Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Court: orissa Page 7 of about 110 results (0.220 seconds)

State of Orissa and ors. Vs. Janamohan Das and Etc. Etc.

Court : Orissa

Reported in : AIR1993Ori180; 75(1993)CLT352

..... appear from clause (b) of the proviso to article 368(2) of the constitution, as that clause includes chapter v of part vi in which chapter article 226 appears. there is no necessity to cite any decision on this point, but if one is required ..... from the decision of the apex court in state of karnataka v. union of india, air 1978 sc 68. but then, this power has been conferred by the act itself, and we cannot cut down its width; nor can we refrain from exercising our power ..... strangers in one bed. to state in the language of bhagwati, j. (as he then was) used in maneka gandhi, air 1978 sc 597, they are 'sworn enemies' as one belongs to the realm of considered decision and the other to arbitrary action/inaction. ..... that the direction given by the earlier constitution bench needed to be recalled, because the maxim 'actus curiae neminem gravabit' (meaning an act of the court shall prejudice no man) required rectification of the injustice, as otherwise injustice noticed would have remained for ever as .....

Ambika Prasad Mohanty and Etc. Vs. Orissa Engineering College and anr. ...

Court : Orissa

Reported in : AIR1989Ori173; 68(1989)CLT65

..... engg. degree in six disciplines.the college is sponsored by a duly registered trust 'the nabajyoti charitable trust' and managed by a governing body.'8. part viii, chapter xx of the utkal university statutes and regulations deals with the admission of institutions as colleges. few of the university regulations are quoted below : --'169. ...........(a ..... engineering colleges had been over.18. a case of similar nature in which admission once given and subsequently cancelled was considered by this court in ilr (1978) 1 cut 40 (supra) and their lordships after considering all the decisions held that once admission was given the principal was estopped from urging that ..... 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 .....

Indian Metals and Ferro Alloys Ltd. Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : [2003]116CompCas557(Orissa); [2003]262ITR553(Orissa)

..... the amalgamation was to be effective from january 1, 1979. in the chapter dealing with aggregation of income and set-off or carry forward of loss in the income-tax act, section 72a was introduced by the finance (no. 2) act, 1977, with effect from april 1, 1978. that provided for carrying forward and setting off of accumulated loss and ..... of remand passed by the supreme court.6. learned counsel for the petitioner argued that for the purpose of section 72a(1) of the act, the relevant previous year was 1978-79 and the assessment year was 1979-80. the amalgamation had come into effect with effect from january 1, 1979. the amalgamating company was ..... the specified authority praying that the scheme of amalgamation be recommended to the central government so that the grant of benefit under section 72a(1) of the act could be considered by the central government. the authority concerned rejected the application. the amalgamated company, the petitioner, had made a further submission and had requested .....

Orient Paper and Industries Limited and anr. Vs. Superintendent, Centr ...

Court : Orissa

Reported in : 1995(52)ECC1; 1996(82)ELT192(Ori); 1995(II)OLR299

..... subsequent year. 15. there is also reference to the decision reported in the self-same report at page 711 (union of india and ors. v. kamlakshi finance corporation ltd.). there the supreme court held the powers of assistant collector, central excise vis-a-vis matters disposed of by assistant collector by by-passing two appellate ..... superintendent, central excise, jharsuguda, claiming, inter, alia that the said provisional assessments were without jurisdiction, contrary to the procedure laid down in the central excise act (for short the 'act') and the same are alleged to be arbitrary because of ignoring the earlier determination made on similar matters in earlier adjudication.3. it is placed on record ..... of the act or levy or raise demand of tax. the petitioners further state that up to 16-3-1976 duty on petitioner-company's products were specific, but after that, the duty became both specific and ad valorem as would be evident from columns 3 and 4 of the page in the said chapter which .....

Raja Bahadur Kishore Chandra Deo Bhanj Vs. Raghunath Misra and anr.

Court : Orissa

Reported in : AIR1960Ori1

..... to enquire and find out the names of persons guilty of corrupt practice presumably to be dealt with either under the penal provisions of the representation of the people act or under chapter ixa of the indian penal code. it seems as if the function of the tribunal under section 99 is as of a committing magistrate in a criminal trial. ..... the high court shall have the same powers, jurisdiction and authority and follow the same procedure with respect to an appeal under chapter iva of the act as if the appeal were an appeal from an original decree passed by a civil court, it must be a civil proceeding. there is fallacy in this argument. section 116a ..... court. sub-section (2) of section 116a lays down that the high court shall, subject to the provisions of the act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under chapter iva, as if the appeal were an appeal frorm an original decree passed by a civil court situated within the local .....

Pitambar Buhan and anr. Vs. State

Court : Orissa

Reported in : 1992CriLJ645

..... the supreme court that as soon as a complaint is filed, the magistrate is not bound to take cognizance of the offence and proceed under the provisions of chapter xv of the code -- (see tula ram's case (supra)). the magistrate takes cognizance of the offence and not the offender. once the magistrate takes cognizance ..... positions would have effect thereon.3. section 190 of the code deals with power of the magistrate to take cognizance. it provides that subject to the provisions of chapter xiv, any magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of ..... of the said allegations. (see tula ram v. kishore singh, air 1977 sc 2401 : (1978 cri lj 8). taking cognizance is the threshold act of judicial proceeding relating to an offence. acts of the magistrate before taking cognizance are not judicial acts relating to the offence. cognizance does not involve any formal action or indeed action of any kind .....

Bira Naik and anr. Vs. Mahanta Sidhakamal Nayan Ramanuj Das

Court : Orissa

Reported in : AIR1951Ori300

..... the mtgee had special advantage by reason of his position as mtgee. in acquiring them. in the madras case, it was pointed out that section 90, trusts act, affords protection against the mortgaged properties being gold at a disadvantage & prevents certain persons from taking advantage of their position to secure a benefit to themselves in ..... of such charges & also continues to be liable to pay the deposited amount constituted the debt within the section & its interest but for the very charitable & beneficial act of making the deposit, he (the depositor) will enjoy the lands free from any liability whatsoever. such a construction would amount hold that once the tenant fails ..... may be noticed that a mtgee. is not a trustee for the mtgor, but the indian trust act imposes certain obligations upon the mtgee. which are in the nature of a trust. chapter ix of the indian trust act deals with certain obligations in the nature of a trust & section 90 provides against any advantage gained by qualified .....

Dr. (Smt.) Sushila Mishra Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 1985(II)OLR494

..... employee of the project and equipment corporation of india limited. in due course he got promotion to higher posts and was holding the post of deputy finance manager, grade ii in 1978. charge was framed against him to the effect that he drew an advance of rs. 16050/- for purchase of a plot of land at faridabad. ..... should be eliminated. the intendment of this circular is undoubtedly wholesome because, central government employees should not suffer the mental agony of being subjected to departmental proceedings for acts of trivial nature. this circular is also squarely applicable to the case of the petitioner. according to the charge, she took 72 items of medicines in may, ..... be taken into account as varying what is prescribed. in short it cannot be left to the vagaries of management to say ex post facto that some acts of omission or commission nowhere found to be enumerated in the relevant standing order is nonetheless a misconduct not strictly falling within the enumerated misconduct in the .....

Balasore Bus Association and Etc. Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR2006Ori163

..... of the general revenue of the state. in support of this submission the decision in the chief commissioner, delhi v. the delhi cloth and general mills co. limited : [1978]3scr657 is relied on, wherein it is held:a fee in order to be legal fee, must satisfy the following two conditions:(i) there must be an element of ..... rule 48 of the orissa motor vehicles rules.5. as per sub-section (1) of section 96 of the m.v. act, 1988 any state government may make rules for the purpose of carrying into effect the provision of chapter-v, which deals with control of transport vehicles. again, sub-section (2) of the said section reads as follows:without ..... of being heard was afforded to it before the final publication of the impugned notification, whereby there was violation of the principle of natural justice. moreover, the motor vehicles act authorizes the state government only to frame rules relating to the fees to be paid in respect of application for permit, duplicate permit and plates. so, the impugned .....

Sidheswar Kanungo. Vs. Food Corporation of India and ors.

Court : Orissa

..... . the petitioner was denied placement in the selection grade before communication of the adverse entries made in the acr for the year 1993. rule 8 of chapter 14 of swamy's manual of disciplinary proceeding for central government servants clearly speaks that adverse remarks should immediately be communicated to the person concerned. a combined ..... reasons so mentioned therein and it cannot be supplemented by fresh reasons. (see mohinder singh gill & anr. vs. the chief election commissioner, new delhi & ors., air 1978 sc 851) therefore, the new reasonings given by sri c.p. gond, deputy manager (general) to justify the adverse remarks made in the year 1993 is not legally ..... government servant against the adverse entries the competent authority is not under any obligation to record reasons. but the competent authority has no licence to act arbitrarily, he must act in a fair and just manner. he is required to consider the questions raised by the government servant and examine the same, in the light .....