Court : Orissa
..... further, the petitioner has prayed for directing the opposite party no.1 to make regulation under section 36(2) of the odisha khadi and village industries board act, 1955 (odisha act 3 of 1956) in introducing the pension scheme as per the resolution of the aforesaid board dated 10.2.2009.3 ..... programmes have been drawn by the board with the 11 sanction of the state government and therefore, the state government has all pervasive control over the board and got power to frame rules under section 35 of the act, 1955. ..... function of the board is well defined in section 17 of the act, 1955. ..... of the different provisions of the act, 1955, rules, 1956 and regulation, 1960 framed thereunder by the government leaves no manner of doubt that the real control, authority of the board rests with the industries department of the government, in other words the board is under the direct control of the state government and is totally dependant on the government for running its administration and in carrying out its activities including finance. ..... , in short) was established in the year,1956 3 by the orissa act 3 of 1956 with the aim and object to organize, promote, develop and regulate the khadi and village industries throughout the state of odisha basing upon the gandhian thought and philosophy to make the ..... ---------state of orissa represented through its commissioner-cumsecretary to government, finance department and another. ..... odisha khadi and village industries board act, 1955 ( in short, act, 1955 . .....
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..... opposite party no.7 that all their documents have been seized is a mischievous one as they have at relevant time submitted their income tax returns and the audited accounts have been filed before this court. ..... india on or about 01.08.2009 issued circular to all scheduled commercial banks that opposite party no.7 company and six other companies are not non-banking financial organization as defined under section 45 of the reserve bank of india act and none of these companies had been issued with a certificate to conduct non-banking financial activity.3. ..... one more vital aspect of the case is that on 30.10.2009 company petition no.16 of 2009 was filed under sections 391 and 394 of the companies act, 1956 impleading 4 share holders and 13 un-secured creditors before the company judge, allahabad high court proposing a scheme of arrangement with a request for ..... referring to the auditor s report and income tax assessment orders and enquiry and investigation by the reserve bank of india, it was submitted that ..... deputy commissioner of income tax, kanpur, up has disallowed company s tax return with observation that it is a case of siphoning of funds of assessee company by the members of group for their own ..... petition, opposite party no.7company filed company application no.16 of 2009 on 29.10.2009 under sections 391 to 394 of the companies act, 1956 for approval of a scheme impleading four shareholders and thirteen unsecured creditors. ..... and peerless general finance and investment co. ..... finance and .....
Tag this Judgment!Court : Orissa
..... therefore, an authority for the proposition that while an industrial court will have jurisdiction to set aside an ex parte award, but having regard to the provision contained in section 17-a of the act, an application therefor must be filed before the expiry of 30 days from the publication thereof. ..... hans raj, it has been held that once an award become enforceable in terms section 17a of the industrial disputes act, the labour court or the tribunal does not retain any jurisdiction for setting aside of an ex parte award after the expiry of 30 days from the date of its ..... submitted that termination of service on account of recession amounts retrenchment and non-compliance of the provision of section 25-f makes the retrenchment void ab initio and the workman is entitled to full back wages and ..... 240 days in the preceding year prior to the date of termination and they are entitled to benefits of section 25-f of the act which has not been complied with by the management. ..... bhubaneswar in its ex parte order dated 28.06.2007 directed the petitioner for reinstatement into service inasmuch as the compliance under section 25 f of the industrial disputes act, 1948 (for short, i.d. ..... the government in the department of finance have imposed ban on such appointments vide circular ..... of the development authorities of the government under the department of housing and urban development and as per guidelines issued by the government, it has to meet its sustenance out of its own source of income. .....
Tag this Judgment!Court : Orissa
..... therefore, an authority for the proposition that while an industrial court will have jurisdiction to set aside an ex parte award, but having regard to the provision contained in section 17-a of the act, an application therefor must be filed before the expiry of 30 days from the publication thereof. ..... hans raj, it has been held that once an award become enforceable in terms section 17a of the industrial disputes act, the labour court or the tribunal does not retain any jurisdiction for setting aside of an ex parte award after the expiry of 30 days from the date of its ..... submitted that termination of service on account of recession amounts retrenchment and non-compliance of the provision of section 25-f makes the retrenchment void ab initio and the workman is entitled to full back wages and ..... 240 days in the preceding year prior to the date of termination and they are entitled to benefits of section 25-f of the act which has not been complied with by the management. ..... bhubaneswar in its ex parte order dated 28.06.2007 directed the petitioner for reinstatement into service inasmuch as the compliance under section 25 f of the industrial disputes act, 1948 (for short, i.d. ..... the government in the department of finance have imposed ban on such appointments vide circular ..... of the development authorities of the government under the department of housing and urban development and as per guidelines issued by the government, it has to meet its sustenance out of its own source of income. .....
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..... rath submitted that the preamble of the micro, small and medium enterprises development act, 2006 provides for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected ..... section 30 of the act empowers the state government to make rules and pursuant to such the government of orissa in industry department came up with msme development policy, 2009 which was approved by the state cabinet in their 44th meeting held on ..... section 11 of the msmed act is as follows: procurement preference policy:- for facilitating promotion and development of micro and small enterprises, the central government or the state ..... , various industrial policies are floated by the government to support small scale industries and under the msmed act protection is also given to micro small and medium enterprises. ..... advocate general referring to office memo dated 11.12.1995 of the government of orissa in finance department submitted that c.& a.g. ..... the state government in finance department has already amended appendix 6 of the orissa general financial rules of vol.ii before rule-1 inserting therein that in respect of items of stores for which rate contract has been entered into by the director of export ..... section 11 of the said act provides for procurement preference ..... while considering financing to these units, the bank had taken into account purchases of pvc pipes by the olic thereby ensuring service of term loan with interest.3. .....
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..... rath submitted that the preamble of the micro, small and medium enterprises development act, 2006 provides for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected ..... section 30 of the act empowers the state government to make rules and pursuant to such the government of orissa in industry department came up with msme development policy, 2009 which was approved by the state cabinet in their 44th meeting held on ..... section 11 of the msmed act is as follows: procurement preference policy:- for facilitating promotion and development of micro and small enterprises, the central government or the state ..... , various industrial policies are floated by the government to support small scale industries and under the msmed act protection is also given to micro small and medium enterprises. ..... advocate general referring to office memo dated 11.12.1995 of the government of orissa in finance department submitted that c.& a.g. ..... the state government in finance department has already amended appendix 6 of the orissa general financial rules of vol.ii before rule-1 inserting therein that in respect of items of stores for which rate contract has been entered into by the director of export ..... section 11 of the said act provides for procurement preference ..... while considering financing to these units, the bank had taken into account purchases of pvc pipes by the olic thereby ensuring service of term loan with interest.3. .....
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..... petitioners is to quash the disconnection notice dated 30.08.2012 (annexure-2) issued by opposite party no.2-executive engineer, ced, balasore under section 56(1) of the electricity act, 2003 (for short, act, 2003 . ..... , balasore, dist: balasore, odisha-756020, represented through its director (finance) sri rajendra kumar parekh and another petitioners. ..... according to petitioners, the three conditions imposed by nesco were also acted upon by them and till date, no board decision has been ..... referring to section 42(6) of the electricity act, 2003 as well as regulation 7 of the oerc (grf and omb) regulation, 2004, it is submitted that any consumer aggrieved by the nonredressal of the grievance by the forum, may make a representation to the ombudsman ..... this court has clearly directed/observed that the petitioners are at liberty to urge all factual and legal contentions assailing the disconnection notice dated 16.12.2011 which was issued under section 56(1) for non-payment of rs.165.51 crores. ..... learned single judge is that the writ petition was not maintainable, in view of the availability of the alternative remedy as envisaged under section 42(5) of the act, 2003. ..... known as ispat alloys limited), a company incorporated under the companies act, 1956 having its registered office and works at balgopalpur, p.o. ..... in view of section 11 explanation iv of cpc adjudication is conclusive and final not only as to the actual matter determined but as to every other matter which 8 the parties might and .....
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..... an application for payment of compensation is filed before the tribunal constituted under section 165 of the act for adjudicating upon the claim for compensation in respect of accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. ..... appellant s case is that respondent no.1 claimed compensation before the tribunal under section 166 of the motor 2 vehicles act on account of death of her husband meghu dharua in a vehicular accident. ..... led by the parties but also on the basis of conditions 6 to 7 (supra), which go to show that the owner had not merely transferred the services of the driver to rsrtc but actual control and the driver was to act under the instructions, control and command of the conductor and other officers of rsrtc. . ..... therefore, it is submitted that section 168 of the m.v.act refers to owner not registered owner. ..... if in a given situation, the statutory definitions contained in the 1988 act cannot be given effect to in letter and spirit, the same should be understood from the common sense point of view. . ..... the hon ble supreme court in the case of godavari finance co (supra), held as under: 15. ..... section 39 of the act, 1988 deals with necessity of registration .. ..... section 39 of the act deals with the necessity of registration of the vehicle. ..... the appellant in his letter had sought permission from the rto, bargarh to pay tax and penalty in three instalments. .....
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..... we notice that the commission constituted under section 17 of the 1998 act is an expert body and the determination of tariff which has to be made by the commission involves a very highly technical procedure, requiring working knowledge of law, engineering, finance, commerce, economics and management. ..... ) as stated above, since there is no pleading or any prayer to the effect that regulation 70 is ultra vires section 94(1)(f) of the act, 2003, the argument advanced in that regard to declare regulation 70 of 11 business regulations ultra vires sec. ..... the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector participation in the process but also ensures creation of special adjudicatory mechanism to deal with the grievance of any person aggrieved by an order made by an adjudicating officer under the act except under section 127 or an order made by the appropriate commission. ..... 111 and ultimately against order of the appellate tribunal appeal is to be preferred under section 125 of the act, 2003 to the hon ble supreme court. mr. p.k. ..... the said section envisages that any person aggrieved by an order made by an adjudicating officer under the act, 2003, (except under section127) or an order made by the appropriate commission under the act may prefer an appeal to the appellate tribunal for electricity. .....
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..... we notice that the commission constituted under section 17 of the 1998 act is an expert body and the determination of tariff which has to be made by the commission involves a very highly technical procedure, requiring working knowledge of law, engineering, finance, commerce, economics and management. ..... ) as stated above, since there is no pleading or any prayer to the effect that regulation 70 is ultra vires section 94(1)(f) of the act, 2003, the argument advanced in that regard to declare regulation 70 of 11 business regulations ultra vires sec. ..... the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector participation in the process but also ensures creation of special adjudicatory mechanism to deal with the grievance of any person aggrieved by an order made by an adjudicating officer under the act except under section 127 or an order made by the appropriate commission. ..... 111 and ultimately against order of the appellate tribunal appeal is to be preferred under section 125 of the act, 2003 to the hon ble supreme court. mr. p.k. ..... the said section envisages that any person aggrieved by an order made by an adjudicating officer under the act, 2003, (except under section127) or an order made by the appropriate commission under the act may prefer an appeal to the appellate tribunal for electricity. .....
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