Court : Orissa
Reported in : 81(1996)CLT477; 1996(I)OLR345
..... public or private and whether there are hereditary trustees of the institution or not. these questions have to be gone into under section 41 of the act which specifically deals with the investigation and decision of disputes in respect thereof. consequently, a prior determination under section 41 that the institution is public ..... public and the petitioners were not the hereditary trustees, the order for appointment of non-hereditary trustees under section 27 of the act and the direction for delivery of possession under section 68 are without jurisdiction. the court recorded the aforesaid concession with approval. their lordships also observed that ..... regards the appointment of trustees in respect of a religious institution in exercise of powers under section 27 of the orissa hindu religious endowments act, 1951, (for short, 'the act'). it was conceded in that case that without first recording a finding that a prima facie case was established that the institution was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori123; (1958)IILLJ623Ori
..... as the employee). the said order was passed on an application made by the employee-opposite party under section 15(2) of the payment of wages act (act iv) of 1936 (hereinafter referred to as the act).2. the said employee, being the petitioner before the commissioner, the opposite party herein, was a bus conductor in a private stage ..... against the conviction of the accused-appellant for having contravened the provisions of the factory act and it incidentally dealt with the definition of 'wages' within the meaning of the payment of wages act. in the judgment there is an observation to the effect that the act , was not intended to apply to any kind of salaries payable monthly. i ..... orders. barman, j.1. this revision is directed against an order of commissioner, payment of wages, balasore (additional district magistrate, balasore) in payment of wages act case no. 1 of 1956 making an order that the petitioner (hereinafter referred to as the employer) should pay rs. 165/- to the opposite party .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT413; [2005(105)FLR25]
..... read with section 1(6) of the payment of wages act. operative part of the judgment reads as hereunder:for the aforesaid reasons, we issue a mandamus on the food corporation of india to pay to its ..... also some workmen contesting the case as interveners. as it appears from the judgment of the division bench, on consideration of the fact involved legal provisions in payment of wages act, 1936 and the sisterly legislations and precedent from the apex court, the division bench issued the writ of mandamus in conformity with the provision in section 6 ..... of the senior regional manager, food corporation of india, bhubaneswar and the decision of the district manager, orissa region taken on 18.4.2004 to disburse the payment of wages/salary to the labourers ab'ove rs. 1600/- through cheque. both the writ applications were/heard analogously and disposed of by common judgment on 13.1/ .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT49; [1988]70STC333(Orissa)
..... to a dealer applying in this behalf any amount of tax, penalty or interest paid by such dealer in excess of the amount due from him under this act, either by cash payment or by deduction of such excess from the amount of tax, penalty or interest due in respect of any other period :provided that no claim to refund of ..... such local area as may be assigned by the commissioner according to sub-sections (1) and (3) of section 3 of the act. sections 14 and 14-c empower the commissioner to allow refund and for payment of interest at specific rates on the refundable amount and it was not disputed that such original powers are not being exercised by ..... period is later :provided further that no claim to refund of any tax, penalty or interest paid under this act shall be allowed in cases where there is an order for reassessment, until the reassessment is finalised.14-c. payment of interests on refundable amount.-amounts refundable under section 14, if not refunded within ninety days from the date of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori101
..... court had no occasion to decide the question with reference to the new arbitration act, 1996. in any event, the facts are different inasmuch as the respondent gave an undertaking regarding payment of arrear dues but electricity was disconnected though according to respondent, payment was made as per the agreement. the court had no occasion to make any reference to section 19 of ..... the act of 1910. in any event, as this court has already held that even under .....
Tag this Judgment!Court : Orissa
Reported in : [1990]78STC58(Orissa)
..... applications without a specific prayer to nullify those orders. further, the petitioner which is a government of india undertaking and established under a central act is required to act in a manner in consonance with law and payment of tax at the rate of 3 per cent knowing full well that the rate applicable was 7 per cent shows the contumacy. in any ..... that it was entitled to a rebate of 4 per cent on the purchase turnover. according to the sales tax officer, the payment of tax at the reduced rate attracted action under section 13(4)(a) of the act. he passed orders purported to be under the said provision. when demands raised by these purported orders were not paid within the ..... 528 of 1982 disposed of on 23rd march, 1982) in support of the contention.(ii) the petitioner was acting in a bona fide manner as it was led to believe that it was authorised to make the claim of rebate and make payment of tax at the rate of 3 per cent. reliance was placed on a series of documents exchanged between .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori172; 23(1957)CLT234; 1957CriLJ902
..... transpires at the trial in the court room.'they have given a very wide interpretation of the word 'testimonial compulsion' and have explained that every positive volitional act which furnishes evidence is testimony. but, nevertheless, they have also made it clear' that the element of coercion is essential for invoking the guarantee. the accused ..... give his thumb impression. the accused objected to it but the trial court rejected the objection of the accused relying on section 73 of the indian evidence act and directed him to give his thumb impression. somasudaram, j. relying on the aforesaid supreme court decision allowed the objection of the accused observing that the ..... it is unnecessary to refer to the confession of the co-accused, and the words 'may take into consideration appearing in section 30 of the indian evidence act are not properly construed.5. but this is not sufficient to disturb the conclusion arrived at by the learned assistant sessions judge that bhaluka had personated himself .....
Tag this Judgment!Court : Orissa
Reported in : [2002(94)FLR278]; (2002)IILLJ229Ori; 2002(I)OLR336
..... rules, read with the agreement arrived at national level, whereas, the executive employees are entitled to receive gratuity in terms of section 4(3) of the payment of gratuity act in the absence of any agreement.7. obviously, before opposite party no. 1, the tribunal created by the statute, the validity of the statute cannot be ..... counsel for the petitioner that fixation of higher amount of gratuity payable to the non-executive class under the agreement is inconsistent with the provisions of payment of gratuity act, has no merit and the same is rejected.'the delhi high court further held that the executives being officers/managers of various levels, constitute a ..... , is impugned in this letters patent appeal.3. the learned counsel for the appellant, relying upon the amended provisions of section 4(3) of the payment of gratuity act which was introduced on september 24, 1997, submitted that the ceiling with regard to gratuity payable to the executives is rupees one lakh. all the respondents .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori1; 1958CriLJ59
..... relating to sales maintained by a wholesaler of fruit and produce were also public papers inasmuch as they were required to be maintained under the emergency price control act. the majority based their decision on the following reasoning:'the record involved in the case at bar was a sales record required to be maintained under an appropriate ..... records regardless of whether a statute requires them to be kept 1c they are kept in the discharge of a public duty either by a public officer or 'by persons acting under his direction'.' (the underlining (here into ' ') is mine). after reviewing several previous decisions of the various state courts frankfurter j., pointed out--(at page ..... of maintaining the f. p. s. register cast on the petitioner by the orissa food-grains control order, 1951 and the licence issued thereunder, he by acting as the agent of the government had undertaken to maintain this register in accordance with the directions that may be issued from time to time by a public officer .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori79; 48(1979)CLT333
..... to a sum of rs. 50,000 (rupees fifty thousand) only to its chairman in contravention of the provisions of section 69 of the orissa municipal act, 1950 (orissa act 23 of 1950) read with rules 23 and 24 of the orissa municipal rules, 1953;and whereas in pursuance to the provisions of sub-section (2 ..... council deals with public funds. primarily for the convenience of functioning and management, the municipal council is to authorise expenditure from such funds and therefore, the act authorises delegation of power in favour of the chairman or the executive officer. one cannot conceive of any just and fair democratic principle which would justify the ..... circumstances whatsoever.' it has been contended by learned advocate general that in terms of section 72, regulations are necessary for the purpose of delegation. section 72 of the act, as far as relevant, provides:-- 'every municipal council, subject to the control and approval of the state government, shall make regulations as to --(e) delegation .....
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