Judgment Search Results Home > Cases Phrase: finance act 1970 chapter i preliminary Court: orissa Page 4 of about 130 results (0.094 seconds)

Niranjan Behera and anr. Vs. Laxmidhar Rana and ors.

Court : Orissa

Reported in : 70(1990)CLT48; 1991CriLJ1599

..... construction placed on them would not defeat the very object of the legislation. in the absence of any express prohibition, it is appropriate to construe the provisions in chapter ix as conferring an implied power on the magistrate to direct the person against whom an application is made under section 125 of the code to pay some ..... .'in air 1967 sc 1048, khambhalia municipality v. the state of gujarat, the question that arose for consideration was whether section 9(1) of the gujarat panchayats act did not enable the government to delegate the function to the development commissioner to make an enquiry. the court ruled :--'.......the power to make the declaration necessarily carries ..... those things are also supposed to be granted, without which the jurisdiction cannot be exercised.'(the law lexicon, reprint edition 1987,at page 267)in air 1970 sc 140, sub-divisional officer, sadar, faizabad v. shambhoo narain singh, it was held as follows (at page 142):--'it is well recognised that where an .....

Jagannath Dash Vs. State Bank of India and ors.

Court : Orissa

Reported in : (1979)IILLJ131Ori

..... on behalf of the petitioner. in fact the supreme court had examined the provisions of the oil and natural gas commission act, 1969, industrial finance corporation act, 1956 and thereafter held that various regulations framed under the respective acts were statutory as the procedure which was required to be followed in framing the said regulations had been followed in these ..... of one bankey prasad singh. petitioner entered into an arrangement for purchaing this vehicle and the agreement was entered into between him and one bhagwandas agarwalla on 5.10.1970. in para 1 of the agreement it was stated:the seller (no. 1) is the real owner of the vehicle no. wbj 2130, although the ownership ..... the court relying upon the dictum of the supreme court in the case of executive committee of u.p. state w. corporation, lucknow v. c.k. tyagi : (1970)illj32sc , and in re': indian airlines corporation : (1971)illj496sc came to hold that the state bank of india did not come within the ambit of article 12 and .....

M/S. Kukumina Constructions (P) Ltd. Vs. Sub-registrar-cum-stamp Colle ...

Court : Orissa

..... deficient amount, if any, shall be payable by the person liable to pay the duty."rule 28 of the orissa stamp rules, 1952 as added under chapter-v by the finance department notification no.5196-st-2162 (pt.)-f dated 15th february, 1963 is quoted below:- "28. return of instrument where an instrument has been referred ..... provisions has justified his action in withholding the registration certificate. to appreciate this contention, it is necessary to know what is contemplated in section 47a of indian stamp act, 1899 (orissa amendment) and rule 28 of the orissa stamp rules, 1952. the relevant provisions of section 47 a are reproduced below: "47-a. instruments ..... rights or where there has been a violation of principles of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of the act is challenged. in view of the above, the preliminary objection raised by the opp. parties regarding maintainability of the writ petition on the ground of alternative .....

Sri Santosh Kumar Agarwalla Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1973Ori217

..... enunciated above, we find that there is nothing on record to indicate that the government acted either unjustly or capriciously. to repeat what has already been stated, long before the auction in question was held on 21-10-1970, opposite party no. 4. who owns a factory at jharsuguda where genduli gum is ..... being informed. yours faithfully, k. s. chandrasekharan for secretary to government. memo no. 22151-c. f.dated the 10th december, 1956.copy forwarded to the *finance department for information and communication to the deputy accountant-general orissa.* consulted unofficially. k.s. chandrasekharan for secretary to govt.'the relevant portion of the statement attached ..... rules of business. had the various officers exercised the powers so delegated to them, no exception could have been taken on the ground that the finance department bad not been previously consulted. when in this case instead of the various subordinate officers named in the statement exercising those powers government in the .....

Susanta Kumar Moharana Vs. Ramesh Kumar Bhatta

Court : Orissa

Reported in : 2006(1)ALD(Cri)29; IV(2005)BC210; 99(2005)CLT753

..... of these two sections can be understood if they are read conjointly with sections 143 to 144 of the said act. sections 143 of the n.i. act mandates summary trial for all offences under chapter-xvii of the act so that quick disposal of the case can be achieved an the payee of the cheque would get early justice. ..... recorded under section 200, cr.p.c. in this regard, mr. mohanty relied on (2004) 29 ocr (sc) 866 (supra); (2000)18 ocr 398 (biswaranjan pattnaik v. tee, finance company ltd., represented by its managing director bhubaneswar); (2001) 18 ocr 733 (subrata kumar dash v. pradeep kumar ram): (1999) 17 ocr (sc) 555 (k. bhaskaran v. sankaran ..... get premium and escape from the legal consequence of section 138(b) of the n. i. act in a manner, which would help a dishonest evader. similar view was also taken by this court in the case of biswaranjan pattanaik v. teen finance company ltd., represented by its managing director, bhubaneswar, (2000) 18 ocr 398. the judicial pronouncements .....

M.K. Raghavan Vs. the Municipal Council and anr.

Court : Orissa

Reported in : AIR1973Ori186

..... 887 = (air 1912 sc 1311) it has been indicated that the equitable rule of estoppel has gained new dimensions in recent years. in lever finance ltd. v. west minster (city) lbc. (1970) 3 wle 732 (ca) an instance of extended doctrine of the rule is available.9. we have indicated at length the facts of the present ..... contention that the petitioner rightly thought that no relief could be had from government. the preliminary objection, therefore must stand overruled.5. section 73 of the municipal act vests power in the municipal council to determine its establishment but subject to the previous sanction of the state government. section 387 (2) (xxiii) authorises the ..... mentioned about the petitioner's appointment. on 16th september, 1967, the director of urban local bodies communicated sanction under section 75 (11 of the orissa municipal act to the creation of a permanent post of overseer from the date the post had actually been filled up. in the mean time, the superintending engineer, northern .....

Sukri Janiani Vs. the State

Court : Orissa

Reported in : 1985(I)OLR395

..... made in the code of criminal procedure, rules have been prescribed by this high court in general rules and circular orders (criminal), volume i, published in 1977. chapter viii of part i contains the rules in this regard and we would mention a few of them. ordinarily an accused person should be allowed a few hours for ..... been laid down by the supreme court in air 1960 s. c. 961: ramanlal mohanlal pandya v. the state of bombay, air 1970 s. c. 1330 : sheshanna, bhumanna yadev v. state of maharashtra, and air1980s. c. 1382. state (delhi admn.) v. v. c, shukla, the evidence of an accomplice ..... of corroboration would mean not only corroboration with regard to the crime, but also with regard to complicity of the criminal. for instance, section 133 of the evidence act provides that an accomplice shall be a, competent witness and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. but as has .....

Kishore Mohanty Vs. Birendra Chandra Pandey and ors.

Court : Orissa

Reported in : 1999(II)OLR78

..... to an elector and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the election commission may direct. para 2.1 of chapter vii of the hand book for presiding officers (issued by the election commission of india) provides that every ballot paper before it is issued to an elector ..... allegations pleaded in the election petition.12. learned counsel for the petitioner contended that there was total violation, wilful infringement and non-compliance of different provisions of the act, the rules and orders which amounted to fraud on election process.shri mukherjee, learned counsel for the respondent no. 1, submitted that there is no pleading ..... that there has been an improper reception, refusal or rejection of votes will not be sufficient to support an order for inspection.'while interpreting section 94 of the act, the supreme court in s. raghbir singh gill v. s. gurcharan singh tohra : air 1980 sc 1362 held as follows :'the interpretation of section 94 .....

Orissa Power Generation Corpn. Ltd. Vs. Orissa Electricity Regulatory ...

Court : Orissa

Reported in : AIR2005Ori125

..... the examination and consent by the commission. in support of this contention, he relied on the decision of the supreme court in reserve bank of india v. peerless general finance and investment co. ltd. air 1987 sc 1023, india thermal power ltd. v. state of : [2000]1scr925 , and the decision of the andhra pradesh high ..... escrow agreement between gridco and cesco. he cited the decision of the supreme court in m.c. chacko v. the state bank of travancore, trivandrum, : [1970]1scr658 , for the proposition that a beneficiary under the contract can also enforce the contract even though he is not a party to the contract and submitted that ..... held that the agreements executed by the generating companies with the andhra pradesh state electricity board are specifically saved under various provisions of the andhra pradesh electricity reforms act, 1999 and are binding on its successor, namely, andhra pradesh transco. in the said decision, the andhra pradesh high court further held that the commission in .....

New India Insurance Co. Ltd. Vs. G. Krishna Rao and ors.

Court : Orissa

Reported in : 1995ACJ176; 78(1994)CLT767; [1995(71)FLR1]; (1995)IILLJ1041Ori; 1994(I)OLR491

..... of and in the course of employment, his employer shall be liable to pay compensation in accordance with the provisions contained in chapter ii of the act.8. it is trite law that to come within the purview of the act, the injury (or death) by accident must arise both out of and in the course of employment. lord sumner in lancashire ..... he was acting, or should have been in the position in which he was, whereby in the course of that employment he sustained injury.'9.the supreme court in mckinnon mckenzie and co. private ltd. v. ibrahim mahommad is-sak, (1970-i-llm6) observed pp 18-19.'the words 'in the course of employment' mean 'in the course of the ..... the accidental death arose out of and in the course of employment of the deceased. for the aforesaid reasons the employer cannot be held liable to pay compensation under the act. as a necessary corollary it follows that no liability can be fastened on the appellant.11. in the result, the order of the commissioner cannot be supported which is .....