Court : Orissa
Reported in : AIR1963Ori171
..... sub-section (1) of section 131 is unconstitutional on the following two grounds :(i) it amounted to excessive delegation by the legislature, inasmuch as the maximum or minimum limit to the octroi duty that may be levied was not indicated in the act and the municipality was conferred unfettered discretion to levy octroi at any rate that it may consider fit, subject to the sanction of the state government. ..... das invited our attention to sections 112, 133, 134 and 135 of the orissa municipal act which impose certain restrictions on the levy of taxes on holdings, lighting and water tax, latrine tax, ..... be no express provision in chapter xiii of the orissa municipal act (which deals with municipal taxation) regarding the principles to be followed by the municipality while fixing the rate of levy of the octroi nevertheless i think the legislature has, in sections 114 and 117 of the act clearly indicated the main principles which should guide the municipality in levying octroi duty. ..... in that case the constitutional validity of clause (xi) of section 59 of the bombay district municipal act, 1901 (quoted below) was challenged on the ground that it amounted to abdication of its functions ..... a tax under section 131 of the act can be levied only for the purpose of municipality and the amount collected therefrom which constitutes the municipal fund can also be expended only for the limited purposes mentioned in section 117 (1) of that act-- subject to certain exceptions provided in section 113 .....
Tag this Judgment!Court : Orissa
Reported in : 1966CriLJ333
..... from the above view of the learned judge and held that it would not be correct to hold that in the case of purchase for analysis before a conviction can be had under section 16(1)(a) of the act, it is incumbent upon the prosecution to prove that the article in question was sold as an article of food in addition to the prosecution proving that what was sold was an article of food and that it was ..... the learned judge in that case took the view that before a conviction could be held under section 16 read with section 7 of the act, the prosecution should not only prove that what was sold was an article of food and that it was adulterated, but it must also establish that the adulterated food has been sold as ..... of this position it must be found that the respondent-accused has committed an offence under section 16(1)(a) read with section 7(i) of the act and he is accordingly convicted under that section and is sentenced to pay a fine of rupees five hundred and in default to undergo ..... on behalf of the respondent that the giving of sample dal in question to the food inspector is not a sale within the meaning of the general law and under the provisions of sections 10 and 11 of the act the accused had no option but to sell the samples and as such the sale was not a voluntary act between the seller and the buyer and therefore is no sale within the meaning of law. ..... of the allahabad high court, reported in municipal board, kanpur v. ..... in a case reported in patna municipal corporation v. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR545
..... according to the petitioners the orissa house rent control act, 1967 (orissa act 4 of 1968), as provided under section 1(4) thereof and as amended by orissa act 10 of 1974 was to cease to have effect on the 4th day of may, 1981; since on the 4th day of may, 1981 the act had already ceased to have effect the amending act, orissa act 15 of 1981, under which the life of former act was intended to be extended till 4th may, 1988 could not achieve that purpose and ..... 1967 section 1(4) of the act provided that it shall erase to have effect on the expiry of seven years from the date of its commencement except as respects things done or omitted to be done before the expiration thereof and section 5 of the orissa general clauses act, 1937 shall apply upon the expiry of the act as if it had then been repealed by an oriasa act. ..... the orissa house rent control act, (orissa act 31 of 1958) came in to force on 1st of january, 1959 within the municipal limits of the towns of sambalpur, berbampur and cuttack. ..... 'applying the principles laid down in the case referred to above to the statute in question, it is expressly provided under section 1(4) of the act that it shall cease to have effect on the 4th day of may, 1981 except as respects things done or omitted to be done before the expiration there of and section 5 of the orissa general clauses act 1 of 1937 shall apply upon the expiry of this act as if it had been repealed by an orissa act. .....
Tag this Judgment!Court : Orissa
Reported in : 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
..... the orissa civil courts act, 1974 came into force repealing the bengal, agra and assam civil courts act, 1887. ..... but no suits had been filed, whether claims of any damages arising out of the accidents would be maintainable before the accidents claims tribunal by filing applications under section 110-a of the said act or suits would lie for enforcement of rights before the civil court which was the forum available when the causes of action for claiming damages arose. ..... tribunal is pending perhaps awaiting the result of this appeal.in the written statement, apart from refuting the claim of the plaintiff on merits that excise duty was not exigible under the act, as already stated, the question of maintainability of the suit in the civil court was also raised.6. ..... 17 of the first schedule to the central excises and salt act, 1944 (shortly stated 'the act'), the plaintiff claims that it was not liable to pay excise duty from 16-3- ..... 5,000/-under the bengal, agra and assam civil courts act, 1887, and where the value of the decree passed by the subordinate judge did ..... xxx xxx(4) save as otherwise provided by or under this act, no claim for refund of any duty of excise shall ..... as regards the period of limitation, section 5 of the limitation act may be applicable to such cases since the same does not appear to have ..... municipal ..... 20,000/-, as per the provisions of section 16(2) of the act.it would be seen on a plain reading of the section that the appellate jurisdiction of the district judge has been .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori235
..... to file the return furnishing the particulars of all the lands held by him as aforesaid : provided further that where as a consequence of the amendment of this act by the orissa land reforms (amendment) ordinance, 1974 (orissa ordinance 2 of 1974), such person considers it necessary to submit a return or revised return, such return or revised return shall be submitted within thirty days from the date of publication ..... of such: amendment, he shall submit the return or revised return, as the case may be, in accordance with the provisions of that section within thirty days from the commencement of the said act :provided that persons, against whom proceedings under section 43 have been initiated by the revenue officer on his own motion, shall not be bound to file any return as required by this section ..... may it be pointed out here that these words, which were inserted in section 43 (1) of the act by the amendment act 9 of 1974 by which amendment also section 40-a as finding place presently in the statute book was inserted, have to be read ..... statute book now, had been inserted in the act by the orissa land reforms (amendment) act, 1974 (orissa act 9 of 1974). ..... to indicate the parcels of land which he wishes to retain has been taken away by the first proviso to section 40-a, which had also been inserted in the act by the amendment carried into effect in 1974, and so the insertion of the words 'having a righ to do so' in section 43(1) of the act must be read together with section 40-a.7. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori174
..... the petitioners call in question the explanations & added to section 77, representation of the people act, 1951 (for short, 'the act'), by the representation of the people (amendment) act, 1974 (act 58 of 1974), to be described hereinafter as the amendment act, which came into force on and from october 19, 1974, as being illegal and invalid, by defeating the very purpose of the act providing for a free and fair election and being opposed to the invaluable doctrines of ..... challenge to the vires of the explanations inserted to section 77, representation of the people act, 1951, by the representation of the people (amendment) act, 1974, though attractive on an idealistic plane was given a burial in indira gandhi's case, air 1975 sc 2299, decided by a constitution bench of the supreme court and is no more available ..... equality before the law and equal protection of the laws enshrined in article 14 of the constitution and for having encouraged corrupt practices and eroding all norms embodied in the act ..... (paras 692 to 695):-- '.........the argument regarding the invalidity of the representation of the people (amendment) act 58 of 1974 and the election laws (amendment) act, 1975 has, however, no substance. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori225; 74(1992)CLT147
..... , air 1980 sc 1622 : (1980 cri lj 1075): we are left wondering whether our municipal bodies and government departments are functional irrelevances, banes, rather than boons, and 'lowless' by ..... the organised discharges occur within its limits, the maximum responsibility in this connection perhaps lies with the cuttack municipality, which must take appropriate steps to stop all sewage/waste water discharges to the canal. ..... as indicated above, the stand of the state and its functionaries and the municipal authorities is evasive and considering the counter-affidavits filed by them, it is found that while the board has revealed the correct position, they have tried ..... the board requested the collector, cuttack and the authorities of the cuttack municipality on a number of occasions to take necessary remedial measure in consultation with ..... cuttack, several acts of the aforesaid authorities and the state of orissa are alleged to be in violation of article 21 of the constitution of india, the national health policy, the environment (protection) act, 1986, and the water (prevention and control of pollution) act, 1974. ..... of a committee consisting of the executive engineer, public health, cuttack; the chairman, cuttack municipality; the collector, cuttack; the secretary to government in the urban and housing department; the secretary to government in the health department; the executive officer, cuttack municipality; the vice-chairman, cuttack development authority; the superintendent, s.c.b. .....
Tag this Judgment!Court : Orissa
Reported in : 1996(II)OLR5
..... above shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the state board.section 27 of the act empowers the state board not to grant its consent unless the industry so established has complied with any conditions imposed by the board so as to enable the board to exercise its right to take samples of the effluent. ..... is driven to the pits dug and from there through its own sewer to the municipal drain.it is further case of the petitioner that notwithstanding the fact that the petitioner-hotel is not a polluting unit, the board ..... of the orissa state pollution control board (for short, the 'board') directing to close down the hotel for allegedly violating the provisions of the water and air (prevention and control of pollution) act, 1974 (act no. ..... besides, the learned counsel after drawing the attention of this court to various provisions of the act including sections 22 and 25, strenuously urged that because of serious procedural defect in collecting the samples of the effluent and non-compliance of mandatory provisions of the act, the action of the board is unsustainable in the eye of law and is liable to be set ..... so collected were sent to the board's laboratory and on analysis it showed parameter beyond the prescribed limit and, therefore, the unit was directed to treat the effluents before discharging the same to the municipal drain.4. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori70
..... davey (1803) 1 ch 316).one celebrated point, which the indian law should be emulous of, is the provision under section 62 of the english control of pollution act, 1974, operating as perfect control of street noise, and the term 'street' under that section is defined to mean 'a highwayand any other road, footway, square or court which is for the time being open ..... the areas of water and air pollution, there are two independent acts in india, named as the water (prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 1981, there is no independent act to deal with the problem of noise pollution. ..... act has been made applicable to the municipalities and the notified areas under the orissa municipal act, 1950 (in short 'municipal act ..... to mean 'any solid, liquid, or gaseous substance present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.in view of section 2(1) of the above amendment act of 1987, the definition of air pollutant as now rendered is 'any solid, liquid, or gaseous substance (including noise) present in the atmosphere.14. ..... be decency, but the difficulty, again, is that the word decency being itself undefined, public shall have to wait until some verdict of the higher judiciary might declare noise as contrary to decency.a bye-law of a municipality requiring permission for using a loudspeaker does not infringe article 19(1)(a). .....
Tag this Judgment!Court : Orissa
Reported in : 1986(II)OLR483
..... in that view of the matter, the issuance of a notice under section 147(2) of the municipal act giving one month's notice to the person interested of any alteration of the assessment list proposed to be made under any of the clauses of sub-section (1) is a condition precedent for ultimately effecting the alteration, and thus it is a jurisdictional ..... that was a case where a suit was filed for recovery of certain amount on the ground that the municipal authorities were not entitled to recover the amount by way of octroi duty and penalty and the defendants raised the question of jurisdiction of the civil court. ..... mungia (air 1932 patna 220), it has been clearly held that the suit by the municipality to recover arrears of municipal taxes is cognisable by small cause courts.the preliminary objection, therefore, has got no substance and is rejected.8. ..... 'in this case it was further observed that in the absence of notice, the fact that the municipality had already gone into the matter of the merits of the objection to the increased assessment would not create a bar to the suit for consideration of the validity of such assessment on merits.after the coming into force of the patna municipal corporation act which contains a similar provision in section 139, ramaswami, c. j. ..... , for three years, namely, 1974-75, 1975-76 and 1976-77, at the rate of rs. ..... , 1974-75 and 1975-76, on the ground that the plaintiff should have included that claim in an earlier suit, (t. m. s. .....
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