Court : Orissa
Reported in : AIR1991Ori231
..... on unsubstantial grounds and irresponsible evidence, thereby introducing a serious element of uncertainty in the verdict already rendered by the electorate. an election is a politicallysacred public act, not of one person or of one official, but of the collective will of the whole constituency. courts naturally must respect this public expression secretly written and ..... election petition contains allegations against the assistant returning officer and against the counting staff, those officers are necessary parties within the meaning of section 82 of the act and in their absence the petition is liable to be rejected. section 82 is quoted hereinbelow in extenso :--'82. parties to the petition.- a petitioner shall ..... the schedule.in the case of m. kamalam v. dr. v.a. syed mohammed, air 1978 sc 840, their lordships of the supreme court considering section 81(3) of the act held thus (at page 844 sc; air 1978):--'now, it is true that no signature was appended by the appellant on the copy of the .....
Tag this Judgment!Court : Orissa
Reported in : (1991)94CTR(Ori)166; [1991]190ITR480(Orissa)
..... did not file the declaration and, after expiry of the time, a declaration was filed under section 184(7) of the act on august 28, 1978. along with such declaration, no explanation for the delay was furnished. later on, however, an application was filed explaining that the partners of the firm were engaged in ..... effect as the assessee was filing the declaration as provided under section 184(7) of the act.3. in respect of the assessment year 1978-79, the assessee was required to file the declaration before july 31, 1978, the time allowed under section 139(1) of the act for furnishing the return of income for the subsequent assessment year. within that period the assessee .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR46
..... the letters patent and sec. 104 read with order 43, rule 1 of the code and followed the view taken by various other decisions including that of the privy council and concluded the point saying that there is nothing to show that the letters patent in any way excludes or overrides the application of sec. 104 read with order 43 ..... 1 court can only be passed in exercise of appellate jurisdiction which also relates to the subject of appeal. thus as was the case in the decision reported in air 1978 andhra pradesh 97 (supra) the order of remand passed by subordinate appellate court which was the subject matter of scrutiny in a civil miscellaneous appeal before the single judge ..... section 104 of the code, the legal position has undergone a change by introduction on section 100-a of the code by the code of civil procedure (amendment) act, 1976 (act 104 of 1976) which has come into force with effect from 1.2.1977 and it bars any further appeal against the appellate judgment or order passed by a single .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... civil court has jurisdiction to consider whether there was a transfer or not within the ambit of section 269c of the income-tax act. thus, both the aforesaid decisions are of no assistance to the appellant.12. the privy council, in the case of secretary of state v. mask and co., , has observed (at p. 110) ;'... it is ..... both the appeals were dismissed by the tribunal by order dated august 30, 1978. the said order in the proceeding under chapter xxa became final as the aggrieved party never approached the high court and, therefore, the civil court would have no ..... the transferee. due particulars were given to the parties and, after considering the stand of both the transferor and transferee, defendant no. 2 passed orders on march 18, 1978. the plaintiff filed an appeal against the same before the appellate tribunal and defendant no. 3 also filed an appeal against the same in the said appellate tribunal. .....
Tag this Judgment!Court : Orissa
Reported in : [1991]72CompCas436(Orissa)
..... , : 1955crilj876 navinchandra mafatlal v. cit : [1954]26itr758(sc) c7t v. benoy kumar sahas roy : [1957]32itr466(sc) and chaturbhai m. patel v. union of india, : 1978(2)elt297(sc) .14. yet another principle to which reference may be made in this context is that while the widest amplitude should be given to the language given in ..... gwyer c. j. applied the same principle when a similar question arose under section 100 of the government of india act, 1935. this was done in subrahmanian v. muttuswami goundan, . this view was approved by the privy council in prafulla kumar mukherjee v. bank of commerce ltd., air 1947 pc 60 and prafulla kumar's case, air ..... case is ultra vires. where, however, the transgression is disguised, it is referred to as colourable legislation. the connotation is that although apparently a legislature purports to act within the limits of its own powers, yet in substance and reality it encroaches upon a field prohibited to it, requiring an examination, with some swiftness, of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori173; 68(1989)CLT65
..... privileges of the university, it ceases to be an entirely private institution. it becomes the subject of statutory provisions and is regulated by it. the academic council is an authority of the university created by a statute. the power now conferred on the principals of affiliated, and constituent colleges by ordinance vii was formerly ..... engineering colleges had been over.18. a case of similar nature in which admission once given and subsequently cancelled was considered by this court in ilr (1978) 1 cut 40 (supra) and their lordships after considering all the decisions held that once admission was given the principal was estopped from urging that at ..... 'college' means an institution whichapplies for admission to the university or has been admitted to the privileges of the university in conformity with the provisions of the act and these statutes but does not include a school, whether it is an independent institution or forms a part of college as defined herein;'regulation no. 170 which .....
Tag this Judgment!Court : Orissa
Reported in : 64(1987)CLT693; 1988CriLJ1175
..... but also other materials, the conclusion was reached that n6 offence had been disclosed in terms of section 3 of the prize chits and money circulation schemes (banning) act, 1978. even chandrachud, c.j. remarked (para 13) that it was clear that even though the state of west bengal and its concerned officers submitted detailed affidavits to ..... petitioners of violation of section 3 of the prize chits and money circulation schemes (banning) act, 1978 punishable under section 4 of the said act. the calcutta high court held the activities of the firm to fall beyond the provisions of that act and the search and seizure to be illegal and improper, and hence the proceedings were quashed ..... way of appeal at the instance of the state of west bengal. dismissing the appeal the supreme court held that no offence had been disclosed under the act and hence it would be manifestly unjust to allow the process of investigation against the alleged offence to be completed as any investigation, in the absence of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori65
..... nagpur university. nagpur) it was observed that the university had produced so much material before the court that it was impossible to find fault with the executive council or the enquiry committee. in a recent case reported in air 1987 all 208 (rajiv ratna shukla v. university of allahabad) the decision to cancel the ..... is now well settled that a distinction between quasi-judicial and administrative orders have been obliterated so far as principles of natural justice are concerned. in air 1978 sc 851 (mohinder singh gill v. chief election commr., new delhi) it was observed that the dichotomy between administrative and quasi-judicial functions vis-a-vis ..... local authority to clothe another authority with one or more its functions, so that the delegate may act as its agent. there is much inaccuracy and inaptitude in the application of the principle and whenever the principle is pressed into service it is always worthwhile to scrutinise its applicability with a caution since, as was observed .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC18
..... the time of the accident, and debaki swain (pw2) wife of the applicant. a letter of the c.d.m.o., kalahandi dated 27th of june, 1978 addressed to the executive engineer, electrical division, bhawanipatna stating that the applicant suffered from paralysis of both the lower limbs and was walking with difficulty with the help ..... disablement. on consideration, he answered the first question in the affirmative and the second in the negative. the commissioner took the view that the workman, khageswar, acted negligently by doing work which was not assigned to him by the employer and further that he was all along in the employment under the department and his ..... of khageswar swain, a junior artisan 'b'(helper) under the orissa state electricity board in its bhawanipatna electrical division challenging the order of the commissioner under the act dated 21-6-1982 rejecting the application of the said workman for compensation. the application was filed by khageswar alleging, inter alia, that on 12-12-76 .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT605; 1986(II)OLR536
..... privilege of bail.the question posed at the outset is, therefore, answered in the negative.9. learned counsel for suratha behera (o. p. no. 1) vehemently urged relying upon air 1978 s. c. 961 (the state through the delhi administration v. sanjaya gandhi) that review of a decision granting bail would be permitted only if, by reason of supervening circumstances, it .....
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