Court : Orissa
Reported in : 103(2007)CLT782; [2007(114)FLR684]
..... time to time for specific purposes of specific category of employees in the state. it has no general applicability to all category employees of the state government.accordingly finance department have amended the rule 71(a) of orissa service code enhancing the superannuating age up to 60 years after the policy decision taken by the government for ..... among ministers of the said business in so far as it is not business with respect to which the governor is by or under this constitution required to act in his discretion.9. the governor of orissa in exercise of his power under article 166 has made the orissa government rules of business, which were published ..... working in the health and family welfare department, as quoted above. but we are surprised to see that the decision taken by the chief minister and the finance minister was concealed and the officers contested the claim of the petitioners on the ground that the allopathy doctors working in the health and family welfare department cannot .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT156; [2002]127STC168(Orissa)
..... 27.1.1999, sales tax exemption was granted to the petitioner which reads as follows :finance departmentnotification the 25th january, 1999.s.r.o. no. 59/99 -- in exercise of powers conferred by section 6 of the orissa sales tax act, 1947 (orissa act 14 of 1947), the state government do hereby make the following amendment further to amend ..... the notification of the government of orissa in the finance department no. 20206-cta-14/76-f. dated the 23rd april, 1976, ..... under various industrial policies, it is considered necessary to withdraw some of these incentives;now, therefore, in exercise of the powers conferred by section 6 of the orissa sales tax act, 1947 (orissa act 14 of 1947), the state government having been satisfied that it is necessary so to do in the public interest, do hereby make the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori237; 1999(II)OLR8
..... government after visit to different district forums as also the report of the president, stale consumer dispute redressal commission, orissa, we find that under section 24-b of the act and rule 6(7) of the state rules, the state commission and national commission have the power to issue instructions regarding adoption of uniform ..... considered and at least six meetings a year should be held between the president of the state commission, the chief secretary of the state and the finance secretary for discussing about the difficulties, 'if any, in running the consumer forums and take all necessary steps in that regard. such meetings should be ..... officers to inspect all the district consumer forums under his direct supervision within the shortest possible time. appreciating the prayer, this court permitted the secretary, finance department to take effective steps in consultation with the secretary in charge of consumer affairs for the stale to appoint officers to inspect different district forums .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... . (the references therein are to the equivalent report, viz., 'air 1932 mad 612 (z29)'. in fact, even the various provisions in the madras estates land act in sections 30, 38, and 40 which purport to specify the considerations which are to guide the revenue officers in applications thereunder, show that the ultimate limiting factors are ..... 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. ..... 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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori20; 52(1981)CLT402
..... court reported in air 1979 orissa 143 (sarat chandra panda v. state of orissa).sub-section (4) of section 32 of the cooperative societies act runs as follows:'before taking any action under sub-section (1) in respect of society, the, registrar shall consult the financing bank to which it is indebted and consider the opinion, if any, received from such ..... impugned order on 30-3-1981. the impugned order is attacked mainly on the following grounds:(1) that the financing bank (o. p. no. 5) was not consulted by o. p. no. 2 before initiating action under section 32(1) of the act. (2) that no opportunity of personal hearing was given, though specifically asked for. '(3) that opposite party ..... superseded in the best interest of the said stores. it is also mentioned therein that the financing bank would be issuing the written consent in due course. thus, it appears that though the copy of the notice under section 32(1) of the act was forwarded to o. p. no, 5 on 23-1-1981, yet there was consultation .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR539
..... to pay any amount due, on account of any loan or otherwise, within three months from the date of notice by the society or financing bank concerned for payment of such dues. the section is so clear and unambiguous that it does not require any determination. the moment a member or president of the committee of a society ..... person disqualified is also not without a remedy, if he has any genuine dispute. a person upon receipt of notice of demand may raise- a dispute under section 68 of the act to avoid the consequences of non-payment of dues by making out a prima facie triable case therein.7. shri mallick, the learned counsel appearing for the ..... on 22.12.1999. in spite of such payment the assistant registrar, cooperative societies, nayagarh, having no power under the provisions of the orissa cooperative societies act, 1962 (for short 'the act') and knowing fully well that opposite party no.2 is not a functionary to determine default and disqualification, wrote a letter to opposite party no. 2 on .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT273; [2005]142STC464(Orissa)
..... to be refundable to the petitioner in accordance with law by the said order of reassessment has to be refunded to the petitioner in accordance with the provisions of section 14 of the act.3. mr. ashok mohanty, learned senior standing counsel (ct), on the other hand, submitted that the refund in question is due to the petitioner for the ..... of such excess from the amount of tax, penalty or interest due in respect of any other period. according to mr. ray, since section 14 of the act is worded differently from section 14-a of the act, which stood deleted with effect from 12.8.1983 the decision of the supreme court in state of orissa v. orissa cement ltd. and ..... jena, and the documents annexed thereto as well as the copy of the show cause reply filed by sri ajit kumar tripathy, the then principal secretary to the government, finance department, bhubaneswar in original criminal misc. case no. 410 of 2002 that a consumer welfare fund in the state of orissa has been created with the approval of the .....
Tag this Judgment!Court : Orissa
Reported in : 2006(1)ALD(Cri)29; IV(2005)BC210; 99(2005)CLT753
..... otherwise an unscrupulous cheque drawer would 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 thus suggest that a complaint is not to be dismissed at the initial stage for want of evidence or statement relating to proper service of notice under section 138(b) of the n. i. act.13. as has been indicated in .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT315; 2003(II)OLR244
..... challenging to the order of retrenchment, then it is the state administrative tribunal which has got the jurisdiction in view of the provision in section 15 of the orissa state administrative tribunal act, in either event, forums under law have been provided to consider the grievance of the petitioner.8. be that as it may, since ..... of the undertaking and commitment of the state government relating to the rehabilitation assistance scheme to the displaced persons but also against all norms, provided under the finance department relating to regularisation of the services of n.m.rs. they further state that the cases of surplus in staff as projected by the state ..... of the opposite party members in some of the cases. similarly, commissioner-cum-secretary to government of orissa, in the water resources department and secretary, department of finance, are the opposite party members in some of the above noted writ applications.3. since the cases and contention of the parties in each of the writ .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT22; 1999(I)OLR17
..... relief sought for in the writ petition cannot be granted. sri nanda, learned counsel for opp. party no. 1, contended that as provided under section 33-a of the orissa co-operative societies act, it is the registrar who is competent to classify the societies into different classes and make rules for appointment of its officers. in view of such ..... supplied by opposite parties 2 to 4 in their counter affidavit. a cryptic averment has been made by the petitioner that the society is a 'state' since it is financed by the state government to the extent of 75 per cent. on the other hand, opposite parties 2 to 4 in paragraph 7 of their counter have given the ..... arrear dues as admissible to such post.2. shorn of all details, petitioner's case as set out in the writ petitions may be stated thus :the society is substantially financed by the state government to the extent of 75 per cent and is fully controlled by the registrar, co- operative societies, orissa (hereinafter referred to as 'the registrar') .....
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