Court : Orissa
..... our opinion, this an essential requirement in a democracy, where the people are supreme, and all official acts must be actuated by the public interest, and should inspire public confidence. 36. it is also open to opposite party nos.2 and 3-rourkela municipality to take action against the petitioners as well as any other parties, who have/are ..... the tax on advertisements is in accordance with sub-section (30) of section 388 of the act, 1950 read with clause (k) of sub-section (1) of section 131 of the act, 1950. mr. 11 mohapatra, learned counsel for opposite party nos.2 and 3 placing reliance upon the judgment of the hon ble supreme court in the case of ..... vires 18 article 243x of the constitution. according to mr. mohapatra, learned counsel for opposite party nos.2 and 3 in exercise of power conferred under article 243x of the constitution, the state government has framed the act, 1950 and section 131 of the said act confers power on the municipality to impose tax. clauses (g) and (k) of sub- .....
Tag this Judgment!Court : Orissa
..... rule 35 of rules 2004. tahasildar, bolangir vide letter no.2943 dated 14.09.2010 requested the collector, bolangir to take necessary action to lease out the aforesaid stone quarry to the petitioner. collector, bolangir vide letter ..... favour of the petitioner on long term basis in respect of the said sairat. the said application of the petitioner was registered as sairat misc. case no.96/2010 by the tahasildar, bolangir. tahasildar, bolangir sent the necessary case record to collector, bolangir for obtaining necessary permission/approval from government by relaxing ..... recommendations made in the report of the mineral concession 12 rules for mining of minot minerals under section 15 of mmdr act, which reads thus: (1) minimum size of mine lease should be 5 ha. (2) minimum period of mine lease should be 5 years. (3) a cluster approach to mines should be taken in .....
Tag this Judgment!Court : Orissa
..... and profit motive unit, the activities never come under allied agricultural activities.4. mr. falguni rajguru mohapatra, learned counsel appearing on behalf of opp. party no.2 submitted that opposite party no.2 is a hatchery unit which comes under the poultry activity. the basic aim and objective vis- -vis purpose as well as the function of the unit ..... . venkateswara hatcheries (p) ltd., (1999) 3 scc 632.wherein the hon ble supreme court held that the purpose of enacting section 10(27) of the income tax act, 1961 was to provide incentive to poultry farming, which includes the business of hatchery, by way of giving exemption from income tax on income from such business.10. in ..... dated 27.1.2010 passed by the oerc in case no.127 of 2009 it is submitted that the hatchery unit comes within the purview of poultry. the ombudsman after carefully observing the materials has passed the impugned order. the petitioner being a statutory body under the act, 2003 and oerc code, 2004 is duty bound to .....
Tag this Judgment!Court : Orissa
..... learned counsel for the petitioner which have not been pleaded in the writ petition, cannot be taken into consideration while examining the correctness of impugned orders.16. question no.(ii) is as whether the labour court, bhubaneswar is justified in passing the ex pate award dated 28.06.2007. the basic stand of the petitioner is that ..... court, bhubaneswar for fresh adjudication.6. mr. mohanty further submitted that the reference is bad in law. the government in the department of finance have imposed ban on such appointments vide circular no.17815(45)/f dated 12.04.1993. it is further submitted that out of 41 staffs, total regular employees are 15, adhoc employees ..... award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17 of the i.d. act.20. the presiding officer, labour court, bhubaneswar being a creature of the statute cannot travel beyond the statutory provisions. law is well settled that court cannot .....
Tag this Judgment!Court : Orissa
..... learned counsel for the petitioner which have not been pleaded in the writ petition, cannot be taken into consideration while examining the correctness of impugned orders.16. question no.(ii) is as whether the labour court, bhubaneswar is justified in passing the ex pate award dated 28.06.2007. the basic stand of the petitioner is that ..... court, bhubaneswar for fresh adjudication.6. mr. mohanty further submitted that the reference is bad in law. the government in the department of finance have imposed ban on such appointments vide circular no.17815(45)/f dated 12.04.1993. it is further submitted that out of 41 staffs, total regular employees are 15, adhoc employees ..... award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17 of the i.d. act.20. the presiding officer, labour court, bhubaneswar being a creature of the statute cannot travel beyond the statutory provisions. law is well settled that court cannot .....
Tag this Judgment!Court : Orissa
..... are extracted below: 3. application for supply- application for initial supply or subsequent additional supply of power shall be made in the format in duplicate as provided in form nos. 1 & 2 as the case may be. copies of the format of the application may be obtained from the local offices of the licensee free of cost. photocopies of a blank form ..... against any damages payable on account of any dispute arising out of supply of power to the premises. 18. conjoint reading of sections 42(1) and 43(1) of the act, 2003 and regulations 3, 4, 5 & 7 of the code, 2004 shows that even if a person is not an owner of the premises, but in occupation of a premises ..... chandu khamaru v. nayan malik (2011) 6 supreme 1 referring to sub-section (1) of section 42 and sub-section (1) of sec. 43 of electricity act, 2003 held that the provisions in the electricity act, 2003 make it amply clear that a distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in .....
Tag this Judgment!Court : Orissa
..... has any authority to initiate disciplinary action against the petitioner as per section-122(3) of the act, 1964 which has been declared by this court ultra vires the constitution. therefore, the proceeding initiated by opposite party no.2 is illegal. the entire allegation has been made against the petitioner while he was working as panchayat ..... commission has instructed to deal 11 with the matter as per provision under section 26 of the act, 1964 and initiate disciplinary proceeding against the designated election officer vide letter no.3678/sec dated 01.03.2012 (annexure-d/2 to the counter) and according to such instruction, the petitioner has been placed under suspension and ..... ) rules, 1962 and article of charges framed by the disciplinary authority-cum-collector, kalahandi 2 vide order dated 09.04.2012 in d.p. case no.111 under rule-15 of ocs (cca) rules, 1962 and orissa grama panchayat act, 1964.2. petitioner s case in a nutshell is that the petitioner was appointed as grama panchayat .....
Tag this Judgment!Court : Orissa
..... prayer made in the writ petition is misconceived. learned advocate general referring to office memo dated 11.12.1995 of the government of orissa in finance department submitted that c.& a.g. reports contain data relating to misappropriation defalcation, theft, pilferage and large scale irregularisations of store materials, purchased ..... industries in this cluster have gone for modernization and technology up-gradation by investing substantial amount availing financial assistance from commercial banks. 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. ..... by the orissa lift irrigation corporation ltd.-opp. party no.2. undisputedly, 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. the msmed act was enacted with an intention for facilitating the promotion .....
Tag this Judgment!Court : Orissa
..... prayer made in the writ petition is misconceived. learned advocate general referring to office memo dated 11.12.1995 of the government of orissa in finance department submitted that c.& a.g. reports contain data relating to misappropriation defalcation, theft, pilferage and large scale irregularisations of store materials, purchased ..... industries in this cluster have gone for modernization and technology up-gradation by investing substantial amount availing financial assistance from commercial banks. 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. ..... by the orissa lift irrigation corporation ltd.-opp. party no.2. undisputedly, 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. the msmed act was enacted with an intention for facilitating the promotion .....
Tag this Judgment!Court : Orissa
..... prayer of the 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 .) read with regulation 100 of the oerc distribution (condition of supply) code, ..... that the impugned order passed under annexure-1 by the grf as well as the order dated 30.08.2012 (annexure-2) issued by opposite party no.2, is without any basis, erroneous in law, nonspeaking order and completely arbitrary. opposite parties-nesco in their objection to the ..... no.20886 of 2012 in the matter of an application under articles 226 and 227 of the constitution of india. ----------------- m/s. balasore alloys limited (formerly known as ispat alloys limited), a company incorporated under the companies act, 1956 having its registered office and works at balgopalpur, p.o. rasulpur, via: mitrapur, balasore, dist: balasore, odisha-756020, represented through its director (finance .....
Tag this Judgment!