Court : Orissa
Reported in : AIR1952Ori28
..... raibogra zamindary ii whereas the state government of orissa has undertaken the management of the forests of zamindaris in the gangpur state in the district of sundargarh in pursuance of clause (a) of sub-section (1) of section 80 of the indian forest act, 1927 (xvi of 1927); now, therefore, in exercise of the powers conferred by sub-section (2) of the said section of the saidact, the governor of orissa is pleased to declarethat provisions of chapters ii and iv of the saidact shall apply to the said forests, waste-landsand produce thereof with effect from the 15thapril, 1950. ..... sub-section (1) of section 80 of the indian forest act runs thus:management of forest, the jointproperty of government and other persons. ..... no clearing of village forests for the extension of cultivation should be permitted without the darbar's sanction and no considerable clearing should be permitted for any reason until the darbar has received a report from a responsible state forest officer. ..... this is a matter for the government to decide in consultation with their law officers.11. .....
Tag this Judgment!Court : Orissa
Reported in : 1970CriLJ1193
..... section 20-a of the orissa amendment to the indian forest act, the kukuda forest is a reserved forest, and as such, the acts of petitioners clearly amounted to an offence under section 26(1)(h) of the indian forest act ..... it is argued that in the absence of a notification under section 20(2) of indian forest act, the area cannot be treated as a reserved forest, and as such, the acts of petitioners will not constitute an offence under section 26(1)(h). ..... petitioners has been convicted under section 26(1)(h) of the indian forest act and sentenced to a fine of ..... that to constitute a reserved forest under the indian forest act, the requirements of the procedure laid down in the act must have been complied with followed by a notification under section 20(2). ..... an offence under section 26(1)(h) of the indian forest act. ..... state, however, contends that the area in question is a reserved forest under section 20.a of the indian forest (orissa) amendment act of 1954, and as such, the question of a notification under section 20(2) is irrelevant. ..... by the ruler of any merged state immediately before the date of merger as a reserved forest in pursuance of any law, custom, rule, regulation, order or notification for the time being in force or which has been dealt with as such in any administration report or in accordance with any working plan, or register maintained and acted upon immediately before the said date and has been continued to be so dealt with thereafter, shall be deemed to be reserved .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori219
..... mohanty in support of this petition is that under section 80 of the indian forest act, 1927, the government could undertake the management only of those forests in which the government and any other person are jointly interested. ..... schedule annexed hereto shall be managed by the government of orissa in the forest department with effect from 1-1-1950 as the government is interested jointly with the respective zamindars in the forest and waste land and the produce thereof.schedule1.madanpur rampurzamindary2.lanjigarhditto3.karlapatditto4.jaipatna or mahulpatnaditto5.kashipurdittowhereas the government of orissa has undertakenthe management of the forests of zamindari in thekalahandi state in pursuance of clause (a) of sub-section (1) of section 80 of the indian forest act, 1927(xvi of 1927) read with the notification of thegovernment of orissa in the home departmentno ..... : in exercise of the powers conferred by clause (a) of sub-section cd of section 80 of the indian forest act 1927 (xvi of 1927), read with the notification of the government of orissa in the home department no. 2 a. ..... but withexception of these restrictions, the particulars of which would be specified from time to time by the officers of government in the forest department, the zamindar's management of the lands composing his zamindari would, as stated, be absolutely free from interference. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori114; 1995(I)OLR1
..... on the basis of the provisions of section 35 of the indian forest act, 1927, it was contended that the provision of deemed licence to the orissa forest development corporation limited or the government agency in respect of the area in the reserved forests is illegal. ..... establishment and operation of saw mill and saw pit- (1) on and after the appointed day, no person shall establish or operate a saw mill or saw pit except under the authority and subjectto the conditions of a licence granted under this act: provided that no person shall establish or operate any saw mill or saw pit within a reserved forest, protected forest or any forest area or within ten kilometers ' from the boundary of any such forest or forest area. ..... under the circumstances, there is no scope for an interpretation that section 4(2)(ii)(b) provides for a discretion in the officer to grant or refuse a licence to a saw mill/pit even within a prohibited zone. ..... means that the ban was not intended to be total and the location of the saw mill/pit in the area specified was merely one of the factors to be taken into consideration in granting or refusing the licence; (d) the use of the expression 'any area' in section 5(1) and not the use of 'any other area' militates against the concept of total ban; and (e) section 13(1) (b) gives the discretion to the licensing officer to order confiscation where a saw mill/pit is estab-lished .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT114; 1998(II)OLR136
..... with regard to a telegraph established or maintained by the government or to be so established or maintained.section 10 of the indian telegraph act, 1885 empowers the telegraph authority to maintain a telegraph line under, over, along or across, and posts in or upon any immovable property provided inter alia that the authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property, it shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise ..... any support of an overhead'line may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the district magistrate or, in a presidency-town the commissioner of police, by order in writing so directs:provided also, that, if at any time the owner or occupier of any building or land on which any such support, stay or strut has been fixed shows sufficient cause, the district magistrate or in a presidency ..... the background facts, as stated by the petitioner, are as follows :the petitioner purchased a plot of land in the year 1993 near the residential office of the collector, jharsuguda on the state highway and after approval of plan and after obtaining proper permission from the sambalpur regional improvement trust, she constructed a double storeyed house. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori26
..... mohapatra centres round section 90 of the indian evidence act, which runs as follows:'where any document, purporting or proved to be thirty years old, is produced from any custody which the court in the particular case considers proper, the court may pregume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it ..... behalf of the appellants urged that the principal question relates to religious rites and ceremonies which do not involve any question of right to property or to an office and consequently is not cognizable by a civil court under section 9 of the civil procedure code. ..... as the oriya dates given in the two documents tally with each other the document having borne the seal of the temple superintendent's office and having been signed by the manager of raja mukunda deb subsequent to ext. ..... exhibit 2 is the opinion of muktimandap ma-hasabha' signed by the president and the assistant secretary whereby they advised the raja that the height of a titha' could not be higher than the 'kurma prachir' which is against all established ..... chunni lal, 99 ind gas 759: (air 1927 all 765) (x), it was pointed out: 'even where an ancient document does not purport to have been signed by the executant it is open to the court to presume that the party who signed for the executant .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori165; 1957CriLJ899
..... the learned sessions judge quoted the first sub-section of section 45 and came to the conclusion that not entering an amount into the books of account is an act of negligence contemplated in the section and then relied upon the provision contained in clause (c) of section 40 which contemplates a negligent act on the part of an officer of the society and says that where as the result of an audit it appears to the registrar that any person who has taken part in the management of the society has by reason of culpable negligence or misconduct insolved ..... the learned sessions judge observes, 'the prosecution evidence in substance is that the appellant, as president and treasurer, was bound to bring all those amounts into account but he has failed to do so. ..... according to his contention, the offence complained of against the respondent is an offence under the general law contained in the indian penal code lor which no sanction is necessary. ..... police and they were not produced for audit; and that the share account had been maintained in a torn piece of paper, so also the cash book. ..... on 9-8-53 the assistant re-gistrar submitted a report (ext. ..... 2) to the assistant registrar. ..... the prosecution also alleged that the assistant audit officer (p. v. .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)
..... of the fact that power to legislate for levy of tax on sale or purchase or goods is provided in entry 54 in list ii of the seventh schedule to the constitution and power to legislate for levy of tax on manufacture and production of goods is authorised under entry 84 in list 1 of the seventh schedule and 'goods' has been defined in the constitution where in both the entries levy of tax on goods is dealt with 'goods' having an inclusive definition in the constitution is to ..... referring to section 39 of the indian electricity act, it was observed :-'with regard to the first reason that section 39 of the act extended the operation of section 378 of the code, it seems to us beyond question that section 39 did not extend section 378 in the sense of amending it or in ..... capable of abstraction, consumption, and use which, if done dishonestly, should attract punishment under section 39 of the indian electricity act, 1910. ..... of india, levy of duty on electricity under central excises & salt act, 1944 (hereinafter referred to as 'the act') as amended by section 36 of finance act 1978 is assailed by the petitioner, a company registered under the indian companies act, 1913.2. ..... the term 'movable property' when considered with reference to 'goods' as defined for the purposes of sales-tax cannot be taken in a narrow sense and merely because electric energy is not tangible or cannot be moved or touched like, for instance, a piece of wood or a book it cannot cease to be movable property ..... the officers of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori69
..... (2) the learned single judge has gone wrong in holding that section 307 of the indian succession act read with section 211 thereof had no application to the case; (3) even if at the time of alienation there was any defect in the title of the alienor widow, she having become a full owner, the alienation bound her and she was estopped from challenging it; (4) the suit with a mere declaratory relief when the plaintiffs were out of possession was not maintainable ..... law for the time being in forceis produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this act unless and until it is disproved:'in order that the presumption as provided in the section may be raised, the following conditions are to be complied with:--(i) there must be a document; (ii) it must be registered under ..... 1 used to go to his office and that with the help and support of two persons she was able to walk. ..... the doctor's evidence sumptuously referred to in court shows that when assisted she was able to move about. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT743; 2005(II)OLR40
..... view of the provisions of orissa survey and settlement act, 1958 and the rules framed thereunder, orissa forest act, 1972, indian forest act, 1927, no area can be treated as forest without following elaborate procedure and then due notification and as such the land of the petitioner cannot be treated or termed as forest or forest land'. ..... pleaded that land of the petitioner which admittedly has 111 numbers of sal and teak trees and recorded in the ror as cashew plantation does not come under the definition of forest land as defined in section 2(c) of the orissa communal forest and private lands (prohibition of alienation), act, 1948 as the same has at no point of time been declared to be forest land by notification of the state government. ..... the appeal of the appellant, owner of certain land classified as 'bagan' (garden) in the ror who in the process of cutting trees from his garden to renovate it by planting new hybrid saplings was prevented by police personnel and block land reform officer from further felling trees citing the judgment of the apex court in t.n. ..... that the guideline of the supreme court relating to definition of forest within the forest conservation act, 1980 squarely applies to the land of the petitioner and thus it comes within the definition of the forest as defined in section 2(i) of the said act and as such the rejection of the petition of the petitioner for grant of tt permit for felling and transporting the trees standing over it is lawful and justified.9. .....
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