Court : Orissa
Reported in : 1993(II)OLR178
..... it is his submission that an assistant sub-inspector of police not authorised under the provisions of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') to effect arrest, conduct search or make seizure if does perform these acts and lodges the first information report at the police station basing on which a case is registered investigated by the officer-in-charge, and charge sheet is submitted, the cognizance taken by the sub-divisional ..... the king) the question had arisen for consideration before the supreme court on the plea advanced in a case under the prevention of corruption act (act 2 of 1947) that the investigation having not been conducted by a deputy superintendent of police but by officers of lower rank, the proceedings before the special judge were liable to ..... a case was registered in the police station on the basis of the report and the officer-in-charge, who is authorised under the act to do so carried on the investigation, recorded the statements of the seizure witnesses under section 161 of the code of criminal procedure, 1978 and on completion o1 the investigation, submitted the ..... learned sub-divisional judicial magistrate took cognizance on the basis of the charge-sheet under section 20 of the act and submitted the file to the sessions judge who framed charge against the petitioner under that section on 24-9- ..... decisions cited by the learned counsel for the petitioner may be noticed :air 1962 sc 63 (delhi administration v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... ali's case in in re the special courts bill, 1978, air 1979 sc 478, in which the advice of the supreme court was sought on the constitutionality of the aforesaid bill whose many provisions are parallel to the act at hand; and while dealing with the question whether the provisions of the bill would be violative of article 14, the view taken, inter alia, in anwar' ali was noted and it was opined that the bill ..... would apply to other statutes, but there are statutes and statutes and the strict construction deemed proper in the case, for example, of a penal or taxing statute would be often subversive of parliament's real intent if applied to an act passed to ensure the peace, order and good government of a british colony, says 'the strict construction deemed proper in the case, for example of a penal or taxing statute points to an important difference in the interpretation of such ..... the learned author then continues to say that to resolve ambiguity reference to preamble is made as an aid of construction, the decision of the house of lords in the case of prince augustus (1957 (1) all er 49) (supra) is then noted in paragraph 2.17 and what was stated by lord simonds is brought to the notice of the ..... these being; (1) customs act, 1962; (2) essential commodities act, 1955; and (3) smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, all of which are central ..... district board, air 1952 sc 362 at page 365 was quoted with approval ..... in board of mining examination .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori
..... in the aforesaid premises, i am in respectful agreement with the views expressed by the high courts of calcutta, rajasthan and karnataka where the question whether remuneration for overtime work comes within the definition of 'wages' in section 2(22) of the act had come up for consideration and i am in respectful disagreement with the views expressed by the andhra pradesh, bombay and delhi high ..... lay-off and other additional remuneration, if any, paid at intervals not exceeding two months, but does not include- (a) any contribution paid by the employer to any pension fund or provident fund, or under this act; (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on discharge ..... considered opinion, the remuneration paid to an employee on account of overtime work does not come within any part of the definition clause of 'wages' in section 2(22) of the act, and therefore, that remuneration cannot be taken into account for determining the liability of the employer to pay the dues of the corporation. ..... far as the house rent allowance is concerned, the learned judges came to hold that as the same is paid every month and it formed a part of the contract of employment, therefore, it must be held to be a part of the wages within the ambit of section 2(22) of the act. ..... is the employer engaged in manufacture of paper and paper board. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR88
..... question was whether the inclusion of names of fifteen persons in the voters' list for election to the legislative council of the state of karnataka from local authorities-constituencies to the state legislative council after 3 p. m. ..... in determining the quantum of interest awardable under the relevant section, the tribunal acting under section 110 of the old act corresponding to section 166 of the new act can derive direct guidance from section 34 of the code of civil procedure, 1908 (in ..... stating that brajabandhu was his maternal grandfather and due to his severe illness he was residing in the house of rajendra at the time of his death and he died in the year 1982. ..... appeal was filed in this court under section 173 of the motor vehicles act, 1988 (in short, the 'act')- notice issued to brajabandhu senapati was returned with endorsement by postal authorities that ..... life insurance corporation of india ; air 1962 sc 315).sub-section (b) of section 96 of the old act lays down that the expressions 'material fact' and 'material particular' mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether it will take the risk and, if ..... pessumal ; air 1964 sc 1736, it has been observed that section 95 of the old act (corresponding to section 147) says down the requirements which are to be complied with by the policy of insurance issued in relation to the use of a particular vehicle, they are : (i) the policy must specify the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori258; 1995(I)OLR544
..... what can be passed on to the consumer and trader is a direct tax on the mineral in question and not any tax or levy.in this connection, it would be appropriate also to notice the provision of section 64a of the sale of goods act (3 of 1930) which authorises that in the event of any tax of the nature described in sub-section (2) thereof being imposed, the same becomes payable and the seller may add so much to the contract price as will ..... provision has been made in the bill that under the orissa cess act, 1962, one who has paid tax/cess will not be further liable to pay tax under the present bill ..... 1930 of air) :--'now it is true that the speeches made by the members of the legislature on the floor of the house when a bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the mover of the bill explaining the reason for the ..... the said case, the levy of land cess made under sections 78 and 79 of the madras district boards act (14 of 1920) was under challenge on the ground that it amounts to levy of royalty on minerals for which the central legislation is operative, namely the mines and minerals (regulation and development) act, 1957. ..... it is a tax on mineral or mineral bearing land, thereby the state legislature is incompetent to pass the legislation in question and in support of the stand, he places reliance on the decision of the supreme court in the case of the state of karnataka etc. v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori95; 1995(I)OLR132
..... controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied-- (i) that the tenant has not paid or tendered the rent due from him in respect of the house within thirty days after the expiry of the time fixed in the agreement of the tenancy with the landlord for payment of rent or in the absence of any such agreement by the last day of ..... is saved in an acquired or accrued right and not a mere possibility of acquiring a right; that the right which the landlord gets under section 7 of the act, either because of default in payment of rent or on any other ground for eviction mentioned therein is merely a right to approach the house rent controller with a prayer to evict the tenant; and that such a right cannot be regarded as an 'acquired' or 'accrued' right within the meaning of ..... by this court on the question whether a proceeding for eviction is maintainable before the house rent controller, even after the orissa house rent control act, 1967 (for short, 'the act') ceased to be in force, has made it necessary for this larger bench to ..... court is that there was neither anything done or action taken under the ordinance and, therefore, the employees of the erstwhile contract carriage operators in the state of karnataka did not acquire a vested right of absorption in service with the karnataka state road transport corporation. ..... the said application was rejected by the local land board and that decision was confirmed by the land appeal .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ1561; 1995(I)OLR151
..... to have carnal knowledge of a woman by use of position of dominance, is sexual exploitation if the victim would not have agreed to the act, but for the position.in pursuance of the international convention and mandate of the constitution of india. ..... the three accused persons were taken to the village club house, their names were ascertained with address, and subsequently were taken to the bonaigarh police station. ..... in such circumstances, it is not necessary that the prosecution should adduce clinching proof of a completed act of rape by each one of the accused on the victim or on each one of the victims where there are more than one in order to find the accused guilty of gang rape. ..... it is provided in the explanation that where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons is deemed to have committed gang-rape. ..... if the court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the evidence act similar to illustration (b) to section 114 which requires it to look for corroboration. ..... it is significant to note that the expressions used in section 3(1)(xii) of the atrocities act are 'agreed' and 'exploit sexually' and not 'consent' and 'rape'. ..... at this juncture it is relevant to refer to a decision of the apex court where an order of acquittal passed by the karnataka high court was set aside by it in state of karnataka v. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR358
..... president and members indicated in the application for registration of the society shall manage the affairs of the society, for a period not exceeding one year or till a committee is constituted in accordance with the provisions of this act, rules and the bye-laws, whichever is earlier: provided that if such society is an apex or central society including a central co-operative bank, and is assisted by the state or central government in any manner specified in ..... the petitioner that the life of a preliminary committee could not have been extended by taking recourse to the exercise of power under section 123 of the act, the same being repugnant to section 28 (1-c) inasmuch as section 28 (1-c) starts with a non obstante clause to the effect, 'notwithstanding anything contained in this act', but it is not necessary to examine this question in detail, since admittedly, in the meantime, there has been an election to the committee of ..... 3 has also filed a counter affidavit indicating therein that the preliminary committee of the bhubaneswar town development house building co-operative society was registered on 18.8.1993 and in terms of rule 32(a) and (c) of the orissa co-operative societies rules (hereinafter referred to as the 'rules') the committee ..... in his turn submitted the proposal to the registrar, co-operative societies, on the ground that the society had not taken steps for formation of constituencies and conduct of election to the board of management of the primary society. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... 28,000/-the disputes relate to (a) buildings at chauliaganj,(b) bank and postal deposits, (c) house-hold articles found during search, and (d) gold found during search. ..... the accused has committed offence of criminal misconduct in terms of section 13(1)(e) of the act, and is punishable under section 13(2) of the act read with section 8(3) of the special act, and is convicted accordingly.heard learned counsel on the question of sentence. ..... question of applicability of sections 8 and 9 and the statutory compliance as required under the estate duty act would have been clear, had copy of the estate duty return or order been brought on record. ..... the inevitable conclusion, therefore, is that the accused has squarely failed to prove that the house at aparna nagar, chauliaganj was constructed by jagannath mahanta. ..... alleging commission of criminal misconduct as set out in section 13 of prevention of corruption act, 1988 (in short, the 'act'), prosecution has sought for action against shri bharat chandra roul, (hereinafter: referred to as the 'accused'), a public servant. ..... 50, no explanation has been offered as to how she could apply for electric supply, and allotment of holding to the orissa state electricity board and the municipal authorities respectively. ..... it is also stated that salary received by accused from 26-8-1962 to 11-6-1963 has been excluded. ..... however, the salary for the period from 16-8-1962 to 11-6-1963 has to be considered. .....
Tag this Judgment!Court : Orissa
Reported in : (1997)ILLJ792Ori; 1996(II)OLR655
..... it was registered in 1962 under the trade unions act. ..... in this connection, he has drawn the attention of the court to the decision reported in air 1983 sc 155 (navjyoti co-op.group housing society v. ..... besides, he has submitted that the acts done and/or caused to have done to permit opposite party no. ..... but also to mould the relief warranted under given facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts. .....
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