Court : Orissa
Reported in : AIR2007Ori138; 2007(1)OLR771
..... court in the case of state bank of hyderabad v. town municipal council reported in 2007(1) olr (sc) 406.4. the case at hand is of the year 1986 and the amended provision under order 6, rule 17 c.p.c. shall not be ..... or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil ..... make it abundantly clear that the proviso which was inserted in the year 2002 by the code of civil procedure (amendment) act, 2002 shall not apply to suits which were filed earlier. this court is also fortified by a decision of the supreme ..... law.2. heard learned counsel for the petitioners at length. section 16 of the code of civil procedure (amendment) act, 2002 deals with repeal and savings. sub-section (1) of section 16 stipulates that any amendment made, or any provision inserted in the principal .....
Tag this Judgment!Court : Orissa
Reported in : 70(1990)CLT642; (1992)IILLJ37Ori
..... and as such the institutions cannot be regarded as statutory bodies. we would however demur to accept the submission in view of the provisions finding place in section 4(4) of the act and in view of what was stated by this court in kaalavati punjabi and krushna chandra in particular. the views expressed in padmanava padhy and s.p. gantayat ..... aspect of the exception, the submission of mr. rath is that as the rules incorporated in the orissa education code have been given statutory status by section 27(4) of the act, violation of any rule contained in this code would also amount to violation of a mandatory statutory provision. the force of the contention of mr, rath cannot be ..... . as in the present case even the rules contained in the orissa education code have been given statutory force because of what has been stated in section 27(4) of the act and as the institutions in question have to be regarded as public bodies for the reasons already given, we are of the view that a writ petition is .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT851; 2008(I)OLR783
..... against persons, authorities and the state. the power of superintendence conferred upon every high court by article 227 is a supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law....(i) the learned judges in umaji keshao further held that the orders, directions and writs under article 226 are ..... is impermissible in view of the clear guidelines given in paragraph 38 at page 3056 of the report in surya dev rai's case. in this connection, sub-paras 3, 4, 5, 6 and 7 of para. 38 are very pertinent.24. a division bench of this court to which one of us (hon'ble a.k. ganguly, j. as ..... .2006 passed by the learned civil judge (senior division) and directed that i.a. no. 71 of 2005 shall be restored subject to the condition for payment of costs.4. one basic question which comes for consideration in this case is, whether such a writ petition is maintainable in a proceeding arising out of a partition suit filed in a .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT414; 1994(I)OLR485
..... of land encroachment ast originally made provision in section 7(2) not to procced for eviction if the encroachment is unobjectionable. that provision was amended and substituted by act 4 of 1975 providing that notwithstanding anything contained in sub-section (1), where any land is in the unauthorised occupation of a person who does not own any land, ..... him for the self-same land directing his appearance on 13-5-1971 and filing of show-cause under section 7 of the orissa prevention of land encroachment act, 1953 (orissa act 15 of 1954). rule 17 of the u. l. s. rules provides that if a site has been occupied without authority and the settlement of the ..... the power of settlement was all along available with the tahasildar under the statute itself. once a statutory power of settlement was available to a functionary under the act and such a proceeding under the statute had been initiated, it was no longer possible to continue the proceeding also under the administrative provisions like the u.l. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori186; 2006(II)OLR94
..... not maintainable and the judge, family court, cuttack had no jurisdiction to try the case. he further submitted that the petition formaintenance filed under section 7 of the family courts act was also not maintainable, since the wife claimed maintenance for herself and for children whereas the family court can decide the dispute only between the husband and the wife. therefore ..... partly decreed the case with a direction to the husband to pay monthly maintenance at the rate of rs. 500/- per month to each of the petitioners 1, 3 and 4 before him from 07.01.1992, i.e., from the date of filing of the case. he further directed to pay monthly maintenance at the above rate to petitioner ..... to his wife and children, for which the life of the husband became miserable and he divorced the wife. the husband in his written statement denied all the allegations.4. in order to prove her case, the wife examined as many as three witnesses including herself as p.w.1 and relied on four exhibits marked exts.1 to .....
Tag this Judgment!Court : Orissa
Reported in : 40(1974)CLT544; 1974CriLJ879
..... judgment of acquittal passed in criminal appeal no. 207-c of 1970 dated 23-4-1971 by the additional sessions judge. cuttack, the accused (respondent herein) was prosecuted under section 16(1)(a)(i) read with section 7 of the prevention of food adulteration act and rule 23 of the prevention of food adulteration rules. in the trial court ..... out of the other two bottles of sample he sent one to the public analyst at bhubaneswar through a constable. on analysis by the public analyst (p. w. 4) it was found that the icakes received by him were adulterated as they contained metanil yellow, a prohibited colouring material. after necessary sanction p.w. 3 submitted the prosecution ..... against him was vitiated as the charge framed against him was improper and not in accordance with law, and he was not in charge of the said factory.4. mr. dora the learned counsel for tine accused-respondent at the outset contended that on the evidence on record it was not established beyond reasonable doubt that the .....
Tag this Judgment!Court : Orissa
Reported in : [1972]86ITR408(Orissa)
..... and recommending any book as a text book or a handbook and to undertaken compilation and publication of such books;(d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or quesiton papers and of persons connected with an examination of the board;(e) to ..... filed under articles 226 and 227 of the constitution for issue of an appropriate writ for quashing the aforesaid notices and the proceeding under the income-tax act initiated against the petitioner.the sole question for consideration is whether the income of the petitioner is exempt from income-tax.the exemption is claimed under section ..... was relief of the poor and included the advancement of other purposes of general public utility within the meaning of section 4(3)(i). the special provision enabling the council of association to act as agency on behalf of the congress to receive self-spun yarn as subscription to the congress was a separate and .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT531; (2010)27VST551(Orissa)
..... jurisdiction of the sales tax officer, bhanjanagar- opposite party no. 1. during the assessment period 2005-06, the petitioner filed its return under value added tax act, 2004 (ovat act) & paid the admitted tax. thereafter the sales tax officer issued a notice in vat form 307 for assessment of tax on the allegation of 'escaped turnover' ..... goods of special importance) act, 1957. accordingly, the petitioner was taxed @ 4 % on the value of purchase of sugarcane & consequential demand was raised on that score.4. this writ petition was filed on 06.03.2007. notice in this case was issued on 13. ..... it was held that the 'sugarcane', which was used as 'industrial input' for sugar manufacturing was exrgjble to tax @ 4%, since sugar was exempted from taxation by entry- 70 in part-ii of the ovat act placing reliance on the explanation thereto since sugar was subject to levy of excise duty under the additional duties of excise ( .....
Tag this Judgment!Court : Orissa
Reported in : 1985CriLJ1971
..... appellant under section 477a i.p.c. was not established.11. before parting with the case i deem it appropriate to observe that the prevention of corruption act has made effective provisions for prevention and eradication of bribery and corruption. the appropriate authority must have to give sanction for prosecution after due application of mind ..... party and the witnesses arrived at the scene of the occurrence and demanded the sum of rs. 120/- from the appellant who produced the same, p.w. 4 was the inspector of vigilance at the relevant time and had taken an active part in laying the trap. he gave a vivid description as to the preparations ..... committed forgery of official records. accordingly he found that the appellant guilty of the charges framed, convicted him thereunder and imposed the sentence as already referred to above.4. the following facts are not disputed. the appellant was a public servant and was employed at the relevant time as the stenographer to the superintending engineer, p. .....
Tag this Judgment!Court : Orissa
Reported in : 1992(I)OLR525
..... of the proceedings having indicated about service of summons on the petitioner a presumption as to the correctness of the same attached under section 114 of the evidence act, and therefore the controller and the appellate authority committed an error in recording a finding that there had been no service of notice on the petitioner in the ..... no. 22 within cuttack municipality since 1976. opp. party no. 1 filed an application for eviction of the petitioner under section 7 of the orissa house rent control act on the ground of bona fide requirement and wilful default. the house rent controller passed an order of eviction ex pane on 13-12-1978. the petitioner had ..... illegality in not setting aside the ex parte order and in not restoring the house rent control proceeding. 4. we also find sufficient force in the submission of mr. mukherjee that under the provisions of the house rent control act, an appeal lies against the order of eviction on being communicated within thirty days from the date of .....
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