Array
(
    [0] =>  .....  petitioner was the secretary of the co-operative society. it is also submitted that on the basis of the audit report, a false case has been initiated against him under section 409, i.p.c.3. taking into consideration all the facts and circumstances, as a special case, i direct that if the petitioner surrenders before the learned j.m.f ..... 
    [1] =>  .....  rendered infructuous because of lapse of time. he also argued challenging to the maintainability of the civil revisions in view of the recent amendment in section 115 of the cpc by act 46 of 1999.8. so far as the impugned orders passed by learned 2nd addl. district judge is concerned, the order relating to refusing  ..... 2003, this court finds the civil revision to be not maintainable because the nomenclature 'appeal' does not qualify to the terms 'suit or other proceedings' as provided in section 115, cpc. apart from that recalling the order of admitting the appeal, in this case would not have consequentially resulted in dismissal of the appeal. on the other .....  such time as the appellate court may allow, deposit, the amount disputed in the appeal or furnish such security in respect thereof as the court may think fit.' section 96, cpc provides for appeals from original decree and that reads as hereunder :'96. appeal from original decree : (1) save where otherwise expressly provided in the body ..... 
    [2] =>  ..... the claimant challenged the award of compensation as fixed by the government before the learned civil judge (senior division) deogarh.3. the claimant on receipt of notice under section 9(3) of the act claimed compensation basing on the annual net yield multiplied by twenty. according to him. the acquired land is fertile for which the compensation fixed by the state government ..... land of the respondent to the extent of ac. 5.12 decimals in jambunal mouza for construction of rengali dam project. in this connection there was notification under section 4(1) of the act being published in orissa gazette vide eog no. 1030 dated 18.7.1982. the state fixed the market value of the acquired land at. rs. 22,160 ..... m. papanna, j.1. state of orissa brought this appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the 'the act'). the appellant challenged judgment of the learned civil judge (senior division), deogarh in l. a. case no.'72 of 1999'awarding a sum of rs. 1,02.48 1 ..... 
    [3] =>  .....  points but without any success as is evident from the appellate order dated 2.7.1994 (annexure-2). thereafter the sales tax officer reopened the matter under section 12(8) of the act and passed order dated 28.12.1993 (annexure-3) holding that lal dantmanjan is exigible to tax at the rate of 12% as per residual item 105 ..... be taxed under the residual item.5. item 37 of the list of taxable goods reads as follows :'37.drugs as defined in clause (b) of section 3 of the 'drugs and cosmetic act, 1940, and ayurvedic, homoeopathic and unani medicines.'six percentresidual item 105 reads as follows :'105.all other goodstwelve percent'.6. in order to bring lal  ..... judgment dated 12.1.1995 (1997) 104 s.t.c. 198 observed as follows :'...the question whether product with which we are concerned is covered by section 3(b) of the drugs act was not under consideration of the apex court; even incidentally, another interesting feature is that the assessing officer has stated that prior to april 21, 1993  ..... 
    [4] =>  .....  course of and arising out of his employment. originally, four issues were framed by the commissioner, namely :1. was the deceased a workman within the meaning of the w.c. act ?2. did the accident arise, out of and in course of the employment of the deceased ?3. what was the age and monthly wage of the deceased at the time .....  on record, the commissioner answered issue nos. 1 and 2 in favour of the claimants by holding that the deceased was a workman within the meaning of the w.c. act, who died in an accident in course of and arising out of his employment. as to issue no. 3, it was held that the deceased was 42 years of age ..... 
    [5] => 
    [6] =>  .....  co. ltd. and ors., reported in 2001 (1) tac 649 (sc), wherein it was observed that though it. was formulated for the purpose of section 163-a of the motor vehicles act, we find it a safer guidance for arriving at the amount of compensation than any other method.17. in this regard, it was argued by the respondents ..... been awarded towards the toss of love and affection. according to him, the tribunal having not followed the provisions envisaged in the second schedule to section 163-a of the motor vehicles act, 1988 relating to the notional income of the deceased has committed an error in passing the impugned judgment which requires interference of this court and the ..... rash and negligent manner ran over the boy from behind causing his instantaneous death. the unfortunate father and mother of the child filed claim application under section 166 of the m.v. act, 1988 before the tribunal.3. the tribunal framed as many as five issues and on the basis of the oral and documentary evidence came to hold ..... 
    [7] =>  ..... the month immediately following a period not exceeding 12 months during which his gross turn over first exceeded or again exceeded the appropriate limit as specified in sub-section (7) of section 4 of the act : provided that the delay in securing registration in case falling under this sub-rule shall not be deemed to constitute a contravention of sub ..... shall be made not less than one month before the date from which the dealer becomes liable to pay tax under the act. (2) in the case of a dealer to whom sub-section (2) or sub-section (4) of section 4 applies and who is liable to make an application within the time allowed by sub-rule (1), an application for ..... , an application for registration shall be made not later than 15 days from the date of his liability to pay tax under the central sales tax act, 1956. (3) an application for voluntary/provisional registration under section 9-a/9-c may be made at any time of the year. (4) *** *** *** 'rule 7 provides as under :'7. grant of registration  ..... 
    [8] =>  ..... fix the headquarters at kalika prasad instead of nimani.5. we are unable to accept the said submission of mr. mishra. on a reading of sub-section (3) of section 4 of the act we find that power has been vested in the state government to decide the location of the office and the headquarters of a grama sasan and such .....  and headquarters of the grama sasan of grama nimani should have been situated in village nimani and not in kalika prasad.3. on a reading of sub-section (3) of section 4 of the act, however, it appears that the office and headquarters of the grama sasan are to be situated in the village bearing the name of the grama 'unless .....  the nimani grama panchayat has been located at kalika prasad.2. mr. mishra, learned counsel for the petitioners submitted that under sub-section (3) of section 4 of the orissa grama panchayats act, 1964 (for short, the 'act') the office and headquarters of the grama sasan shall be situated within the limits of the grama and unless otherwise ordered by the  ..... 
    [9] =>  .....  per annum from the date of accident till its realization.5. it is needless to say that an appeal under section 30 of the w.c. act is maintainable only where substantial point of law is involved in the same. '6. learned counsel for the appellant submits ..... theft of the auto rickshaw.'12. though the aforesaid decision in the case of rita devi {supra) was under the motor vehicles act, the principle so enunciated therein is squarely applicable to the facts and circumstances of the present case. in the present case the deceased .....  the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act...' and held that the driver became a victim of the offence during discharge of his duties and casual relationship between the death  ..... b.p. das, j.1. this appeal under section 30 of the workmen's compensation act, 1923 is directed against the judgment passed by the assistant labour commissioner-cum- commissioner for workmen's compensation, ..... 
)
Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Orissa - Year 2003 - Page 9 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: orissa Year: 2003 Page 9 of about 137 results (0.064 seconds)

Jun 26 2003 (HC)

Prafulla Kumar Naik Vs. State of Orissa

Court : Orissa

Decided on : Jun-26-2003

Reported in : 2003(II)OLR329

..... petitioner was the secretary of the co-operative society. it is also submitted that on the basis of the audit report, a false case has been initiated against him under section 409, i.p.c.3. taking into consideration all the facts and circumstances, as a special case, i direct that if the petitioner surrenders before the learned j.m.f .....

Tag this Judgment!

Jun 28 2003 (HC)

Pramod Chandra Rath and ors. Vs. Dr. Dhruba Charan Pattnaik and ors.

Court : Orissa

Decided on : Jun-28-2003

Reported in : 96(2003)CLT296

..... rendered infructuous because of lapse of time. he also argued challenging to the maintainability of the civil revisions in view of the recent amendment in section 115 of the cpc by act 46 of 1999.8. so far as the impugned orders passed by learned 2nd addl. district judge is concerned, the order relating to refusing ..... 2003, this court finds the civil revision to be not maintainable because the nomenclature 'appeal' does not qualify to the terms 'suit or other proceedings' as provided in section 115, cpc. apart from that recalling the order of admitting the appeal, in this case would not have consequentially resulted in dismissal of the appeal. on the other ..... such time as the appellate court may allow, deposit, the amount disputed in the appeal or furnish such security in respect thereof as the court may think fit.' section 96, cpc provides for appeals from original decree and that reads as hereunder :'96. appeal from original decree : (1) save where otherwise expressly provided in the body .....

Tag this Judgment!

Jul 02 2003 (HC)

State of Orissa Vs. Harihara Pradhan

Court : Orissa

Decided on : Jul-02-2003

Reported in : 2003(II)OLR187

..... the claimant challenged the award of compensation as fixed by the government before the learned civil judge (senior division) deogarh.3. the claimant on receipt of notice under section 9(3) of the act claimed compensation basing on the annual net yield multiplied by twenty. according to him. the acquired land is fertile for which the compensation fixed by the state government ..... land of the respondent to the extent of ac. 5.12 decimals in jambunal mouza for construction of rengali dam project. in this connection there was notification under section 4(1) of the act being published in orissa gazette vide eog no. 1030 dated 18.7.1982. the state fixed the market value of the acquired land at. rs. 22,160 ..... m. papanna, j.1. state of orissa brought this appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the 'the act'). the appellant challenged judgment of the learned civil judge (senior division), deogarh in l. a. case no.'72 of 1999'awarding a sum of rs. 1,02.48 1 .....

Tag this Judgment!

Jul 04 2003 (HC)

Dabur India Ltd. Vs. Commissioner of Sales Tax and ors.

Court : Orissa

Decided on : Jul-04-2003

Reported in : 96(2003)CLT222; [2004]135STC187(Orissa)

..... points but without any success as is evident from the appellate order dated 2.7.1994 (annexure-2). thereafter the sales tax officer reopened the matter under section 12(8) of the act and passed order dated 28.12.1993 (annexure-3) holding that lal dantmanjan is exigible to tax at the rate of 12% as per residual item 105 ..... be taxed under the residual item.5. item 37 of the list of taxable goods reads as follows :'37.drugs as defined in clause (b) of section 3 of the 'drugs and cosmetic act, 1940, and ayurvedic, homoeopathic and unani medicines.'six percentresidual item 105 reads as follows :'105.all other goodstwelve percent'.6. in order to bring lal ..... judgment dated 12.1.1995 (1997) 104 s.t.c. 198 observed as follows :'...the question whether product with which we are concerned is covered by section 3(b) of the drugs act was not under consideration of the apex court; even incidentally, another interesting feature is that the assessing officer has stated that prior to april 21, 1993 .....

Tag this Judgment!

Jul 09 2003 (HC)

Divisional Manager, Oriental Insurance Co. Ltd. Vs. Nirupama Mallick a ...

Court : Orissa

Decided on : Jul-09-2003

Reported in : II(2004)ACC50; 2005ACJ1321; 2003(II)OLR189

..... course of and arising out of his employment. originally, four issues were framed by the commissioner, namely :1. was the deceased a workman within the meaning of the w.c. act ?2. did the accident arise, out of and in course of the employment of the deceased ?3. what was the age and monthly wage of the deceased at the time ..... on record, the commissioner answered issue nos. 1 and 2 in favour of the claimants by holding that the deceased was a workman within the meaning of the w.c. act, who died in an accident in course of and arising out of his employment. as to issue no. 3, it was held that the deceased was 42 years of age .....

Tag this Judgment!

Jul 15 2003 (HC)

Tamalamani Mohapatra Vs. State of Orissa and Four ors.

Court : Orissa

Decided on : Jul-15-2003

Reported in : 2003(II)OLR179

ORDER1. Heard learned counsel for the parties.2. The petitioner asserts to have worked as a Non-Formal Instructor/Supervisor under the Non-Formal Education Scheme which has since been discontinued by the Government and in its place, a new scheme called E.G.S. and A.I.E. scheme has been introduced. Under the new scheme, according to the Government instruction/guidelines, the retrenched, N.F.E. Instructors/Supervisors are to be given preference in appointment/engagement of Education Volunteers (Swachhasevi Sikshya Sahayaks). But it is alleged that instead of following the instructions and giving preference to the petitioner, the opposite party-authorities under the Scheme have proceeded with the appointment/appointed persons of their choice, which is illegal, arbitrary and liable to be quashed. The petitioner appears to have made a representation to the Collector of the District raising such grievances but it is yet to be attend to.3. In such view of the matter, we feel it appropriate th...

Tag this Judgment!

Jul 16 2003 (HC)

Sri Sunanda Nayak and anr. Vs. Divisional Manager, Oriental Insurance ...

Court : Orissa

Decided on : Jul-16-2003

Reported in : II(2004)ACC72; 2005ACJ1041; 96(2003)CLT515

..... co. ltd. and ors., reported in 2001 (1) tac 649 (sc), wherein it was observed that though it. was formulated for the purpose of section 163-a of the motor vehicles act, we find it a safer guidance for arriving at the amount of compensation than any other method.17. in this regard, it was argued by the respondents ..... been awarded towards the toss of love and affection. according to him, the tribunal having not followed the provisions envisaged in the second schedule to section 163-a of the motor vehicles act, 1988 relating to the notional income of the deceased has committed an error in passing the impugned judgment which requires interference of this court and the ..... rash and negligent manner ran over the boy from behind causing his instantaneous death. the unfortunate father and mother of the child filed claim application under section 166 of the m.v. act, 1988 before the tribunal.3. the tribunal framed as many as five issues and on the basis of the oral and documentary evidence came to hold .....

Tag this Judgment!

Jul 18 2003 (HC)

Nicco Corporation Ltd. Vs. Additional Commissioner of Commercial Taxes ...

Court : Orissa

Decided on : Jul-18-2003

Reported in : 96(2003)CLT285; [2004]134STC314(Orissa)

..... the month immediately following a period not exceeding 12 months during which his gross turn over first exceeded or again exceeded the appropriate limit as specified in sub-section (7) of section 4 of the act : provided that the delay in securing registration in case falling under this sub-rule shall not be deemed to constitute a contravention of sub ..... shall be made not less than one month before the date from which the dealer becomes liable to pay tax under the act. (2) in the case of a dealer to whom sub-section (2) or sub-section (4) of section 4 applies and who is liable to make an application within the time allowed by sub-rule (1), an application for ..... , an application for registration shall be made not later than 15 days from the date of his liability to pay tax under the central sales tax act, 1956. (3) an application for voluntary/provisional registration under section 9-a/9-c may be made at any time of the year. (4) *** *** *** 'rule 7 provides as under :'7. grant of registration .....

Tag this Judgment!

Jul 22 2003 (HC)

Harihar SwaIn and ors. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-22-2003

Reported in : 96(2003)CLT454

..... fix the headquarters at kalika prasad instead of nimani.5. we are unable to accept the said submission of mr. mishra. on a reading of sub-section (3) of section 4 of the act we find that power has been vested in the state government to decide the location of the office and the headquarters of a grama sasan and such ..... and headquarters of the grama sasan of grama nimani should have been situated in village nimani and not in kalika prasad.3. on a reading of sub-section (3) of section 4 of the act, however, it appears that the office and headquarters of the grama sasan are to be situated in the village bearing the name of the grama 'unless ..... the nimani grama panchayat has been located at kalika prasad.2. mr. mishra, learned counsel for the petitioners submitted that under sub-section (3) of section 4 of the orissa grama panchayats act, 1964 (for short, the 'act') the office and headquarters of the grama sasan shall be situated within the limits of the grama and unless otherwise ordered by the .....

Tag this Judgment!

Jul 22 2003 (HC)

Divisional Manager, New India Assurance Co. Ltd. Vs. Ratan Thakur and ...

Court : Orissa

Decided on : Jul-22-2003

Reported in : III(2004)ACC114; 2005ACJ1876; 2003(II)OLR394

..... per annum from the date of accident till its realization.5. it is needless to say that an appeal under section 30 of the w.c. act is maintainable only where substantial point of law is involved in the same. '6. learned counsel for the appellant submits ..... theft of the auto rickshaw.'12. though the aforesaid decision in the case of rita devi {supra) was under the motor vehicles act, the principle so enunciated therein is squarely applicable to the facts and circumstances of the present case. in the present case the deceased ..... the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act...' and held that the driver became a victim of the offence during discharge of his duties and casual relationship between the death ..... b.p. das, j.1. this appeal under section 30 of the workmen's compensation act, 1923 is directed against the judgment passed by the assistant labour commissioner-cum- commissioner for workmen's compensation, .....

Tag this Judgment!


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