Court : Orissa
Decided on : May-15-1992
Reported in : 1993(I)OLR153
..... grant lease to intermediaries who had failed within the stipulated time to lodge claims under' section 7 is not an authority functioning under the o.e.a. act but is an authority functioning under the lease principles only. thus the exception being not applicable, the settlement is not beyond the scrutiny of the consolidation authorities ..... or authority empowered under this act is competent to decide.sub-section (2) bars the jurisdiction of the 'civil court to entertain any suit or proceeding regarding any matter which an officer or ..... coming within the jurisdiction of revenue courts or authorities under any local law for the time being in force, shall be decided under the provisions of this act by the appropriate authority during the consolidation operations; and(2) no civil court shall entertain any suit of proceedings in respect of any matter which an officer .....
Tag this Judgment!Court : Orissa
Decided on : Oct-01-1992
Reported in : (1993)115CTR(Ori)419; [1993]203ITR34(Orissa)
..... head 'salary' to the extent mentioned therein is exempt from income-tax. according to dr. pal, the buyer made an application under section 10(6) of the act seeking approval of the government of india and, pursuant to such application, the government of india in the ministry of industries, department of chemicals and petro-chemicals, approved ..... can be held to be 'salary' and, therefore, rightly the said contention of the petitioner has been negatived by the income-tax officer.5. under the income-tax act, section 14 indicates different heads of income and one such head of income is 'salary'. section 15 enumerates income which is chargeable to income-tax under the head ..... of income by way of 'fees for technical services'.'2. the brief facts are that the petitioner is a public limited company within the meaning of the companies act, 1956. it is engaged in the manufacture of polyester staple fibre at its plant at laxminagar, boulpur, in the district of dhenkanal. the petitioner-company entered .....
Tag this Judgment!Court : Orissa
Decided on : Feb-04-1992
Reported in : (1993)ILLJ677Ori
..... india, air 1985 sc 488, in which the question for determination was as to which is the 'appropriate government' for implementation of the provisions of the aforesaid act. the apex court opined that it was the state government. pursuant to this decision, the matter was examined by the government of orissa and it was satisfied that ..... division bench of this court held that the question of prohibition of contract labour which has been dealt with by section 10 of the aforesaid act cannot be, agitated under the industrial disputes act. in taking this view, reliance was placed on begoils private limited v. worhnen air 1972 sc 1942, in which case the legality of ..... to be abolished is to be decided in accordance with the provisions of the contract labour (regulation and abolition) act, 1970; and the same cannot be the subject-matter of reference under the provisions of the industrial disputes act, 1947. to support his submission, shri ratho first refers to food corporation of india workers union v. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-10-1992
Reported in : 1993(I)OLR105
..... director of consolidation and a deputy director of consolidation appointed by the state government to discharge any of the functions of the directors under the act and its rules.''21. confirmation of provisional consolidation scheme. (1) the director of consolidation shall confirm the provisional consolidation scheme after the disposal of ..... all objections and appeals relating to the unit with necessary modifications is to be confirmed by the director. such confirmation except as otherwise provided under the act is final. under clause (1) of section 2, by the inclusive definition, 'director of consolidation' encompasses a deputy director of consolidation appointed by ..... in respect of authorities subordinate to him. the provisions relating to appeal and revision are contained in sections 12, 20 and 36 of the act respectively. under section 12, the director of consolidation has power to deal with appeals against orders of assistant consolidation officer and consolidation officer passed under .....
Tag this Judgment!Court : Orissa
Decided on : Sep-15-1992
Reported in : 1993CriLJ442; 1992(II)OLR395
..... section 482 of the code' is not affected in any manner.19. in our system of judicial administration, precedent enunciate rules of saw and from the foundation of administration of justice. it has been held time and again that a single judge of a high court is ordinarily bound to accept as correct ..... objects and intention, the drastic provisions made to tackle the menace and the safeguards provided by the very statute against unmerited or mala fide prosecutions:'the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have ..... attentively to what legislature does not. say. when construing statutes enacted in the national interest, we nave necessarily to take broad factual situations contemplated by the act and interpret its provision so as to advance and not to thwart the particular national interest whose advancement is proposed by the legislation. (see life insurance .....
Tag this Judgment!Court : Orissa
Decided on : Sep-07-1992
Reported in : 1993(II)OLR557
..... societies in the state of madras. the court further observed that the objectives are clear and the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights and liabilities of members, duties of registered societies, privileges of registered societies, property and funds of registered societies, inquiry ..... reported in air 193 6 sc 1323, the court upheld the constitutional validity of section 15(1) of the mines and minerals (regulation and development) act '(67 of 1957), which vested rule-making power in the state. the court accepted the position that determination of constitutionality of statute and interpretation of legislative ..... for expeditious disposal of the case. for this it was not necessary to take drastic measure of exempting the society from certain provisions of the act and modifying section 31 in the manner aforesaid,11. on careful consideration of the entire matter our conclusion, is that the impugned orders are unsupportable .....
Tag this Judgment!Court : Orissa
Decided on : Aug-18-1992
Reported in : 1993CriLJ2374; 1993(I)OLR37
..... trial judge found the accused guilty and convicted and sentenced him as aforesaid.5. learned counsel for the appellant, urged that the so-called extrajudicial confession cannot be acted upon on various grounds firstly, the so-called confession before pw 2, the grama rakhi is inadmissible in law and secondly, the so-called confession was made ..... the three following articles, confession secured by inducement, made upon oath, made under a promise of secrecy. the definition is not contained in the evidence act, 1872; and in that act it would not be consistent with the natural use of language to construe confession as a statement by an accused 'suggesting the inference that he committed' ..... be presumed to have been obtained under the circumstances mentioned in section 24 and therefore inadmissible, except so far as is provided by section 27 of the act.section 26 makes admissible a confession by a person made in the immediate presence of magistrate while in the custody of the polioe. it may be to .....
Tag this Judgment!Court : Orissa
Decided on : Jan-23-1992
Reported in : 1992(I)OLR246
..... has been given the power to examine the legal propriety or correctness of action of a subordinate authority. the application filed by an aggrieved party may be the foundation or the information on the basis of which the commissioner may decide to exercise power under section 37. that is how the petition filed is relevant to a ..... 37 would have no effect while making alteration or modification in terms of section 22 (4). 7. section 41 (2) excludes proceedings pending under the provisions of the act on the date of issue of the notification under sub-section (1). the expression 'proceedings pending' creates some amount of confusion. we may take an illustrative case. ..... to be used in a routine manner and unless dispute was subject-matter of a proceeding before the subordinate authority, and illegalities and irregularities are committed therein, question of acting under section 37 does not arise. 4. sections 37 and 41 so far as they are relevant read as follows :'37. power to call for records : (1 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-31-1992
Reported in : AIR1993Ori40
..... question but since he has executed a work of permanent character and incurred expenses in the execution, the licence becomes irrevocable under section 60(b) of the easement act and, therefore, the impugned orders are liable to be set aside by this court. mr. pal appearing for the railway administration, on the other hand, ..... any pucca structure.(v) the relationship between the petitioner and the railways is only a licensee and licensor and the provisions of the orissa house rent control act have no application.(vi) the notice terminating the licence dated 2-3-1980 not having been denied, the petitioner became unauthorised occupant of the railway premises after ..... the same. therefore the petitioner has approached this court by filing the two writ applications.3. pursuant to the notice issued by the estates officer under the act, the petitioner filed his written statement taking the stand that he is not in unauthorised occupation and, on the other hand, the premises had beenleased out to .....
Tag this Judgment!Court : Orissa
Decided on : Nov-25-1992
Reported in : AIR1993Ori238
..... inheres in the section making it violative of article 14. according to the learned counsel for the opposite parties, however, there are enough provisions in the act to guide the authorities, as accepted by different' high courts before whom the validity of section 29 was challenged without success. we propose to note those decisions ..... of india, air 1971 sc 474, in which, while meeting the challenge to the vires of some control orders issued under the provisions of the essential commodities act, 1955 on the ground of the same having imposed unreasonable restriction -- insupport of which one of the arguments advanced was that no appeal or revision was ..... independent powers, which would be apparent, according to the learned counsel, from the use of the words 'without prejudice to the provisions of section 29 of the act', contained in section 31. learned counsel then contends that though the precondition for exercise of power under both the sections is 'default' of the industrial concern, .....
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