Court : Orissa
Decided on : Apr-25-1989
Reported in : 68(1989)CLT516; 1989CriLJ2016
..... informant or his party due to the accused being at large.4. chargesheet has been submitted against the opposite parties under sections 147/148/307/323/324/302/337/147, i.p.c. and section 9b of the indian explosives act. as appears from the impugned order of the learned sessions judge, the considerations which have weighed with him to release ..... the opposite parties on bail are the existence of a counter case under section 307, i.p.c. against the informant's group, ..... petition.3. admittedly the state has not moved for cancellation of bail. though there is no absolute bar against an informant to move for cancellation of bail, under section 439(2), cr. p.c., yet the considerations which weigh with the court to exercise powers at the instance of a private person are, besides the factors necessary .....
Tag this Judgment!Court : Orissa
Decided on : Mar-30-1989
Reported in : AIR1989Ori219; 68(1989)CLT288
..... aforesaid premises, we would now examine the rival submissions made by the counsel for parties.5. so far as the validity of the notification under section 4(1) of the act is concerned, according to mr. mohanti the purpose indicated in the said notification being vague and no definite indication or particular of purpose having been given ..... notification under annexure 1/a is liable to be struck down. during the pendency of this writ application. government issued a declaration under section 6 of the act by a notification in the gazette dated 24th of march, 1987, the gazette copy of which was produced before us in course of hearing. mr. mohanti ..... definite public purpose for which the acquisition is sought to be made; and (ii) the requisite pre-condition for exercise of power under sub-sections (1) and (4) of section 17 of the act being existence of urgency and there being no urgency, the pre-conditions for exercise of the power have not been attracted and, therefore, the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-04-1989
Reported in : AIR1989Ori170; 68(1989)CLT41
..... this appeal. this court has decided that apart from the compensation awarded, the landholder whose lands have been acquired is also entitled to additional compensation under section 23(1a) of the act as amended by act 68 of 1984 (vide judgment delivered on 23-8-1988 in misc. case no. 89 of 1988 arising out of f.a. no. 140/ ..... the scope of reference. in other words, the court answering the reference made to it under section 18 of the act was not called upon to decide as to whether the present respondent had interest in the land for the acquisition of which compensation was to be determined. ..... under the notification being 35 acres, in which the respondent was interested, the award oi compensation for 15 acres only was valid. from the language of section 18 of the act and the terms of reference made to the court, it is abundantly clear that the question as to the entitlement of the respondent to thecompensation was beyond .....
Tag this Judgment!Court : Orissa
Decided on : Sep-28-1989
Reported in : AIR1990Ori223; 69(1990)CLT213
..... jurisdiction to appoint non-hereditary trustees in respect of a religious institution where there are no hereditary trustees. 'religious institution' has been defined in the act in section 3(xiii) to mean 'a math, a temple and endowments attached thereto or a specific endowments and includes an institution under direct management of state ..... assistant commissioner of endowments (o.p.no. 2) issued an order to the inspector of endowments, khurda purporting to be one under section 12 read with section 7 of the act authorising the latter to enter into the premises of the institution, make an inventory of the properties, records and funds in presence of ..... the assistant commissioner would have no jurisdiction to appoint non-hereditary trustees unless he determines the said question in a properly constituted proceeding under section 41 of the act.6. the commissioner while disposing of the revision perused the management file in respect of the institution and came across a report of the .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1989
Reported in : [1990]76STC319(Orissa)
..... but a variety of chewing tobacco. the decision was in a different context. it appears that in the andhra pradesh general sales tax act there is a provision in section 8 of the act which reads as follows :'subject to such restrictions and conditions as may be prescribed, including conditions as to licences and licence fees, a ..... orissa high court in [1975] 35 stc 179 (state of orissa v. samsuddin akbar khan & co.) were confirmed.11. it appears from section 2(f)(i) of the central excises and salt act that the meaning of 'tobacco' is extended and it includes within its definition other preparations and commodities such as cigarettes, cigars, cheroots, biris, ..... includes any form of tobacco whether cured or uncured and whether manufactured or not.again the definition of 'manufacture' in section 2(f) of the central excises and salt act, 1944, is as follows :'in this act, unless there is anything repugnant in the subject or context--(f) 'manufacture' includes any process incidental or ancillary to .....
Tag this Judgment!Court : Orissa
Decided on : Jan-23-1989
Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)
..... regard to manufacture and production since parliament is well aware of the meaning of the phrase 'manufacture and production'. in the state financial corporation act 1951, while defining 'industrial concern' in section 2(c) parliament used the word 'manufacture' in respect of goods and 'generation' in respect of electricity. same is the phrase in ..... such property. it is needless to repeat that it is capable of abstraction, consumption, and use which, if done dishonestly, should attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted transferred, delivered, stored, possessed etc. in the same way as any other movable property....' the aforesaid passage would ..... various provisions there can be no doubt that electricity is an excisable goods liable to be taxed under the act.5. mr. mohanti submitted that electricity is not goods and accordingly by section 36 of the act 19 of 1978 inclusion of item he to the first schedule to the providing for levy of duty .....
Tag this Judgment!Court : Orissa
Decided on : Jul-19-1989
Reported in : [1990]76STC447(Orissa)
..... , as noticed earlier, though as many as 10 to 12 grounds were stated in the writ application, challenge was ultimately confined to explanation ii of section 2 of the amending act and that too on the grounds indicated in the preceding paragraphs.8. the supreme court in the case of bengal immunity co. ltd. v. state ..... consider the case of the petitioners on merit, it will be convenient to quote in extenso the provisions of the amending act.'2. in section 2 of the orissa sales tax act, 1947 (hereinafter referred to as the 'principal act'), for clause (c), the following clause shall be and shall be deemed always to have been substituted, namely :--' (c ..... and substance destroyed the substratum of the concept of 'turnover of sales', 'turnover of purchases' provided by section 2(i) and 2(j) read with the basic ingredient of the very charging section, namely, section 4 of the principal act, as regards the essential predicate of the continuity or carrying on of any activity of business of purchasing .....
Tag this Judgment!Court : Orissa
Decided on : Jul-25-1989
Reported in : 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
..... suits had been filed, whether claims of any damages arising out of the accidents would be maintainable before the accidents claims tribunal by filing applications under section 110-a of the said act or suits would lie for enforcement of rights before the civil court which was the forum available when the causes of action for claiming damages arose. ..... xx xx(c) xx xx xx(d) xx xx xx(e) xx xx xx(f) in any other case, the date of payment of duty.'section 1(2) of the amending act provided that the amendment shall come into force on a date to be appointed by the central government later on.before the aforesaid provision came into force, ..... expressly or impliedly excluded can be entertained by the civil court. but in the present case, the legislature inserted section 11b in the act by section 21 of the customs, central excises and salt and central boards of revenue (amendment) act, 1978 (act 25 of 1978). section 11b, so far as relevant, reads as follows :-'11b. claim for refund of duty :-(1) any .....
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1989
Reported in : (1992)ILLJ397Ori
..... the corporation and as such it is an 'industrial establishment', this court should leave the matter to be decided by the proper adjudicatory forum under the act.18. section 25l of the act, so far as it is relevant to the case, is quoted below:-'25l. definitions - for the purpose of this chapter - (a) 'industrial ..... transport business throughout the state which, however, cannot by any stretch of imagination be called 'factories' according to law. therefore, the provisions of section 25n of the act are not at all attracted and before making retrenchment it was not necessary to obtain permission from the appropriate government. alternatively, the facts being ..... referred to above. the resolution for retrenchment was also ratified by the state government. while making the retrenchment, the principle of applicability of section 25n of the act, it is stated that the corporation is not an 'industrial establishment'. there arc no factories inside the organisation, nor are the petitioners employees .....
Tag this Judgment!Court : Orissa
Decided on : Apr-19-1989
Reported in : 68(1989)CLT175; (1990)ILLJ38Ori
..... is taken, the representatives of the workmen, contractor and the industry have an opportunity to express their opinion.'12. under the scheme of the act under section 10 the parliament has vested in the appropriate government the power to prohibit the employment of contract labour in any process, operation or other work in ..... work in the limestone, dolomite and manganese mines in the country, the central government is bound to consult the central advisory board constituted under section 3 of the act. the central board is of a tripartite character, representing various interests and so the consultation with such a board will enable the central ..... a notification covering more | than one establishment, and much less all the establishments pertaining to an industry in the entire country, is not contemplated under section 10 of the act. in the present case, according to the definition, 'establishment' means any place where any industry, trade, business, manufacture or occupation is carried on. .....
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