Court : Orissa
Reported in : [1975]35STC232(Orissa)
..... levied if the two conditions indicated therein (to which reference would be made later) are satisfied. the petitioner relying on the said notification claimed exemption from tax under the central act. the assessing officer, however, did not agree with the petitioner's contention and levied central sales tax. while doing so, the assessing officer had disbelieved the books of account ..... act envisages levy of only one set of tax in respect of declared goods. section 15(a) of the central ..... of the orissa sales tax act, 1947, from the dealer or such tax has not been refunded to him.the sales tax officer relying upon a decision of the andhra pradesh high court in rafeeq ahmed & co. v. state of andhra pradesh [1960] 24 s.t.c. 430 did not attach full importance to the notification.4. the scheme under the central .....
Tag this Judgment!Court : Orissa
Reported in : I(2001)ACC67; 2001ACJ886; 90(2000)CLT273
..... the roof-top of the vehicle in contravention of the statutory provisions contained in section 123 of the motor vehicles act and as such the insurance company should not be made liable.6. section 123 of the motor vehicles act is extracted hereunder:123. riding on running board, etc.- (1) no person driving or in charge of ..... , he died in s.c.b. medical college & hospital, cuttack.3. the owner did not contest the proceeding. the insurer filed written statement denying in general, the allegations made in the claim application.4. the tribunal found that the accident occurred due to negligence of the driver of the bus and accordingly, directed that the amount ..... filed this appeal under section 173 of the motor vehicles act, 1988, challenging the award passed by the 3rd motor accidents claims tribunal, puri, directing the insurer to pay compensation of rs. 1,74,600 with 12 per cent interest to the claimant-respondent nos. 1 to 4.2. the claimants-respondents are the legal representatives of deceased .....
Tag this Judgment!Court : Orissa
Reported in : I(1999)ACC109; 2000ACJ1550; 86(1998)CLT735
..... of such accident, the claimant sustained injuries. claim application was filed claiming rs. 50,000 as compensation.the appellant did not contest the case and was set ex parte. the insurance company (present respondent no. 2) filed the written statement disowning the liability and denying the allegations made in the claim petition.3. the claims tribunal on consideration of the evidence ..... date of application, as the materials on record were not sufficient to hold that the vehicle in question had been insured with the insurance company, the present respondent no. 2. such award is being challenged by the owner in the present appeal.4. in the present appeal, it was first contended that as the notice in the case was served on the father ..... p.k. misra, j. 1. in this appeal under section 173 of the motor vehicles act, the owner has challenged the award passed by the claims tribunal awarding a sum of rs. 12,000 in favour of the claimant-respondent no. 1.2. it is claimed .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT266
..... contribution for the above period for similar employees & payment of employees' deposit linked insurance administrative charges for the same period for such employees, for which it has become ..... fund or old age pension. thus, in such circumstances, the petitioner cannot claim the benefits of section 16(1) (c) of the act, 1952. the further plea taken in the counter affidavit is that the proceeding pursuant to the impugned notice is pending & during pendency of ..... act, 1952 apply, there is default in payment of (i) provident fund contributions for the period from january, 1990 to december, 1995 for the contractors' employees, (ii) payment of family pension contributions for the above period for such contractors' employees, (iii) payment of administrative charges for the same period for such type of employees, (iv) payment of employees' deposit linked insurance .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT351
..... on 10.01.1989.13. even though it is the case of opposite party no. 2/respondent that the vehicle in question was not insured, the same finds place at si.no. 3 in the seizure list (ext.4). the policy number in respect of the vehicle has been clearly mentioned therein and it has not been challenged nor controverted by the ..... insurance company by way of adducing any oral or documentary evidence. it is not the case of opposite party no. 2 that the driver of the ..... were caused on 10.01.1989 due to rash and negligent driving of the driver of the offending truck bearing registration no. orb 5383 and the vehicle was validly insured with the insurance company as well as the driver of the offending vehicle was having a valid driving license at the time of the accident.keeping in view the facts and circumstances .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori112; 91(2001)CLT113
..... suit landended in a compromise, the puri municipality relinquished itsright over the land and the same was settled favour of thedistrict athletic association. in 1996, the collector, puriwhile acting as the chairman-in-charge of the puri municipality,evicted such unauthorised persons who had constructed sheds bythe side of the main road encroaching a portion of the suit land ..... not choose to contest the said notice, on 17-1-1998 order of eviction was passed by the tahasildar under section 7(1) of the o.p.l.e. act and such order was served on the encroachers. on 23-8-1998 the r. j. submitted a report stating that he failed to evict the encroachers and prayed ..... title by adverse possession over the suit land, the defendants have got no right to evict them by force and have otherwise lost their right to evict the plaintiffs.4. the defendants entered appearance in the suit and bave filed their written statement denying the averments made in the plaint and have averred that the suit is not .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori29; 1967CriLJ235
..... and no licence was necessary for storage of paddy and rice for sale on a single occasion. to appreciate this contention, the relevant law on the point may be examined.4. clause 2 (a) of the order defines 'dealer' as :'dealer' means a person engaged in the business of purchase, sale or storage for the sale of any one of the ..... misra, j.1. the petitioner has been convicted under section 7 of the essential commodities act (10 of 1905), hereinafter referred to as the act, read with clause 2 of the orissa food grains dealers licencing order 1964 (which came into force on 10-12-64, that is, the very day of occurrence) hereinafter referred .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori164
..... before the lorry crossed orissa border the petitioner might have changed his mind and thrown away the rice somewhere in orissa will not i think suffice to indicate that the act complained of was still in a preparatory stage and had not ripened to an attempt. i am, therefore, satisfied that the petitioner was rightly convicted and the sentence wag ..... an accomplice to depose as a witness is beyond question and the mere fact that he was convicted for that offence does not in any way detract from his competence.4. the sole point for consideration is whether there is adequate corroboration of the evidence of the driver (p. w. 7). in my opinion the facts and circumstances established by ..... ordernarasimham, j.1. this petition is against the conviction of the petitioner under section 7 of the essential supplies (temporary powers) act, 1946 (act. xxiv (24) of 1946) for contravention of clause vii (i) of the orissa food-grains control order, 1947 and the sentence of fine of rs. 250/-passed by the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT404
..... out of which atleast one-third has been acquired provided therein no person belonging the family already in employment on the date of notification under section 4(1) of land acquisition act.7. from the counter affidavit of opposite party no. 5, it further reveals that the petitioner's father had already been paid necessary compensation ..... unmarried children but does not include a major son who has been separated from the family on or before the date of notification under section 4(1) of the land acquisition act, 1895 in respect of area/village. he shall be treated as separate family.andthe employment benefit or compensation of rs. 50,0007- in ..... acquired for construction of ttps in talcher.5. opposite party no. 5, grid corporation of orissa limited, which came into existence after commencement of orissa electricity reforms act, 1995 in place of erstwhile orissa state electricity board (for short 'oseb), have filed a separate counter affidavit stating therein that the petitioner's father had .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR612
..... parties, who were villagers of the nearby villages were trying to constitute a non-hereditary trust board under section 27 of the orissa hindu religious endowments act for the management of the suit institution and as the said action would be prejudicial to the rights and interest of the petitioners, they filed the ..... a public religious endowment, and the institution was managed by the villagers. the opposite parties also strongly repudiated all the averments made in the original application.4. the asst. commissioner in the light of the pleadings framed five issues. in order to substantiate their case the petitioners examined three witnesses and exhibited twenty ..... the petition reveal that the members of the interim trust board constituted by the commissioner of endowments under section 7 of the orissa hindu religious endowments act were only impleaded as parties to the original application. the notice issued under order 1 rule 8 of the civil procedure code and published in the daily .....
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