Court : Orissa
Reported in : I(1991)DMC425
..... that controversy cannot be resolved within scope of a proceeding under the act and wife has to approach appropriate forum for that purpose. ..... in a matrimonial proceeding under the hindu marriage act for divorce, application for amendment to add the prayer of restitution of conjugal rights was filed. ..... mental peace to both the parties to have their own way of life, it is desirable that 1 should dispose of the application and as agreed to by learned counsels for both the parties, i dispose of the application under section 13-b of the act in this civil revision.4. ..... when 1 fixed the civil revision for hearing, both parties have filed an application jointly for mutual divorce as provided under section 13-b of the act.3. .....
Tag this Judgment!Court : Orissa
Reported in : 74(1992)CLT663; (1993)ILLJ534Ori
..... that the employees of the board are not entitled to payment of bonus as the board is covered by the exception provided under section 32(iv) of the bonus act, which states that nothing in this act shall apply to employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the central government or a ..... are employees of the orissa khadi and village industries board which is a statutory board constituted under the orissa khadi and village industries board act, 1955 (orissa act 3/1956); for the purpose of organising, developing and regulating the khadi and village industries in the state of orissa. ..... the foregoing discussions, it will be clear that both the questions of entitlement to bonus under the provisions of the bonus act as also the entitlement to house rent allowance are matters within the jurisdiction and competence of the industrial tribunal for adjudication, ..... been made by the petitioners to the orders of the labour court, bhubaneswar, passed under section 33-c(2) of the industrial disputes act, allowing the claim of bonus and differential house rent allowances of the employees of the board, and in one case ..... was that it had never paid bonus to any of the employees, as it is exempt from such payment by virtue of the provision of section 32(iv) read with clause (v) (c) of the act, being an establishment engaged in industries carried on by or under the authority of the industries department of the state government. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR370
..... accordingly, trial court is not correct in excluing operation of section 18-b of the act to have effect on the suit. ..... swamy, learned counsel for appellant, submitted that the suit has abated in view of section 18-b of the orissa money-lenders act, 1939 as amended in 1975. ..... suit is dismissed being barred under section 13-b of the orissa money-lenders act, 1939. ..... no certificate having been obtained, the suit is not entertainable as provided under section 18-b of the orissa money lenders act.7. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR89
..... we, however, make it clear that in view of the definition of 'municipality' in the act, the rule-makers have power to amend the rules to enlarge the definition of municipality. ..... power of state government to create a local fund service- (1) notwithstanding anything contained in this act, but subject to the provisions of secs. ..... the main contention of the petitioners is that though in the act as amended, sub-section (17-b) of sec. ..... state of orissa : 74 (1992) cut 649, a full bench of this court considered the act and the rules vis-a-vis cultack municipality.the court noted that the expression 'cadre' has not been defined in the act. ..... 81 of the orissa municipal act, 1950 (for short, 'the act'). ..... 81 of the act and rule 3 of the rules, the court held that it is absolutely clear that the state government, while constituting the local fund service under the rules and while constituting a cadre of municipal employees, must be ..... 81 of the act, it was also held that the terms and conditions of service prescribed under such rules in respect of officers and servants, who, on constitution of the local fund service, have been absorbed therein shall not be in any ..... 81 of the act and held that the state government by notification may constitute any class of officers or servants of municipalities into a local fund service for the state of orissa ..... 3 of the act, which runs as follows :'municipality means a notified area council or a municipal council or a municipal corporation : we may also refer to sees .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR159
..... effect that such deeming provision may be taken to its logical end, prima facie, supports the statement of the petitioner that in view of the deeming provision under section 6 of the hindu succession act, it must be concluded that on the death of a male heir leaving behind class-i heirs, the joint family comes to end and all the heirs are separated. ..... since ratnakar had died leaving behind male and female class -1 heirs, the various heirs succeeded to the property in accordance with the provisions contained in section 6 of the hindu succession act and in order to ascertain the shares in accordance with explanation in section 6, it must be deemed as if there was a partition just before the death of ratnakar. ..... in the aforesaid decision it has been held that a notional partition under section 6 of the hindu succession act does not ipso facto result in disruption of the joint family and the deemed partition is only for the purpose of ascertaining the share and the persons still continue to remain as a ..... it is further submitted that in view of section 19 of the hindu sucession act, it must be taken that all the heirs held the property as tenants in ..... in section 6 of the hindu succession act in order to ascertain the share of the deceased leaving behind many others, female class-i heirs, it is deemed as if there was a partition just before ..... challenging the orders passed by the authorities in a ceiling proceeding under chapter- iv of the orissa land reforms act (in short, the 'o.l.r. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori154
..... provision in section 26 of the act entitles the minor to claim for interim maintenance. ..... 1955 (in short 'the act') in which the present petitioner no. ..... the aforesaid suit is a proceeding under section 13 of the hindu marriage act. .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC36; 2006ACJ475; 98(2004)CLT280
..... so far as the cases where the injuries are not specified in the schedule, sub-section (ii) was inserted by amending act 22 of 1984, which contemplates that in case of injuries not specified in the schedule, such percentage of compensation payable in case of permanent total disablement as a proportionate to the loss of earning capacity i.e ..... partial disablement has been defined under section 2(1)(g) of the act to mean where disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment which he was engaged at the time of the accident resulting in the disablement, and where the disablement is of a permanent nature, ..... the learned counsel referring to the note in schedule (i) of the act submits that in view of such note read with section 2(1), 4(1)(c)(ii), if a limb or member is rendered unfit for use, it would be treated as a loss of that limb or member and an injury under part-i, schedule-1 ..... total disablement has been defined under section 2(1)(i) of the act to mean such disablement, whether of a temporary or permanent ..... injuries as specified in schedule (1) to the act as schedule injuries and the injuries which are not specified are to be treated ..... such percentage of the compensation the learned counsel for the claimant-respondent that the disablement has to be considered as total permanent disablement and the claimant would be entitled to compensation on such basis in terms of section 4(1)(c) of the act has sufficient force. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR21
..... petitioner in both the writ petitions, which have been annexed as annexure-2 to the writ petitions in form - 'o' intimating the petitioner that the vehicles being involved in offence committed under the state act will be confiscated by the said competent authority-cum-deputy director of mines and in the event the petitioner in both the writ petitions wanted to be heard in the matter in person, he ..... section 16 of the state act unless the person from whom the property was seized is given a notice in writing informing him the grounds on which it is proposed ..... said decision has categorically held that while disposing of an application under section 17 of the state act for interim release of the seized vehicle, if the competent authority thought of disposing of the entire confiscation proceeding, he can do so by following the procedure as provided under section 16(4) of the said act which specifically provides that no order confiscating any property shall be made under sub-section (3) of ..... mining officer, joda, on getting information regarding the offence said to have been committed under the provisions of the state act proceeded towards nuagaon area and found both the aforesaid tippers were loading iron ore lumps at the spot and it is .....
Tag this Judgment!Court : Orissa
Reported in : I(1993)ACC551; 1993ACJ496; 74(1992)CLT868; (1993)ILLJ609Ori; 1992(II)OLR536
..... appeals- (1) an appeal shall lie to the high court from the following orders of acommissioner, namely-xxxxx xxxxxxxxxx xxxxxxx(aa) an order awarding interest or penalty under section 4-a'.the third proviso to section 30(1) of the act under which the certificate is required to be furnished, reads as follows:'provided further, that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by certificate by the commissioner to the effect that the ..... , the entire award on both the grounds would be assailed, a certificate relating to the amount which is the compensation under section 30(1)(a) of the act would be required and no certificate for the amount of penalty would be necessary. ..... not envisage that in an appeal against an award imposing penalty under section 4-a of the act, as provided under section 30(1)(aa) of the act, a certificate would be required to be furnished. ..... has pointed out that absence of certificate required under section 30(1) third proviso, of the workmen's compensation act (for short, 'the act') is a defect to be removed by the appellant.2. ..... is a composite order determining the compensation as well as the penalty under section 4-a of the act and direction to pay the same. mr. l. ..... 30(1)(aa) of the act reads as follows ..... penalty is not fixed and a discretion is left with the commissioner to either absolve the owner from paying any penalty or direct to pay such amount lesser than the maximum rate fixed in section 4-a of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR208
..... it was thus apparent that at the time of vesting the tenants were existing on the land and in view of the provisions contained in section 8 (1) of the o.e.a.act, those tenants were to continue under the state under the same terms and conditions. ..... and after the death of jayakrushna, the three branches inherited the property in equal shares and after vesting the three branches became tenants in view of the provisions contained in section 8(1) of the orissa estates abolition act (in short, the 'o.e.a.act'). .....
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