Court : Orissa
..... 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital ..... namely a cooperative society registered under the central or state cooperative societies act, preceding 1984 amendment act, had to acquire the land it had to do so in ..... maintained by the collector, hundreds of acres of lands of the government has been granted in favour of the company which grant is under rule 5 as mentioned in the records is not permissible in law for the reason that rule 5 of the orissa government land settlement rules, 1983 provides that all applications for settlement of government land in favour of the applicants irrespective of the purpose of lease or extent of ..... department again submitted the file to the law department for opinion drawing its attention to the certificate of incorporation of the foundation under the companies act, the amended certificate on name and the memorandum ..... tamil ..... after the aforesaid opinion was received, the administrative department was of the view that the second option to go through idco was not feasible and suggested to consider as to whether higher education department will sponsor and own the project directly and whether it would be ..... notice board of the tahasildar and a copy of the same shall also be sent to the gram panchayat or notified area council or municipality, as the case may be, under which the land is situated ..... municipal ..... municipal .....
Tag this Judgment!Court : Orissa
..... 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital ..... namely a cooperative society registered under the central or state cooperative societies act, preceding 1984 amendment act, had to acquire the land it had to do so in ..... maintained by the collector, hundreds of acres of lands of the government has been granted in favour of the company which grant is under rule 5 as mentioned in the records is not permissible in law for the reason that rule 5 of the orissa government land settlement rules, 1983 provides that all applications for settlement of government land in favour of the applicants irrespective of the purpose of lease or extent of ..... department again submitted the file to the law department for opinion drawing its attention to the certificate of incorporation of the foundation under the companies act, the amended certificate on name and the memorandum ..... tamil ..... after the aforesaid opinion was received, the administrative department was of the view that the second option to go through idco was not feasible and suggested to consider as to whether higher education department will sponsor and own the project directly and whether it would be ..... notice board of the tahasildar and a copy of the same shall also be sent to the gram panchayat or notified area council or municipality, as the case may be, under which the land is situated ..... municipal ..... municipal .....
Tag this Judgment!Court : Orissa
..... as per the aforesaid constitutional amendment, enjoining special responsibility to such corporations to address the burgeoning, complex and myriad of issues of urban life, separate corporation law, namely, the orissa municipal corporation act, 2003 was enacted comprising various chapters including chapter 21 under caption "slum or, informal settlement". ..... the schemes are implemented by sending utilization reports and progress on reforms by the state in order to avail the benefit of the budget allocation already made and also yet to be made for the years 2010-11 and 2011-12.the aforesaid directions are to be scrupulously implemented by the state government by submitting periodical status report to avail the benefit of the scheme within the period specified, and if the court finds that the progress in this ..... during the pendency of the petition, a second writ petition was filed by the basti unnayan mahasangha represented by the secretary ajit kumar lenka narrating more or less the same facts which are not required to be adverted to in this judgment as it would amount to repetition.5. ..... the second point is also answered accordingly in favour of the petitioners/slum dwellers and their children.18. ..... secondly, slum dwellers who were censured and were given identity cards must be provided with alternate accommodation before they are evicted. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR838
..... contained shall operate to give any court jurisdiction over suits the amount or value of the subject- matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.4.4) section 10 of the tamil nadu civil courts act, 1873 (for short 'civil courts act') empowers the state government to fix, and from time to time vary, the local limits of the jurisdiction of any district court or sub-ordinate judge's court under that ..... the civil courts act (as amended by amendment act no. ..... that arises for consideration in this appeal is whether a district court in the state of tamil nadu, does not have jurisdiction to try a suit under section 92 of the code.4. ..... we have also heard the learned counsel for the state of tamil nadu and registrar general of the madras high court to whom notices had been issued in regard to the interpretation of section 92 of the code of civil procedure ('code' for short), with reference to the ..... 13 of 2006) on the file of the principal district judge, cuddalore against the appellants under section 92 of code, seeking a direction to the second appellant to repay all the amounts spent by him after 20.6.2005 contrary to the terms of the supplementary deed of trust, and also to convene the trust meeting for approval of the income and ..... an interpreter cannot alter or amend the law. ..... of interpretation, the court should remember that it is not the author of the statute who is empowered to amend, substitute or delete, so as to change the structure and contents. .....
Tag this Judgment!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 : 2009(1)OLR133
..... principal who employs another to perform one or more services and who controls or has the right to control the physical conduct of the other in the performance of the service; employer & the law of master and servant is defined as relation between two persons, one of whom (the master) has authority over the other (the servant), with the power to direct the time, manner and ..... him or while performing duties of a legal character assigned by the governor or while discharging the functions conferred on him by or under the constitution or any other law for the time being in force, he is free to exercise his discretion, though according to law, and according to his best ability the governor or the state government is not empowered to ask him to discharge his functions or to perform his duties in the ..... tamil nadu ..... for the purpose of defining 'public office' as under:public office : essential characteristics of 'public office' are : (1) authority conferred by law, (2) fixed tenure of office, and (3) power to exercise some portion of sovereign functions of government, key element of such test is that 'officer' is carrying out sovereign function.essential elements ..... the entire law examined the nature of proceedings under the commissions of enquiry act, 1952 and reached the following conclusion:we may now sum up our conclusions:(i) the use of the accolade judicial or quasi-judicial to inquiries under the commissions of inquiry act, strictly ..... and commissioner municipal corporation hyderabad .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46
..... any other instrument having the force of law or in any other law for the time being in force, where any appeal from an appellate decree or orders is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment, decision or order of such single judge in such appeal or from any decree passed in such appeal.the said section was again amended by amendment act 46 of 1999 as follows:section 100-a ..... considered the submissions pragmatically and for the discussions made above, we have arrived at the following conclusions:(1) after introduction of section 100-a in the code of civil procedure by 2002 amendment act, no letters patent appeal is maintainable against a judgment/order/decree passed by a learned single judge of a high court. ..... that the said full bench was dealing with provisions of section 100-a was introduced by 1976 amendment act restricting only to an appellate order, whereas by 2002 amendment the said scope was expanded also to original or appellate judgment, decrees and orders.28. mr ..... (supra), the supreme court after considering various decisions has formulated the following propositions:(i) that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding. ..... the above amendment came to be considered by the supreme court in the case of salem bar advocate association, tamil nadu, etc ..... case of municipal committee v. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR620; (2008)16VST85(Orissa)
..... that section which is also reproduced hereinbelow:local area means the areas within the limits of any(i) municipality constituted under the orissa municipal act, 1950 (orissa act 23 of 1950);(ii) grama panchayat constituted under the orissa grama panchayats act, 1963 (orissa act 1 of 1965);(iii) other local authority by whatever name called, constituted or continued in any law for the time being in force;and includes the area within an industrial township constituted under section 4 ..... of 'octroi rules' were framed in exercise of the powers conferred under section 131 (kk) of the orissa municipal act under which octroi was collected in respect of goods entering into the local areas for sale, use and consumption ..... and goods so manufactured or produced; and(b) impose such reasonable restriction on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest.provided that no bill or amendment for the purpose of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.22. ..... state of tamil nadu : [1977]1scr1065 held as under:article 304(a) does not prevent levy of tax on goods; what is prohibits is such levy or tax on goods as would result in discrimination between the goods ..... secondly, the ban under article 303 (1) shall stand lifted even if discriminatory restrictions are imposed by the state legislature provided they fulfil the following three conditions, namely, that such .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
..... any form prescribed for the purpose of sub-section (4) (or sub- section (8) of section 8 which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this act or any rules made thereunder;(f) collects any amount by way of tax in contravention of the provisions contained in section 9-a);he shall be punishable with simple imprisonment which may extend to six months, or with fine, or with ..... the learned judges held that there is nothing in section 8(3)(b) of cst act to exclude the use of a generator as a standby measure and the court directed amendment of the certificate of registration of the petitioner by inclusion of generator ..... the learned judges held that the principle 'no mens rea, no crime' has long ago been eroded and several laws in india and abroad, especially regarding economic crimes and departmental penalties have created severe punishments where the offences have been ..... is that in the facts of the case, 'mens rea' is a necessary ingredient before imposing penalty on the petitioner and secondly that in the facts of the case mens rea on the part of the petitioner has not been established.37. ..... state of tamil nadu reported in (1994)93 stc 446, the high court of madras has held that a generator cannot be said to be machinery particularly connected with a floor milling even though generally a generator ..... kashipura municipality reported in air 1922 privy council held that there was a danger in attempting to give a definition of the .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... provision was there in section 241 of the income-tax act, 1961 before its substitution by the direct tax laws (second amendment) act, 1989 with effect from april 1, 1989. ..... section 14 of the act, it is pertinent to mention that the second proviso to the said section was inserted by way of amendment by act 23 of 1983 with ..... the assessee does not consist solely of income from interest on securities or dividends, within three months from the end of the month in which the total income is determined under this act, and(b) in any other case, within three months from the end of the month in which the claim for refund is made under this chapter, the central government shall pay the ..... -plaintiff has not himself suffered any loss or prejudice (having passed on the burden of the duty to others), there is no justice or equity in refunding the tax (collected without the authority of law) to him merely because he paid it to the state.it further concluded : 'that 'the material resources of the community' are not confined in public resources but include all resources, natural and man ..... 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 any tax, penalty or interest paid under this act, shall be allowed unless it is made within twenty-four months from the date on which the order of assessment or order imposing penalty, as the case may be, was passed or from the date of the ..... state of tamil nadu v. l. ..... municipal .....
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