Court : Orissa
Reported in : AIR1990Ori199
..... words, in the language of the principle in decision reported in 1lr (1974) cut 909 : (air 1975 orissa 139) (supra) service tenures for rendering service to a person or a family under section 235 (i) of the act is grant in lieu of rent where in absence of rendering service the service holder shall not be liable for eviction but the grantor shall be entitled to collect fair rent whereas in respect of grant burdened with rendering service to ..... of the cash-rent the incident of said tenure shall be regulated by the provisions of this act applicable to land held by an occupancy raiyat notwithstanding anything contained thereunder: provided that if the service is rendered to a religious or charitable institution and not to a person or a family; or if the service is for the public in general, or for the government the holder of such a service-tenure shall not have the benefit of this section. ..... right of worship and consequently the right of enjoyment as well; but this claim to enjoy in shares is confined among the members of the family inter se and cannot avail against the grantor or the government who have the right of resumption'.it shall have no application since terms of the grant are not known in the present case. ..... saving as to service-tenures:-- (1) when any land is held as a ghatwali or other service tenure and the holder of such tenure ceases to perform the service for any reason whatsoever he shall on an application filed either by a landlord or by ..... bishnu charan bank v. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR423
..... the official liquidator or the liquidator appointed by the company court and after hearing him.xxx xxx xxx xxx(iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the concerned creditor is to approach the company court for appropriate directions regarding the realization of its securities consistent with the relevant provisions of the companies ..... of a sick industrial company with another company, the provisions of section 72a of the income-tax act, 1961 (43 of 1961), shall, subject to the modifications that the power of the central government under that section may be exercised by the board without the central government under that section may be exercised by the board without any recommendation by the specified authority referred to in that section, apply in relation to such amalgamation as they apply in relation to ..... - (1) save as provided under sub-section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act(2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), ..... save and except that, the provisions of sica have been given an overriding effect .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR410
..... shall be either (i) in cash; or (ii) post office savings bank deposit; or (iii) government treasury notes; or (iv) national savings certificates; or (iv) national defence certificates ..... , the present reference has been made to the full bench to decide the question whether secretary of a grama panchayat appointed under orissa grama panchayat act, 1964 (in short, the 'act'), and the orissa grama panchayat rules, 1968 (in short, the 'rules') holds a civil post under, the state government, and therefore, any dispute relating to his service conditions has to be adjudicated by the orissa state administrative tribunal (in short, the 'tribunal'). ..... secretary of the grama sasan from services if he wilflly omits or refuses to carry out the duties and functions entrusted to him under the provisions of the orissa grama panchayats act, 1964 and the rules or orders made thereunder abuses the powers, right and privileges vested in him or acts in a manner prejudicial to the interest to of the grama sasan or by his action causes loss to the grama sasan or has been convicted of any offence :provided ..... to such general and special orders, if any, made in that behalf by the state government there shall be a secretary and such officers and servants for the grama sasan as may be necessary for enabling the grama panchayat to exercise its powers, discharge its duties, and perform its functions for carrying out the purposes of this act and the rules made thereunder and the powers, duties and functions of such .....
Tag this Judgment!Court : Orissa
..... learned single judge further held that since the member-colleges of the petitioners association have admitted students from the ojee merit list as contemplated under section 9 of the 2007 act and there is no reason to debar such students who have already prosecuted their studies in the respective colleges for a considerable period, from continuing their studies and appearing in ..... professional educational institution admissions shall be in accordance with the reservation policy of the government notified for the purpose of this act: provided that nothing in the sub-section shall be applicable to the minority ..... college started by the daru-salam trust appears to stand on a different footing as we find from the record placed before us that permission had been granted by the state 24 government to the trust to start the medical college and on that account, the university had granted provisional affiliation. ..... of section 3 makes it clear that admission of students in all private professional educational institutions, government 17 institutions and sponsored institutions to all the seats including lateral entry seats shall be made through ..... the said letter has no.been saved/protected and as such the same has no bearing ..... 1st semester examination fees in the bput in shape of bank draft through opposite party no.4-college. ..... to refer here the decision of the hon ble supreme court in the case of reserve bank of india vs. ..... judgment of the hon ble supreme court in the case of reserve bank of india vs. .....
Tag this Judgment!Court : Orissa
..... learned single judge further held that since the member-colleges of the petitioners association have admitted students from the ojee merit list as contemplated under section 9 of the 2007 act and there is no reason to debar such students who have already prosecuted their studies in the respective colleges for a considerable period, from continuing their studies and appearing in ..... professional educational institution admissions shall be in accordance with the reservation policy of the government notified for the purpose of this act: provided that nothing in the sub-section shall be applicable to the minority ..... college started by the daru-salam trust appears to stand on a different footing as we find from the record placed before us that permission had been granted by the state 24 government to the trust to start the medical college and on that account, the university had granted provisional affiliation. ..... of section 3 makes it clear that admission of students in all private professional educational institutions, government 17 institutions and sponsored institutions to all the seats including lateral entry seats shall be made through ..... the said letter has no.been saved/protected and as such the same has no bearing ..... 1st semester examination fees in the bput in shape of bank draft through opposite party no.4-college. ..... to refer here the decision of the hon ble supreme court in the case of reserve bank of india vs. ..... judgment of the hon ble supreme court in the case of reserve bank of india vs. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT153; 1992(38)ECC148; 1995(75)ELT486(Ori)
..... court in relation to the exercise of discretionary power under article 226 of the constitution will certainly not apply to the power of the assistant collector under section 11b of the act and, therefore, this decision is of no assistance to the revenue.the next decision relied upon in the notice, annexure-1, is the case of amar nath om parkash and ..... the validity of the price fixed by the state government for levy sugar, and obtained an order of stay, subject to the condition of the mill-owners furnishing bank guarantee for the excess price. ..... in our considered opinion, the assistant collector had no authority to issue a notice like annexure-1 within the four corners of section 11b of the act.even assuming that it was merely to put the assessee to prior notice, let us now examine the authorities on the basis of which the said ..... contention that the theory of unjust enrichment has no place in dealing with a claim for refund of duty under section 11b of the act and the assistant collector is not authorised to exercise that power which a high court or the supreme court exercises under article 226 ..... rath appearing for the petitioners contends that the assistant collector while exercising his power under section 11b of the act cannot take recourse to application of principle of unjust enrichment and refuse an application on that basis, as section 11b in terms does not authorise the ..... (4) of section 11b indicates that save as otherwise provided by or under the act, no claim for refund of duty .....
Tag this Judgment!Court : Orissa
Reported in : 24(1958)CLT479; [1959]36ITR135(Orissa)
..... officer, titlagarh, to show cause, why he should not be committed for contempt of court for having started a legal proceeding against the official liquidator in a pending winding up case under the companies act after the order for winding up was passed, without the leave of the court.by an order passed on august 30, 1957, the koraput swadhin motor transport company limited was ordered to be wound up ..... that it was under this impression and with a view to help the official liquidator to make the payment at the conclusion of the winding up proceedings, he issued the notice acting bona fide and in good faith; and that he very much regretted that he was not aware that leave of the court was to be taken before nay such notice could ..... prerogative, priority, or preferential rights or treatment, in payment of its claims save those expressly conferred and limited by the act itself, in particular by section 230 and sub-section (2) of section 232 (sections 530 and 537(2) of the new act).clearly action under section 46, income-tax act, is not a proceeding in an ordinary court of law. ..... central government was protected under section 537(2) of the indian companies act and that the notice under section 46(5a) of the income-tax act was not an attachment until certificate proceedings would be started by the collector of the district in exercise of his powers under the proviso to sub-section (2) of section 45 of the indian income-tax act. ..... section 46(5a) also.in the case of bank of bihar ltd. v. ..... banking .....
Tag this Judgment!Court : Orissa
Reported in : 1991(I)OLR189
..... such levy of tax and fee is challenged by the petitioner company on the following grounds :(i) the area in question belongs to the central government having been acquired under section 9 of the coal bearing areas (acquisition and development) act, 1957, in the year 1981 and there- fore the petitioner company is exempt from payment of any tax in respect of this property, in ..... c, 1234, in connection with levy of property tax in ahamedabad under the bombav provincial municipal corporations act, 1949, it was argued before their, lordships that the word 'land' denotes the surface of the land and not ..... the company vest in and are owned by the company, the government of india only owns the share capital. ..... constitution exempts the property of the union from all taxes imposed by a state, save and in so far as the parliament may by law otherwise provide. ..... the state government constitutes a local area as municipality under the act. ..... 514, it has been stated :a company registered under the companies act is a legal person, separate and distinct from its individual members ..... capital has been subscribed by the government of india, yet the company has an independent legal existence and is not a department of central government. ..... is also clear that the trading activity carried on by a corporation is not a trading activity carried on by the state department-ally nor is it a trading activity carried on by state through its agents appointed in that behalf.in the bank nationalisation case : air 1970 s. c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori1
..... does not necessarily mean only going into production, and that in fact in the present case there was demonstration of some yarn in the presence of the deputy director, production, government of india, when he visited the mills.it is clear from the memorandum of association of the company that the objects for which the company was established were, inter alia, establishment ..... considerable experience of 'the managing agents in the running of industries, they could help the management as managing directors under the full control of the board of directors, where the government would have the predominating voice being the major share-holders.the managing agents present at the said discussion promised to consult their other directors and to take final decision in the matter ..... remedy is available to the petitioner and that the petitioner is acting unreasonably in seeking to have the company wound up instead of pursuing that other remedy, and the company relied on section 443(2) of the indian companies act, 1956.the company's point is that the experts in their report had suggested two alternatives left for the orissa government, namely, either winding up of the show or to proceed ..... government of india,-- being the additional assistant registrar of this court,-- is directed to function as the liquidator and to proceed, according to law, with the administration of the company in liquidation and take such steps as may be necessary in accordance with the provisions of the indian companies act .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori111; 29(1963)CLT179
..... lordships observed :-'lastly the privilege -- the reason for it being what it is -- can hardly be asserted in relation todocuments the contents of which have already been published'.the learned government advocate contended that the word 'unpublished' in section 123 of the evidence act should be given the same meaning as is given to that expression in the law of libel and that mere communication of the contents of a document to a party will not amount ..... in all these decisions, however, the rules of business made under the provisions of the constitution or under the corresponding provisions of the government of india act 1935, were not specifically noticed though in air 1957 andh pra 486 it was observed that the question as to who is the head of department was essentially a question of ..... the learned munsif rejected his claim under section 123 on the ground that the national savings organisation is only a branch office and not a department of the government of india and that consequently he was not a 'head of department' within the ..... savings commissioner, government of india, filed an affidavit on the 28th march 61 and another supplementary affidavit on 19th april 1961 claiming privilege in respect of some files, including correspondence called for from his office under both sections 123 and 124 of the evidence act ..... (3) p- dated the 4th june 1960 from the national savings commissioner, addressed to the chief secretary to the government of orissa, the other document serial no. 14 is do .....
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