Court : Orissa
Decided on : Nov-15-1988
Reported in : AIR1989Ori125
..... students who may have been the petitioners are bound to suffer, but that cannot be helped.6. according to section 21 of the orissa higher secondary education act, 1982 (orissa act 19 of 1982), the council shall have committees, one of which is the examination committee. according to section 30, the council may also frame regulations inter ..... students have suffered. this is a matter to be pondered over by the students as a whole so that they will desist from taking recourse to unfair means, act with discipline and keep up the sanctity of the examinations, for which they themselves will be the gainers and prosper in their lives. we depart from the case ..... in air 1987 all 208, rajiv ratna shukla v. university of allahabad, a division bench held : -''mass copying has not been defined in the act or the statutes framed under the university act. it has, therefore, to be understood in its common parlance. what could be considered mass copying cannot be laid down with mathematical precision. it has .....
Tag this Judgment!Court : Orissa
Decided on : Aug-12-1988
Reported in : AIR1989Ori31; 67(1989)CLT5; [1989]66CompCas534(Orissa)
..... 1980) 4 scc 109 cited by the learned additional government advocate in support of his contention that for co-operative societies registered under the co-operative societies act, the supervisory powers given to the registrar and the executive powers given to the secretary etc. have a single object in view, namely, the better ..... vasandi v. union of india, air 1988 sc 469 where the status of the institute of constitutional and parliamentary studies (icps) registered under the societies registration act, 1860 fell for consideration. it was held that it was not covered under article 12 of the constitution. the following observation may be usefully quoted : ..... to examine as to whether the society which had established the regional engineering college, srinagar and which was registered under the jammu and kashmir registration of societies act, 1898, was an instrumentality or agency of the state and would be comprehended in the expression 'other authority' in article 12. the court considered various .....
Tag this Judgment!Court : Orissa
Decided on : Aug-09-1988
Reported in : AIR1989Ori76; 66(1988)CLT515; [1989]74STC296(Orissa)
..... observations made in this decision, however, may be usefully noticed, it was observed in para 19 that : --'....the word 'consumption' in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. but in some legal contexts, the ..... cinema hall.the petitioner disputed the demand on the ground that bringing films on hire for exhibition only did not attract the mischief of the aforesaid provision of the act, but having failed to convince the municipal authorities has filed the present writ application.3. section 131 authorises the municipal council to impose various taxes, and clause ..... from distributors for exhibition in his hall. the dhenkanal municipality having been authorised to levy octroi under section 131 (1)(kk) of the orissa municipal act, 1950 (for short, 'the act') issued a notice (annexure 1) to the petitioner requiring him to pay octroi duty at the rate of 3 per cent for user of films .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1988
Reported in : AIR1989Ori70; 66(1988)CLT361
..... to produce the orders of vesting of such sairats in the grama panchayat. no such specific order of vesting could be produced before us. under the grama panchayat act, tahasildar is not competent to transfer sairats to the block development officer on behalf of any grama panchayat. accordingly, we are inclined to agree with mr. ..... since co-operative society is a legal entity and its rights and liabilities would depend upon the object with which it is registered under the orissa cooperative societies act, the title of the individuals or group of persons who are not members of the society cannot be affected.6. whether the keutas of the villages have ..... the subject matter of these two writ applications.2. fishery sairat sources in question belonged to kujanga estate which vested in the state of orissa under the orissa estates abolition act, 1951 in the year 1952. thereafter, those were being administered by the kujanga tahasil till the bifurcation in the year 1959 i.e., (i) kujangatahasil, and .....
Tag this Judgment!Court : Orissa
Decided on : May-09-1988
Reported in : AIR1989Ori120
..... applies with full force even to administrative actions of the state which strictly speaking do not give rise to contractual obligations between the parties and that if a citizen has acted upon an administrative assurance to his disadvantage, the state can be pinned down to its promise. all the medical colleges of the state are state-owned and admission in, them ..... annexure-3 had been complied with by the petitioner. even further, basing on the representation made by the authorities intimating that he had been selected for admission, the petitioner had acted to his gross detriment resigning from government service only in order to join the r.h.s. course. thus refusal of admission to the petitioner on a ground which was .....
Tag this Judgment!Court : Orissa
Decided on : May-04-1988
Reported in : AIR1989Ori109; 66(1988)CLT155; (1990)IILLJ186Ori
..... for consideration was whether the municipal commissioner being the competent authority to suspend the employee pending departmental inquiry under section 59(3) of the city of nagpur corporation act (2 of 1950), the high court was justified in quashing the order of suspension on the ground that only the corporation can pass the oder and not the ..... and the disciplinary authority did not violate any rule of law in the departmental proceeding when he chose to ignore the finding of the criminal court and decided to act on the evidence led before him. in fact, the observations of the supreme court incorpn. of the city of nagpur case air 1984 sc 626 : (1984 lab ..... -5-1982, the regional manager of thebank served notice on the petitioner 10 snow cause as to why disciplinary action shouldnot be taken against the petitioner for the acts of gross misconduct committed by the petitioner while he was working as a cashier at berhampur branch. the said notice that was served on the petitioner has been .....
Tag this Judgment!Court : Orissa
Decided on : Apr-05-1988
Reported in : [1989]66CompCas188(Orissa)
..... cas 91 (sc), indicated that the principles of the 'just and equitable' clause occurring in section 433 of the companies act baffle a precise definition. it must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. these are necessarily equitable ..... ltd. v. raghunath prasad jhunjhunwalla [1976] 46 comp cas 91, indicated the principles of the 'just and equitable' clause occurring in section 433 of the companies act with specific reference to clause (f) thereof. their lordships of the supreme court in hind overseas private ltd, v. raghnnath prasad jhunjhunwalla. [1976] 46 comp ..... been made are as follows:(a) that the above named company was originally a partnership firm prior to its conversion and incorporation as a company under the indian companies act, 1956. the partnership consisted of seven partners, namely, 1. ramakrishna sharma, 2. smt. durgadevi sharma, 3. srikrishna sharma, 4. sachikanta routray, 5. gadadhar .....
Tag this Judgment!Court : Orissa
Decided on : Mar-07-1988
Reported in : 65(1988)CLT729; 1988(18)ECC299; 1988(36)ELT584(Ori)
..... that the transactions between the witnesses claiming themselves to be certified goldsmiths and the accused, even if accepted, were not done in the manner prescribed under the act and the rules. it is surprising that the witnesses who did not have any previous transaction with accused pravakar rao would entrust to him substantial quantities of ..... for the reasons stated therein, it is clear that the trial court rightly convicted the accused persons of the charge under section 85(1)(ii) of the act and sentenced them thereunder. the lower appellate court was clearly in error in reversing the said decision and acquitting the accused persons. accordingly, the appeal is allowed ..... , cuttack, acquitting the respondents is set aside and the judgment of the learned chief judicial magistrate, cuttack, convicting them under section 85(1)(ii) of the act and sentencing each of them to undergo rigorous imprisonment for two years and to pay a fine of rs. 3,000, in default, to undergo rigorous imprisonment .....
Tag this Judgment!Court : Orissa
Decided on : Mar-01-1988
Reported in : [1988]173ITR336(Orissa)
..... for the sradha ceremony. they perform pujas before deities. thus, the priests are trained and skilled in the art of performing these vedic rites.6. since the persons acting as priests acquire a right to earn income by carrying on such profession only because of their birth in a particular family, it was held by the appellate assistant ..... as sankarpur and some houses in pandara street were allotted to be the jajamans of the assessee family and the male members of the assessee family were performing the acts of a priest in respect of those households.4. before the assessing authorities, the assessee claimed that the receipts from the jajamani are the personal income of the ..... are disposed of by this common judgment.3. priesthood is a hereditary source of earning of the members of the family since the time of ancestors. the male members act as priests for various families known as ' purohits ' and are remunerated for the same. in the year 1935, there was a partition among the members of the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-29-1988
Reported in : AIR1989Ori60
..... in some unique manner, that by itself would not convert it into a public trust unless the necessary ingredients are satisfied. as has been noticed above, no such foundation has been laid and the terms of the deed rather establish the contrary. also no accounts have been produced of the income and expenditure of the land and ..... an exceptional case.whatever may be the law obtaining so far as english charities are concerned, yet considering the definition of 'charitable purpose' in the indian income-tax act, 1961 (act xliii of 1961) it must be said that a charitable cause in india is understood in a wide sense. the definition may be extracted :'section 2(15). ..... articles 226 and 227 of the constitution of india seek quashing of the orders passed by the tribunal constituted under section 57-a of the orissa land reforms act, 1960 (act 16 of 1960) declaring the kanika museum and the rajendranarayan botanical garden, the opposite party no. 1 respectively in each of the cases, as charitable trusts .....
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