Court : Orissa
Reported in : 78(1994)CLT36
..... the surface right. in support of such stand, reliance in placed on the provisions of section 21(5) of the mines and minerals (regulation and development) act, 1957 (for short the act) and schedule i of the orissa minor mineral concession rules, 1990.6. it was admitted at the hearing that for the two railway projects some ..... the state government is entitled to recover from the railways the excavated materials or the price thereof, they being minerals within the meaning of the act and railways do hot possess lawful authority to raise the same and utilise in their construction work. in the facts of the case, we are not called upon to decide this ..... materials the tahasildars, koraput, rayagada and patangi initiated proceedings for realisation of royalty and cess from the railways and its contractors. they and the higher revenue authorities have held that the railways are liable to pay royalty and cess in respect of above materials recovered from the land whose possession had been handed over to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori46
..... owner is not taken away.'in the said case, examining the constitutionality of certain provisions of maharashtrahousing and area development act, 1976their lordships held that sub-sections (3) &(4) of section 44 of the said act are unreasonableand discriminatory and therefore, ultra viresarticle 14 of the constitution. they also heldthat the impugned provisions of ..... assumed to be a 'property' can now be legitimately taken away by sections 28-b and 28-c, as they have been so deprived by authority of law. according to the argument advanced by the learned additional government advocate there is no constitutional obligation to pay compensation.23. the learned additional ..... aspects, namely : (1) if the rights/privileges/ perquisites of the khuntias and mekaps constituted 'property', and; (ii) if the state government has the authority in law to deprive these sevaks of such right to property. the learned counsel for the petitioners has referred to a decision of the supreme court reported in .....
Tag this Judgment!Court : Orissa
Reported in : [1993]201ITR550(Orissa)
..... under section 45. the assessing officer found that the gross compensation received was rs. 7,86,888. the cost of land including the cost of registration, subsequent development and expenditure incurred for the transfer were calculated at rs. 1,60,972. the assessee had purchased a plot of land for rs. 85,000 for being used ..... officer.4. the matter was carried in appeal before the appellate assistant commissioner of income-tax, berhampur range, berhampur. the stand of the assessee before the appellate authority was that the capital gain on transfer of agricultural land arises either when such land is situated within the municipal limits, or when the land is declared as ..... of 'capital asset' in clause (14) of section 2. the change, as indicated above, was introduced with effect from april 1, 1970. section 45 of the act prescribes levy of capital gains tax. section 47 sets out certain transactions which shall not be regarded as transfer. agricultural land not falling within items (a) and (b) .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT882; 1992(I)OLR530
..... , it appears therefrom that in certain representations a plea was taken for fixing the minimum rate of wages zonewise according to proposed conditions, stage of development and employmentwise. inasmuch as no other record was produced to show that the representations had been separately considered by the government and all that, to ..... of the constitution of india and mere irregularities should not vitiate the proceedings of the advisory board or committee, those being recommendatory bodies, the final authority being the government. the challenge on the ground of infraction of rules should be based upon substantial grounds. fixation of minimum rates of wages is ..... the supreme court in khetriya's case (supra) observed. '...having regard to the diversity of conditions prevailing and the number of industries covered by the act the legislature could obviously not fix uniform minimum rates of wages for all scheduled industries, or for all localities in respect of individual, industries. working out .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori262; 68(1989)CLT606
..... property within the grama of the nature hereinafter in this section specified, other than property maintained by any other local authority or the central or state government, shall for the purposes of this act, vest in the grama sasan and shall, with all other properties of whatever nature or kind which may become ..... instruction of chief minister, revenue minister and submission of sri raghab parida, member of legislative assembly, additional district magistrate (development) of ganjam called for the file from grama panchayat section and development section. he observed that grama panchayat does not release water during dry spells for which tahasildar and irrigation s.d. ..... 166 of the constitution and properties of grama panchayat are governed under the act and rules made thereunder. collector also did not pass order to revoke the transfer. he directed appropriate action to be taken. additional district magistrate (development) has misread the order which gave cause of action to the grama .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... either the extraction of the mineral or on the mineral right.......'their lordships held that the central act of 1957 did not denude the state legislature of its power to impose cess.in western coalfields ltd. v. special area development authority, korba, air 1982 sc 697, the controversy was whether property tax could be imposed on ..... the lands and buildings which were used for the purpose of mining operations and were covered by coal mines. it was urged therein that when by virtue of the declaration in section 2 of the central act of ..... 3. the petitioners hold mining leases granted by the state of orissa under the provisions of the mines and minerals (regulation and development) act of 1987 (central act 67 of 1957) (hereinafter called 'the central act of 1957') read with the mineral concession rules, 1960 and are carrying on mining operations.4. mr. govind das, the learned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori40
..... order of the collector of mayurbhanj as per annexure 2 is under challenge in this writ petition.2. the petitioner is the gudiala-bandha grama sasan in badasahi community development block of the sada subdivision within the district of mayurbhanj. opposite party no. 2 is the lakhanasahi grama sasan within khunta no. 1 community ..... pure administrative decision lies in the mode or manner in which the opinion on the basis of which the act is done by the authority in exercise of its discretion is formed. the decision would be quasi-judicial of in reaching that decision the authority is required first to ascertain certain facts by means of evidence and is then free to take such ..... development block of udala subdivision within the district of mayurbhanj. the petitioner's case is that there has been a cattle market from many years past running in the village .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori85
..... way of special or general order of state government and sums contributed to the gram fund by any district board or other local authority.consequent upon establishment of gram panchayats and community development blocks in the state it was felt necessary by the state government to set up an organisation at the district level integrated with ..... by section 8 the executive power of a gram panchayat for the purpose of carrying out the provisions at this act is to be exercised by the sar-panch elected under section 10 who shall act under the authority of the gram panchayat. the office of the sarpanch is honorary and section 17 vests the sarpanch with the ..... orissa for execution of works undertaken by the latter. though those certificate cases did not relate to any contract or contracts as envisaged under section 9a of the act, nevertheless, the returning officer held the petitioner to be disqualified under the said section and rejected his nomination papers.3. records of two certificate cases were .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori56; 23(1957)CLT67
..... act (other than the provisions dealing with reduction of produce rent -- section 3 (1) (b) and (c) the following five classes of land:(i) communal lands or pasture lands. (ii) lands reserved by the state government for non-agricultural or industrial development. (iii) lands recorded or demarcated as belonging to government or any local authority ..... used or held for the purposes of the army, navy or air force, or for any public work. (iv) lands held under a temporary lease granted by government. (v) lands held on a temporary lease under a grama sabha under the orissa grama punchayets act ..... housing board from the operation of the bombay rents, hotel and lodging house rates control act 1947.section 4 of that act exempted from the operation of the act any premises belonging to the government or a local authority and further provided that it would not apply as against the government to any tenancy or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori33
..... rejected. 2. early in 1952, the petitioner was working as a temporary grade ii upper division assistant in the development department. on 24-7-1952, the secretary of that department (sri. b.s. mohanty) framed three specific charges against the petitioner of insubordination, misbehaviour etc., ..... the constitution by a ministerial officer of the orissa secretariat against an order of dismissal from service passed by sri b.s. mohanty, secretary to the government, development department by his order no. 17886/d. dated 24-10-1952. the petitioner submitted a memorial to the governor against the order of dismissal; but it was ..... penalties is clearly maintained. sub-sections (2) and (3) of section 240, government of india act, 1935 are as follows: 'sub-section (2) -- no such person as aforesaid shall be dismissed from the service of his majesty by any authority subordinate to that by which he was appointed. sub-section (3) -- no such person as .....
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