Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made' ..... since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine the validity of an order in the acquisition proceedings under chapter xxa of the income-tax act, the civil court will have the jurisdiction to decide the question as to whether the collateral fact for conferring jurisdiction on ..... that the tribunal cannot give themselves jurisdiction by wrongly deciding certain facts to exist, because the legislature gave them jurisdiction to determine all the facts, including the existence of the preliminary facts on which the further exercise of their jurisdiction depends ; and if they were given jurisdiction so to decide, without any appeal being given, there is no appeal from such exercise of their jurisdiction.'14. ..... legislature may entrust the tribunal or body with a jurisdiction, which includes the jurisdiction to determine whether the preliminary state of facts exists as well as the jurisdiction, on finding that it does exist, to proceed further ..... was filed on august 19, 1980, that the preliminary issue regarding jurisdiction for trying the suit should .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT161; 1993(II)OLR194
..... such a notification which, inter alia, is that the consolidation area shall be deemed to have been under consolidation operations and the duty of preparation of record of rights shall be performed by the assistant consolidation officer who is required to act in the manner provided in the section, section 8 requires the assistant consolidation officer to prepare in respect of each unit in consultation with the consolidation committee a statement called the 'statement of principles' setting forth the principles to be followed ..... 270 at page 271-72 in which the court held that a mort- gage suit remains pending, even after the preliminary and final decrees have been passed and sale held in execution of the final decree, as long as an application for a personal decree can legally be ..... the first chapter deals with the extent and commencement of the act and definition of different words found in the statute as per sections 1 and 2 respectively, chapter-h deals with the preparation of maps and land registers chapter-iii deals with preparation of consolidation scheme, chapter-iv deals with enforcement of the scheme, chapter-v deals with prevention of fragmentation and the last one deals with miscellaneous ..... om dutta sharma : air 1991 sc 1725 in which the bar of section 49 of the u. ..... chhota bhondey : air 1991 sc 249, noted what was opined in suba singh, it does not require us to probe the matter, as they negative the sub- mission ..... commissioner ) disposed of on 27-6-1991 ; and ojc no. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR78
..... counsel for the petitioner contended that there was total violation, wilful infringement and non-compliance of different provisions of the act, the rules and orders which amounted to fraud on election process.shri mukherjee, learned counsel for the respondent no. ..... for these reasons, the preliminary objection regarding maintainability of the election petition is over- ..... 1999 (2) scale 597 where it has been held that an election petition cannot be dismissed in limine under section 81(3) of the act where there had been substantial compliance with the requirement of section 81(3) thereof. ..... para 2.1 of chapter vii of the hand book for presiding officers (issued by the election commission of india) provides that every ballot paper before it is issued to an elector, is required to be affixed the distinguishing mark on its ..... at this stage sub-section (3) of section 81 of the act may be referred to :'(3) every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy ..... did not bear attestation by the petitioner to the effect that it is a true copy of the election petition which amounts to non-compliance of sub-section (3) of section 81 of the representation of the people act (hereinafter referred to as 'the act') for which the election petition is liable to be dismissed under sub-section (1) of section 36 of the act. ..... : air 1991 sc 1557. .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT723; 2004(I)OLR354
..... in the state for processing of such minor minerals, if he has furnished a copy of his project report on the proposed processing industry and also a letter from the financing institution issued by the chief executive of such institution to the effect that his project report is being appraised by such financing institution :provided that in case of an applicant under category (ii), the initial lease shall be granted up to fifty hectares and a letter of insurance can be issued for grant of lease ..... beyond fifty hectares before commencement of production on confirmation received from the financing institution or the deputy director of mines or the mining officer:(iii) a person who is a raiyat of the land ..... after receiving the rule, a preliminary counter affidavit has been filed on behalf of opposite party no. 4. ..... , located at rairangpur had been seized by the orissa state financial corporation in exercise of power under section 29 of the state financial corporations act for default of payment and the said industry was available for sale. ..... lease of such quarries is governed under chapter ii of the 1990 rules. ..... union of india, air 1991 sc 818, mr. .....
Tag this Judgment!