Court : Orissa
Decided on : May-08-1989
Reported in : AIR1990Ori64
..... void and inoperative document conferring no title on the defendant.14. the last point for consideration is whether the suit was barred by article 59 of the limitation act. article 59 is reproduced below for easy reference :--description of suit.period of limitation.time from which period begins to run.59. to cancel or set ..... . no undue influence or fraud was perpetrated on her. the deed is, therefore, a legally valid document. further, the suit was barred by article 59 of the limitation act.6. mr. s. s. basu, learned counsel appearing for the plaintiff-appellant, raised the following contentions :--(1) the deed of settlement (ext. a/5) was not ..... belonged to baidehi who enjoyed the same in lieu of maintenance and had acquired absolute rights according to the provisions of section 14(1) of the hindu succession act. taking advantage of the above finding, the defendant perpetrated undue influence on his own mother who was practically dependent living with him and got the deed of settlement .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-1989
Reported in : AIR1990Ori168
..... law after expiry of the said act. a contention similar to one raised before us was also raised that where there is no repeal and a temporary statute ceases to be operative by efflux ..... case of andhra pradesh state electricity board v. union of india, reported in air 1988 sc 1020, a contention was raised that the emergency risks (factories) insurance act, 1962, was itself a piece of temporary legislation which lapsed on 10-1-1963 and the proceedings initiated thereunder could not have been continued without any authority of ..... and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed.' the effect of the expression 'except with respect to things done, or omitted to be done' has been considered by several courts. the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-20-1989
Reported in : AIR1990Ori116
..... of the arbitrator. their lordships of the supreme court hold (at p. 97 of air) :'now an agreement for arbitration is the very foundation on which the jurisdiction of the aritrators to act rests, and where that is not in existence, at the time when they enter on their duties, the proceedings must be held to be ..... vacancy can be easily supplied and there is no reason think that the arbitration will be infractuous at all. if the particular officer sanctioning thecontracts refuses to act or is incapable ofdoing so by reason of his absence or otherwisethere are provisions in the indian arbitrationact for the appointment of another arbitratorin his place and ..... the subordinate judge for removal of the arbitrator and for appointment of fresh arbitrator, invoking the jurisdiction of the subordinate judge, bolangir under section 8 of the arbitration act. that application had been registered as title suit no. 5 of 1975 in the court of the subordinate judge, bolangir and later on was transferred to the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-17-1989
Reported in : AIR1989Ori173; 68(1989)CLT65
..... college although it was not a statutory body. a writ can be issued against a non-statutory body if it violates administrative or executivedirections or instructions and acts in violation of principles of natural justice. it has been held in that decision that public bodies, such as affiliated colleges placed as they are, ..... ) 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 which ..... see air 1975 sc 1329, air 1976 sc 888 and 1073.6. the moot question is whether a college admitted to the privileges of the university can act arbitrarily in the matter of admission/cancellation of admission.7. the prospectus conspicuously states : --'the orissa engineering college, the only private engineering college of the state .....
Tag this Judgment!Court : Orissa
Decided on : Sep-18-1989
Reported in : AIR1990Ori207
..... . accordingly, general provision in order 29, rule 2, c.p.c, shall be applicable. there is no secretary of a municipality. under the scheme of the act executive officer discharges the functions of a secretary. he is also the principal officer. accordingly, service of process on him is service of notice of the suit on ..... been provided in section 79, c.p.c.10. however, legislation requires that before any litigation is initiated against a municipal council as provided in section 349 of the act. it reads as follows :--'349. notice of action against municipal council. (1) no suit or other legal proceeding, shall be brought against any municipal council, the ..... the plaintiff. supply by the plaintiff was not intended to be gratuitous. accordingly, plaintiff is to be compensated as provided for under section 65 of the contract act. no other ground for nonenforceability of the contract has been made put in the written statement. balance price of the goods would be the adequate compensation in .....
Tag this Judgment!Court : Orissa
Decided on : Nov-07-1989
Reported in : [1990]78STC58(Orissa)
..... officer is available to be invoked where on the return admitted tax can be computed not to have been paid. the returns as filed do not indicate any foundation upon which hands could be laid by the sales tax officer to raise the demand. when we called upon the learned standing counsel with reference to the ..... admitted therein. he also observed that whether the return has been furnished correctly or otherwise can only be examined in course of assessment proceeding under section 12 of the act. he, therefore, annulled the penalty levied. his order has been annexed as annexure-18 to the writ application. in our view, the conclusions arrived at by ..... income-tax, orissa v. gangaram chapolia : [1976]103itr613(orissa) mens rea is not an essential ingredient for determining the question of legality of penalty imposed under the act. therefore, the orders imposing penalty as confirmed by the additional commissioner are in order. further, in view of the decision of this court in the case of orient .....
Tag this Judgment!Court : Orissa
Decided on : Jul-19-1989
Reported in : [1990]76STC447(Orissa)
..... distributing goods directly or otherwise, etc., while in explanation ii it is provided that the central government or a state government or any of their employees acting in official capacity on behalf of such government, who, whether or not in the course of business, purchases, sells, supplies or distributes goods, directly ..... a necessary attribute of sovereignty and in that sense it is a power of paramount character. but where the court is satisfied that the impugned act imposed unreasonable restrictions on the fundamental rights of the citizens, conferred unbridled power on the appropriate authorities, introduced unconstitutional discrimination and in consequence, amounted ..... effect their right to carry on avocation of choice by petitioner no. 2 and the constitutional right to property has been seriously affected. the impugned act which has been given retrospective effect is, as contended by the petitioners, confiscatory and exproprietary in nature and, therefore, violative of the mandate of .....
Tag this Judgment!Court : Orissa
Decided on : Aug-18-1989
Reported in : AIR1990Ori136
..... meantime because of expiry of the period provided for the appeal which is the stepping stone for a revision, the revenue officer may distribute the land. can his act be termed as irregular or illegal? in our view even though in law the statement does not attain finality till disposal of appeal or revision, yet in ..... in annexures 2, 3 and 4 are impugned in this writ application. 3. mr. ratho, learned counsel for the petitioner, vehemently urged that the authorities have acted with material irregularity and their orders suffer from several infirmities which vitiate them. even though several grounds of challenge were indicated in the writ application and were initially urged ..... that she is not a ceiling surplus landholder. 2. the factual backdrop of the case is as follows :-- a proceeding was initiated under section 42 of the act against one batai mohan. draft statement was prepared on the basis of information as obtained from the settlement authorities and the same was published on 29-7-1975. .....
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1989
Reported in : (1992)ILLJ397Ori
..... been no adherence to the principle of 'last come first go'?(v) are the writ petitions maintainable because of availability of efficacious statutory remedy under the act?point no. (i):9. the petitioner service associations are supposed to represent various categories of employees of the corporation, such as, the ministerial officers, ..... above. the resolution for retrenchment was also ratified by the state government. while making the retrenchment, the principle of applicability of section 25n of the act, it is stated that the corporation is not an 'industrial establishment'. there arc no factories inside the organisation, nor are the petitioners employees of ..... trucks, cars and jeeps are repaired, serviced and maintained in these factories. thus the corporation being an 'industrial establishment' as defined under section 25l of the act, without compliance with the mandatory provisions of section 25n(1) (a) and (b) thereof, because prior permission of the appropriate government was not obtained, .....
Tag this Judgment!Court : Orissa
Decided on : May-01-1989
Reported in : AIR1990Ori42
..... panigrahi is the managing director of m/s. premier industrial salts and chemicals (pvt.) limited (petitioner no. 2), a company incorporated under the indian companies act, 1956 (hereinafter referred to as the company') carrying on business in the manufacture and sale of sodium dichromate by establishing a plant at jagatpur in cuttack district ..... of operation of the state financial corporation and to meet the growing needs of industries to offer financial assistance to augment the resources sufficiently, the act has been amended to enable the corporation to transact new kindsi of business like guarantee loan raised by the industrial concern from scheduled banks and ..... only to get the highest price for the property but also to ensure fairness in the activities of the state and public authorities. they should undoubtedly act fairly. their actions should be legitimate, their dealings should be above board. their transactions should be without aversion or affection. nothing should be suggestive of .....
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