Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Court: orissa Page 3 of about 110 results (0.094 seconds)

Kalinga Mining Corporation Vs. Union of India (Uoi) and 9 ors.

Court : Orissa

Reported in : 104(2007)CLT737

..... issues between parties.xxx xxx xxxthe difference is illustrated by the cases of re waring decided in 1942 and 1948. in the first farwen held that section 25 of the finance act 1941 was not applicable (1942) ch. 309 to an annuity; but the court of appeal reversed this decision. (1942) ch. 426. the effect was two-fold; it ..... in the revision application which was previously filed by dr. pradhan and was pending before the central government. in the aforesaid writ petition, i.e., ojc no. 829 of 1978, a misc. case being misc. case no. 1773 of 1988 was filed wherein the aforesaid fact of death of dr. sarojini pradhan and the fact of application for ..... the petitioner.6. then both the petitioner and dr. pradhan filed their respective revision petitions before the central government. the central government by its order dated 2.5.1978 rejected the revision petition filed by dr. pradhan, but allowed the revision filed by the petitioner with a direction to the state government to pass a fresh order on .....

The State Vs. the Editors and Publishers of Eastern Times and Prajatan ...

Court : Orissa

Reported in : AIR1952Ori318

..... by the syndicate in exercise of certain specified statutory powers vested in them, including the power of approval specified in clause (b) of law 2 of chapter xxii. this could only mean that the matter relating to the publication of the results of the candidates concerned received from the board of examiners is to ..... lord atkin in the well-knowncase of the hindusthan times reported in 'deblprasad v. emperor', air 1943 pc 202. wherethere was no criticism of the judicial act of a judgeor any imputation on him for anything done byhim in the administration of justice, proceedingsfor contempt would be clearly misconceived. againthe essential distinction between ..... provided that members of the public abstainfrom imputing improper motives to these taking part in the administration of justice andare genuinely exercising a right of criticism andnot acting in malice or attempting to impairthe administration of justice they are immune.'52. sir s.m. bose urged that the two editorials did not exceed the .....

Sri Surendra Mohanty Vs. Sri Nabakrishna Choudhury and ors.

Court : Orissa

Reported in : AIR1958Ori168; 1958CriLJ1055

..... in the orissa legislative assembly framed under clause (1) of article 208 of the constitution make detailed provisions laying down the entire procedure. in fact, chapter xvi of the rules under heading 'question of privilege' makes wide provisions in this respect. it is worthwhile quoting the relevent rules in this context for ..... be entirely free and unshackled. it is needless to say, however, that all these principles were based on fundamental basis that everybody concerned should act reasonably and their conduct should be according to normal standards of reasonableness.the authorities both here and england are based on sound principles which never contemplated ..... such restriction a compelling reason must be found.' one such reason may be therepugnancy between the immediate enacting provisions and the other provisions of the act.13. these principles of statutory construction also apply to the interpretation of a constitution subject to the rule that a constitution should not be interpreted .....

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 .....

Pravata Kumar Tripathy Vs. Union of India (Cbi)

Court : Orissa

..... jhuma chakrabarti and munmaya sial under sections 420,406,120-b indian penal code read with sections 4,5 and 6 of prize chits and money circulation schemes (banning) act, 1978. the investigation was kept open for arresting the absconding accused persons namely manranjan nanda, sambit khuntia, rahul kanwal, jyoti prakash jay prakash, chandrika patnaik and others and for ..... b/294/341/406/409/420/467/468/ 471/506/34 i.p.c. and sections 3,4 and 5 of prize chits and money circulation schemes (banning) act, 1978 against 48 named persons who were in the management/ staff/agent of at group of companies and against other staffs of at group and unknown 9 others. the investigation ..... it is taken that there was 27 conversation between the petitioner and the main accused but it was just a request of the petitioner to the main accused to finance some amount for the cultural festival banki mahostov . and it is no.for any personal gain and when no documentary evidence has been found out by the investigating .....

National thermal Power Corporation Ltd. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2002(I)OLR410; [2002]128STC321(Orissa)

..... hearing was fixed to february 5, 1998 before the sales tax officer (opposite party no. 3). it is averred that, shri p.v. ramana rao, deputy manager (finance) of the petitioner-company, was exclusively conversant with the entire case and records were entrusted to him. since his younger brother expired in an unfortunate accident at visakhapatnam, on ..... system that justice must not only be done but must manifestly be seen to be done'.in the case of smt maneka gandhi v. union of india air 1978 sc 597, the constitution bench of the honourable supreme court observed 'natural justice is a great humanising principle intended to invest law with fairness and to secure justice ..... heard learned counsel for the parties at length and perused the order passed by the sales tax officer imposing penalty under section 10-a of the central sales tax act (annexure 8) as well as the revisional order passed by the commissioner (annexure 10) and other relevant documents. in para 13 of the writ application, 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 .....

Sukuri Dibya and ors. Vs. Hemalata Panda and ors.

Court : Orissa

Reported in : 1999(I)OLR46

..... court can only be passed in exercise of appellate jurisdiction which also relates to the subject of appeal. thus as was the case in the decision reported in air 1978 andhra pradesh 97 (supra) the order of remand passed by subordinate appellate court which was the subject matter of scrutiny in a civil miscellaneous appeal before the single ..... 104 of the code, the legal position has undergone a change by introduction on section 100-a of the code by the code of civil procedure (amendment) act, 1976 (act 104 of 1976) which has come into force with effect from 1.2.1977 and it bars any further appeal against the appellate judgment or order passed by a ..... 393), their lordships considered it well settled that marginal notes cannot be referred to for the purpose of construction of the section as marginal notes are not part of an act of the parliament. the aforesaid view was approved in a decision reported in air 1950 sc 134 (the commissioner of income tax, bombay v. ahmedbhai umarbhai, bombay), .....

Shri Sidheswar Mallik and Shri B.K. Mohanty Vs. State of Orissa and or ...

Court : Orissa

Reported in : 94(2002)CLT107; 2002(I)OLR574

..... is one of the functions of the state govt., the power and functions of the municipalities and management with regard to educational institutions are prescribed under chapter xxv of the act and, according to the counsel for the petitioners, the duty of the corporation is confined only to primary, middle and high schools and not degree ..... v. vardhichand, air 1980 sc 1622, the apex court held :'........a responsible municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. decency and dignity are non-negotiable facets of human rights and are a first charge on local ..... govt. in 1952-53 on municipal land to hold public meetings and that the state govt. had handed over the said building to the municipality in 1978-79 and since then the municipality is only controlling and managing the building. the same fact is also admitted by the chairman of the corporation in paragraphs .....

Mahanta Goura Govinda Das Goswami Vs. Rajkishore SwaIn and ors.

Court : Orissa

Reported in : 1984(I)OLR299

..... and rea hed at some conculsion for which we do nor, find sufiicient basis on record.5. as already stated the enquiry envisaged under section 42 of the act by the commissioner should be in conformity with the provisions of the code of civil procedure giving adequate opportunity to the persons who are likely to be affected thereby. ..... onwards are quashed and the proceeding is sent back to the deputy commissioner of endowments who has now the authority to hold the enquiry after the amendment of the act. the proceeding shall proceed from the stage of issue of notice after receipt of the report of the additional assistant commissioner of endowments.6. opposite party no.5 ..... of endowment, and therefore, we need not dispose of the said contention.7. in the result the writ application is allowed, the proceeding under section 42 of the act is remanded to the deputy commissioner of endowment who will dispose of the same in accordance with law keeping in view the direction made above, no costs.g.b. .....