Court : Orissa
Reported in : AIR1955Ori175; 21(1955)CLT192
..... for the issue of a writ of prohibition against the opposite party, the municipality of cuttack, forbidding it from collecting certain license fetes levied under section 290, orissa municipal act 23 of 1950. the petitioner's firm carries on business on a wholesale basis in grains', chillies, tamarind and other commodities. by a notification no ..... when the license was originally granted and no further action had been taken. compared to the fee prescribed for stables, dairies and for storing skins and explosives, the fees for storing spirits was by far the highest although those other matters involved much greater trouble and danger and offence to the public. in ..... harsh and unreasonable and bear no relation to the services rendered by the council. they accordingly amount to a tax which cannot be levied under section 290, orissa municipal act.we would, therefore, direct the issue of a writ of prohibition forbidding the opposite party from imposing or collecting the same from the petitioner. .....
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Reported in : AIR1962Ori117
..... were that a parcel clerk of the e. i. r. company received certain explosives at parcel rates and did not send the goods in time. there having been unreasonable delay the railway company was held liable under section 72 of the indian railways act. i do not see how this case can be of any help to the ..... the superintending engineer. paragraph 35 deals with the execution of deeds and contracts. it states that:'in exercise of the powers conferred by sub-section (3) of section 175 of the government of india act, the governor is pleased to direct that the undermentioned clauses of deeds, contracts, and other instruments, may be executed on his behalf by ..... orissa is estopped from asserting that the suit-agreement executed by the superintending engineer on their behalf could not bind them.applying the principles of sections 69 and w of the indian contract act (act ix of 1872.) he held that the plaintiff-company can recover the sales-tax independent of the agreement. he, however, found that the .....
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Reported in : AIR1965Ori38; 1965CriLJ321
..... of chemical examiner.--(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government or the chief inspector of explosives or the director of finger print bureau or an officer of the mint upon any matter or thing duly submitted to him for examination or analysis and report in ..... states that oleander was detected in the viscera. no reasons have been given as to how the chemical examiner came to this conclusion. by central act 26 of 1955, sub-section (2) has been inserted to section 510. it was open to the accused to summon and examine the chemical examiner. there is, therefore, no escape from the conclusion that ..... is one relating to the cause of his death and to the circumstances of the transaction which resulted in his death. the statement is relevant under section 32(1) of the evidence act as a dying declaration even though at the time when the statement was made, the deceased might not be under expectation of death.7. it is .....
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Reported in : AIR1968Ori1
..... where the owner of a private motor car was prosecuted for having carried passengers for hire or reward, without taking necessay permit as required under section 42 of the act. he was prosecuted under section 123 read with section 42 (1) for using a vehicle without permit. the contention raised was that it was a motor car and not adapted to be used for ..... fordson major tractors (item no. 7) are used of supply compressed air to the jack hammer drills which are used to drill holes in the ore so that charges of explosives may be inserted to break the ore into manageable sizes fargo truck (item no. 8) is meant to be a servicing unit.3. the superintendent of police, keonjhar, within ..... from the hand-mine stock-pile to the railway siding nearby ingersoll rand drill masters (item no. 2) are used to dig holes through the ore body so that the explosives can be placed in the hole and the ore blasted. the caterpiller d-8 bull-dozers (item no. 3) are machines used to cut and push earth above the ore .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori221; 34(1968)CLT537; 1968CriLJ1623
..... its effect by operation of law, two months having elapsed from the date of its passing.5. section 144, cr.p.c., empowers a magistrate to act if there is sufficient ground for proceeding thereunder and covers cases of explosive character of disputes concerning any land threatening breach of peace. on receiving any such information, it is ..... open to the magistrate either to proceed under section 144 or under section 145, cr.p.c. he may also issue an order under section 144 in ..... .p.c. disputed questions of possession are not subject-matters of decision for the magistrate acting under section 144, cr.p.c. possession of property is assumed to lie with one party or the other and on that basis order under section 144, cr.p.c., is passed. where disputed questions of possession appear to exist at .....
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Reported in : AIR1969Ori152
..... followed and take effect according to their tenor, notwithstanding any rule of law, statute or enactment of the legislature to the contrary, as provided for under section 3 of the said act. the decisions in ullattuthedi choyi v. secy. of state for india, 41 mad lj 494 : (air 1921 mad 409), suraj kanta roy chowdhury v ..... complex and complicated considerations, are to be construed as implied terms of the lease executed later, then in our opinion the provisions of section 5(2) of the mines and minerals act, 1957 would be rendered absolutely nugatory. 12. under these circumstances, we are of opinion that the defendant while settling the terms of ..... 5 of part ix has been explained therein as follows:-- 'in this clause the expression 'force-majeure' means act of god, war, insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightning, explosion, fire and any other happening which the lessee could not reasonably prevent or control.' it would, therefore, mean that .....
Tag this Judgment!Court : Orissa
Reported in : [1971]27STC233(Orissa)
..... parts.3. refractories and fireclay.4. construction equipment and tools and tackles including spares.5. locomotive, vehicles, rolling-stock and track materials.6. paints, varnishes, chemicals and explosives.7. construction materials such as, but not limited to, cement, steel, pipes and pipe fittings, asbestos sheets, g.i. sheets, wire ropes.8. erection materials such ..... the petitioner is concerned. rule 13 makes the position further clear and prescribes goods for certain purposes. the goods referred to in clause (b) of sub-section (3) of section 8 which a registered dealer may purchase shall be goods intended for use by him as raw materials, processing materials, machinery, plant, equipment, tools, stores, ..... state trade or commerce-- (a) ...(b) sells to a registered dealer other than the government goods of the description referred to in sub-section (3); shall be liable to pay tax under this act, which shall be three per cent. of his turnover. 8. (3) the goods referred to in clause (b) of sub .....
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Reported in : 42(1976)CLT778; [1978]42STC21(Orissa)
..... quarters ending with 30th june, 1960, 30th september, 1960, 31st december, 1960 and 31st march, 1961. the petitioner has been assessed as an unregistered dealer under section 12(5) of the act and has been subjected to penalty. the brief facts useful for the purposes of the present proceeding are these : the national mineral development corporation (briefly known as ..... which used to be acknowledged by the officers of n. m. d. c. and from time to time payments against supplies of goods were made to the petitioner. explosive licence for storage stood in the name of the petitioner. there was, however, no written contract fixing the terms.when the assessing officer issued notice to the petitioner, ..... you of our best attention at all times.it was clearly indicated in the aforesaid letter that the pump situated at kiriburu was of the consumer. undoubtedly, the explosive licence stood in the name of the assessee and the pump rented out to n. m. d. c. there is clear indication in this letter that the .....
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Reported in : AIR1979Ori165; 48(1979)CLT245
..... there was use of reasonable foresight and care. the burden which squarely lay on the railway administration has not been discharged. the immunity of section 73 of the railways act is consequently not available.10. there is no dispute before us that the plaintiffs are entitled to reimburse themselves for the loss caused to ..... costs, charges or expenses which may be incurred in respect of any action or proceedings that may be taken by virtue of this agreement.section 41 of the contract act provides:--'when a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.'according to mr ..... as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery in transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely :-- (a) to (h) ...... (i) fire, explosion or any unforeseen risk; .....
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Reported in : AIR1982Ori57
..... is that rabindranath, husband of plaintiff no. 1 and father of minor plffs. 2 and 5, died in japan on account of injuries received bv him in an explosion which took place on board the ship, of which the defendants are the owners, on the 20th july, 1978, while the ship was docked at mizushima harbour in ..... court derives its admiralty jurisdiction solely from the orissa high court order, 1948. it has not been declared as a colonial court of admiralty under section 3 of the 1890 act. however, by operation of the orissa high court order from 1948 the entire admiralty iurisdiction of the patna high court was transferred to the high court ..... 1978, while the ship was at mizushjma port and rabindranath was working in the room housing the air-conditioning equipment, there was an explosion in the said equipment. rabindranath who wag injured in the said explosion succumbed to his injuries on the 25th july, 1978 at mizushima seamen's clinic. mizushima daiichi hospital (annexe), kurashiki city, okayama, .....
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