Court : Orissa
..... gift cum-adoption is a void document. the other two questions raised are also questions of fact and cannot be construed to be substantial questions of law as envisaged under section 100 of the code of civil procedure.8. therefore, i find that neither any substantial question of law is involved in this appeal nor any such question has been framed ..... 28.8.2001, this court recorded an order to the effect "heard. admit. issue notice", but no substantial question of law has been framed by the court as required under section 100 c.p.c.7. during the course of hearing, learned counsel for the appellants submitted that substantial questions of law, which arise in this appeal, are as mentioned in ..... 1. this second appeal has been preferred under section 100 of the code of civil procedure by the defendants 1, 3 and 5 in t. s. no. 70 of 1991 against a confirming judgment. the aforesaid suit was filed .....
Tag this Judgment!Court : Orissa
..... cognizance of the said fact and condone the delay. it must be remembered that the provisions like order ix, rule 9 of the code and section 5 of the limitation act are benevolent provisions aimed at for providing appropriate relieves to the litigant, who are prevented by sufficient cause in coming to the court in time. ..... the appeal or making the application within such period." a reading of the provision shows that the statute does not require that a separate petition under section 5 of the limitation act should be filed. it is necessary for satisfaction of the court that the applicant was prevented by sufficient cause in preferring the application in the time ..... be determined is whether, in this case, there is delay and, if so, what should be the consequence of the petitioner not filing of application under section 5 of the limitation act, 1963. this court feels it apposite to quote the provision which reads as follows :"5. extension of prescribed period of certain cases.- any appeal or any .....
Tag this Judgment!Court : Orissa
1. Petitioner assails the order of the Chief District Medical Officer, Puri passed on 04.05.2010, Annexure-2 transferring him to the District Headquarter Hospital, Puri.2. Petitioner, who is working as a Pharmacist since 1995, was posted at Kamala Devi Mantri Maternity Home Hospital, Puri. He pleads that from the date of initial appointment till date there is absolutely no allegation against him nor there any adverse remark in his C.C.R. It is further pleaded that the opposite party no.1 had issued a letter dated 30.04.2010 to the Chief Medical Officer, Puri wherein serious allegations were made against some Paramedics and Ministerial Staff. Certain allegations have also been made against the present petitioner. On that basis directions were made to the C.D.M.O. to transfer such type of Paramedical and Ministerial Staff from parental posting to any other place in case they have completed more than three years in a particular station.It is further pleaded that the allegations received b...
Tag this Judgment!Court : Orissa
..... action was taken by the management, the petitioner lodged a complaint before the labour forum. conciliation having failed and a failure report having been submitted under section 12(4) of the i.d. act, 1947 to the state government, but no reference being made, the petitioner again approached this court in ojc no. 827 of 1987. by order ..... not be granted mechanically, only because on technical ground or otherwise an order of termination is found to be in contravention of the provisions of section 6-n of the u.p. industrial disputes act.7. in the case of surendra kumar verma v- central government industrial tribunal-cum-labour court, new delhi and another, (1981) 1 scr ..... 789 the supreme court refused to go into the question as to whether termination of services of a workman in violation of the provisions of section 25f is void ab .....
Tag this Judgment!Court : Orissa
..... .2.2008 vide annexure-3 to the said writ petition. since there is an option for the suspending sarpanch to move the state government under sub-section (3)(a) of section 115 of the act for revocation of the order of suspension, this court disposed of the said writ petition directing the opp. party no. 1 to dispose of the ..... stated that the above grounds along with other grounds, pleading that he should not be removed from the office of sarpanch by exercise of power under section 115 (1) of the act.6. in the counter affidavit filed by the opposite parties except stating that the state government after careful consideration of the show cause reply of the ..... which forms the basis of the order of removal, amounts to pre-judging the criminal proceeding, which is beyond the jurisdiction vested in the state under section 115 (1) of the act and in absence of any order of conviction, no order of removal could have been passed by the government removing the petitioner, who is an elected representative .....
Tag this Judgment!Court : Orissa
..... 93 read with entry 44 of list i. offences by persons who are holding high public and political office are governed by the prevention of corruption act under section 13 (1)(e) which statutory enactment was enacted from entry at sl. no. 1 & 2 of concurrent list iii of the seventh schedule. ..... the said writ petitions were dismissed by answering the points that arose for consideration in the said case with certain observation after striking down section 16 of the act. the said observations have been complied with by the state legislature by issuing the ordinance which was accepted by this court. thereafter the ..... explosive substance act, 1998, prevention of corruption act, 1988 apart from the prosecution under the respective statutes, the person concerned can be prosecuted under the prevention of money laundering act, 2002 as well as his property is liable to be confiscated. in this view of the matter, in the instant case, a person has been charged and prosecuted for violation of section .....
Tag this Judgment!Court : Orissa
..... the purposes specified in the proviso (d) appended to sub-section (3) of section 20 of the ovat act. it is stated that a plain reading of the provisions contained in sub-rule (3) of rule 11 would go to establish that the said provisions ..... upon it in framing the vat form 201. opposite party no.2 prescribed certain information and requirements which are contrary to the express provision laid down under section 20(3) of ovat act. the opposite parties specified that the manufacturer of goods sold in inter-state trade and commerce is required to calculate the purchase value of those inputs as ..... . in other words, the said provision is applicable to the registered dealers only when there is resale of their goods. "resale" has been defined under section 2 (4) of the ovat act which means a sale of goods in the same form in which they were purchased. framing of the rules by the state government is to carry out .....
Tag this Judgment!Court : Orissa
..... construction incurred by employers with a view to augmenting the resources of the welfare boards constituted by the state governments under the bocw act, the parliament enacted the cess act, wherein section 3 provides for levy and collection of cess, which reads as under:"3. levy and collection of cess (1) there ..... necessary approval of the layout plans and specifications and requisite permission from the concerned authority to carry out such constructions, as provided under section 6 of the factories act, 1948, read with rule 3 of the orissa factories rules, 1950. accordingly, it is submitted that as the construction activities carried on ..... other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.8. section 2(1)(d) of the bocw act defines 'building and other construction work' as under :"building or other construction work" means the construction, alteration, repairs, maintenance or demolition .....
Tag this Judgment!Court : Orissa
..... continuous, undisturbed possession of the suit land for more than the statutory period. with the aforesaid pleadings the suit was filed after serving notice under section 80, c.p.c.3. the defendants filed a written statement stating that in the lease case no.1 of 1942-43 the plaintiff has been declared as "phala ..... plaintiff is an encroacher over the suit land an encroachment case has been rightly started against him. it was also pleaded that there was no legal and valid notice under section 80, c.p.c. and the suit was barred by limitation.4. the trial court framed seven issues and on consideration of the evidence on record decreed the suit ..... in favour of the state. in view of such recording, encroachment case no.1 of 1981-82 was initiated against the plaintiff under the orissa prevention of land encroachment act, 1972 and the plaintiff has been illegally assessed to penalty and back rent in spite of his objection. it is also pleaded by the plaintiff that he is in .....
Tag this Judgment!Court : Orissa
..... other words, learned counsel submitted that the notification issued by the finance department purportedly in exercise of its power under clause (m) of sub- section (8) of section 20 of the vat act is clearly beyond the authority and/or competence of the executive i.e. finance department. learned counsel further submitted that in the present case the ..... to avail input credit on the goods used as input, the same was subject to the rider contained in sub-section (8) of section 20. since clause-(m) of sub-section (8) of section 20 of the ovat act empowers the state government to issue necessary notifications disallowing input tax credit in certain cases, such power is a "plenary ..... for the purpose stipulated in terms thereof. it is also an admitted fact that although power is vested in the state government under sub-section (4) of section 20 of the ovat act to prescribe condition and restriction where input tax credit may be allowed partially or in a phased manner in respect of such goods for .....
Tag this Judgment!