Court : Orissa
Decided on : Mar-13-1973
Reported in : AIR1974Ori75
..... it may be stated at the outset that in the writ application, exception had been taken to the validity of clauses (e) and (f) of sub-section (1) of section 6 of the principal act. section 6 provides for the constitution of a committee for the management of the temple and it provided in clauses (e) and (f) that three persons were to ..... contravened must, therefore, be rejected.11. the next question is whether either or both the provisions affect the finality given to the record-of-rights under section 6 of the act of 1952. taking section 15-b first, it provides that any sevak other than the raja may make an application to the administrator to effect any change in the entry ..... authority or a forum is not a fundamental right. in respect of the objection taken to the validity of clause (b) of sub-section (5) of section 30-a introduced by section 14 of the amending act it is stated that it is based upon a misconception of right guaranteed in the constitution. a person may have a right to sell .....
Tag this Judgment!Court : Orissa
Decided on : May-07-1973
Reported in : AIR1974Ori37
..... of rent in kind to fair and equitable rent. on the other hand it is possible that the matter may be covered by section 15 of the act. the first part of sub-section (9) of section 4 limits the liability of the raiyats in the matter of payment of rent to the landlord. when there is a dispute regarding ..... ground, therefore, is overruled.4. in the writ applications as framed and in the arguments as advanced by counsel for the petitioners, the provision of section 4 f9) of the act has been impugned as being violative of article 14 of the constitution. this contention has two facets:--(1) the provision discriminates between landlords receiving rent in cash ..... disposal of writ proceedings provide to the contrary -- applies. in these cases, two common questions have been raised for adjudication:--(i) ultra vires character of section 4 (9) of the act, and(ii) unworkability thereofonce the code applies. rules 1 and 3 of order 1 would be applicable and several common questions of law and fact relating .....
Tag this Judgment!Court : Orissa
Decided on : Feb-05-1973
Reported in : AIR1973Ori244; 1976CriLJ405
..... apprehension that the court may impose substantive punishment and may refuse bail or time to the appellant for getting redress from this honourable court.' under section 19(3) of the act where any person aggrieved by any order against which an appeal may be filed satisfies the high court that he intends to prefer an appeal, ..... and from the advice of the ministers. this was how diarchy in administration was introduced. the 1930 rules were framed under the 1915 act, as amended by the 1919 act.in section 134(4) of the 1915 act 'local government' was defined as follows;' 'local government' means, in the case of a governor's province, the governor-in-council ..... high court under article 235 of the constitution; otherwise the order of suspension passed on bagchi by the governor would have subsisted. on application of section 16 of the general clauses act read with article 367(1) of the constitution, a different intention appears. the control vesting in the high court being absolute ovep the district .....
Tag this Judgment!Court : Orissa
Decided on : Jan-19-1973
Reported in : AIR1973Ori232; 39(1973)CLT243
..... he seeks the relief, he has acted in an unfair or unequitable manner, he cannot have this type of relief. the views expressed and the principles enunciated on this question in the decision in air 1940 lah ..... governed by the aforesaid equitable principles. in the above view of the matter, the plaintiff who asks for an injunction must be able to satisfy the court that his own acts and dealings in the matter have been fair, honest and free from any taint or fraud or illegality, and that if, in his dealings with the person against whom ..... right in digging a nala or doing anything on the suit land, much less to damage and/or adversely affect the plaintiff's land in any manner, the court below acted illegally in not granting the plaintiff's prayer for a permanent injunction restraining the defendants from digging a nala on the suit lands belonging to the plaintiff and/or from .....
Tag this Judgment!Court : Orissa
Decided on : Jun-01-1973
Reported in : [1974]33STC430(Orissa)
..... assessee is a registered dealer dealing in electrical goods, automobile parts, wireless sets, furniture, etc. for the year 1966-67, it was assessed under section 12(2) of the act. while the assessing officer was dealing with the assessment of another dealer, on cross verification, a suppression of purchase in the assessee's account was noticed ..... detected?' and the member, sales tax tribunal, has referred the two questions already extracted above to this court.3. the original assessment completed under section 12(2) of the act on 24th june, 1968, was not on the record. during argument, the asses-see's counsel provided us with copies thereof with the consent ..... prescribed manner' the learned judges of the supreme court have said:. in our opinion, the phrase 'in the prescribed manner' occurring in section 8(4) of the act (central sales tax act) only confers power on the rule-making authority to prescribe a rule stating what particulars are to be mentioned in the prescribed form, the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-22-1973
Reported in : AIR1974Ori52
..... . but there the area of opinion ceases, x x x' in air 1950 fc 59 (lakhi naravan das v. province of bihar) their lordships examined section 88 of the government of india act, 1935. that section, so far as relevant, is as follows: '88(1) if at any time when the legislature of a province is not in session the governor is ..... good government of british india or any dart thereof xx xx'section 72 of the government of india act, 1919 and section 72 of the government of india act, 1935 are almost similar. their lordships referred to air 1931 k c. 111 and said that it was plainly right. they observed ..... , this was not in any way incumbent on him as a matter of law.in air 1945 p. c. 48 (emperor v. benoarilal sarma) section 72 of the government of india act, 1935 came in for consideration section 72, so far as relevant, runs thus: '72. the governor-general may, in cases of emergency, make and promulgate ordinances for the peace and .....
Tag this Judgment!Court : Orissa
Decided on : Dec-17-1973
Reported in : AIR1974Ori141; 40(1974)CLT301
..... para. 10 of the writ petition that the deity has intermediary interest in the disputed lands and that a notification was made by opposite party no. 1 under section 3-a of the act vesting the said lands in the state. in view of this admission made in para. 10 it is idle for the petitioners now to contend that the deity ..... annexure 2 dated 3-2-1967 allowed the application and declared that it is a trust estate. the effect of the order of the tribunal, as provided in section 13-i of the act is that the trust estate shall be deemed to have been excluded from the operation of the vesting notification and never to have vested : in the state in ..... not be an intermediary,7. to appreciate this contention it is necessary to notice how the two expressions 'estate' and 'intermediary' are defined in the act. the expression 'estate' is denned in section 2 (g) of the act and runs thus :'2 (g) 'estate' includes a part of an estate and means any land held by or vested in an intermediary and included .....
Tag this Judgment!Court : Orissa
Decided on : Mar-14-1973
Reported in : AIR1973Ori192
..... is held that the real owner's consent to the transferor to transfer the properties to the purchaser either express or implied was not necessary under section 41 of the t. p. act.12. in the present case it is the concurrent finding of fact that plaintiff no. 1 was all through present at the time when the sale ..... appeal to differ from the concurrent finding of both the courts below that defendant no. 1 purchased the said property in good faith and the protection under section 41 of the transfer of property act is available to him.mrs. padhi, to support her above mentioned contention, cited the decision reported in air 1963 sc 1917 (gurbaksh singh v. nikka ..... he had knowledge about all that and accordingly the sale under ext a was not voidable or inoperative and the transfer so made was protected under section 41 of the transfer of property act.5. the appellate court mostly confirmed the above mentioned findings of the trial court.6. mrs. padhi, the learned counsel for the appellant contended .....
Tag this Judgment!Court : Orissa
Decided on : May-01-1973
Reported in : [1974]96ITR20(Orissa)
..... brought at the instance of sri s. p. jain. 20. the question for consideration is whether allowance should be given to such a claim under section 10(2)(xv) of the act which runs thus : ' section 10. (2) such profits or gains shall be computed after making the following allowances, namely :--...... (xv) any expenditure (not being an allowance of ..... and the railway sidings are essential for transport of goods. 32. rule 8 of the indian income-tax rules made under section 59 of the act runs thus: '8. the allowance under section 10(2)(vi) of the act in respect of depreciation of buildings, machinery, plant or furniture shall be at percentages of the written down value or original cost ..... asked for a reference which was rejected. on an application being filed in this courtto call upon the tribunal to make a statement of the case under section 256(2) of the income-tax act, 1961, a statement of the case has been submitted by the tribunal on the following questions : '(1) whether, on the facts and in .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1973
Reported in : (1973)ILLJ518Ori
..... the view of the tribunal that this does not amount to a formula.14. mr. misra concedes that if the agreement is accepted as valid under sub-section (3) of section 34 of the act, it would be binding on all workmen and is even available to be enforced under appropriate statutes. the settlement was reached in 1969 at a time ..... loss accounts, they are still open to be raised and the settlement does not take away the workmen's right to dispute the same. section 19, or for the matter of that, all other sections in the act excepting s. jo, have to be kept away while considering the validity of an agreement containing a different formula regarding payment of bonus. ..... sangha before it that the terms of settlement including the provisions of 'set off and set on' did not constitute a formula as contemplated in section 34(3) of the payment of bonus act, the tribunal persuaded itself to come to the said conclusion by holding that the rates of payment of bonus for these years were imaginary and notional .....
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