Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made ..... . both the appeals were dismissed by the tribunal by order dated august 30, 1978. the said order in the proceeding under chapter xxa became final as the aggrieved party never approached the high court and, therefore, the civil court would have no jurisdiction to interfere with ..... transferee. due particulars were given to the parties and, after considering the stand of both the transferor and transferee, defendant no. 2 passed orders on march 18, 1978. the plaintiff filed an appeal against the same before the appellate tribunal and defendant no. 3 also filed an appeal against the same in the said appellate tribunal .....
Tag this Judgment!Court : Orissa
Reported in : 57(1984)CLT188; 1984(I)OLR168
..... tank or building shall be settled under this section.(i) after the expiry of a period of three years from the date of commencement of the orrisa estates abolition (amendment) act, 1978.(ii) if such land, tank or building is held by a tenant, or(iii) if such land, tank or building has already been settled by government with any other ..... was affirmed by the supreme count in k.c. gajapati narayan deo v. state of orissa, air 1953 s. c. 375.4. in 1963, the act was amended by orissa act 5 of 1963. chapter ii-a containing provisions as regards public trust was inserted. section 13-a defined 'trust estate' as an estate the whole of the net income whereof under ..... try to strengthen the doctrines of the particular school or order of which they profess to be adherents-vide b. k- mukherjea's hindu law of religious and charitable trusts, chapters ii and vii.10. if the distinctions are borne in mind, much of the criticism of the counsel for the petitioners loses its force. for a deity's performance .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... or primary object of merely beating down the compensation payable under the estates abolition scheme then pending on the legislative anvil and not for the purpose of 'financing the various development schemes in the state,' as reiterated in the statement of objects and reasons appended to the revised bill published on 22-7-1950. that ..... financial resources of the state. it is contended, therefore, that though according to the professed object of the amendment the tax was enhanced for the purpose of financing certain development schemes, this was nothing more than a mere pretence of the legislature. the statement of objects and reasons of the bill as published on 8-1 ..... areas either generally or with reference to specified case or class of cases.' similarly, section 177, madras estates land act, as it previously stood, provided that:'when any rent is settled under chapter ii of the said act, the settlement is to take effect from the beginning of the revenue year next after the date of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori153; 1985(I)OLR345
..... natural justice and consequently, the action of the corporation is vitiated.2. after the country became independent, the industrial finance corporation act came to be enacted in 1948 to set up a corporation called 'industrial finance corporation' with the object that the said corporation would provide long-term credits to industrial undertakings. with the rapid ..... may have more far reaching effect than a decision in a quasi-judicial enquiry........'in the case of smt. maneka gandhi v. union of india air 1978 sc 597, the supreme court observed in paragraph 58 of the judgment : --'...................natural justice is a great humanising principle intended to invest law with fairness ..... agreement with the financial corporation.3. according to the case of the petitioner, the corporation sanctioned a loan of rs. 6.75 lakhs on 20th january, 1978 and the stipulation in the agreement was that the loan would be repaid by eighteen half-yearly instalments of rs. 37,500/- each beginning from 28th of .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
..... until so defined, shall be those of the house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have right to speak in and otherwise to take ..... the decision of the supreme court in rajasthan state electricity board v. mohan lal (air 1967 sc 1857) (supra). it is submitted that the provisions of the constitution contained in chapter ii directly cut at the root the petitioner's contention that respondent no. 1 was disqualified under article 124(7). in the ..... chapter dealing with parliament. article 84 provides for qualification for membership of parliament, which reads as under:--'84. qualification for membership of parliament.-- a person shall not be qualified to be .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR87
..... kailash chandra patnaik, respondent no. 2 stood surety for due repayment of the loan and executed necessary deed of guarantee. the vehicle which was purchased utilising the finance advanced by the appellant-corporation, was hypothecated by means of a deed of hypothecation. the aforesaid term loan was availed on 29.10.1980. the borrower, however ..... was arrived at relying upon the ratio of the decision of the apex court in the case of the gujarat state financial corporations' case reported in air 1978 sc 1765.the question once again cropped up for consideration before a full bench of the himachal pradesh high court in the case of himachal pradesh financial ..... apex court once again reiterating the discussions made in the case of the gujarat state financial corporation (air 1978 sc 1765) (supra) held that a proceeding instituted under section 31(1) of the state financial corporations act is something akin to an application for attachment, of property in execution of a decree at a stage .....
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 : AIR1983Ori210
..... and entry 49 of list ii operate in different fields and enumerate distinct heads of power. lord thankerton observed in (1936) ac 352, in re section 3, finance act, (northern ireland), 1934:--'it is the essential character of the particular tax charged that is to be regarded, and the nature of the machinery, often complicated, ..... section 5 prescribed as 25 per centum of the annual value of the lands was substituted by 50 per cent. the orissa cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained therein.3. the petitioners hold mining leases granted by the state of orissa under the provisions ..... into force. section 3 defined certain expressions used in the cess. act, the expression 'land' was defined, as meaning 'lands of whatever description arid includes land which is covered with water, but does not include houses or buildings'. chapter ii related to imposition and application of the cess and contained the crucial provisions. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... it means that there shall be a separate judicial service free from the executive control.'the aforesaid passage brings into bold relief the legal position that in chapter vt by vesting the control of the judiciary in the high court the independence of the subordinate judiciary was achieved. the same view was expressed in bagchi ..... provided that if a question arose whether any matter is or is not a matter in respect of which the governor is, by or under this act, required to act in his discretion, or to exercise his individual judgment, the decision of the governor in his discretion shall be final.in section 52, amongst other ..... passages do not constitute libel.a distinction is to be made between an actwhich scandalises or tends to scandalise ajudge in his private or personal capacity, andan act which scandalises him in his officialcapacity. an attack on personal or privatecapacity of a judge constitutes 'libel' and notcontempt. official capacity cannot be differentiated into judicial .....
Tag this Judgment!Court : Orissa
Reported in : (1996)ILLJ1115Ori; 1995(I)OLR13
..... that the forest organisation, farm road, sambaipur is part and parcel of the appellant orient paper mills. the conduct of the appellant in mixing up capital, finance, staff and management with the forest organisation goes a long way to establish that the forest organisation is not a separate entity.(ii) security guards employed for ..... the work ends in production of finished goods. it has been held by the apex court in hyderabad asbestos cement products ltd. v. employees insurance court, (1978-i-llj-1) that an employee although may be working within the factory or out-side the factory or may be employed for administration or for purchase of ..... order of employees' insurance court, if it involves substantial question of law which means that this court while exercising the appellate power under section 82 of the act cannot interfere with the finding of fact based on appreciation of evidence recorded by the insurance court. the question whether or not certain employees answer the description .....
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