Court : Orissa
Reported in : 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758
..... state of orissa, (1990) 69 cut lt 718 (db) held that non-compliance of section 74 of the bihar and orissa excise act, 1915 which requires the excise officer to record the grounds of his belief before search is undertaken, ipso facts would not vitiate the trial unless it is shown that such non-compliance has brought about ..... in exercise of the powers conferred by the first proviso to section 8 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the central government hereby specifies the 13th december, 1989 as the date from which the prohibition against the production, possession, use, consumption, purchase, sale, transport, warehousing, import interstate and ..... balbir singh, 1994 (1) crimes 753 :(1994 cri lj 3702) contended that the provisions of section 50 of the act are mandatory and they have not been complied with in the instant case on account of which trial got vitiated. ..... learned counsel submitted that in absence of any mention of compliance of the provision of section 50 of the act in the seizure list and the forwarding report, the bare oral evidence of p.w. ..... further, they constitute primary evidence for any act, omission or commission on the part of a person rendering him liable for punishment under chapter iv of the n.d.p.s. ..... 3 to be a reliable and trustworthy witness, non-mention of compliance of section 50 of the act in the forwarding report cannot jettison his evidence. 8. ..... lokanath sahu, 1986 (1) orissa lr 576. p.w. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT737
..... allegedly levied cess on sugar manufacturing units under the provision of water (prevention and control of pollution) cess act, 1977 on the basis that sugar industry was covered by entry 15 of schedule i of the cess act. ..... in that case a particular section of the andhra pradesh estates (abolition and conversion into ryotwary) 1948 act was challenged before the andhra pradesh high court and that writ petition was allowed by the high court and it held the section to be ultra vires vide its judgment dated ..... mills case suprente court held that sugar manufacturing industry does not come within entry 15 of schedule-i of the cess act. ..... was pleased to set aside the said judgment on 6th february, 1986 and held that the section was constitutionally valid. ..... of said declaration of law several sugar mills represented before the pollution control board for refund of cess collected by the board without any authority of law. ..... the directions which were given in favour of the respondents were given on the basis that the amendment was constitutionally invalid, but the moment the supreme court held the act valid, those directions, have become futile.37. ..... held that section 25 of the finance act 1941 was not applicable (1942) ch. ..... the right to levy cess on sugar manufacturing units. ..... for the first time, passed an order recommending grant of mining lease in favour of dr.pradhan and sought for approval of the central government under section 5(1) of the mines and minerals (development and regulation) act, 1957. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR731
..... section 15 of the consumer protection act, 1986 are quoted as under:any person aggrieved by an order made by the district forum may prefer an appeal against such order to the state commission within a period of 30 days from the date of the order, in such form .....
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Reported in : 105(2008)CLT149
..... considering the above action on the part of the idco which is neither in conformity with the terms as stipulated in the letter dated 25.1.1995 nor in accordance with the industrial infrastructure development corporation act and is also contrary to the settled position of law, while quashing the letters under annexures-5, 6, 8, 10 and 17 as well as the rejection of the representation of the petitioner during pendency of the writ petition ..... , the lessor may make an order declaring resumption of such unutilized portion of land and payment of compensation to the lessee in accordance with the provisions of the orissa industrial infrastructure development corporation act, 1980 and the rules/regulations made thereunder.it has been specifically provided therein that the lessee shall be abiding by the provisions of the orissa industrial infrastructure development corporation ..... also willing to pay other government dues by more than rent and cess within one month from the date of the order passed by this ..... 22,84,48,890.00 towards land cost and statutory dues towards ground rent and cess and to execute the lease deed by 19.7.2003, failing which, the idco will be constrained to resume the said land at the cost of the petitioner ..... the other government dues like ground rent and cess in the amount payable by the petitioner. ..... in the letter dated 25.1.1995 under annexure-a series to the additional counter affidavit of the idco and shall also pay any other government dues like ground rent and cess etc. .....
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Reported in : AIR1990Ori36; 68(1989)CLT363
..... (amendment) act, 1976 (act 104 of 1976) in section 97 saved the same by enacting that any amendment made or any provision inserted in the principal act by a state legislature or a high court before the commencement of this act shall except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act stand repealed. ..... rule 12 which is inconsistent with the principal act as amended by act 104 of 1976. ..... was amended by the aforesaid amendment act. .....
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Reported in : 2007(II)OLR17
..... he further submits that taking the allegations as above, on its face value, it can never be said that offence under section 13 (1)(d) of the prevention of corruption act or under sections 120b/420, ipc is not made out and during investigation, it has also come out that the petitioner would be liable for offence under section 409, ipc. mr. .....
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Reported in : AIR2007Ori120; 104(2007)CLT310
..... said body has been given the power to regulate its own procedure in all matters relating to discharge of its functions and has been authorized for the purpose of making any inquiry under the said act with some of the powers of a civil court and under sub-section (12) any proceeding before the said body shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and ..... the fee structure committee shall have the power to regulate its own procedure for discharge of its functions and for the purpose of making any enquiry under the act it shall have some of the powers of a civil court under the code of civil procedure, 1908 and every proceeding before such committee shall be deemed to be a judicial proceeding within the meaning of sections 193, ..... is therefore clear that bye-laws made by the central government such as the dentists act, medical council act, all india council for technical education act, pharmacy act, the field of higher and technical education has been occupied by the central laws ..... case, the apex court considered the andhra pradesh commissionerate of higher education act, 1986, enacted by the state legislature. ..... the objects and reasons of 1993 amendment would indicate, that the same was done for incorporating in the original act certain provisions with prior permission of the central government and those provisions must be followed by the state government for establishing a new dental college and starting new or higher courses or training in .....
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Reported in : AIR2010Ori32; 2009(II)OLR774
..... submitted that an arbitration clause cannot bar the consumer forums to adjudicate upon any dispute as the provisions of the consumer protection act, 1986 are not in derogation of any other law. ..... the company codified the main objects of the company and its articles are the regulation of the company to rule and regulate its acts in relation to the company with its subscribers, members/share holders and empower the company to achieve its goal ..... submitted that section 18 of the recovery of debts due to banks and financial institutions act, 1993 ousted the jurisdiction of other courts and authorities except the high courts and ..... . 1 company.section 17 and 18 of the recovery of debts due to banks and financial institutions act, 1993 provides the bar in respect of jurisdiction of other court or authority to adjudicate the matter relating to the recovery of debts due to financial ..... consumer dispute by them cannot lift the statutory bar of jurisdiction engrafted by sections 5 and 42 of the arbitration and conciliation act, 1996 for deciding the dispute filed in the debts recovery tribunal, cuttack. ..... . and enforcement of security interest act, 2002 and the recovery of debts due to banks and financial institutions act, 1993 being special statutes prevail upon the provisions of the general statute like arbitration and conciliation act.therefore, we are unable to accept the contention of the learned counsel for the petitioner that the debts recovery tribunal has no jurisdiction to adjudicate the .....
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Reported in : 2006(I)OLR708
orderi. mahanty, j.1. this writ application under articles 226 & 227 of the constitution of india has been filed in the form of a public interest litigation by one sri ashok kumar sahu and three others challenging the inaction of the police in deliberately and intentionally trying to suppress the involvement of various bureaucrats and officials and other important individuals in the alleged criminal conspiracy of forged postal national saving certificates (in short 'nsc') for abetting and assisting the principal accused persons in destroying the evidence and seeking a direction from this court to transfer investigation of the case to c.b.i. notices have been issued to the opposite parties and counter affidavit in this regard has been filed by the opposite party no. 3-inspector-in-charge of the town police station, baripada, district-mayurbhanj.mr. ashok mukherji, learned sr, advocate appearing on behalf of the petitioners submits that a deep rooted conspiracy and unholy nexus exists between the accused persons and police resulting the failure of the police in taking effective steps/investigation into the allegation made against the accused persons. the petitioner further averred that the police has intentionally not seriously investigated into the matter and obviously with the intention to assist the accused persons in the present case has hidden various important persons who may be connected with the crime and have also aided and abetted in the destruction of evidence. the .....
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Reported in : 2010(I)OLR653
orderb.k. nayak, j.1. this the second journey of the petitioner to this court seeking anticipatory bail under section 438, cr.p.c. in connection with nayagarh sadar p.s. case no. 32 of 2009 corresponding to g.r. case no. 393 of 2009 pending on the file of learned s.d.j.m., nayagarh for alleged commission of offences under sections 341/294/323/324/ 325/307/379/34 of the indian penal code.2. earlier the petitioner and anr. co-accused, namely, sanjaya sahoo filed application in this court for anticipatory bail in blapl no. 12849 of 2009 in connection with the very same nayagarh sadar p.s. case no. 32 of 2009. in the said bail application, the present petitioner figures as petitioner no. 1 upon hearing, a co-ordinate bench of this court passed order in that bail application on 28.08.2009 granting anticipatory bail to co-accused-sanjaya sahoo, but rejected the prayer for anticipatory bail of the present petitioner. the relevant portion of the said order in so far as it relates to the present petitioner is quoted hereunder:so far as petitioner no. 1 -niranjan sahoo is concerned, considering the gravity of the offence alleged to have been committed by him, i am not inclined to grant him anticipatory bail and reject the prayer.however, i grant liberty to petitioner no. 1 to surrender before the court below and move for regular bail, in which event the said court will dispose of the bail application of the petitioner on the same day it is filed. if thereafter the petitioner filed bail .....
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