Court : Orissa
Reported in : 2009(II)OLR161
..... proceeding between the prosecutor and the accused within the meaning of this section.the right of an accused to watch the prosecution witnesses deposing before a court of law indisputably is a valuable right.the sixth amendment of the united states constitution explicitly provides therefor, which reads as under:in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ..... nor in dispute that sub-section (1) of the said provision is in two parts the first part provides for proof of jurisdictional fact in respect of abscontion of an accused person and the second that there was no immediate prospect of arresting him.in the event, an order under the said provision is passed, deposition of any witness taken in absence of an accused may be used against ..... 25 thereof, sub-section (5) of section 14 thereof must also be held to have overriding effect over the provisions of code of criminal procedure and/or the indian evidence act and in that view of the matter the order dated 1st january, 1994 is unassailable(3) non recording of reasons, in any event, being only an irregularity, the provisions of ..... not rely on the proclamation made under section 82 of the code.it is in the aforementioned situation, we may consider as to whether sub-section (5) of section 14 of the act would be attracted.no application has been filed under the aforementioned provision.for invocation of the said provision, materials were required to be brought on record so as to enable the court .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori132
..... a constitution bench of five judges also declared the tamil nadu land encroachment act (3 of 1905) as constitutionally valid in air 1974 sc 2044 (pandia nadar v. ..... corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carries on the ..... municipal corporation of greater bombay) a constitution bench consisting of seven judges upheld the validity of the bombay municipal corporation act (3 of 1888) as amended by maharashtra act 14 of 1961 and the bombay government premises (eviction) act, 1955. ..... the high court after hearing the party may pass such orders as it thinks fit.section 46b clarifies the position that the provisions of the act and the rules made thereunder shall have effect in case they are inconsistent with any other law for the time being in force or any provision in the memorandum or articles of association of an industrial concern. ..... 5,000 an appeal would lie to the district judge with a second appeal to the high court, if recourse had been taken to civil court while under the act the appeal would always lie to the high court. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori1; 42(1976)CLT1097
..... than the rate at which it was assessable under section 4 or section 4-a of the principal act made at any time after the date of the commencement of the principal act and before the date of the publication of the amending act in the gazette would be deemed to be invalid or ever to have been invalid on the ground that such assessment or re-assessment or collection was not in accordance with law and such tax assessed or re-assessed or collected or purporting to have been assessed or reassessed ..... the state of orissa is not in session;and whereas the governor of orissa is satisfied that circumstances exist which render it necessary for him to take immediate action in the matter of validation of the actions of the municipal council of talcher municipality and its chairman in the manner hereinafter appearing:now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the constitution of india the governor of orissa is pleased to make and promulgate the following ..... period from the 6th february 1972 to the 20th february 1975 (both the days inclusive) on being appointed to exercise the powers and perform the functions of the said municipal council and its chairman, in the belief or purported belief that the talcher municipality was validly constituted, shall, for all intents and purposes, be deemed to have been validly taken and passed, and no such action or order shall be questioned ..... effect is the decision of the supreme court in the case of state of tamil nadu v. m. .....
Tag this Judgment!Court : Orissa
Reported in : 66(1988)CLT456; [1988]71STC25(Orissa)
..... broach borough municipality), in air 1971 sc 231 [state of tamil nadu (in both appeals) v. m ..... in these writ applications under article 226 of the constitution of india levy of tax under the orissa sales tax act (for short 'the act') amended in the year 1986, pursuant to the 46th amendment of the constitution is assailed by various petitioners from whom the assessing authorities claimed 'tax in respect of their business of works contract ..... constitution by the parliament and the basis of the levy being ultra vires the ordinance has no force ;(ii) without amendment of the definition of 'goods' in article 366(12) of the constitution and entry 64 of list ii of the seventh schedule, there is no scope for amending the act to bring within its sweep the transaction in works contracts ;(iii) 'taxable turnover' in section 5(2)(aa)(i) in respect of works contract is an arbitrary provision having no relationship with sale and purchase of goods which alone is ..... without making any change to the definition of 'goods' in article 366(12) and the power of the state legislatures to make laws for levy and collection of tax on sale and purchase of goods in entry 64, a new clause was added to article 366 as clause (29a) defining tax on the sale or purchase of goods ..... but the scheme under the orissa sales tax act being single point taxation, such goods for which tax would have been paid at the first point would be exigible to second point tax by virtue of the deeming provision contained in the definition .....
Tag this Judgment!Court : Orissa
Reported in : [1991]189ITR741(Orissa)
..... nothing contained in this clause shall apply to a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the buyer is fixed by or under any state act; (b) the right to receive any goods of the nature specified in column (2) of the table below, or such goods, as the case may be, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said ..... 51,000 every year in respect of the forests and the legal consequences of his making a default will be that the money will be realised by the coercive processes of law, and one could easily imagine that the property may be sold at auction and not fetch even the amount for the realisation of which it may be proposed to be sold ..... state of tamil nadu, : (1974)illj172sc , wherein it has been stated ..... urges that larger public interest has to give place to the fundamental rights of individuals, vide municipal corporation of the city of ahmedabad v. ..... where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is, therefore, violative ..... this amendment will take effect from april 1, 1989, and will, accordingly, apply to assessment year 1989-90 ..... this section shall not apply to any buyer in the second or subsequent sale of such goods. ..... as to the second reason, it is appropriate to say that, on this count, the department can well ask for acceptance of the kerala view which has upheld the validity of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori117
..... even if it is held, as the trial court erroneously did, that the plaintiffs are entitled to compensation under section 70 of the contract act, the relief that the plaintiffs would be entitled to, would be in no way different from what the plaintiffs are entitled to on the basis of ..... was only during the course of arguments, they introduced in paragraph 11(a) of the plaint, by way of amendment at that belated stage, the ingredients of section 70 without expressly mentioning section 70. ..... :'subject to the provisions of this act and of any law for the time being in force notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law- (a) alien on the goods for the price while he is in possession of them; (emphasis is mine) the relevant portion of section 47(1) reads :'subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to ..... obligation of person enjoying benefit of non-gratuitous act,-- where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore ..... municipal corporation of the city of poona, air ..... second, the thing done or the goods delivered is so done or delivered 'not intending to do so gratuitously '..third, the person to whom the goods are delivered 'enjoys .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... unless the case is committed to it by a magistrate under the code, has come to the conclusion that even though by virtue of the transitional provision, the offence committed under the act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court of session can exercise the said power only when the case ..... case have come to the conclusion that the powers of the high court to grant bail under section 439 of the code of criminal procedure are subject to the limitations contained in the amended section 37 of the n.d.p.s, act and the restrictions placed on the powers of the court under the said section are applicable to the high court also in the matter of granting bail. ..... certain difficulties faced in the enforcement of the act, the need to amend law to further strengthen it was felt necessary. ..... meaning of language falls short of the whole object of the legislature, a more extended meaning may be given to the words, if they are fairly suscoptible of it (see municipal corporation of the city of ahmedabad v. ..... to offences under the indian penal code, while the second category relates to classification of offences under other laws. ..... so far as the first and second situations are concerned, the magistrate even though considers the detention of the accused unnecessary, yet has no authority to release him on bail but must necessarily submit the records .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori157
..... the section conferring power on the central government to bring into force the constitution (44th amendment) act, 1978 was couched in the following language:--'it (meaning the constitution (44th amendment) act) shall come into force on such date as the central government may by notification in the official gazette appoints'thus, the parliament had left the matter to the judgment of the ..... all that is permissible in this context is that a court can, while judicially reviewing the decision, go to the extent of examining whether any reasonable person reasonably instructed in law could have come to the conclusion arrived at by the authority on the basis of the materials which were taken into consideration by the authority in arriving at the decision.26. ..... cannot by any token be regarded as sovereign inasmuch as even under the provisions of the orissa municipal act, 1950, licences have to be obtained from the municipalities as required by various provisions of that act. ..... (2) the second legal question answers almost itself because but for the negligence of the excise officials in taking due steps to enforce the provisions of the act, it is apparent that the illegal trading in liquor cannot take place, and ..... sc 872, and the second, state of punjab v ..... the second is that, according to us, it would be a relevant consideration only where very quick action is desired to be taken by the government to deal with a very important matter of public interest, to enable to do which government's mind has .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori107; 1993(I)OLR234
..... section 5(2) of the orissa entertainment tax act, 1946 (orissa act v of 1946) (hereinafter referred to as 'the act'), which was inserted in the act by the amending act, 19 of 1989 has been assailed ..... the rate at 20% is violative of article 14.the final sumission is that a fixed percentage of 20 (as specified in the notification) for all the cinema houses situated at the local areas in question, the same being the municipal councils/notified area councils of cuttack, bhubaneswar, puri, berhampur, sambalpur and rourkela is in violation of article 14 inasmuch as the location of the different cinema houses at different places yield varying amounts of income, which vary even ..... (2) notwithstanding anything contained in sub-section (1), in the case of cinematograph exhibitions held in any theatre in any local area under a municipal council or a notified area council constituted under the orissa municipal act, 1950, there shall be levied and paid to the state government a tax at such percentage, not less than twenty pereentum or more than forty pereentum of the gross collection capacity on every ..... state of tamil nadu, air 1990 sc 85, it would become clear, because of the tax under section 5(2) being on 'gross collection capacity', which expression has been given a special meaning by the explanation to the section, that ..... borough municipality, air 1961 sc 1358, in which the method adopted by the municipality for assessment of house tax not permitted by law was ..... reject the second contention .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... the reply of shri rao is that as appointment of special judges had also been made for 'more speedy trial' as would appear from the long title of the criminal law amendment act, 1952, whose section 6(l)(a) includes trial of offences under the prevention of corruption act, 1988, has failed to deliver the goods, as would appear from what has been stated in paragraph 5 of the preamble, the act was enacted to try a special class of offenders with 'utmost dispatch'. ..... state of tamil nadu (1987) 4 scc 238: (air 1987 sc 2117).53 ..... a combined reading of these two decisions, the first of which is by a constitution bench and the second by a division bench, would show that the burden cast by section 178-a of the sea customs act on the person noticed was held to be permissible in law, because the seizure had taken place on the reasonable belief that the goods were smuggled, as noticed in para 6 of pukhraj's case, to which our attention has been invited by shri rath ..... to this, the submission of shri rao is that this article is not attracted first because confiscation proceeding is not 'prosecution'; secondly because condemnation of goods is not a 'punishment'; and thirdly, the authorised officer is not a court. ..... , 1990 (hereinafter referred to as the principal bill) - (a) in the first paragraph, for the words and figures, 'during the period 1980-89' the words 'during the last several years' shall be substituted, and (b)in the second paragraph, the words 'during the said period' shall be omitted. .....
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