Court : Orissa
Reported in : 50(1980)CLT245; 1981CriLJ39
..... this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the magistrate otherwise directs-provided....(7)...sub-sections (1 ..... after commencement and before completion of the enquiry. the division bench decision of this court in mandalapu sundar narayan v. v.v. chenulu 36 cut lt 954 : 1970 cri lj 1378 directly militates against this view. in that case the narrow view adopted by the majority of high courts was not approved, and it was held ..... salutary nature. doubtless, some enquiry should be made by the magistrate before he exercises his power under section 117(3) and the facts requiring the magistrate to act in this direction should be of a definite character. in the present case, before the passing of the impugned order the order under section 112 had already been .....
Tag this Judgment!Court : Orissa
Reported in : [1980]45STC170(Orissa)
..... government were to issue a notification with retrospective effect, such a notification shall be ultra vires in view of the income-tax officer, alleppey's case a.i.r. 1970 s.c. 385, which case also relates to a notification retrospectively authorising and investing powers of a tax recovery officer in a specific authority and such a notification, ..... .i.r. 1960 mys. 326, paras 13 and 14).this view was affirmed by the supreme court in the income-tax officer, alleppey's case a.i.r. 1970 s.c. 385, wherein it was held that the parliament can delegateits legislative powers within the limits. where any rule or regulation is made by any person or authority ..... other questions would not arise.7. a preliminary question has been raised for consideration in these cases. the notification of the finance department of the government of orissa was issued under section 3-b of the orissa sales tax act on 23rd may, 1977, imposing purchase tax on bamboos agreed to be severed and standing trees agreed to be severed. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori79; 48(1979)CLT333
..... has framed the orissa municipal rules, 1953, in purported exercise of powers vested under clauses (i) and (ii) of sub-section (2) of section 387 of the act. chapter-i thereof makes provision for 'rules of business'. rule 4 requires that a councillor desirous of moving a motion has to give notice in writing to the chairman not ..... any action of the municipality as tax-payers. it is not a case where the municipality started a new adventure not in existence beforehand and such an adventure affects the finance of the n. a. c. and the petitioners are affected thereby. therefore, the decisions relied on by the petitioners are not applicable to the case, on the ..... by a council or by the chairman. ..........thus rule 43 is an express negation of secret voting. it is submitted that rule43 is mandatory.........'reference was made to chapter-i of the municipal rules dealing with 'rules of business' and reliance was placed on rule 23 of the orissa municipal rules, where it has been expressly provided .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Orissa
Reported in : 45(1978)CLT343; 1978CriLJ1310
..... appellate court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 of chapter xxx. the principle as to the finality of the criminal judgments has been recognised by the supreme court in janardhan reddy v. state of hyderabad : [ ..... the unauthorised construction or obtained necessary permission from the municipality. aggrieved by the judgment of this court the petitioner, preferred criminal appeal no. 9 of 1970 before the supreme court and by judgment dated 1-8-73 the supreme court dismissed the appeal and confirmed the conviction and the sentences passed by this ..... this criminal revision has been filed under the following circumstances : the opposite party launched prosecution against the petitioner under section 385-a of the orissa municipal act for unauthorised construction of a pucca building. the petitioner pleaded not guilty and contended that he constructed the house on old foundation which was existing there .....
Tag this Judgment!Court : Orissa
Reported in : 45(1978)CLT297; 1978CriLJ1312
..... a dispute not being to be agitated in a civil court (vide air 1968 ori 239 : 1968 cri lj 1629, pitabas v. krushna; : air1964ori204 , banamali mohapatra v. baira nahak and (1970) 36 cut lt 894, biramani sahu v. parameswar kuar). the order passed by the executive magistrate appointing the revenue inspector as the custodian of the standing crop though an interlocutory ..... opposite parties that possession has been declared in favour of the petitioners due to the support of the landlord avails them not. under section 67 of the o. l. r. act, the civil court's jurisdiction has been barred. in the circumstances of the case, there is no question of delivery of possession of die land. as soon as the ..... parties in the o. l. r. court was a rival claim of tenancy in respect of the disputed lands. the word 'tenant' as defined under the o. l, r. act, means 'a person who has no rights in the land of another; but under the system, generally known as bhag, sanja or kata or such similar expression as under any .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori19; 1977CriLJ2053
..... a confession that is not voluntary. section 164, criminal procedure code does not lay down any rule for giving time for reflection before recording a confession. by rule 14 of chapter iii, part i of the high court's general rules and circular orders (criminal) volume i this court also does not specify as to what minimum time should ..... recorded it, tinder section 533 cr. p. c. (old). this section, however, says nothing about there being any presumption regarding the voluntariness of the confession.23. in ilr (1970) cut 649 (arakhit v. state) the record of confession did not show that the magistrate (p. w. 27) had explained to both the confessing accused that any confession made ..... be used as evidence against him. in the circumstances, we hold that the confession is not one upon which a court can properly act.(underlining is ours)the decisions of this court in arakhit's case (ilr (1970) cut 649) and naidu budhia's case ((1974) 40 cut lt 313) were reached on the peculiar facts thereof and no .....
Tag this Judgment!Court : Orissa
Reported in : 43(1977)CLT393; [1978]113ITR196(Orissa)
..... shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the sub-section was substituted and the new provision ran thus :notwithstanding anything contained ..... 105itr56(orissa) directly applies. after referring to several authorities, this court observed :'if the inspecting assistant commissioner had passed final orders prior to the amending act of 1970, there would have been no question of loss of jurisdiction, but as the matter was still pending and by change of procedure the references became incompetent ..... refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty. 'the taxation laws (amendment) act of 1975 deleted sub-section (2) of section 274 with effect from april 1, 1976. it is thus clear that .....
Tag this Judgment!Court : Orissa
Reported in : (1977)ILLJ403Ori
..... society is vested with certain rights and is also under obligation of certain liabilities towards the members and its creditors. chapter iv of the societies act provides for its management, and the provisions contained in chapter vii indicate that a registered society earns profit and dividends are paid, its funds are invested in profitable manner and ..... cooperative union bank ltd., v. s. jaganath rao and anr. (supra). the decision of the supreme court in state of onssa v. sudhanu sekhar misra : (1970)illj662sc , referred to by the trial court doe3 not appear to me to support his views. the learned subordinate judge was in error in decidiag issues 3 and ..... to deal with such disputes involving parties to that dispute, namely, the employer and the workman as defined in section 2(i) of the act. section 2a of the act specifically provides that where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT439; (1977)ILLJ36Ori
..... to 'termination of service.6. reliance whs also placed on a decision of the supreme court in the case of mackinnon mackenzie & co. v. i.m. iassk [1970-i l.l.j. 6] for the meaning of the phrase 'arising of' of'. a tiling is said to arise out of another when there is a close nexus ..... the federal court, counsel for the petitioner maintains that the claim of gratulty is not connected with the four types of termination of service indicated in section 2a of the act. on the ratio of this decision, petitioner contention cannot succeed. 'black marketing' does not stand the same relationship with 'maintenance of public order' as 'gratulty' would ..... or with the conditions of labour, of any person.under the scheme of the act, reference of disputes by the appropriate government to board, court or tribunal according to the provisions of 'chapter iii is contemplated and section 2a was inserted into the act 35 of 1965 and provides:where any employer discharges, dismisses, retrenches or otherwise terminates .....
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