Court : Orissa
Reported in : AIR1958Ori260
..... the burden of proving that the result of the election has been materially affected on the petitioner who impugns the validity of the election, though under the english act (ballot act, 1872, section 13), the burden is upon the respondent to show the negative, i.e., that the result of the election has not been affected. ..... we think that the interpretation of sub-section (8) of section 123 and clause (b) of the explanation appended thereto of the representation of the people act put by the petitioner is correct and there is no justification for holding that only government servants were intended to be restricted from influencing voters by (sic) ..... judgment of the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, respondent no. 1, from the daspalla .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori5
..... its endowments by incurring wasteful expenditure on rites and ceremonies.'some discretion must therefore necessarily remain with the managing committee to decide, bearing in mind the finances of the temple, the amount that could be sanctioned for the rites and ceremonies of lord jagannath, and the mere conferment of such discretion will ..... not amount to interference with religious practices.12. the main point of attack by mr. gupta against the act is its repugnancy to clause (d) of article 26 of the constitution. that clause confers a fundamental right on any religious denomination to administer the ..... ancient customs and usages and the unique and traditional nitis and rituals contained in the record of rights prepared under the puri sri jaggannath temple (administration) act, 1952, in the manner hereinafter appearing etc.'. the legislature thought that the temple being an institution of unique national importance to which millions of hindu .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori1
..... by the appropriate legislature: (vide hari vishnu v. ahmad ishaque, (s) air 1955 s.c. 233). the parliament accordingly enacted the representation of the people act, 1950 (act 43 of 1950) providing a machinery to challenge an election to either house of parliament or to the house or either house of the legislature of a state ..... in section 136(2)(a) shall be punishable with imprisonment for six months or with fine or both.section 138 -- amends the code of criminal procedure (act 5 of 1898) making suitable provisions in appropriate places regarding offences relating to elections under section 171f of the indian penal code (punishment for undue influence or ..... practices and electoral offences'. part viii covering sections 139-145 deals with 'disqualifications'. for the present purpose, we are concerned with these thrre parts of the act. now coming to the sections, let us examine the nature of some of the relevant provisions.section 81 provides that any elector can present a petition calling in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori188
..... and then in addition the petition should show that it has been materially affected by non-compliance with the provisions of the representation of the people act or the rules framed thereunder. mere allegations of non-compliance with the provisions of section 77 and the rules framed thereunder cannot be held to constitute ..... inradhakanta misra v. nityananda mohapatramisc. appeal no. 1 of 1958 this court had takenthe view that the definition of 'undue influence' in section 123 of the act is rather wide in its term and contemplates four distinct forms of interference with thefree exercise of any electoral right, viz., direct interference, indirect interference, direct ..... and booklets in question. further, he challenged the maintainability of the petition as stated earlier, on the ground that the requirement of section 117 of the act had not been complied with.8. the findings of the tribunal regarding the remaining corrupt practices were that there was no undue influence practised on the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori144
..... a similar case coming under the provisions of central excises and salt act reported in union of india v. vitappa kamath air 1957 mad 110. in the second appeal before their lordships the appellant was the union of india, represented by the secretary, ministry of finance, government of india, and the question that arose was whether a ..... civil court has pot jurisdiction to order refund of the amount alleged to have been illegallycollected under the central excises and salt act on betelnuts and secondly whether on the facts of the case ..... challenge in the civil courts'.it is clear from these observations, their lordships of the privy council were very much impressed by the feature of the said act (sea customs act) that the aggrieved party had the right to approach the supreme head of the government of india, that is, governor general, who was conferred with the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori110
..... it is slightly different from the present case. there it was held that the word 'property' in clause (a) of sub-section (3) ot section 69 of the partnership act, must include a claim for money also. i may quote the following passage:'it being admitted therefore that the partnership was dissolved before the date of the suit and it ..... accounts of dissolved firm, or any right or power to realise the property of a dissolved firm.'it is conceded that, by virtue of section 42(b) of the partnership act the partnership was dissolved on the completion of the undertaking on the 5th june 1944. ' doubtless, if under the terms of the agreement between the partners the accounts were ..... any case the lower appellate court committed an error of law in holding that the suit came within the exception contained in clause (a) of section 69 of the partnership act and that it is barred by sub-section (1) of section 69 as admittedly the partnership was registered.4. so far as the first point is concerned, the learned .....
Tag this Judgment!Court : Orissa
Reported in : [1959]36ITR100(Orissa)
..... 25 and 28, 1950, respectively, which would restrict the meaning of the expression levy, assessment and collection of income-tax in section 13(1) of the finance act; nor do the recommendations bring section 13(1) into conflict with articles 278 and 295 of the constitution of india.'this decision on the interpretation of the ..... assessment and collection of income-tax occurring in section 13(1) of the finance act.the three expressions levy, assessment and collection are of the widest significance and embrace in their broad sweep all such proceedings for raising money by the exercise ..... court. in the case of lakshman shenoy v. income-tax officer, the superme court held : 'in the context and collocation of the words of the finance act, 1950, the word assessment is capable of bearing only the comprehensive meaning and would include re-assessment.re-assessment will without doubt come within the expression levy, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori196
..... that the mere fact that it was affiliated to the madras university would not make it a public institution. but it appears that the said institution was owned and financed by one person, namely, his grace the bishop of trichur and it was not in receipt of any aid or contribution either from the state or from the ..... on the judgment of bose j. in air 1952 cal 594 seems to be that it is a quasi-judicial aet. but whether it is a quasi-judicial act or administrative act, the majority view of the high courts (even that of allahabad high court as reflected in the decision of aggarwalla j.) seems to be that the student ..... , therefore, both the englishand american authorities seem to be agreed thateven in disciplinary matters the head of an educational institution has no absolute discretionarypower and that he must act reasonably and the aggrieved student must get an opportunity of beingheard and of establishing his innocence, if he sodesires.21. the indian decisions doubtless show some divergence of .....
Tag this Judgment!Court : Orissa
Reported in : [1959]10STC257(Orissa)
..... virtue of notification no. 8728-c.t.-66/49 f dated the 1st july, 1949, of the government of orissa in the finance department issued in pursuance of section 6 of the orissa sales tax act, 1947, exempting certain classes of sales from payment of sales tax. the item with which we are concerned in these petitions ..... has taken a narrow view of the word 'manufacturer'. according to him, the exemption clause occurs in a notification issued by the state government under the sales tax act and consequently the word 'manufacturer' should be so construed as to refer to a 'manufacturer-seller' or 'dealer-manufacturer'. a person who supplies raw materials to independent ..... manufacturer' within the meaning of the said exemption clause. in support of this argument he relied on the following definition of the expression 'manufacturer' occurring in the hosiery act, 1845 (8 and 9 vic. c.-77, section 9):-'manufacturer' means any person furnishing the materials of work to be wrought into hosiery goods to be sold .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori7
..... order of sanction itself. the letter of the deputy accountant-general, orissa (annexure 4) to the health secretary requesting him to send the sanction order through the finance department relates to only to a procedural detail. but so far as the validity and the binding nature of the sanction order are concerned, the letter of ..... the deputy accountant general in his letter dated 4-2-1957 (annexure 4) requested the health department to send a copy of the sanction order through the finance department and also wanted some other papers including the specimen signature of the claimants duly attested.6. in the meantime sri nabakrishna choudhury resigned from the ministry and ..... by a tonga while returning from his beat. a question haying been raised for the grant of extraordinary pension, the ministry of finance held that the postman was governed by the workmen's compensation act and is therefore excluded from the scope of the c. c, s. (extraordinary pension) rules and that there is therefore no .....
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