Court : Orissa
Reported in : 110(2010)CLT45
..... india : air 2001 sc 1333 has no application to the case of the claimant. the said judgment was rendered in connection with one claim case under the indian railways act. the act does not provide for any fixed amount of compensation; the same is left with the central government to fix the amount of compensation from time to time. section ..... of 1994 came into force.13. the next question relates to payment of interest on the amount of compensation awarded under section 140 of the act, 1988. this court in new india assurance company represented through divisional manager, khurda division v. radha bewa and ors. 1997 (2) t.a.c. 96 orissa, held that in respect of no ..... get rs. 50,000 instead of rs. 25,000 as the amendment act 54 of 1994 has retrospective application. hence, the present appeals.4. learned counsel appearing on behalf of the appellants-insurance companies argued that under the un-amended provisions of section 140 of the act 1988, the quantum of compensation was fixed at rs. 25,000 ( .....
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..... 1. the petitioner, geomin minerals & marketing (p) ltd. which is a company incorporated under the indian companies act, 1956, has filed this writ petition, inter alia with the following prayers:"order the ..... of availability and eligibility."2. the facts of the case are as given hereinbelow:-2.1 on 29.10.1991, the petitioner-company filed several applications for grant of prospecting licence and mining lease. according to the petitioner, it has the preferential right for consideration ..... under section 11 (5) of the m.m.(d& r) act vide its letter dated 19.12.2006. the recommendation dated 19.12.2006 made by the state government was challenged by kudremukh iron ore company ltd (in short 'kiocl') before this court in w.p.(c ..... ) no. 1775 of 2007 and this court by order dated 16.4.2007 disposed of the writ petition filed by kiocl and directed the kiocl to approach the revisional tribunal established under section 30 of the m.m.(d&r;) act .....
Tag this Judgment!Court : Orissa
..... in course of hearing, the learned counsel appearing for the opp. parties has not brought to our notice any provision either under the indian stamp act or the indian registration act that confers jurisdiction on the registering officer to issue notice in terms of annexure-3 and to withhold the sale deed after completion of ..... without jurisdiction and hence the same is liable to be quashed. according to the petitioner, there is no such provision either under the indian registration act, 1908 or the indian stamp act, 1899 that empowers the registering officer to issue such notice as under annexure-3 and to withhold the sale deed after completion of registration ..... provisions has justified his action in withholding the registration certificate. to appreciate this contention, it is necessary to know what is contemplated in section 47a of indian stamp act, 1899 (orissa amendment) and rule 28 of the orissa stamp rules, 1952. the relevant provisions of section 47 a are reproduced below: "47-a .....
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..... face of it, it is apparent that though the indian parliament did not include the word 'major port' in the application clause while defining appropriate government at section 2(a) of the act, it is provided that for the purpose of a major port, mine, oild field or railway company, the central government is the appropriate government. section ..... major port, mine, oilfield or railway company, the central government, (e) in any other case, the state government.sub-section (i) of section 2 defines 'major port' has the same meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908, hereinafter referred to as the i.p. act. the said section 2 of clause ..... 8 of the act lays down that if the amount of gratuity is not paid, then an application .....
Tag this Judgment!Court : Orissa
..... the meaning of any law relating to co-operative societies for the time being in force in any state. anil agarwal foundation which is a company registered under the companies act does not fall under any of the categories of the authorities for whom a valid land acquisition process can be launched to acquire land for ..... have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the indian contract act, 1872 defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise, fraud arises out of deliberate active ..... directions and passing orders in the public interest. 41. the development of public interest litigation has been an extremely significant development in the history of the indian jurisprudence. the decisions of the supreme court in the 1970s loosened the strict locus standi requirements to permit filing of petitions on behalf of marginalised and deprived .....
Tag this Judgment!Court : Orissa
..... the meaning of any law relating to co-operative societies for the time being in force in any state. anil agarwal foundation which is a company registered under the companies act does not fall under any of the categories of the authorities for whom a valid land acquisition process can be launched to acquire land for ..... have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the indian contract act, 1872 defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise, fraud arises out of deliberate active ..... directions and passing orders in the public interest. 41. the development of public interest litigation has been an extremely significant development in the history of the indian jurisprudence. the decisions of the supreme court in the 1970s loosened the strict locus standi requirements to permit filing of petitions on behalf of marginalised and deprived .....
Tag this Judgment!Court : Orissa
..... action impugned, the writ jurisdiction should be exercised. 23. the constitution bench of the honble supreme court in calcutta discount co. ltd. vs. income tax officer, companies district 1, calcutta and anr., air 1961 sc 372, observed as under :- it is well settled, however, that though the writ of prohibition or certiorari will ..... facts of their marriage by both the parties and such affidavit cannot be termed as a marriage certificate issued under the provisions of the hindu marriage act or special marriage act wherein only a marriage officer is empowered to issue a marriage certificate. hence, the petitioner has not in any way exceeded his limit and ..... documents under his official seal including conveyance of properties and prepare will or other testamentary documents and prepare and take affidavits for various purposes for his notarial acts. rule 13 of the said rules deals with inquiry into the allegations of professional or other misconduct of a notary either suo motu or on the basis .....
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..... maintainability of the writ application is taken up. it is not disputed that the assessment impugned is appealable under section 127 of the act. learned counsel for the petitioners company submitted that in spite of such alternative remedy, this case comes within the purview of the exceptions to such selfimposed restraint by the ..... k.mishra date of hearing:09.02.2012 : date of judgment:14. 3.2012. s.k.mishra,j.in this writ petition, the petitioners, a limited company, have assailed the final assessment order dated 1.8.2011 passed by the assessing officer-cum-assistant general manager (elect.), rajgangpur electrical division, rajgangpur, sundargarh, opposite ..... court. it is contended that the assessment is without jurisdiction and, therefore, the same is amenable to writ jurisdiction.6. the supreme court in harbanslal sahnia and another v. indian .....
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..... may or may not have storage facilities at that location and accordingly, there is no inter-state sale by the petitioner to other oil companies in orissa. three oil companies, i.e., indian oil corporation ltd. (for short, iocl ), hindustan petroleum corporation ltd. (for short, hpcl ), and petitioner-bharat petroleum corporation ltd. (for short, bpcl ..... year, you have sold goods in course of inter-state trade or commerce from paradeep lighterage terminal to other oil companies. 18 (c) the returns for the year 2001-02 under the cst act do not appear to reflect these transactions of lighterage terminal. the same were also not disclosed during the assessment completed ..... the petitioner, the materials utilized for 20 making the assessment. it is only on verification/examination of the returns filed by the dealer under ost act and cst act for the period of under assessment as well as the documents/statements furnished by the petitioner at the time of reassessment proceedings, the assessing officer .....
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..... xxx .. thus the appellate forum is available to assail an order passed by opposite party no.2.3. the supreme court in harbanslal sahnia and another v. indian oil corpn. ltd. and others; air 200.supreme court 212 has held that the rule of exclusion of writ jurisdiction by availability of alternative remedy is rule of ..... under articles 226 and 227 of the constitution in spite of existence of a statutory remedy of appeal available to the parties under section 19 of the consumer protection act, 1986. the supreme court held as follows: we have considered the respective arguments/submissions. there cannot be any dispute that the power of the high courts to ..... petition, the petitioner, a retired employee of mahanadi coal fields ltd., has assailed the order dated 15.4.2011 passed by the controlling authority under payment of gratuity act, 1972 and regional labour commissioner (central), rourkela, opposite party no.2, in application no.36(3)/2010. as per the said order opposite party no.2 rejected .....
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