Court : Orissa
Reported in : 1995(I)OLR264
..... after amendment made in section 3(b) of the drugs 'act by amendment act of 1984, the expression ''drug' iucludes also the medicines and substances which are either used or are prepared in accordance with the ayurvedic or unani system of medicine. ..... , learned counsel for petitioner submits that the view taken by the assessing officer is clearly untenable, because he referred to a decision of apex court which has no application to the facts of the case as it related to the position prior to amendment of section 3(b) of the drugs act by act 13 of 1964 at that point of time, in clause (b) unani medicines were specifically excluded from definition of medicines, drugs. ..... the decision in iswar singh bindra's case (supra) was rendered at a point of time, when section 3(b) of the drugs act read as follows :'all medicines for internal or external use of human beings or animals and all substances intended to be used for or (in the diagnosis, treatment. ..... for the assessment years 1990-91 and 1991-92 assessments originally completed under section 12(4 of the orissa sales tax act, 1947 (.in short, the 'act ) were re-opened and re-assessments under section 12(8) of the act have been made, while for the assessment year 1992-93, assessment has. ..... mitiogation or pevention of disease in human beings or animals other than medicines and substances exclusively used or prepared for use in accordance with the ayurvedic and unani systems of medicine 'a number of amendments were made by act xii of 1964. .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT24; 1993CriLJ1507; I(1993)DMC153
..... the first case related to an application for amendment and the second case related to an application for stay during tendency of an application under section 126(2) of the code. ..... in this appeal under section 19 of the family courts act, 1984 (in short the 'act'), order of learned judge, family court. ..... 'maxwell on interpretation of statutes, eleventh edition, contains a statement at page 350 that where an act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are necessary to its execution. ..... a somewhat similar situations in a proceeding under orissa home rent control act, 1967 came under scrutiny in kandula prabhakar rao v. ..... ' he would however do well to dispose of the proceeding as expeditiously as practicable before 1993 acts in. .....
Tag this Judgment!Court : Orissa
Reported in : 58(1984)CLT53; 1984(II)OLR597
..... in such a case the special judge has no jurisdiction under section 7(3) of the criminal law amendment act, 1952 to try the of fence under section 409 of the indian penal code also. ..... that as provided in sub-section (3) of section 7 of the amendment act, when trying any case under the act, a special judge may also try any offences; other than an offence specified in section 6 of that act with which the- accused under the code of criminal procedure, be charged at the same trial ..... such a case, the special judge has no jurisdiction under section 7 (3) of the amendment act to try an offence punishable under section 467 of the code. ..... the criminal law (amendment) act, 1952 (for short, the amendment act)' was enacted to provide for speedy trial of certain ..... know upadhyaya babu who works as motor vehicles agent. ..... this takes me to the second legal contention raised on bahalf of the appellant that as the prosecution of the appellant under section 5(2) read with section 5 (1) (c) of the act was bad in law owing to want of sanction, the learned special judge had no jurisdiction to try him in respect of the offence of forgery punishable under section 467 of the ..... you in the said capacity, which was under your control by one kundanlal of old station, rourkela, towards the tax of his said car and thereby committed an offence punishable under section 5(2) of the prevention of corruption act read with section 5 (1) (c) of the prevention of corruption act, and within my cognizance.second--that you b.k. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT796
..... section 28-a was introduced by the land acquisition (amendment) act, 1984.7. ..... in state of west bengal v. ..... : air1991sc537 , the apex court has observed as under:every such action may be informed by reason and if follows that an act un-informed by reason is arbitrary, the rule of law contemplates governance by law and not by humour, whim or caprice of the men to whom the governance is entrusted for the time being ..... : air2004sc5003 it was held by the hon'ble supreme court that if a person has applied under section 18 of the act and persued the matter further, he is not entitled to maintain the application under section 28-a for re-determination of compensation. ..... ), jagatsinghpur made an award under section 18 of the act on 10.3.1988 assessing the market value at the rate of rs ..... statute does not require recording the reasons the authority even exercising its administrative power is bound to pass a speaking and reasoned order as from the reasons it may be examined as to whether the authority has acted fairly and not arbitrarily. ..... and 3, shri pitambar barik and biswambar barik, claimed to have filed an application under section 28-a of the act claiming the same amount i.e. rs. ..... declaration under section 6 of the act was made in respect of the said area including the land involved herein vide notification dated 6.12.1982 (annex ..... facts and circumstances giving rise to this case are that a large track of area stood notified under the provisions of section 4 of the act on 30th june, 1982 (annex. .....
Tag this Judgment!Court : Orissa
Reported in : 63(1987)CLT65; 1986(II)OLR507
..... authority (air 1961 sc 92) relied upon by the learned counsel for-the petitioner does' not help him as the words 'refused to entertain' in section 68-f(2) of the motor vehicles act were held only to mean that the authority cannot dispose of the application on merits but can reject it as not maintainable.the decision in s. c. ..... been referred to a division bench by a learned single judge of this court for an authoritative decision of the question as to whether the period during which the proceeding under section 18-8 (inserted by the amending act 54 of 1975) of the orissa money- lenders act, 1939 (for short, 'the act'),was pending before the appropriate authority should be, excluded from the period of limitation for filing a suit for recovery of loan.2. ..... but this court has permitted the plaintiffs even at the second appellate stage to supply the requisite order within a reasonable time, and in no case the time spent for obtaining the certificate was allowed to be added to the prescribed period of limitation for filing ..... with regard to the requirements of sub-sections (2) and (8) of section 18-b of the act in this revision would find support in the observations made and principles laid down in 57(1984) clt 290 (supra) and 54(1984) clt 406, chittaranjan misra and ors. v. ..... dyetary khhatoi [57(1984) clt 290] made the following observation :'...there may also be cases, where even though all requisites have been submitted before the specified authority, the matter might be lying with .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori263
..... regard is section 131 which says :-- 'the municipal council may, from time to time, at a meeting convened expressly for the purposes, of which due notice shall have been given subject to the provisions of this act impose within the limits of the municipality the following taxes and fees or any of them; xx xx xx xx (kk) an octroi on goods brought within the limits of a municipality for consumption, use or sale therein; xx xx (xx xx xx provided that ..... state of west bengal, 76 cal wn, 120 : (1972 tax lr 1767) the item described as 'nuts, (excluding betel nuts)' in the notification issued under section 6(1) of the taxes on entry of goods into calcutta metropolitan area act was considered, as to whether groundnuts used for manufacturing groundnut oil could be included within the ..... section 131(l)(kk) which came into the statute book by way of amendment in 1954 deals with octroi on goods brought within the limits of a municipality for consumption ..... therefore, agreeing with the learned counsel for the appellant, we hold that 'turmeric' is not included as an item of goods on which octroi could be levied under the notification in question, though we reject the second submission of the learned counsel for the appellant and hold that there has been a valid notification in terms of section 131(l)(kk) of the act for imposition of octroi on the goods specified in the notification in question. ..... paties are directed to appear on july 20,1984 to receive appropriate direction of the court below as to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori116
..... under article 25(1), however, is not absolute, but has been expressly subject to 'public order', 'morality' and 'health' and 'to the other provisions of part iii of the constitution', we must, therefore, now advert to the act to find out whether its provisions which are alleged to infringe the right under this article are covered by the limitations provided therein or do indeed infringe the right.7. ..... state of west bengal, air 1970 sc 852) but they are cases where the term 'public order' as occurring in article 19(2) of the constitution was ..... according to him, the entry extends to the creation of new offences by legislation (air 1939 fc 58) and thus the act is intra vires the state legislature.an analysis of the act, however, has left no doubt in our mind that the pith and substance of the statute is not creation of offences and therefore, it does not relate to ' ..... in terms of the entry, the state legislature shall not have legislative jurisdiction.in our view, therefore, the matter relating to which the act has been enacted is not enumerated either in list ii or list iii and comes under entry 97 of list i. ..... go elsewhere, therefore, to ascertain the meaning and nowhere more appropriately we think, than to the history of the tunes in the midst of which the provision (1st amendment) was adopted. ..... of the supreme court in the second gift tax officer v. d. h. ..... the second entry in list iii is 'criminal procedure' including all matters in the code of criminal procedure at the commencement of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori202; 1984(I)OLR282
..... (amendment) act, 3976, (no. ..... basu for the opposite parties; (section 214 of the succession act contemplates the recovery through courts of debts from the debtors of the deceased person. ..... misra has contended that without a succession certificate under section 214 of the succession act the opposite parties cannot be-allowed to continue the execution proceeding. ..... the petitioner had unsuccessfully moved the appellate authority under the act and had without success moved this court in o. j. c. no. ..... bengal breweries ltd. ..... 2 of 1975 with regard to the maintainability and continuance of the proceeding against him by the opposite parties for his eviction in pursuance of the order passed in november, 1974, under the orissa house rent control act initiated by devidutta agarwalla. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori230; 58(1984)CLT243; 1984(I)OLR819
..... what the court is concerned with is not the form of the order, but as to whether the order can be so passed legally.order 41, rule 3a(2) of the code has come into force after the amendment act and there was no such specific provision then, but a parallel argument had been advanced before the division bench which was left undecided on the ground that in view of the other reasons already recorded by ..... beniyan bibi air 1976 cal 415 and referring to the recent amendments made 10 the code by the civil procedure code (amendment) act, 1976 (for short, the 'amendment act') and in particular, the addition of rule 3-a to order 41, has recorded his view thus :'in my humble opinion, rejection of an application for condonation of delay may have shut the doors of the appellate court; but the refusal of ..... devi to the effect that abatement of an appeal for non-substitution does not imply an adjudication on merits and as such, when the appeal abates, there is no decree and the second appeal against such an order is incompetent.28. ..... of kerala high court (air 1980 ker 173) as decided in air 1983 patna 189 (supra) and as to whether interim stay can be granted after-presentation of an appeal under order 41, rule 3-a of the code as held in air 1984 cal 20 sri rani satiji mandir v. ..... this provision is mandatory and the application for condonation of delay shall accompany the memorandum of appeal as held in air 1984 kant 40 madhukar daso deshpande v. ..... has been held in air 1984 all 14 brahma swaroop v. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ3048; 1995(I)OLR409
..... the state of west bengal, air 1984 sc 237, the supreme court had the occasion to consider the provisions of the west bengal children act which also contained provision similar to section 24 of the act. ..... in view of the clear bar contained in the west bengal children act, the court ruled that the entire trial of the child was without jurisdiction and was vitiated. ..... in the case at hand, the finding of the learned sessions judge being that the age of the appellant was below 16 years on the date of the occurrence and in view of the clear prohibition contained in section 24 of the act, trial of the appellant leading to his conviction by the learned sessions judge has to be held to be without jurisdiction. ..... misra, learned counsel for the appellant, submitted that the appellant was below 16 years of age at the time of occurrence and, as such, the provisions of juvenile justice act, 1986 were applicable to him and he could not have been tried by the learned sessions judge. ..... there is no dispute that the juvenile justice act, 1986 (hereinafter referred to as 'the act') has come into force in the state of orissa with effect from 2-10-1987. ..... 'juvenile' has been defined in section 2(h) of the act to mean a boy who has not attained 16 years of age or a girl who has not attained , the age of 18 years. ..... under the scheme of the act a juvenile who . .....
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