Array ( [0] => ..... sdjm, nabarangpur alleging commission of offences by the petitioner and four of his co-accused under section 193/197/199/417/418/420/465/471/34 read with section 120-b of the indian penal code and under sections 465/628 of the companies act, 1956, icc no. 27 of 2006 was registered. in the said complaint case, learned ..... and is judicially reviewable depending upon materials disclosed by the complainant in his statement on oath under section 200. of course in the said decision, the pre-amended provision was under consideration.13. now reverting back to section 202 as amended by act no. 25 of 2005 which came into force only on 30th june, 2006, it is ..... of u.p. reported in air 1991 sc 147.according to him, the court below acted illegally and with material irregularity in directing issue of summons to the petitioner who admittedly resides beyond its jurisdiction without following the mandatory provision of section 202, cr.p.c.7. mr. bijon ray, learned senior advocate appearing for the opposite ..... [1] => ..... the following order:.i hereby direct the assessing officer to treat the kalinga foundation trust, as a charitable trust, having independent identity and entity, which is required under section 12a of the act and delete the addition made in the status of aop on protective basis.thus, all the grounds of appeal are allowed.in the end the appeal is allowed.4 ..... petition. the said prayer no. (iii) is set out below:(iii) after hearing the parties direct opposite party no. 1 to grant approval to the petitioner under section 80g of the income-tax act, and/or.2. learned counsel for the revenue submits that the said prayer no. (iii) cannot be granted since the same is subjudice before the appellate tribunal.3 ..... [2] => ..... the subsisting finding of the tribunal that the income-tax officer has not given a reasonable opportunity to the assessee to rebut the statement recorded against him under section 131 of the act;(e) the high court further held that if the high court answers the questions in the absence of reasonable opportunity being afforded to the assessee, such answers ..... the order of the high court and the hon'ble supreme court allowed the department's appeal and directed the income-tax appellate tribunal to refer under section 256(2) of the act certain questions of law to be heard by the high court.9. the questions framed by the hon'ble supreme court are as follows (page 397 ..... arose out of the order of the income-tax appellate tribunal.7. thereafter, the high court also rejected on april 5, 1974, the department's application under section 256(2) of the act, holding, inter alia, that the finding of the income-tax appellate tribunal was correct and no question of law arose.8. then the department went up ..... [3] => ..... 1 to 3. by doing so article 14 of the constitution is violated. this being against the public policy, also went against the provision contained under section 23 of the indian contract act. as averred in the writ petition because of the arbitrariness of opp. parties while three other cement plants in orissa namely m/s acc cement, bargarh, ..... earlier, in the case at hand, the petitioners challenge annexure-3, 4 and 6 on the ground of violation of article 14 of the constitution and section 23 of the indian contract act. as it appears since cement is vitally essential to the public it has been categorized as core sector under annexure-2 by opp. party nos. 4 ..... centre and ors. : air1995sc1811 .8. in the decision of m/s. radhakrishna agarwal and others (supra) the apex court held;at this stage, no doubt, the state act purely in its executive capacity and is bound by the obligations which dealings of the state with the individual citizens import into every transaction entered into in exercise of its ..... [4] => ..... to issue the eligibility certificate but as per the conditions envisaged under the ipr, 1992, as the ipr was silent on the 'period', the director of industries acted beyond his powers by limiting the period of eligibility to 'five years'. hence, it was not permissible for the director of industries to insist for a period of ..... para 7.3 relates to exemption of sales tax on finished products of existing and new khadi and village industries in perpetuity.(q) under the orissa sales tax act, 1947 entry 30-f of list a of the tax free schedule grants benefit on sale of finished products of existing and new khadi and village industries till ..... has been undertaken on the basis of separate project report duly appraised by the financial institutions and provided further that, subject to the provisions of the sales tax act, the benefit of exemption/deferment shall not have the effect of reducing the sales tax paid by the unit prior to commencement of the expansion/modernisation/diversification programmes ..... [5] => [6] => ..... the certificate as well as clarification issued by the industries department, sri ganguly contended that the authorities of the sales tax department of the state have acted grossly in excess of their authority by denying the petitioner-company the benefits available under ipr, 1996 and therefore, consequently, the petitioner has sought for ..... supreme court in case of anil kumar chowdhury v. state of assam : [1975]3scr878 , wherein the supreme court held that 'the governments speak and act formally and in solemn writing and not informally'. he submitted that the honourable supreme court has specifically rejected the contentions of the state government that the affidavit ..... to consider the exemption that the petitioner is entitled to under the i.p.r., 1996. according to the petitioner it had set up its unit acting upon the industrial policy resolution, 1996 (hereinafter referred to as 'ipr, 1996') having fulfilled the terms and conditions regarding investments in capital within the stipulated ..... [7] => [8] => ..... to the conscience of their constitutional duty under article 23 and are desirous to have the prostitution eradicated from the root with the aid of itp act, ipc and other appropriate legislative or executive actions. sequential rehabilitation of the fallen women rescued from the red light areas and other areas requires enforcement. the observations made in this ..... in a democratic polity includes its three constitutional organs - the legislature, the executive and the judiciary. legislature has already done its duty. the executive and the judiciary are required to act in union to ensure enforcement of fundamental and human rights of the fallen women. i am also conscious that union of india as well as the state governments are sensitive ..... [9] => ) Explosives Act 1884 Section 4 Definitions - Court Orissa - Year 2006 - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: orissa Year: 2006 Page 4 of about 94 results (0.741 seconds)

Aug 30 2006 (HC)

Parshotam Lal Vadera Vs. Satyanarayan Sadangi

Court : Orissa

Decided on : Aug-30-2006

Reported in : 102(2006)CLT530

..... sdjm, nabarangpur alleging commission of offences by the petitioner and four of his co-accused under section 193/197/199/417/418/420/465/471/34 read with section 120-b of the indian penal code and under sections 465/628 of the companies act, 1956, icc no. 27 of 2006 was registered. in the said complaint case, learned ..... and is judicially reviewable depending upon materials disclosed by the complainant in his statement on oath under section 200. of course in the said decision, the pre-amended provision was under consideration.13. now reverting back to section 202 as amended by act no. 25 of 2005 which came into force only on 30th june, 2006, it is ..... of u.p. reported in air 1991 sc 147.according to him, the court below acted illegally and with material irregularity in directing issue of summons to the petitioner who admittedly resides beyond its jurisdiction without following the mandatory provision of section 202, cr.p.c.7. mr. bijon ray, learned senior advocate appearing for the opposite .....

Tag this Judgment!

Oct 25 2006 (HC)

Kalinga Foundation Trust Vs. Commissioner of Income-tax and ors.

Court : Orissa

Decided on : Oct-25-2006

Reported in : [2008]296ITR733(Orissa); [2009]179TAXMAN39(Orissa)

..... the following order:.i hereby direct the assessing officer to treat the kalinga foundation trust, as a charitable trust, having independent identity and entity, which is required under section 12a of the act and delete the addition made in the status of aop on protective basis.thus, all the grounds of appeal are allowed.in the end the appeal is allowed.4 ..... petition. the said prayer no. (iii) is set out below:(iii) after hearing the parties direct opposite party no. 1 to grant approval to the petitioner under section 80g of the income-tax act, and/or.2. learned counsel for the revenue submits that the said prayer no. (iii) cannot be granted since the same is subjudice before the appellate tribunal.3 .....

Tag this Judgment!

Oct 25 2006 (HC)

Commissioner of Income-tax Vs. Biju Patnaik (Deced.) (by Lr. Prem Patn ...

Court : Orissa

Decided on : Oct-25-2006

Reported in : [2007]289ITR406(Orissa)

..... the subsisting finding of the tribunal that the income-tax officer has not given a reasonable opportunity to the assessee to rebut the statement recorded against him under section 131 of the act;(e) the high court further held that if the high court answers the questions in the absence of reasonable opportunity being afforded to the assessee, such answers ..... the order of the high court and the hon'ble supreme court allowed the department's appeal and directed the income-tax appellate tribunal to refer under section 256(2) of the act certain questions of law to be heard by the high court.9. the questions framed by the hon'ble supreme court are as follows (page 397 ..... arose out of the order of the income-tax appellate tribunal.7. thereafter, the high court also rejected on april 5, 1974, the department's application under section 256(2) of the act, holding, inter alia, that the finding of the income-tax appellate tribunal was correct and no question of law arose.8. then the department went up .....

Tag this Judgment!

Sep 21 2006 (HC)

Shiva Cement Limited and ors. Vs. Mahanadi Coalfields Limited and ors.

Court : Orissa

Decided on : Sep-21-2006

Reported in : 103(2007)CLT521; 2007(2)CTLJ100(Ori); 2006(II)OLR642

..... 1 to 3. by doing so article 14 of the constitution is violated. this being against the public policy, also went against the provision contained under section 23 of the indian contract act. as averred in the writ petition because of the arbitrariness of opp. parties while three other cement plants in orissa namely m/s acc cement, bargarh, ..... earlier, in the case at hand, the petitioners challenge annexure-3, 4 and 6 on the ground of violation of article 14 of the constitution and section 23 of the indian contract act. as it appears since cement is vitally essential to the public it has been categorized as core sector under annexure-2 by opp. party nos. 4 ..... centre and ors. : air1995sc1811 .8. in the decision of m/s. radhakrishna agarwal and others (supra) the apex court held;at this stage, no doubt, the state act purely in its executive capacity and is bound by the obligations which dealings of the state with the individual citizens import into every transaction entered into in exercise of its .....

Tag this Judgment!

Aug 09 2006 (HC)

Tata Sponge Iron Ltd. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Aug-09-2006

Reported in : (2007)6VST461(Orissa)

..... to issue the eligibility certificate but as per the conditions envisaged under the ipr, 1992, as the ipr was silent on the 'period', the director of industries acted beyond his powers by limiting the period of eligibility to 'five years'. hence, it was not permissible for the director of industries to insist for a period of ..... para 7.3 relates to exemption of sales tax on finished products of existing and new khadi and village industries in perpetuity.(q) under the orissa sales tax act, 1947 entry 30-f of list a of the tax free schedule grants benefit on sale of finished products of existing and new khadi and village industries till ..... has been undertaken on the basis of separate project report duly appraised by the financial institutions and provided further that, subject to the provisions of the sales tax act, the benefit of exemption/deferment shall not have the effect of reducing the sales tax paid by the unit prior to commencement of the expansion/modernisation/diversification programmes .....

Tag this Judgment!

Mar 23 2006 (HC)

Subodh Chandra Debanath Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Mar-23-2006

Reported in : 101(2006)CLT815; 2006(I)OLR812

I.M. Quddusi, J.1. The petitioner has filed the instant writ petition with a grievance that while allowing O.A. No. 614 of 1992, filed by him, vide judgment and order dated 04.05.1998, the Central Administrative Tribunal, Cuttack Bench, though directed to regularize his service with effect from the date of his initial engagement as a casual labourer, denied the consequential benefits, which were provided by its Hyderabad Bench to opposite party No. 5 who is a similarly circumstanced person, pursuant to which the department has also extended the consequential benefits to him (opposite party No. 5) happily.2. Brief facts of the case are that the petitioner was engaged as a casual Assistant Store Keeper on 21.08.1972 along with opposite party No. 5 and one J.V. Ratnam in the Naval Store Department under the Eastern Naval Command, Visakhapatnam,. He was then posted under the Commanding Officer, INS, Chilka, district Puri. While working in that capacity, his services were regularised along ...

Tag this Judgment!

Dec 07 2006 (HC)

Lingaraj Pipes Pvt. Ltd. Vs. Sales Tax Officer and ors.

Court : Orissa

Decided on : Dec-07-2006

Reported in : (2007)9VST95(Orissa)

..... the certificate as well as clarification issued by the industries department, sri ganguly contended that the authorities of the sales tax department of the state have acted grossly in excess of their authority by denying the petitioner-company the benefits available under ipr, 1996 and therefore, consequently, the petitioner has sought for ..... supreme court in case of anil kumar chowdhury v. state of assam : [1975]3scr878 , wherein the supreme court held that 'the governments speak and act formally and in solemn writing and not informally'. he submitted that the honourable supreme court has specifically rejected the contentions of the state government that the affidavit ..... to consider the exemption that the petitioner is entitled to under the i.p.r., 1996. according to the petitioner it had set up its unit acting upon the industrial policy resolution, 1996 (hereinafter referred to as 'ipr, 1996') having fulfilled the terms and conditions regarding investments in capital within the stipulated .....

Tag this Judgment!

Feb 07 2006 (HC)

Dr. Susant Moharana and ors. Vs. Convener, P.G. (Medical) Selection Co ...

Court : Orissa

Decided on : Feb-07-2006

Reported in : 101(2006)CLT625

P.K. Mohanty, J.1. The petitioners in the present Writ Application challenge the action of opposite parties in not granting admission to P.G. Medical Course, 2005 on the ground of non-production of College Leaving Certificate. They have prayed for a direction to admit them to the P.G. Medical Course for which they have been selected in the Entrance Examination after fresh counselling. Prayer has also been made for quashing the counselling of candidates held on 18.4.2005 as illegal and arbitrary.2. The short fact of the petitioners' case bereft of unnecessary details is that petitioners No. 1 to 4 are in-service candidates and they had submitted their service certificates as per the call letter at the time of counselling but the opposite parties insisted that the petitioners have to produce College Leaving Certificate to get admission into P.G. Medical Course, 2005. According to the petitioners, non-production of the College Leaving Certificate at the time of counselling is per se not a...

Tag this Judgment!

Dec 11 2006 (HC)

Orissa Patita Udhar Samiti Vs. State of Orissa and ors.

Court : Orissa

Decided on : Dec-11-2006

Reported in : 2007(1)OLR150

..... to the conscience of their constitutional duty under article 23 and are desirous to have the prostitution eradicated from the root with the aid of itp act, ipc and other appropriate legislative or executive actions. sequential rehabilitation of the fallen women rescued from the red light areas and other areas requires enforcement. the observations made in this ..... in a democratic polity includes its three constitutional organs - the legislature, the executive and the judiciary. legislature has already done its duty. the executive and the judiciary are required to act in union to ensure enforcement of fundamental and human rights of the fallen women. i am also conscious that union of india as well as the state governments are sensitive .....

Tag this Judgment!

Dec 22 2006 (HC)

Kumari Babita Jena and ors. Vs. Council of Higher Secondary Education ...

Court : Orissa

Decided on : Dec-22-2006

Reported in : 2007(1)OLR161

P.K. Mohanty, J.1. The petitioners who had appeared at the Annual Higher Secondary Examination, 2001 call in question the decision of the opposite party No. 1, Council of Higher Secondary Education, Orissa cancelling the examination in English Paper-II and awarding '00' marks in the said paper.2. The petitioners' case in brief is that having passed the High School Certificate Examination conducted by the Board of Secondary Education, Orissa and securing good percentage of marks, they had been admitted into Jagannath Mahavidyalaya, Ashok Nagar, Batto in the district of Keonjhar. They appeared at the Annual Higher Secondary Examination, 2001 duly permitted by the Council. The examination centre was earlier scratched and as such the College authority decided not to conduct the examination taking the Principal of the College as the Centre Superintendent. The Sub-Collector, Anandapur was requested by the opposite party Nos. 1 and 2 to conduct the examination through their administrative sta...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //