Court : Orissa
Reported in : 2007CriLJ2241
..... various social measures and social changes, legislature in its wisdom has probably thought it necessary that maintenance of wife and daughter, legitimate or illegitimate, as provided under section 125, cr.p.c. should be made available only to those who are unable to maintain themselves, or have no sufficient means to maintain themselves. in ..... said judgment of the revisional court, rama chandra has filed this wpcrl.5. mr. srinivas misra, learned senior counsel appearing for petitioner-rama chandra, relying upon section 125(1)(b) and (c) of the code of criminal procedure submitted before this court that a person is only liable to maintain his legitimate or illegitimate ..... needs determination in this case.2. tapaswini sahoo, and her daughter kumari bhanumati sahoo, present opposite party nos. 1 and 2 respectively, filed a petition under section 125, cr. p.c. before the sdjm, anandapur which was registered as criminal misc. case no. 62 of 2002 claiming maintenance from the present petitioner-rama .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT633
..... effect from 26.1.1976 as the rourkela improvement trust.the state government by virtue of the notification issued under section 3(i) of the orissa development authorities act, 1982 (hereinafter 'the act') constituted the rourkela development authority (hereinafter 'the rda') which incorporated the areas under the rourkela regional improvement trust. the petitioner, ..... annexure-2/a.3. learned counsel for the petitioner relied upon the provisions made in the act and submitted that the petitioner is entitled to pension and the provident fund. the provisions of section 83 of the act are as follows:83. pension and provident fund.(1) the authority shall constitute for the benefits ..... state government may declare that the provisions of the provident fund act, 1925 (act 19 of 1925) shall apply to such fund as if it were a government provident fund.learned counsel for the petitioner further submitted that section 83 of the act is mandatory and requires the authorities to make arrangement for payment .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT658; (2008)14VST379(Orissa)
..... industrial policy itself. in this view of the matter, the court held that any notification issued by the govt. order in exercise of the powers under section 7 of the bihar finance act, 1981, if it would be found to be repugnant to the industrial policy declared in a govt. resolution, then the notification must be held to be ..... , the industrial incentive policy was issued by the state govt. after such policy was approved by the cabinet itself and the issuance of the notification under section 7 of the bihar finance act, 1981 was by the state govt. in the finance department, which notification was issued to carry out the objectives and the policy decisions taken in the ..... to cover the nalco against any eventual liability. thereafter the state govt. in finance department by notification no. sro 932/2002 dated 12.11.2002 issued under section 6 of the orissa sales tax act, 1947 (annexure-17) amended item no. (ii) of the third proviso to clause 3 of entry 43-a of its notification dated 23.4.1976 .....
Tag this Judgment!Court : Orissa
Reported in : [2007(114)FLR310]
I. Mahanty, J.1. The petitioner in this writ application Shri Chittaranjan Sahu was appointed as a Lecturer in Economics and also put in charge of the post of Principal on 16.5.1964. Thereafter, the petitioner was working as the Principal of D.K. College, jaleswar, Principal of Paradip College, Paradip, Principal of A.B. College, Vasudevpur and was appointed on 3.10.1989 as the 'Development Officer' of Utkal University. He worked ns the Development Officer from 3.10.1989 till 31.5.1995 whereafter, for the period from 1.6.1995 till 6.8.1998, he remained in charge of the Director, College Development Council of Utkal University, in addition to his original post of Development Officer.2. The essence of the grievance of the petitioner relates to the question as to the 'scale of pay' he would be entitled to during the period he served as the Development Officer and the period during which he served as a Director of College Development Council. The next question relates to as to what would b...
Tag this Judgment!Court : Orissa
Reported in : (2007)208CTR(Ori)380; [2007]293ITR502(Orissa)
..... supreme court held that there is no dispute about the amalgamation of the two companies and the central government passed the order of amalgamation under section 396 of the companies act and clause 7 of the amalgamation order provides for continuation of the suit or legal proceeding against the corporation instead of omc alloys ltd. ..... of bombay high court.26. the learned counsel for the revenue on the other hand contended that the order of amalgamation which was passed under section 396 of the companies act does not make any provision of clarification. it was stated that the clarification order dt. 17th march, 1993 has no legal basis. it ..... by the government of india, ministry of law, justice and company affairs, the subsidiary company was merged with the corporation in public interest as contemplated under section 396 of the companies act.4. clause 4(2) of the said notification stipulates as follows:4. amalgamation of the companies.(1) xxxxxxx(2) for accounting purposes, the amalgamation .....
Tag this Judgment!Court : Orissa
Reported in : (2008)11VST844(Orissa)
..... of the industrial policy resolution, 1989 (hereinafter referred to as 'ipr 1989') and as a consequence thereto, to quash the notice issued under section 12(8) of the orissa sales tax act, 1947, vide annexure 2.4. mr. ganesh, learned senior advocate appearing on behalf of the petitioner-company, advanced the following contentions:i. ..... 's industrial licence' or 'the goods that can be produced against installed capacity', but exemption of 'tax liability' in respect of admitted transactions, under the act, on sales of goods from out of the actual production, against installed capacity or licensed capacity. the exemption is inextricably linked to or inseparable from the admitted ..... quantum/ extent of exemption as stipulated in the notification is limited to only the transaction of sales of goods by an assessee under the orissa sales tax act. therefore, no exemption is available nor can be claimed in respect of transactions, which are not so admitted. he submits that the petitioner-company has .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT345
..... that f.i.r., investigation was undertaken and after completion of investigation charge sheet was submitted for the offence under sections 148, 302/149 and sections 302/109 and section 3 of the explosive substances act. since remaining four accused persons could not be made available because of their absconding, the appellants and the three acquitted ..... perversity in assessing and appreciating the evidence when he recorded that prosecution has been able to prove the charge under section 302/149, i.p.c. and section 3 of the explosive substances act against the accused-appellants. we find no merit in the appeal so as to disturb that finding of the trial ..... addl. sessions judge delivered the impugned judgment on october 28, 1996 convicting the appellants for the offence under sections 302/149 i.p.c, section 148 i.p.c. and section 3 of the explosive substances act and sentencing them respectively for imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for five .....
Tag this Judgment!Court : Orissa
Reported in : [2007(113)FLR834]
..... defalcation of that amount the entire pension and gratuity amount cannot be withheld. if we allow the state to do so, in that case we will be permitting them to act in an unjust and unreasonable manner. we therefore affirm the order passed by the tribunal dated 5.10.2005 and we make it clear that no observation made in the .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT81
..... of the stale as a facilitator, rather than doer by involving voluntary organizations and local bodies in the implementation of the proposed legislation. in the said act under the definition section, i.e., section 2(d) 'child in need of care and protection' has been defined. in sub clause (iii) of the said definition, it defines that ..... land in question was refused.4. as claimed by the petitioners in both the writ petitions, the open learning systems is a registered society under societies registration act, 1860 and in a voluntary organization established to achieve the objectives of fostering all-round development of children. it is claimed by the petitioners that the ..... 6118 of 2006 has been filed by the open learning systems which is a non-government voluntary is organization and registered as a society under the societies registration act, 1860. the said organization has sought for quashing the order dated 17.4.2006 of the government rejecting the application of the petitioner dated 12.9. .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori
..... the country. the report was submitted before the cacls and keeping in view the guidelines laid down in clauses (a) to (d) of sub-section (2) of section 10 of clra act, the central government has issued the notification dated 17.3.1993. reference has been made to certain decisions of the apex court which would be dealt ..... the petitioner that the central government having not consulted the central advisory contract labour board as contained in clauses (b), (c) and (d) of section 10 of the clra act, the impugned notification is vitiated and liable to be quashed has to be rejected. central government has taken the specific stand that before issuing notification dated ..... work in any establishment would be abolished or not is a matter for the decision of the appropriate government after considering the matters required to be considered under section 10 of the act. the decision in bhel workers association v. union of india and ors. : (1985)illj428sc and the workman of fci v. fci : (1985)iillj4sc .....
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