Court : Orissa
Reported in : AIR1968Ori1
..... appeals arise out of two suits filed by the plaintiffs for declaration that the machineries in their possession, and as described in schedule a of the plaint, are not liable for registration under section 22 of the indian motor vehicles act (hereinafter described as the act') and as such cannot be taxed under section 6 of the bihar and orissa motor vehicles taxation act (hereinafter referred to as the 'taxation act') as they do not come within the ambit of the definition of 'motor vehicles' given ..... he used an unregistered motor vehicle, a huir hill dumper, on the road in contravention of regulation 19 of the motor vehicles (construction & use regulations, 1955), made in pursuance to the road traffic act, 1930, as the vehicle was not fitted with certain instrument, capable of giving sufficient warning of approach contrary to the provisions of section 3 of the said road traffic act.it was contended on behalf of the appellant daley that these dumpers were not 'motor vehicles' within the meaning ..... section 2 (18) of the act defines a 'motor vehicle' as follows:'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external' or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of special 1 type adapted for use only in a factory or in any other enclosed premises. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori146
..... section 70, so far as is relevant, says 'the provisions of the factories act shall, notwithstanding anything contained in that act, apply to all persons employed in and in connection with a factory ..... of a single judge of a high court under any letters patent which had been admitted before the commencement of the said section 38, and every such admitted appeal shall be disposed of as if the said section 38 had not come into force;from a perusal of section 97(2)(h) of the amending act, it is clear that section 100a shall not apply to or affect any appeal against the decision of a single judge of the high court which had ..... after discussing various cases which are relevant to the issue, the learned judges of the full bench held in paragraph 41, page 65 of the report:.section 100a of the code employs the words that where any appeal from an original or appellate decree or order is heard and decided' by a single judge of a high court no further appeal ..... subbiah choudhury reported in : [1957]1scr488 and the decision of this court in the special land acquisition officer (supra), these appeals are maintainable as the suit was filed in 1990.this court is unable to accept the aforesaid ..... , was, therefore, right in taking the view that because of the non obstante clause section 64 read with rule 100 itself would not apply to the respondents and they would be entitled to claim overtime wages under section 59 of that act read with section 70 of the bombay shops and establishments act, 1948.21. .....
Tag this Judgment!Court : Orissa
Reported in : (1977)ILLJ358Ori
..... the inspector of factories, rayagada got the accident report from the respondent-manager on 25-8-1973 the inspector visited the factory thereafter on enquiry a report was sent by him saying that the respondents who were the occupier and manager had violated the provisions of sections 21(1)(iv)(c) and 22(1)(b) of the factories act. ..... sional judicial magistrate, rayagada acquitting the respondents of the offences under sections 21(1)(iv)(c) and 22(1)(b) of the factories act.2. ..... the term 'dangerous part' is not defined in the factories act. ..... it was held that the test whether machinery was 'securely fenced' within the meaning of section 13(1) was whether it was so fenced as to give security from such dangers as might be reasonably expected ..... terry & sons ltd a machine was guarded by a rail about four feet above the floor of a factory occupied by the defendants, but a pulley wheel, shaft and pinion. ..... 1, the inspector-of factories say on the receipt of the report ..... defence taken by the respondents is that the roller drum is adequately guard-ed by its position which is at a height in accessible to a man standing on the ground as wel as by its construction so as to make it safe to every person employed in the factory. ..... duster section over a roller drum which is placed at a height of 9 feet from the ..... part of the machinery would be called dangerous if it is possible to cause injury to anybody while acting in a way in which a human being may reasonably be expected to act in normal circumstances. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori232; 23(1957)CLT221
..... next objection of the learned advocate-general is with regard to serious practical difficulties in working out the provisions of the orissa river pollution prevention act, 1953 and of the factories act, 1948, as also the industrial disputes act, if the registered offices of the companies are transferred to calcutta. ..... ' though under section 12 of the indian companies act, of 1913 the memorandum of association may be altered with regard to its registered office by a special resolution to be confirmed by a court, yet it is clear from the unalterable nature of a registered office in england that the registered office of a company in india should not be altered and the alteration should not be confirmed as and when the company passes a ..... , a limited liability company having its registered office at brajrajnagar in the district of sambalpur in the state of orissa, under section 12 of the indian companies act, 1913 for confirming a special resolution of the company passed at an extra-ordinary general meeting on 26-8-1955 ..... in construing sub-section (2) of section 168 of the madras estates land act : 'in settling rents under this section, the collector shall presume, unless the contrary is proved that the existing rent or rate of rent is fair and equitable and shall have regard to the provisions of this act for determining rates of rent payable by a ryot,' the judicial committee held that the expression 'shall have regard' has no more definite or technical meaning than that of ordinary .....
Tag this Judgment!Court : Orissa
Reported in : (1992)IILLJ253Ori; 1991(I)OLR362
..... 'principal employer' has been defined in section 2(17) to mean, inter alia, so far as a factory is concerned, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 1948, the person so named. ..... facts stated in a nutshell are that certain dues were determined under section 45a by the petitioner under the employees' state insurance act, 1948 (hereinafter referred to as 'the e.s.i.act') as being payable by the opposite party no. ..... 4 has been determined by the corporation, it has to be collected as provided under section 45b as arrears of land revenue and that in view of the provisions of section 75(3), ousting the jurisdiction of the civil court to determine such question, it must be held that the objection, as was raised by the opposite party ..... the case being already an old one, the certificate officer is directed to dispose of the case within three months from the date of receipt of the writ from this court ..... such objection was sustained by the certificate officer and the certificate proceeding was dismissed against which the petitioner moved in appeal and thereafter in revision but having failed before all the forums, has come before this court.3. mr ..... case is remanded to the certificate officer to proceed with the certificate afresh. ..... 4 before the certificate officer, was not available to be advanced .....
Tag this Judgment!Court : Orissa
Reported in : 1986(10)ECC10; 1987(27)ELT27(Ori)
..... during the arguments it was contended by the learned counsel appearing for the defence that the provision of section 9(1)(bb) of the act having been inserted in the statute by amending act 36 of 1973 which received the presidential assent on 1.9.1973 and the alleged offence being in relation, to a period prior to the same, the accused cannot be made liable for the ..... a document written and signed by biswanath agarwal on 5.8.1973 indicating the seizure of several books and registers from the factory premises of the respondents and it further indicates that biswanath was not able to explain the entries in question. ..... inspector of central excise, has stated in his evidence that on getting reliable information that matches are being clandestinely manufactured and are removed without payment of excise duty in the factory premises, a surprise check was made by him along with p.w. ..... of the evidence on record, the learned trying magistrate who was the chief judicial magistrate, came to hold that both the accused persons were guilty of the offence under section 9(1)(b) of the act and accordingly convicted them under the said section and passed a sentence of fine of rs. ..... on 5.8.1973, p.w.5 along with his staff again went to the factory and seized the books of accounts under seizure list (ext.2) and returned those books which were not relevant ..... of the rules prohibits removal of excisable goods without payment of excise duty and without obtaining permission of the proper officer for such removal. .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT37; [2000(85)FLR239]; (2000)ILLJ609Ori; 1999(II)OLR530
..... have further urged that since security service requires well trained and disciplined security personnel, the central industrial security force (for short, 'cisf') has been constituted under the industrial security force act, 1968 and the management of nalco has taken steps to induct the personnel from the said security force in gradual process by replacing the present security arrangement, their further seek to that investigation ..... it is also admitted that labour and employment department, government of orissa, in exercise of power conferred by sub-section (1) of section 10 of the act prohibited employment of contract labour in the work of security service of nalco by notification dated april 9, 1991, the validity of which came to be challenged by opposite party ..... a member, by judgment dated september 28, 1993 quashed the said notification, since all the factors provided in sub-section 1 of section 10 of the act were not taken into account by the subcommittee while recommending prohibition of engagement of contract labour.8. ..... their lordships held that even if there is no prohibition of employment of contract labour under section 10(1) of the act, the high court in exercise of power under article 226 of the constitution can give suitable direction to absorb the contract labour as regular ..... parties 7 and 8 in their counter affidavit have pleaded inter alia that opposite party, a limited company registered under the companies act, is having its registered office at hyderabad. .....
Tag this Judgment!Court : Orissa
Reported in : 40(1974)CLT257; (1974)IILLJ115Ori
..... authority operating under the employees' state insurance act, 34 of 1948 (hereinafter referred to as the act) required the company to pay the special contribution in terms of section 73a of the act and demanded a sum of rs. ..... merely because in some future date the benefits under the act would be conferred upon the employees of the factories, fees, cannot be levied from them without providing any service.similarly the contention that the employees of the factories in india constitute a class and inasmuch as 90% of the employees of that class are being benefitted, 10% who may not get actual benefits but who are likely to get benefit in the near future ..... from one area or class of employees cannot be said to be conferring benefit on them when services are rendered or benefits are conferred as in this case on altogether different factories.we respectfully agree with the view expressed by the division bench of the andhra pradesh high court. ..... that it is not for special services rendered to the persons or employees of the factory on whom the levy is imposed, then it cannot be a fee.chapter va was inserted in 1951 and since years the factories to which chapters iv and v have not yet been applied are paying the special contribution under section 73a. ..... even a casual reading of the act would indicate that each factory of establishment is taken as a unit and it is from the employees in the factory or establishment as the unit that the fee is taken for rendering service to the employees of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori62; [1962]32CompCas497(Orissa)
..... high court should therefore be based on contradiction of those objects only specified in clauses (a) to (g) of section 17(1) and other considerations should not be allowed to prevail; that the location of the registered office is relevant only for the purpose of the companies act; and for all other purposes, in a case in which there is a factory and other unit of production, as in the present case, the local office of such factory or other unit of production is sufficient and is competent.with particular reference to income-tax, the ..... learned counsel, reiving on section 4a of the income-tax act, contended that the company is a resident in the taxable territory .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
..... matter of supply of energy had actually to draw thermal power: the scheme upon which the board relies is not a scheme under the statute and keeping in view the respective locations of the hydel station, the factory of the petitioner and the thermal station, we see no justification in the stand of the board that as the power generated from the two projects had been intergrated, the petitioner became obliged to meet the coal ..... framing a scheme had not been followed in the case of the thermal project in justification, however, it has been pleaded that it was not a scheme of the board and chapter v did not apply to it.section 60 of the act provides--'(1) all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for the state before the first constitution of the board shall be deemed to have been ..... as per the provisions of sections 49 and 59 and the sixth schedule of the indian electricity (supply) act, 1948, the levy of coal surcharge is permissible under the aforesaid circumstances.the quantum of a coal surcharge is, however, dependent on the rise or fall in the cost of coal delivered at the talchcr thermal power station and on the basis of ..... election officer, air 1972 ori 8. ..... the petitioner is a public limited company with its registered office at calcutta. .....
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