Court : Orissa
Reported in : 42(1976)CLT292; 1976CriLJ1674
..... orders are passed by inferior courts or tribunals in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing grave miscarriage of justice.15. in its writ jurisdiction, the high court should not ordinarily interfere with ..... jurisdiction and therefore does not enter into the question of appreciation of evidence. certiorari is issued for correcting errors of jurisdiction, as when an inferior court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it. the high court will not review findings of fact reached by the inferior court or ..... the courts should seek, as a rule of prudence, for corroboration of the evidence of the approver which must tend to connect the accused with the crime charged.4. it is contended on behalf of the state that the order framing a charge being an interlocutory order the high court cannot, in exercise of its inherent .....
Tag this Judgment!Court : Orissa
Reported in : [1976]37STC574(Orissa)
..... machineries and other scrap materials by the assessee amounts to sale in the course of business so as to attract the provisions of the orissa sales tax act on the sale proceeds ?(4) whether, on the facts and in the circumstances of the case, the supply of cement and steel to the contractors for construction of the assessee ..... referred to as the 'act') in respect of the aforesaid transactions.3. the assessing officer repelled all the contentions and taxed the sale of foodgrains, the sale of empty drums, used g. i. sheets, unserviceable hosepipes, rejected parts of the machineries and other scrap materials. supplies of cement and steel were also taxed.4. the assessee appealed to ..... 's own building amounts to sale under the orissa sales tax act ?2. the assessee is a mine-owner carrying on mining operation in the district of keonjhar. .....
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ742
..... must be conducted with fa.i.r.ness and impartiality, such a& assessment committees, guardians committees, the court of referees constituted under the employment insurance acts to decide claims on the insurance funds, the benchers of the inns of court when considering the conduct of one of their members, the general medical council, when considering questions ..... in other words, it must exercise jurisdiction by reason of the sanction of the law, and not merely by reason of voluntary submission to such jurisdiction; and (iv) the judicial decision which must thus be rendered presupposes existence of a lis, that is to say. controversies between two or more parties involving: (a) presentation of ..... .1. this is an application for quashing proceedings of the certificate officer of boudh in certificate case no. iii-8/65 in which bv order dated 10-4-67 the said certificate officer has found | the petitioner to be liable to be committed under section 478 cr.pc for an offence under section 228 ipc. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2008)CLT120; 2009(I)OLR933
..... for being appointed as storage agent was made by the opposite party no. 5 on 18.11.2006, when the said criminal case was pending disposal. the guidelines under annexure-4 in clause-3 (vii) provides that anybody who has been charge-sheeted or convicted in last five years for any criminal offence under the i.p.c, or any other ..... made by the opposite party no. 5. it is, therefore, clear that the opposite party no. 5 was not eligible to make the application for being appointed as storage agent.4. though mr. das, learned counsel appearing for opposite party no. 5 draws the attention of the court to clause-15 of the o.p.d.s. (control) order, 2008 and .....
Tag this Judgment!Court : Orissa
Reported in : [2008(119)FLR755]
..... held that the claim for compensation in respect of death or injury, arising out of and in course of employment emanate from section 3(1), section 4(1) and section 4-a of the w.c. act. such entitlement to claim compensation gets crystallize the moment the event of injury happens. the corresponding liability of the employer to make good such claim ..... so, by whom it would be payable?5. whether the opp. parties are liable to pay interest and penalty as per sub-section 1 to 3 of section 4(a) of w.c. act of 1923?5. willi regard to issue no. 1 and 2, learned commissioner on consideration of the materials on record, including documentary and oral evidence adduced by ..... adjudication16. the aqestion came up for consideration before the supreme court in the case of national insurance co. ltd. v. mubasir amed and ors. : 2007 (112) flr 1033 (sc). the supreme court while referring to the prvisions of section 4-a(3) of the w. c. act, came to hold as under:xx xx xx the starting point is on completion of one .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori10; 42(1976)CLT1023
..... principle has no application. that is how the revision application with a connected matter is before us.3. sections 3, 6 and 8 of the suits valuation act which are material may now be extracted:--'3. (1) the state government may make rules for determining the value of land for purposes of jurisdiction in the suits ..... as a matter of construction, we must hold that the territories referred to in section 6 of the suits valuation act are the ex-madras areas transferred to the province of orissa, namely, ganjam and koraput districts.'4. mr. panda for the petitioners while not disputing the effect of the legal position with reference to the district of ..... ganjam contends that the position would be different with reference to the district of koraput and that, mainly on the ground, to the district of koraput, the madras civil courts act had no application. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori100
..... rent. a landlord cannot be allowed to do the same. this would throw to the winds the protection made available by a statute like, the orissa house rent control act, 1967.12. in view of the above, being satisfied that the additional material brought on record for the first time in this proceeding can be looked into and that ..... niranjan and dinesh as given in the affidavit filed by petitioner no. 3 on 19-3-1991 -- the affidavit of opposite party no. 1 having been filed on 5-4-1991.10. the entire emphasis of shri pal is that possession of the premises under occupation of niranjan and dinesh had been prayed for, not on the ground that the ..... case, therefore, leaves no manner of doubt that while exercising power under article 227 of the constitution, the high court exercises power which is akin to its revisional jurisdiction.4. the aforesaid nature of the power has been required to be highlighted, because the question is whether some new facts which find place in the present petition, which is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori187
..... monthsfrom such commencement or such furthertime as the government may specify in thisbehalf.' (emphasis ours) perusal of rule 33 shows that while repealing the 1983 rules it saves the acts, actions or orders passed under the repealed rules by declaring that they shall be deemed to have been done, taken or passed under the 1990 rules. as the ..... particular context. it was contended before the supreme court that dnce the power of changing or specifying the mandal headquarters is exercised as provided in section 4 of karnataka zilla parishads, taluk panchayat etc. act, 1983, it gets exhausted and at a latter stage, the same power cannot be invoked to change the headquarters. this argument was repelled by ..... the word 'deemed'. the court after noticing that the same word 'deemed' has been used by the legislature in section 5(1) and sections 3 and 4 of chapter ii of the central sales tax act was of the view that no legal fiction is created by the use of the word 'deemed' in section 5(3) of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori175; 1999(I)OLR608
..... order. since there is violation of the principle of natural justice, we are not inclined to relegate the petitioners to best alternative remedies available under the act.10. for the reasons aforesaid, the impugned order at annexure-2 cannot be sustained in law which is accordingly granted. the commissioner of endowments is directed ..... without any hereditary trustee.8. it is true that the additional assistant commissioner of endowments recommended for appointment of interim trustee under section 7 of the act on the basis that the institution is a public one having no hereditary trustee. the commissioner also in the impugned order has observed that the institution ..... and at present the 'seba puja' is being done by engaging 'pujaka' by the villagers. on 7-4-1998 the villagers filed a representation before the additional assistant commissioner of endowments alleging overt acts committed by the panda family with a further request to hold an inquiry and constitute anon-hereditary trustboard. on .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori140
..... raiyats of the disputed lands, under defendants 1 to 6 who were tanki baheldars (tenure-holders). the tenure vested in the state of orissa under the orissa estates abolition act in 1963. the plaintiffs are therefore occupancy raiyats under the state. despite this averment the plaintiffs however valued the suit on the footing that it was a suit between ..... value of the occupancy right and that of the entire proprietary right. in upendra chandra v. satcouri dhar, air 1914 cal 530 the aforesaid distinction has been pointed out.4. mr. mohanty's argument is however wholly academic in the facts and circumstances of this case. in paragraph 7 of the plaint it was admitted that defendants i to ..... market value of the disputed lands would be about rs. 30,000, and the munsif's court, puri having jurisdiction to try suits upto the value of rs. 4,000 had no jurisdiction to try the suit. the learned munsif determined the question of valuation as a preliminary issue and held that the market value of the lands .....
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