Array ( [0] => ..... declared by a competent court to be invalid in law and held that the payment of tax already made was made under a mistake within the ambit of section 72 of the contract act and, therefore, the government to whom the payment has been made must in law repay the same. it was also held that the high court in its exercise ..... to 20.6.1984 was not submitted as required under rule 233-b of the rules without which a major portion of the claim became time barred as per section 11b of the act. the petitioner gave its reply along with all the documents complying with the requirements of the notice by letter dated 13.5.1986. on behalf of the revenue ..... the supreme court in the case of state of orissa v. orissa cement ltd. and ors. : air1986sc178 . in the supreme court case, the validity of section 9b(3) and section 14-a of the orissa sales tax act had been challenged. under the aforesaid provisions, the trader had been directed to make over illegal collections by him to the state and the slate ..... [1] => ..... in the high court committed gross error in not directing the defendant to pay back the benefits received from the plaintiff and completely ignored the provisions of section 19a of the contract act and consequently the judgments of the two courts below are vitiated thereby.mr. patra, the learned counsel for the defendant-respondent no. 1, on the other ..... performance of contract, the plaintiff having failed to obtain specific performance is yet entitled to receive the benefit which the defendant obtains, within the meaning of section 70 of the contract act and since the courts below have found that the plaintiff had paid the money to the defendant for being deposited by the defendant as well as ..... wide and can be applied at the discretion of the court to enable the court to do substantial justice. if that is the true meaning of section 70 of the contract act, on the finding that the plaintiff did pay the money to the defendant on 31-1-1968 and the defendant obtained benefits out of the said ..... [2] => ..... other regular employees and is an establishment in public sector as defined in clause (16) of section 2 of the payment of bonus act. the next question is if the n.m.r. employees were entitled to bonus under section 8 of the act. section 8 reads as under:'8. eligibility for bonus.- every employee shall be entitled to be paid ..... r.c. patnaik, j.1. this is an application by the orissa state housing board against the award passed by the labour court under section 33c(2) of the industrial disputes act directing payment of bonus to the n.m.r. employees working under the board and quantifying their entitlements in annexure-2. the award was passed in i.d ..... , we have no hesitation in holding that the n.m.r. employees are employees to whom provisions of sections are applicable and they are entitled to bonus under the payment of bonus act, 1965. the decision of the labour court is, therefore, unexceptionable and is sustained. in the result, the writ application is dismissed. no costs.v. gopalaswamy, j ..... [3] => ..... learned district judge declared that chakradhar sahu was not entitled to the properties of madhu and raghu as their heir. thereafter at the instance of chakradhar sahu a proceeding under section 145, cr.p.c. (cri. misc. case no. 167 of 1963) was initiated. in the revision arising out of the said proceeding, this court declared possession of the plaintiffs' father ..... [4] => ..... rejected in four classes of cases mentioned in clauses (a) to (d) thereof, one of those clauses being where the plaint is sufficiently stamped. sub-section (2) of section 2 of the code defines a 'decree' which means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines ..... not exhaustive as the legislature is incapable of contemplating all possible circumstances which may arise in future litigation. his lordship while dealing with the applicability of section 151 of the code to the situation arose in that case observed that although the order rejecting the plaint was a decree and was appealable, there ..... any detailed or exhaustive examination of the circumstances and situations in which it could be predicated that the court has the inherent jurisdiction which is saved by section 151 of the code. having accepted the position that the inherent powers of the court cannot override the express provisions of the law, their lordships held ..... [5] => ..... restrictions imposed by such licence under the aforesaid act. section 7 is the penal provision according to which if any person exhibits or permits to be exhibited in any place, any film other than a film which ..... seizure of the film and not the apparatus. in other words, if there is reasonable suspicion that an offence has been committed which is punishable under section 7 of the aforesaid act, the investigating agency can at best seize the uncertified film or the certified film, as the case may be, but the apparatus which has been ..... a vcr, a television and a screen with the help of which a film is exhibited come within the definition of 'cinematograph'.4. according to section 10 of the cinematograph act, 1952, no person shall give an exhibition by means of a cinematograph elsewhere than the place licensed in accordance and in compliance with the conditions and ..... [6] => ..... admitted to the privileges of the university. this is why such a college and its principal have been defined in clauses (a) and (d) of section 2 of the delhi university act. even if the office of the principal is not regarded statutory in the sense that, it is created by a statute, it is a public office ..... the university are, therefore, parts of the university. the ordinances of the university are 'law' as they are enacted in exercise of the power conferred by sections 30 and 31 of the delhi university act (sukhdev singh v. bhagat ram, (1975) 1 scc 421 : air 1975 sc 1331 and sirsi municipality v. cecelia kom francis tellis, (1973) 1 ..... ...........(a) 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 which deals ..... [7] => ..... affairs of the society and, therefore, the society must be held to be an authority controlled by the state government and consequently section 41a of the act must apply.4. section 41 a. sub-section (1) which is relevant for this case is extracted below :'41 a. constitution of and reference to the arbitration tribunal. (1 ..... considered opinion, the petitioners' society cannot be construed to be an authority under the control of the state government within the said expression used in section 41a of the act and accordingly, the dispute in question is not required to be referred to the arbitration tribunal. the conclusion of the learned subordinate judge is, ..... other authority controlled by the state' government'. therefore, the expression used in article 12 of the constitution is almost similar to that used in section 41a of the act and consequently, the ratio of several decisions explaining the meaning of the aforesaid expression in article 12 will have a great bearing in interpreting the ..... [8] => ..... regard to manufacture and production since parliament is well aware of the meaning of the phrase 'manufacture and production'. in the state financial corporation act 1951, while defining 'industrial concern' in section 2(c) parliament used the word 'manufacture' in respect of goods and 'generation' in respect of electricity. same is the phrase in ..... such property. it is needless to repeat that it is capable of abstraction, consumption, and use which, if done dishonestly, should attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted transferred, delivered, stored, possessed etc. in the same way as any other movable property....' the aforesaid passage would ..... various provisions there can be no doubt that electricity is an excisable goods liable to be taxed under the act.5. mr. mohanti submitted that electricity is not goods and accordingly by section 36 of the act 19 of 1978 inclusion of item he to the first schedule to the providing for levy of duty ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Orissa - Year 1989 - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: orissa Year: 1989 Page 4 of about 39 results (0.054 seconds)

Mar 29 1989 (HC)

Straw Products Limited and anr. Vs. Asstt. Collr. Ce and Cus. and anr.

Court : Orissa

Decided on : Mar-29-1989

Reported in : 1989(24)LC630(Orissa)

..... declared by a competent court to be invalid in law and held that the payment of tax already made was made under a mistake within the ambit of section 72 of the contract act and, therefore, the government to whom the payment has been made must in law repay the same. it was also held that the high court in its exercise ..... to 20.6.1984 was not submitted as required under rule 233-b of the rules without which a major portion of the claim became time barred as per section 11b of the act. the petitioner gave its reply along with all the documents complying with the requirements of the notice by letter dated 13.5.1986. on behalf of the revenue ..... the supreme court in the case of state of orissa v. orissa cement ltd. and ors. : air1986sc178 . in the supreme court case, the validity of section 9b(3) and section 14-a of the orissa sales tax act had been challenged. under the aforesaid provisions, the trader had been directed to make over illegal collections by him to the state and the slate .....

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Mar 17 1989 (HC)

Gouri Shankar Misra and anr. Vs. Fakir Mohan Dash and ors.

Court : Orissa

Decided on : Mar-17-1989

Reported in : AIR1989Ori201; 67(1989)CLT697

..... in the high court committed gross error in not directing the defendant to pay back the benefits received from the plaintiff and completely ignored the provisions of section 19a of the contract act and consequently the judgments of the two courts below are vitiated thereby.mr. patra, the learned counsel for the defendant-respondent no. 1, on the other ..... performance of contract, the plaintiff having failed to obtain specific performance is yet entitled to receive the benefit which the defendant obtains, within the meaning of section 70 of the contract act and since the courts below have found that the plaintiff had paid the money to the defendant for being deposited by the defendant as well as ..... wide and can be applied at the discretion of the court to enable the court to do substantial justice. if that is the true meaning of section 70 of the contract act, on the finding that the plaintiff did pay the money to the defendant on 31-1-1968 and the defendant obtained benefits out of the said .....

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Mar 14 1989 (HC)

Secretary Orissa State Housing Board Vs. Durgamadhab Nayak and ors.

Court : Orissa

Decided on : Mar-14-1989

Reported in : 67(1989)CLT798; (1994)IIILLJ516Ori

..... other regular employees and is an establishment in public sector as defined in clause (16) of section 2 of the payment of bonus act. the next question is if the n.m.r. employees were entitled to bonus under section 8 of the act. section 8 reads as under:'8. eligibility for bonus.- every employee shall be entitled to be paid ..... r.c. patnaik, j.1. this is an application by the orissa state housing board against the award passed by the labour court under section 33c(2) of the industrial disputes act directing payment of bonus to the n.m.r. employees working under the board and quantifying their entitlements in annexure-2. the award was passed in i.d ..... , we have no hesitation in holding that the n.m.r. employees are employees to whom provisions of sections are applicable and they are entitled to bonus under the payment of bonus act, 1965. the decision of the labour court is, therefore, unexceptionable and is sustained. in the result, the writ application is dismissed. no costs.v. gopalaswamy, j .....

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Mar 07 1989 (HC)

Anant Ch. Sahu and ors. Vs. Dhruba Ch. Padhan (Dead) and Dhedia Padhan ...

Court : Orissa

Decided on : Mar-07-1989

Reported in : AIR1990Ori33

..... learned district judge declared that chakradhar sahu was not entitled to the properties of madhu and raghu as their heir. thereafter at the instance of chakradhar sahu a proceeding under section 145, cr.p.c. (cri. misc. case no. 167 of 1963) was initiated. in the revision arising out of the said proceeding, this court declared possession of the plaintiffs' father .....

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Feb 24 1989 (HC)

Padmalaya Panda Vs. Masinath Mohanty

Court : Orissa

Decided on : Feb-24-1989

Reported in : AIR1990Ori102

..... rejected in four classes of cases mentioned in clauses (a) to (d) thereof, one of those clauses being where the plaint is sufficiently stamped. sub-section (2) of section 2 of the code defines a 'decree' which means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines ..... not exhaustive as the legislature is incapable of contemplating all possible circumstances which may arise in future litigation. his lordship while dealing with the applicability of section 151 of the code to the situation arose in that case observed that although the order rejecting the plaint was a decree and was appealable, there ..... any detailed or exhaustive examination of the circumstances and situations in which it could be predicated that the court has the inherent jurisdiction which is saved by section 151 of the code. having accepted the position that the inherent powers of the court cannot override the express provisions of the law, their lordships held .....

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Feb 22 1989 (HC)

Surajmal JaIn and anr. Vs. State of Orissa

Court : Orissa

Decided on : Feb-22-1989

Reported in : 67(1989)CLT596; 1989CriLJ1960

..... restrictions imposed by such licence under the aforesaid act. section 7 is the penal provision according to which if any person exhibits or permits to be exhibited in any place, any film other than a film which ..... seizure of the film and not the apparatus. in other words, if there is reasonable suspicion that an offence has been committed which is punishable under section 7 of the aforesaid act, the investigating agency can at best seize the uncertified film or the certified film, as the case may be, but the apparatus which has been ..... a vcr, a television and a screen with the help of which a film is exhibited come within the definition of 'cinematograph'.4. according to section 10 of the cinematograph act, 1952, no person shall give an exhibition by means of a cinematograph elsewhere than the place licensed in accordance and in compliance with the conditions and .....

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Feb 17 1989 (HC)

Ambika Prasad Mohanty and Etc. Vs. Orissa Engineering College and anr. ...

Court : Orissa

Decided on : Feb-17-1989

Reported in : AIR1989Ori173; 68(1989)CLT65

..... admitted to the privileges of the university. this is why such a college and its principal have been defined in clauses (a) and (d) of section 2 of the delhi university act. even if the office of the principal is not regarded statutory in the sense that, it is created by a statute, it is a public office ..... the university are, therefore, parts of the university. the ordinances of the university are 'law' as they are enacted in exercise of the power conferred by sections 30 and 31 of the delhi university act (sukhdev singh v. bhagat ram, (1975) 1 scc 421 : air 1975 sc 1331 and sirsi municipality v. cecelia kom francis tellis, (1973) 1 ..... ...........(a) 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 which deals .....

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Feb 14 1989 (HC)

The Managing Director and anr. Vs. Natabar Mohanty and anr.

Court : Orissa

Decided on : Feb-14-1989

Reported in : AIR1989Ori189

..... affairs of the society and, therefore, the society must be held to be an authority controlled by the state government and consequently section 41a of the act must apply.4. section 41 a. sub-section (1) which is relevant for this case is extracted below :'41 a. constitution of and reference to the arbitration tribunal. (1 ..... considered opinion, the petitioners' society cannot be construed to be an authority under the control of the state government within the said expression used in section 41a of the act and accordingly, the dispute in question is not required to be referred to the arbitration tribunal. the conclusion of the learned subordinate judge is, ..... other authority controlled by the state' government'. therefore, the expression used in article 12 of the constitution is almost similar to that used in section 41a of the act and consequently, the ratio of several decisions explaining the meaning of the aforesaid expression in article 12 will have a great bearing in interpreting the .....

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Jan 23 1989 (HC)

Orient Paper and Industries Ltd. Vs. Orissa State Electricity Board

Court : Orissa

Decided on : Jan-23-1989

Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)

..... regard to manufacture and production since parliament is well aware of the meaning of the phrase 'manufacture and production'. in the state financial corporation act 1951, while defining 'industrial concern' in section 2(c) parliament used the word 'manufacture' in respect of goods and 'generation' in respect of electricity. same is the phrase in ..... such property. it is needless to repeat that it is capable of abstraction, consumption, and use which, if done dishonestly, should attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted transferred, delivered, stored, possessed etc. in the same way as any other movable property....' the aforesaid passage would ..... various provisions there can be no doubt that electricity is an excisable goods liable to be taxed under the act.5. mr. mohanti submitted that electricity is not goods and accordingly by section 36 of the act 19 of 1978 inclusion of item he to the first schedule to the providing for levy of duty .....

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