Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 36 amendment of section 48 Court: orissa Page 6 of about 534 results (0.070 seconds)

State of Orissa Vs. Utkal Distributors Private Ltd.

Court : Orissa

Reported in : [1974]34STC347(Orissa)

..... steel ltd. on payment of royalty to the state of orissa. initially, the petitioner was paying royalty to the hindustan steel ltd., but the original contract was amended subsequently and the agreement was that the hindustan steel ltd. will pay royalty to the state of orissa.in those circumstances, it was held that the supply by ..... or lessor, on the working of the property leased, or otherwise on the profits of the grant or lease. the word is especially used in reference to mines, patents and copyrights'.,it, therefore, appears that royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to the government. the ..... to extract chips and bond stones.8. not a single decision has been cited on either side which could throw light on this question. section 2(g) of the act, so far as relevant, runs thus:2. (g) 'sale' means, with all its grammatical variations and cognate expressions, any transfer of property in goods for cash .....

Prabir Kumar Das Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2007(II)OLR435

..... has to be taken in the broader sense of providing relief by an order of a writ court for making monetary amends under the public law for the wrong done due to breach of public duty by not protecting the fundamental rights of ..... appropriate cases. by 'appropriate cases' the court meant those cases where the infringement of the fundamental right must be gross and patent, that is, incontrovertible and ex facie glaring. in the instant case, the right to liberty of pratap naik under article ..... the petitioner has annexed the photographs about his meeting with pratap naik. the petitioner thereafter sent a petition dated 18.1.2005 to the hon'ble chief justice of supreme court praying for initiation of some inquiry and seeking compensation for the victim. ..... years. in that case the hon'ble supreme court held that the right to compensation is some palliative for the unlawful acts of the instrumentalities. the supreme court said that the state must repair the damage done by its officers to the petitioner .....

Sujan Charan Lenka and ors. Vs. Smt. Pramila Mumari Mohanty and ors.

Court : Orissa

Reported in : AIR1986Ori74

..... to exercise its revisional jurisdiction. it must be remembered that in whatever language section 115 of the code has been couched, and despite the restrictions imposed after its amendment in 1976, once the high court is satisfied on materials on record placed before it that the impugned order passed by the court or courts below shall cause ..... had a prima facie case. it was further held that the exercise of the revisional power is purely discretionary. the revisional court cannot interfere where there is no patent violation of law or any perversity manifested in the order. it cannot, in exercise of its jurisdiction under section 115 of the code, correct errors of the fact ..... an agreement for sale creates an equitable estate in the purchaser, the law in india does not recognise any such estate. section 54 of the transfer of property act in specific terms provides that a contract for sale does not, by itself, create any interest in or charge on such property. such contract is merely a document .....

NimaIn Charan Mohanty Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1995Ori106

..... not be in a position to devote one's attention and time towards the developmental programmes of the area. it is, therefore, proposed to amend sub-section (3) of section 46-b of the orissa panchayat samiti act, 1959 suitably to the effect that when a meeting has been held in pursuance of sub-section (2) of the said section, irrespective of ..... grounds have been pressed into service before us by shri das, learned counsel for the petitioners :-(1) the requisition is in violation of section 46-b (3) (as recently amended) having been issued within one year of the first requisition. (2) it is in violation of section 46-b(2)(a) having been signed by majority of samiti members who ..... having a right to vote or the resolution is not passed at the meeting supported by a majority of two-thirds of members having a right to vote. it is patent that in each case the starting point for computing the period of bar for fresh requisition for the meeting is and was the date of the special meeting actually held .....

Sri Manoranjan Mohanty @ Pattnaik and ors. Vs. Sarada Charan Mohanty @ ...

Court : Orissa

Reported in : 97(2004)CLT68; 2004(I)OLR50

..... involved in the present case. the fact which the defendants brought on record in their written statement have been explained by the plaintiffs through the amendment. whether or not this amendment would have been allowed, relevant issues had to be cast on the basis of such plea in the written statement. when the hearing of the ..... be exercised when the impugned order or procedure followed suffers from arbitrariness or capricious exercise of the authority or discretion, recording of finding suffering from perversity or patent or flagrant error in following the procedure. as noted above, this court does not find any such illegality or jurisdictional error or violation of principles of natural ..... valuation of the suit and the court-fee assessed thereon by the plaintiffs is not in accordance with the provision in section 7 of the court fees act. learned counsel for the plaintiffs-opposite parties concedes to such mistake and undertakes to correct the same within a period of six weeks. be that as .....

Bibekananda Das Vs. State

Court : Orissa

Reported in : 1996(II)OLR587

..... review the same'. the operation of the said prohibition is saved if there is specific provision in the old code itself or in any other law. by the amended provision of the code, the law has been simplified inasmuch as the prohibition contained in section 362 of the code which has been made applicable to all courts, ..... same except to correct a clerical error. in so far as the high court is concerned, it, however, provides that such prohibition will be subject to the letters patent or other instrument constituting such high court. the section is, therefore, intended to apply to all courts, the provision being 'no court when it has signed its judgment ..... facts and circumstances and accordingly modified the lower court's judgment, further consideration to suspend the same with the aid of section 4 of the probation of offenders act would, in my considered opinion, amount to review of the judgment which in view of the authoritative pronouncements of the apex court in the decisions referred to above .....

Kinigam Service Co-operative Society Vs. Deputy Registrar, Co-operativ ...

Court : Orissa

Reported in : AIR1981Ori112; 51(1981)CLT421

..... hearing on 16th march, 1981 we had told counsel for the two sets of intervenors that their petitions would not be entertained.5. section 12 of the act deals with amendment of bye-laws of the society. sub-sections (5) and (6) thereof which are material provide that:--'(5) where in the case of an apex ..... co-operative societies (opposite party no. 1 herein) in purported exercise of powers under section 12 (6) of the orissa co-operative societies act, 1962 (hereinafter referred to as the 'act') registering an amendment to the bye-law no. 30 (ii) (a) of the berhampur co-operative central bank limited (hereinafter referred to as the bank), ..... be instances where the court would address itself to the question of prejudice while considering whether extraordinary jurisdiction should be exercised. but where patently the provision itself is ultra vires the act and the statutory mandate has not been followed and rules of natural justice have not been complied with, though the statutory content is a .....

M/S.21st Century Ferro and Alloys Ltd. Vs. Odisha Electricity Regulato ...

Court : Orissa

..... no.1 lacks inherent jurisdiction to redesign the take or pay tariff scheme 2012-13 in midway by introducing a concept of assured energy which is very much patent to the statute and the regulation at large. opposite parties committed gross illegalities by effectuating revised pay tariff retrospectively with effect from 1st july, 2012. since there ..... in demand for electricity in the long run. this is the rationale behind section 62(4) which permits no more than a single amendment to the tariff in a financial year and that amendment should be demonstrably necessary and not fanciful or whimsical. without stability there can be 5 no development of the market as enjoined in ..... . the main tariff order dated 23.3.2012 involves highly technical, financial and commercial aspects which can also be amended even normally once in a year as per sec. 62(4) of the act, 2003. any order passed by the appropriate commission i.e. oerc is appealable to the appellate tribunal for electricity under sec. 111 and .....

M/S. Attitude Alloys Pvt. Ltd. Vs. Odisha Electricity Regulatory Commi ...

Court : Orissa

..... no.1 lacks inherent jurisdiction to redesign the take or pay tariff scheme 2012-13 in midway by introducing a concept of assured energy which is very much patent to the statute and the regulation at large. opposite parties committed gross illegalities by effectuating revised pay tariff retrospectively with effect from 1st july, 2012. since there ..... in demand for electricity in the long run. this is the rationale behind section 62(4) which permits no more than a single amendment to the tariff in a financial year and that amendment should be demonstrably necessary and not fanciful or whimsical. without stability there can be 5 no development of the market as enjoined in ..... . the main tariff order dated 23.3.2012 involves highly technical, financial and commercial aspects which can also be amended even normally once in a year as per sec. 62(4) of the act, 2003. any order passed by the appropriate commission i.e. oerc is appealable to the appellate tribunal for electricity under sec. 111 and .....

The State (at the Instance of the S.D.M. Titiagarh) Vs. the Editor, Pr ...

Court : Orissa

Reported in : AIR1955Ori36; 1955CriLJ547

..... imposed nothing but reasonable restrictions on the exercise of the freedom of speech, and therefore, the previous law continues in force even after the amendment of article 19 by the constitution first amendment act. with due respect we entirely agree with the conclusions of their lordships. 13. the sheet-anchor of mr. mohanty is the decision in ..... california had framed such a law, then perhaps mr. justice black's decision would have been otherwise; for, in that event, the requirements of the fourteenth amendment providing for the due process clause could have been satisfied. with great respect, we have come to the conclusion that the minority judgment of mr. justice frankfurter ..... record and this has been recognized from the earliest times in england. the high courts in india were created courts of record by several letters patents. by the government of india act, 1935, as welt as by article 215 of the constitution, the supreme court of india and the high courts are the courts of record .....