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Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Court: orissa Page 11 of about 110 results (0.103 seconds)

Apr 17 2007 (HC)

Jogendra Majhi (Dead) After Him Smt. Bidulata Majhi and anr. Vs. Jahaj ...

Court : Orissa

Reported in : AIR2007Ori142; 2007(II)OLR47

..... . this cross-appeal by the defendants is against the findings on issue nos. 9 and 10 recorded by the learned subordinate judge, nayagarh in o.s. no. 13 of 1978-1.2. respondent nos. 1 and 2 filed the aforesaid suit to declare that defendant no. 4-jogendra kumar guru is not the legally adopted son of balabhadra majhi; grant ..... and the adoptive parent shall receive him. the nature of ceremony may vary depending upon the circumstances of each case, but there should essentially be a ceremony including the act of giving and taking of the child. in essence, all that the law requires for valid adoption is that the natural father shall be asked by the adoptive parents ..... of 'virudha sambandha' noted in paragraph 480 (supra) has been given a go bye and persons, who may be adopted, has been described in section 10 of the said act, which reads as follows:persons who may be adopted.- no person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:(i) he or she .....

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May 13 1988 (HC)

Uchhab Sahoo Vs. the State

Court : Orissa

Reported in : 1989CriLJ168

..... medical college hospital, cuttack for mental treatment. d.w. 2 is the professor of psychiatry in the s.c.b. medical college who deposed that in the year 1978 when he was associate professor and additional superintendent of mental health institute, the appellant was brought to him by his uncle. on examination he had found the appellant showing ..... of the exceptions from criminal prosecution, the onus is upon him to establish the facts constituting the exception, since as is required under section 105 of the evidence act, such facts being within his special knowledge, can only be established by him. the onus so cast upon the accused however is not of the same rigorous standard ..... the vital organs. there is thus conclusive evidence that the death was homicidal.4. since the appellant has raised plea of insanity while admitting the commission of the act, it is to be seen how far he has been successful in establishing such plea. in a. criminal prosecution it is well settled that the burden on the .....

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Oct 24 1994 (HC)

Commissioner of Income-tax and Another Vs. Parameswari Devi Sultania a ...

Court : Orissa

Reported in : (1995)123CTR(Ori)39; [1995]213ITR386(Orissa)

..... r. k. patra j. - the petitioners in this revision are the commissioner of income-tax and the union of india represented by its secretary in the ministry of finance. they as defendants nos. 6 and 7 in title suit no. 6 of 1992 pending in the court of the subordinate judge, sonepur, commenced by opposite party no. 1 ..... the director of income-tax (investigation), hyderabad, search and seizure operations were conducted in the residence-cum-business premises of opposite party no. 2 who is an assessee under the act. in the course of the search, assets in the shape of cash, jewellery, gold ornaments, silver articles, silver coins and other valuables like share certificates, n.s.cs., ..... she is a third party so far as the proceeding initiated against opposite party no. 2 under section 132 of the act is concerned. a case similar to the present one is maina debi goenka v. union of india : [1978]115itr423(cal) . a learned single judge of the calcutta high court in the said case held that although a suit .....

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Jul 23 1980 (HC)

Sona Khan and ors. Vs. State

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 ( ..... was said that the enquiry starts when the delinquent appears. this decision has been overruled by the same high court in the case of paresh v. ahitosh 1978 cri lj 1171. the division bench held that the enquiry would commence as soon as the delinquent challenges the allegations made against him or refuses to admit the ..... 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 .....

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Jul 31 2007 (HC)

Justice Debendra Mohan Patnaik Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2008Ori28

..... are the office memoranda dated 8-10-1987 and dated 12-8-1999 issued by the government of india, ministry of finance, department of expenditure regarding the revision of guidelines in regard to the fixation of pay and other terms of retired judges ..... take steps to separate the judiciary from the executive in the public services of the state. this provision, occurring in a chapter which has been described by granville austin as 'the conscience of the constitution' and which embodies the social philosophy of the ..... made by the apex court in the case of union of india v. sankalchand himatlal sheth and anr. reported in : [1978]1scr423 :52. every judge of a high court is entitled to hold office until he attains the age of 62 years and ..... matter which we have elaborated in our foregoing discussions, we are drawn to an irresistible conclusion that the state government has acted illegally and unreasonably by reducing the salary of the writ petitioner to the extent of pension he received during his tenure .....

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May 04 1988 (HC)

Jayaram Panda Vs. D.V. Raiyani and ors.

Court : Orissa

Reported in : AIR1989Ori109; 66(1988)CLT155; (1990)IILLJ186Ori

..... affidavit is that the sastry award has been superseded by a bipartite settlement between the banking companies and their workmen and the said settlement in para 19 contained chapter xix deals with disciplinary action and procedure therefor. paragraph 19.3(c) authorises the management to proceed against the employee under clauses 19.11 and 19.12 ..... between the period 24-12-1975 and 4-1-1979. during the said period, he was tried in two criminal cases namely spe 8 of 1978 and spe 10 of 1978 on the allegations that he committed certain forgery and manipulated certain documents which facilitated one shri n. p. singh samanta to withdraw certain amount from the ..... for consideration was whether the municipal commissioner being the competent authority to suspend the employee pending departmental inquiry under section 59(3) of the city of nagpur corporation act (2 of 1950), the high court was justified in quashing the order of suspension on the ground that only the corporation can pass the oder and not .....

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Nov 23 1993 (HC)

Kholamuhana Primary Fishermen Co-operative Society and ors., Etc. Vs. ...

Court : Orissa

Reported in : AIR1994Ori191

..... paragraph we had also observed that the springboard of the changed policy was the view expressed by the collector to minister, finance as chairman of the cabinet sub-committee set up for additional resources mobilisation, who had discussed with various persons as ..... immemorial fishing in chilka. this is also the view expressed by professor das in his aforesaid study, as would appear from chapter v. 29. shri rath appearing for some of the petitioners has drawn our attention to the use of the word ' ..... and any action which is arbitrary is unreasonable because of what has been stated in para 56 of maneka gandhi, air 1978 sc 597. another ground urged qua unreasonableness is that it is contrary to directive principles inasmuch as it has destroyed the ..... charter on human and people's right, justice douglas, and then after referring to what finds place in the environment (protection) act, 1986, the learned judge stated as below in paragraph 24 :--- 'from the above it is clear that protection of the .....

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Feb 22 2010 (HC)

Saroj Kumar Nayak Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2010(I)OLR737

..... aided educational institution, if the governing body failed to do so and as such, the order dated 28.7.2008 (annexure-11) suffers from no infirmity.6. chapter vi of 1974 rules deals with disciplinary action. rule 20 stipulates different punishments to be imposed on an employee of aided educational institution. rule 20(e) is the ..... college' situated at daspalla in the district of naygarh was established in the year 1977 and was recognized the prescribed authority as intermediate arts college in the year 1978. in the year 1981 the governing body of the said college decided to introduce 'education' as an optional subject. after receiving concurrence, steps were taken to ..... body is found to have neglected or failed to give effect to the direction issued by the director or failed to discharge the duties imposed under the education act, then only the powers available to the director can be exercised. law requires that the director can invoke the jurisdiction under section 21 only if the governing .....

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Jun 20 2012 (HC)

Anatha Bandhu Mandal Vs. State of Orissa and Others

Court : Orissa

..... causes where the accused is unknown. for the purpose of the present case, we shall proceed to discuss the case where the accused is known. chapter viii of the orissa forest act, 1972 ( act for short) 7 containing section 55 aa to 74 prescribing penalties and procedure . is relevant for our discussion in the present case. (i) ..... with confiscation of property.16. before proceeding further to appreciate the contention advanced, it is beneficial to understand the offence which are compoundable. section 72 of the act provides for compounding of offences, which reads thus : 72. power to compound of offences - (1) any forest officer specially empowered in this behalf by the ..... name of the forest officer) seized the following property of ......... for an offence committed in a reserve forest protected forest punishable under ........ section of the orissa forest act, 1972. (1) (2) (3) and i have reported the matter to the divisional forest officer.2. the offender agrees to compound the offence, and i .....

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Mar 28 2012 (HC)

Sri Bhramarabar Das, Sundargarh Vs. State of Orissa and ors.

Court : Orissa

..... year only. the cost for setting up of a crusher unit is about rs.20 to 25 lakhs. besides arranging finance from banks, for getting licence under the explosive act, pollution control act, sales tax/value added tax act etc. cumulatively it will take minimum 3 to 6 months time. rule 27 of the ommc rules, 2004 mandates ..... laterite slabs, ordinary boulders, road metals including ballasts, chips, bajri and rock fines generated from stone crushers, gravels of ordinary stones and river shingles and pebbles.15. chapter-vi of the ommc rules, 2004 is framed to get the best price from leasing out different sairats which are owned by the government. generation of maximum revenue with ..... established his business of manufacturing stone chips and metals. therefore, he cannot no.claim that he has any right to be granted for renewal of lease. since chapter-vi has overriding effect and the hon ble supreme court and the high courts have consistently held that the state largesee should be sold or disposed of by .....

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