Court : Orissa
Reported in : 57(1984)CLT49; 1984CriLJ581
..... the ordinary vendor, who sells particular 'items to the consumer, the common link, which could provide the unity of purpose or design so as to weave their separate acts or omissions into one transaction, has to be their common intention that a particular article, found adulterated, should reach the consumer as food. ignorance of the fact of ..... the nomination of petitioner no. 2 by petitioner no. 1 is valid. the objection as to invalid nomination raised on behalf of the petitioners must accordingly be rejected.4. the next point urged by learned counsel for the petitioners is that the food inspector who filed the complaint before the court had not been duly authorised to ..... them in 2(c) cc case no. 24 of 1980 pending on the file of the learned chief judicial magistrate, berhampur. the two petitioners are accused nos. 4 and 5 respectively in the aforesaid proceeding.2. the facts of the case may be briefly noted. on 31-10-1979 the food inspector of berhampur municipality visited the .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT21(NULL)
..... exceed rupees six thousand and four hundred or an amount which the state government may, by notification from time to time, specify in that behalf.7. section 4 of the act provides for levy of assessment of land unauthorized occupied, which reads as under4. levy of assessment of land unauthorized occupied-any person unauthorized occupying any land which ..... and assessed rent on 13.1.2006. accordingly, the petitioner is estopped from praying for settlement of the government land in her favour under the provisions of the act. definition of 'landless person' as given in section 3(a-1) reads as follows:landless person' means a person, the total extent of whose land excluding ..... of adverse possession and the land in question is to be settled in her favour under section 8-a of the orissa prevention of land encroachment act, 1972 (for short 'the act'). the petitioner alleged that the opposite parties without adopting the procedure of law are trying to evict her and demolish her house in violation of .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT873
b.n. mahapatra, j.1. this appeal has been filed under section 82 of the employees' state insurance act,1948 (hereinafter referred to as the 'e.s.i. act') challenging the legality of the order dated 4.5.1996 passed by the district judge-cum-emptoyees insurance court, cuttack (hereinafter referred to as the 'e.i. court') in e.s.i. misc. case no. 2 of ..... 1994.2. the case of the appellant in a nutshell is that the appellant was working under the orissa textile mills, limited, choudwar, & was insured under the e.s.i. act having insurance no .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT105
..... may be prescribed or reject the request for any of the reasons specified in sections 8 & 9. as the information was not furnished within the time stipulated under the act, opposite party no. 2 made a complaint to the chief information commissioner on 6.7.2006 which was registered as complaint case no. 130 of 2006 & notice was ..... prevailing in orissa who forwarded the same on the same day to the office of the commissioner of commercial taxes, cuttack. section 7(1) of the right to information act, 2005 provides that subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the central public information ..... . he also did not appear in the case. even then the orissa information commission kept the complaint pending & decided the same punishing the pio.4. section 20(1) of the right to information act provides that where the central information commission or the state information commission, as the case may be, at the time of deciding any complaint or .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori37; (2008)218CTR(Ori)568; [2008]299ITR56(Orissa)
..... not in dispute that in the instant case the petitioner is a body corporate with perpetual succession and a common seal and is created by section 5 of the said act (orissa act 11 of 1955) and which has received the assent of the president on 15-10-1955. therefore, the proviso to section 10(23bba) does not apply to the ..... per the provisions of section 139 are:xxx xxx xxx(v) body or authority referred to in clause (23bba).section 139(4c) was inserted by the finance act, 2002 w.e.f. 1-4-2003 requiring certain specific body or institutions such as, scientific research association, news agency or institution referred to under various sub-clauses of section 10 to file i ..... . as such in order to properly organize its management and to formulate a scheme of running the affairs of the temple, the act of 1955 was enacted.4. the committee, i.e. the petitioner is a body corporate under the said act of 1955 and having a perpetual succession and a common seal, and can sue and be sued in its own name .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori24
..... landlord.2. the short fact of the petitioner's case is that he filed an application unclear sections 7(2)(1) and 7 (4) of the orissa house rent control act (hereinafter called as 'the o.m.r.c. act') for eviction of opp. parties 3 to 10 from the suit premises on the ground of wilful and habitual default in payment of ..... of the tenant from the premises in question also on the ground of bona fide requirement.3. opposite parties 1.2, 5 and 8, who arc present opposite parties 3. 4, 7 and 10 entered their appearance and contested the proceeding by filing a written statement and as the other opposite parties were set ex parte. the contesting opp.parties denied ..... january, 1983 till march 1983 which is beyond the statutory period inasmuch as in absence of any agreement to the contrary and in view of the merits of documents, ext. 4 scries and exts. a and c series the house rent control authorities should have held that the tenant is a wilful and habitual defaulter in payment of rent, there was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori40; 66(1988)CLT441
..... his personal occupation where he would carry on a business. for the view that i am taking, this ground is fully covered under the scheme of section 7(4) of the act, and, therefore, the landlord is entitled to an order of eviction. the subordinate authorities have therefore taken a correct view in the matter of directing the ..... bona fide by the court of fact, then, in my opinion, the 'necessity for personal occupation' would be covered within the frame work of section 7(4) of the act and demolition, even if the house is not in a dilapidated condition, can be permitted the essence of the matter is the requirement which is the sine qua ..... division bench with brother d. p. mohapatra, i had the occasion to consider a somewhat similar question as to whether the expression 'personal necessity' in section 7(4) of the act could be interpreted so widely as to include within its purview the desire of the landlord, bereft of any other circumstances, to reconstruct the building after demolishing the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori122
..... ; after the secretary of thenewly constituted managing committee regarding meeting of that committee. 2. the orissa education (amendment) act, 1991 (act 16 of 1991) referred hereinafter as 'the 1991 amendment act' 'amended sub-section (4) of section 7 of the act reducing the term of the managing committees to three years from five years and introduced sub-section (5). the provision ..... shall be in accordance with the rules that may be made under the act as amended by orissa act 15 of 1989. (3) the reconstitution is to be made within a period of one year from the date of commencement of the rules so framed, and (4) that the existing managing committee or the governing bodies shall deem to ..... continue in office on and from the date on which it is so reconstituted. admittedly the 1991 rules framed under orissa act 15 of 1989 concerned on 18-12-91 and the period .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori97
..... of such land on the date of publication of the noticeunder section 3, or as the case may be, the preliminary notification under sub-section (1) of section 4, land acquisition act, 1894, referred to under sub-section (2) of section 3 or on the first day of september, 1939 with an addition of fifty per cent, whichever is ..... not hit by the said provisions and therefore be deemed as transferable. there are five classes of tenants under the c. p. tenancy act: (i) absolute occupancy tenants; (ii) occupancy tenants; (iii) village-service tenants; (iv) sub-tenants; and (v) ordinary tenants. we are not to consider here the village service tenants and sub-tenants. the highest class ..... 2 of 1953 wherein learned subordinate judge of sambalpur by his judgment dated 29-4-1953 made a reference under section 113, civil p. c.7. now, therefore, the compensation is to be fixed on the principles laid down under section 23, land acquisition act (central act no. 1) of 1894, that is to say, according to the market .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori84a; 34(1968)CLT69
..... was to be finally measured and closed without penalty resulted in a complete rescission of the contract and thereafter the contract did not subsist (vii) section 9a of the act has application only to executory and not to executed contracts. (viii) if the contract was void and unenforceable, there was no ratification by the government to make it ..... 580 will have full application and the explanation would not enure to his benefit. from all the orders and letters, such as exs. 3(c). b, z-4. z-5, 4. c, 5, d and 18 etc., it would be clear that the department was always insisting that final measurement is to be done and the bills are to ..... the executive engineer was the proper authority representing the government for acceptance of the contracts under the rental housing scheme. even before the contract was accepted on 30-4-65, the petitioner started doing construction of the houses and was taking advances on running account under the interim k2 agreements.it is also admitted by the petitioner .....
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