Judgment Search Results Home > Cases Phrase: evacuee interest separation act 1951 repealed section 5 jurisdiction of competent officers Court: orissa Page 1 of about 11 results (0.112 seconds)

Srinivas Ramanuj Das Vs. the Commissioner of Income-tax

Court : Orissa

Reported in : AIR1966Ori135

..... assessment' is wide enough to include proceedings by way of assessment, appeals, references and revisions.it is unnecessary to further examine the rest of the clauses separately. it would be sufficient to say that section 297(2) purports to indicate the effect of repeal on previous matters in clearest terms. it provides for ..... shall apply; (j) any sum payable by way of income-tax, super-lax, interest, penalty or otherwise under the repealed act may be recovered under this act, but without prejudice to any action already taken for the recovery of such sum under the repealed act; (k) any agreement entered into, appointment made, approval given, recognition granted, direction, ..... legal position as to the applicability of section 6 of the general clauses act, when there is repeal of an enactment followed by a fresh legislation, is no longer in doubt. in (s) air 1956 sc 77 indira sohanlal v. custodian, evacuee property delhi; their lordships observed :' section 6 would be applicable in suchcases .....

Brundaban Chandra Dhir Narendra Vs. the State of Orissa in the Revenue ...

Court : Orissa

Reported in : AIR1953Ori121

..... faith and it is on him to show that the government deprived him of his estate under colour and pretence of protecting it in the public interest. they would be acting mala fide if they took it over for a purpose not authorised by law. but equally it is the duty of government while exercising statutory ..... not declare any proprietor to be disqualified under clauses (d), (e) and (f) of section 10, unless 'satisfied' that it is expedient in the public interest that his property should be managed by the court, and a statement to this effect shall be inserted in the declaration made by the provincial government under section 16.' ..... 1936, the different areas that had been amalgamated and constituted into one separate province were governed by the different provincial acts referred to above. the orissa court of wards act, 1947, adopted the definition of the word 'proprietor' and few other provisions, occurring in the madras act, and enlarged the scope of the word 'disqualification' in section 10, .....

Brahman Nijog, Vs. Badu Nijog and ors. and

Court : Orissa

Reported in : AIR2003Ori64; 94(2002)CLT755

..... suit would be an agreement and not a compromise in the suit and the proper thing for the parties in such circumstances is to enforce the agreement by a separate suit. thus, where the terms of compromise regarding partition of the movable and immovable properties of the defendant did not relate to the suit, such terms can ..... rise to the cause of action for filing the suits. 4. the contesting defendants are the trust board of lord lingaraj and the badu nijog. they have filed separate written statements challenging the maintainability of the suits on different grounds. badu sevaks have claimed in their written statement that earlier they had exclusive right to take the entire ..... deity lord lingaraj at the alter and since they have no interest in the said offerings and the offering is exclusive property of the deity, the learned subordinate judge could not have granted an order of injunction in view of section 41(j) of the specific relief act, 1963. it is contended by the learned counsel for the .....

Ananga Udaya Singh Deo Vs. Ranga Nath Mishra and ors.

Court : Orissa

Reported in : AIR2001Ori24

..... to get the election set aside by means fair or foul and the evidence of such witnesses, therefore, must be regarded as highly interested and tainted evidence which should be acted upon only if the court is satisfied that the evidence is true and does not suffer from any infirmity.'it is also submitted ..... the conduct of election rules, 1961. form 25 contemplates the various particulars as to the corrupt practices mentioned in the election petition being verified by the appellant separately under two headings : (i) which of the statements including particulars are true to appellant's own knowledge, and (ii) which of the statements including the ..... which is not enumerated as such in the aforesaid two articles and the relevant statutory laws. in the constitution, every topic has been arranged in a separate chapter and it is not expected that while prescribing qualifications and disqualifications for membership of parliament in chapter ii, the constitution-makers also intended to prescribe the .....

Biswabhusan Naik Vs. the State

Court : Orissa

Reported in : AIR1952Ori289; 18(1952)CLT227

..... department, makes a note that there is no objection to the sanction being granted, and that the hon'ble minister for commerce and law has seen the reports separately.finally, the note dated 3-11-48 of the hon'ble minister noted that the sanction as proposed may be accorded. it is extremely doubtful whether all these ..... instance, that in respect of a public servant against whom there are persistent reports of corruption, the sanctioning authority may think it desirable in the public interest and in his own interest that his character should be cleared up before courts, apart from whether a prima facie case is made out or not.59. it appears to me ..... of section 5. these clauses undoubtedly cover a very wide range.it is ordinarily desirable that prosecution of public servants for offence of criminal misconduct should mention the specific act or acts sought to be relied upon in proof thereof and to state, in cases falling under clauses (a) and (b), that all or such of the instances as .....

Chakko Bhai Ghelabhai Vs. State of Orissa and ors.

Court : Orissa

Reported in : 21(1955)CLT521; [1956]7STC36(Orissa)

..... that the levy of court-fees on his memorandum of appeal and revision petitions is ultra vires. finally, he contends that the opposite parties had no jurisdiction to make' twelve separate assessments under section 12(5) after service of a single notice in form vi. 3. the sales tax officer, patna circle, issued a notice on 21-7-1950 under ..... power to exclude the public in a proper case; (2) a provision that a member of the tribunal shall not take part in any decision in which he is personally interested, nor unless he has been present throughout the proceedings. it should be remembered, however, that there are tribunals with many of the trappings of a court which nevertheless are not ..... issued for the quarters 30-6-1948. to 31-3-1949 no fresh notice was necessary for the subsequent periods as the act does not contemplate a separate notice for each quarter before a penalty can be levied. 'the collector also seeks to justify the levy of court fees under rule 59, read with rule 62 of the .....

Chintamani Khuntia and ors. Vs. the State of Orissa and ors.

Court : Orissa

Reported in : AIR1994Ori46

..... service. it is not a secular activity which is associated with religious practices, but an integral part of the seva which cannot be separated from seva itself.19.1 there is an interesting feature in connection with the appropriation of 'bheta' and 'pindika', which is relevant in this connection. daitapatis are a class of ..... superintendent, jagannath temple, p.o. & dist, puri v. state of orissa, in which constitutionality of sri jagannath temple act, 1954 (act 11 of 1955) was challenged by the raja of puri.21. the beneficial interest enjoyed by a sevayat has been held to be 'property' within the meaning of article 19(1)(f) of the ..... be entitled to any share in the offerings placed in the hundi installed after the commencement of sri jagannath temple (amendment) act (act 10 of 1983) (hereinafter called '1983 amendment act'). the 1983 amendment act also provides for constituting a 'foundation fund' and section 28-c(9) makes similar restrictions for appropriation of any share credited .....

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... coming into collusion with each other, no repugnancy results; (iv) that where there is no inconsistency but the statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statute continued to operate in the same field.he has also placed reliance upon the decision of the supreme court ..... , cannot obtain restitution of the same, if it is not possible to return the property in which event he is entitled to the price of the property with interest at the rate of 5% upon his acquittal which provision begs the question as to whether a person accused of the offence be allowed to be deprived of the ..... and the cases are pending for more than one decade and the object and intendment of the state legislature in enacting the act is for speedy and expeditious disposal of the cases, which will serve the public interest to have a corruption free society in the state, we direct the special courts which are constituted under the provisions of .....

Laxmi Narayan Agarwalla and ors. Etc. Vs. State of Orissa and ors. Etc ...

Court : Orissa

Reported in : AIR1983Ori210

..... exercise of concurrent legislative powers and in the distribution of powers of taxation.9. the lists contained in the 7th schedule to the 1935 act provided for distinct and separate fields of taxation.the concurrent list contained no entry relating to taxation but provided only for lees in respect of matters contained in the ..... in three legislative lists, the division between parliament and state legislatures depending broadly on their national and local importance, with the third fist containing subjects of common interest. today, list i. union list--comprises 96 heads or subjects; list ii being the state list comprises 62 heads or subjects while list iii comprises 52 ..... list i requires a declaration by parliament by law that regulation and development of mines should be under the control of the union in public interest. therefore, if a central act has been, passed, for the purpose of providing for the conservation and development of minerals, and if it contains the requisite declaration, .....

State of Orissa Vs. Member, Sales Tax Tribunal and anr.

Court : Orissa

Reported in : 37(1971)CLT897; [1971]28STC652(Orissa)

..... case. it applies to cases where there is repugnancy between the provisions of two separate statutes or in separate provisions in the same statute. the present case is not one of that category. before the 1968 act, there was no provision in the 1947 act conferring power on any authority to grant stay during the pendency of the second ..... disposing of any appeal under sub-section (1), may-- (a) confirm, reduce, enhance or annul the assessment or the penalty or interest, if any ; or(b) set aside the assessment or the penalty or interest, if any, and direct the assessing authority to pass a fresh order after such further enquiry as may be directed. 8. mr. ..... mohapatra, the learned standing counsel advances the following contentions:(i) the act contains no express provision conferring power on the tribunal to grant stay .....