, 1981 the act had already ceased to have effect the amending act, orissa act 15 of 1981, under which the life of former act was intended to be extended till 4th may, 1988 could not achieve that purpose and ..... in these circumstances, according to the learned counsel for the petitioners the proper answer to the question should be in the affirmative.the learned counsel for the opposite parties and the learned additional government advocate appearing for the tribunals contend that the word shall cease to have effect on the 4th day of may, 1981', fairly construed would include the words 4th day of may, 1981'. ..... if a penalty had been imposed upon a person, the imposition of the penalty would survive the expiration of the statute. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR176
..... shri swain, learned counsel for the petitioner submitted that rule 30 (k) of the orissa education (establishment, recognition and management of private schools) rules, 1991 (corresponding to rule 9 (a) of the orissa education (management of private schools) rules, 1980, since repealed), provides that the managing committee shall make appointment of teaching and non-teaching staff in accordance with the provisions contained in the education act, rules and instructions of the department. ..... after careful consideration of the various aspects, government have now been pleased to decide that the standard staff both teaching and non-teaching for different categories of non-government secondary schools shall be as follows :(a) for the schools having no additional sections :category of staff 3 class 5 class 7 classxx xx xx xx9. ..... , deputy secretary to governmentto the director of public instruction (s), orissasub : fixation of standard staff for the non-government secondary schools,sir,i am directed to say that the quetion of fixation of standard staff for the non-government secondary schools has been felt necessary by the government due to introduction of the revised syllabus under 10 years schools pattern. ..... he joined the post on 18.12.1991 and has been discharging his duties as such from that day without any break. .....
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