Court : Orissa
Reported in : 108(2009)CLT85
..... has been filed challenging the constitutional validity of the provisions of the 'orissa development of industries, irrigation, capital construction and resettlement of displaced persons (land acquisition act) act, 1948' (hereinafter referred to as the 'act') on the grounds that the provisions providing for acquisition of land under the said act had been violative of the provisions of article 19(1)(f) of the constitution of india and after amendment of the constitution of articles 31a and 300a of the constitution of india and ..... : air 1974 sc 2077, has observed as under:.to have sat on the fence & allowed the government to complete the acquisition on the basis that notification under section 4 and the declaration under section 6 were valid and then to attack the notification on the grounds which were available to them at the time when ..... in mangal oram it was contended on behalf of the land owners that the state government was not competent to acquire the land under the act for the establishment of a steel plant. ..... lands would likewise be needed for post offices, banks, clubs, parks, cinemas, roads, police stations as also for cremation and burial of the dead. ..... : air 2007 sc 2458, the court held as under:property, while ceasing to be a fundamental right would, however, be given express recognition as a legal right, provisions being made that no person shall be deprived of his property save in accordance with law.11. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT269
..... to the standing order in question and its earlier decisions on the question, set aside the order of the division bench of the high court holding that the land acquired vests in the government absolutely free from all encumbrances and the unused land cannot be re-assigned or reconveyed to the original owner merely on the basis of an executive order.in state of haryana v. ..... the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 under which the instant acquisitions were made was repealed by the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) repeal act, 1994 without any saving clause and hence according to the interpretation of statute, it should be deemed that the said law was ..... are that in the year 1954-55 and subsequent to that, the state government acquired agricultural and homestead lands in the district of sundargarh and urgency clause was made applicable for speedy acquisition under the provisions of orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 (hereinafter referred to as 'the act') for the development of industrfes, namely, establishment of rourkela steel plant and ..... lands would likewise be needed for post offices, banks, clubs, parks, cinemas, roads, police stations as also for cremation and .....
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori26
..... amount, in shape of post office saving bank account/nsc/post office time deposit account/kvp/deposit receipt of scheduled bank duly pledged in favour of the e ..... cost by more than 10%, in such an event the successful bidder will deposit the additional performance security to the extent of the differential cost of the bid amount and 90% of the estimated cost in shape of post office savings bank account/national savings certificates/post office time deposit account/kissan vikash patra/deposit receipt of scheduled bank.8. ..... petition, are as follows:the executive engineer, salandi canal division, bhadrak on behalf of the governor of orissa published a tender call notice inviting applications from the eligible class of contractors registered with the state government for giving their item rate bids for construction of 14 (fourteen) items of works indicated in the said tender. ..... 30,000/- towards additional performance security in the shape of national savings certificate, on calculation; he found that the exact amount comes to ..... the instructions given by the government to the works department are codified in orissa public works department code (vol. ..... if the petitioner had already prepared the bank draft for additional amount on 15-10-2008, he could have easily submitted the same along with the tender ..... government ..... 000/- towards the differential price in shape of national savings certificate. ..... subordinate how to act in certain circumstances but such instruction cannot be treated as statutory .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori126; (2008)106CALLT26(NULL)
..... inoperative being occupied by the central legislation with effect from 18.12.1999, if the saving clause and the interpretation thereof as advanced by the government advocate is accepted, it would tantamount to hold that irrespective of the earlier declaration by this court that the state act became inoperative, yet, the state act and the rules framed thereunder will continue to govern and remain in force even beyond that period and that too until the 2007 rule was ..... paragraph, this court took note of the fact that whereas section 23c had been incorporated in the central act, 1957 by 1999, the same had empowered the state government to make rules for the purpose indicated therewith, yet, no such rule had till the date of the said judgment been framed by the state government and considering the said fact, this court expressed its anxiety by stating that it was expedient in public ..... learned counsel for the petitioner further contended that by framing the orissa rules, 2007 on 16.7.2007, in essence, the state government has admitted that the provisions of the orissa act, 1989 and 1990 rules framed thereunder, were no longer valid since they have been effectively rendered invalid with effect from 20.12.1999, i.e. ..... placing reliance upon rule 22, the saving clause, learned government advocate submitted that any action taken against the petitioner and the order passed under the orissa act, 1989 and 1990 rules are deemed to have been taken under 2007 rule. .....
Tag this Judgment!Court : Orissa
Reported in : [2008(117)FLR1143]; (2008)IIILLJ385Ori; 2008(II)OLR274
..... ground that the award has not been published in the gazette of the government of orissa even though there is no specific provision under section 17 of the act that the award needs to be published in the official gazette.mr. ..... conciliated by the labour officer but was subsequently referred to the labour court by the government for adjudication as to whether the termination of the petitioner was legal and just. ..... the industrial disputes act provides as follows:17...publication of reports and awards- (1) every report of a board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a labour court, tribunal or national tribunal shall, within a period of thirty days from the date of its receipt by the appropriate government, be published in such manner as the appropriate government thinks fit. ..... under industrial disputes rules, 1959 also the state government has not specifically prescribed the manner of publication of the award passed by ..... judgment was set aside by the appellate court only on the ground that the state government in official gazette did not publish the award. ..... when publication has to be made by the state government, it has to be made only in the official gazette and not otherwise.counsel for the parties in support of their respective contentions relied upon the decisions in the management hotel imperial, new delhi and ..... section 17 of the act clearly contemplates that the award has to be published by the state government. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(1)OLR443; (2008)15VST296(Orissa)
..... effected by it to a buying dealer or person, either directly or through an intermediary, shall collect by way of tax an amount equal to the tax payable on the value of such finished products under section 3 of this act by the buying dealer or person in prescribed manner and shall pay the tax so collected into the government treasury:provided that the tax so payable by a manufacturer under this sub-section during a year shall be reduced by the amount of tax paid under this ..... composition of offences, refund, recovery, assignment of proceeds including other enforcement provisions and the provisions to empower the state government to make rules for carrying out the purposes of the bill after enactment.the bill further seeks for abolition of octroi duty levied and collected under the orissa municipal ..... the tax is proposed to be levied on every dealer in scheduled goods or any person who brings or cause to be brought into a local area the scheduled goods at such rates as may be prescribed by government not exceeding twelve per centum of the purchase value of such goods.the bill also seeks to mark provisions, inter alia, for furnishing of periodical returns, appointment of taxing authorities, assessments, appeals, revision, maintenance of accounts, ..... the state some times gets the loan from outside agencies like union govt, world bank etc. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori56; 105(2008)CLT330
..... -(i) 'academic year' means the year beginning with the 1st june of a calendar year and ending with the 31 st may of the next calendar year;(ii) 'act' means the orissa education act, 1969;(iii) 'block grant' means a fixed sum of grant-in-aid payable in accordance with para-3;(iv) 'government' means the government of orissa in the department of school and mass education;(v) 'grant-in-aid order, 1994' means the orissa education (payment of grant-in-aid to the high ..... (3) the quantum of block grant as provided under sub-paras (1) and (2) shall be a fixed amount of grant-in-aid which shall be payable within the limits of economic capacity of government as mentioned in sub-section (1) of section 7-c of the act and shall have no linkage with the salaries and allowances payable by the respective managing committees to the teaching and non-teaching employees of such institutions.5. ..... 'educationally backward district' shall be for the purpose of this sub-section mean a district in which the percentage of literacy is less than fifty per cent of the total population of the district as per the latest census.7-c(3) save as otherwise provided, no private educational institution which has not been recognized by the state government under this act shall be entitled to receive any aid from the state .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
..... form prescribed for the purpose of sub-section (4) (or sub- section (8) of section 8 which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this act or any rules made thereunder;(f) collects any amount by way of tax in contravention of the provisions contained in section 9-a);he shall be punishable with simple imprisonment which may extend to six months, or with fine, or ..... classes specified in the certificate of registration of the registered dealer purchasing the goods as being intended for re-sale by him or subject to any rules made by the central government in this behalf, for use by him in the manufacture or processing of goods for sale or (in the telecommunications network or) in mining or in the generation or distribution of electricity or any other form of power. ..... the question which came for consideration in that case was if any person, not being a dealer, and not liable to pay any tax, he collects tax under the act, collects any sum by way of tax, of if as a dealer, he collects tax in excess of the tax payable by him, or if he collects tax in contravention of the provisions of section 46, he shall be liable to pay, in addition ..... the subsidiary question is whether in purchasing the said items against 'c form the petitioner has contravened the provisions under section 10a of the cst act to attract penalty and whether the plea taken by the petitioner company that in the absence of mens rea the penalty should not have been .....
Tag this Judgment!Court : Orissa
Reported in : 2007(I)OLR80
..... under such circumstance, the government appeal is disposed of without interfering with the order of the appellate court. ..... (special court), cuttack delivered the judgment on 13.09.1988 finding the accused persons guilty of the offences under section 7(1)(a)(ii) of the essential commodities act (in short 'e.c. ..... 1 and 2) and maintained conviction of accused munsi shamsuddin only under section 7(1)(a)(ii) of the act. ..... act for making and maintaining false statement of accounts regarding their stock position of edible oil. ..... act and sentenced to pay a fine of rs. ..... act for contravention of clause-3 of orissa declaration of stocks and price of essential commodities order 1973 (in short 'order 1973') and clause-12 of orissa pulses, edible oilseeds and edible oils (storage control) order, 1977 (in short 'order ..... act') and also under section 9 of the e.c. .....
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 .....
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