Court : Orissa
Reported in : 2003CriLJ3627
..... clearly contains the allegations regarding the sample taken by the ..... committed by the company under the provisions of food adulteration act, the apex court observed as follows (paras 10 and 11):--'proceedings against an accused in the initial stages can be quashed only if on the face of the complaint or the papers accompanying the same, no offence is constituted, in other words, the test is that taking the allegations and the complaint as they are, without adding or subtracting anything, if no offence is made out then the high court will be justified in quashing the proceedings in exercise of its powers under section 482,in the instant case the complaint ..... section 34 of the drugs and cosmetics act, 1940 provides as follows :--'34. .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT307; 1986(II)OLR333
..... ), because at the time of the alleged seizure of drugs by seizure list ..... charges were framed against the respondent as follows :1) for contravention of section 18(c) punishable under section 27(a)(ii) of the act.2) for contravention of section 18(a) punishable under section 27(b) of the act.3) for contravention of section 18(a)(vi) punishable under section 28 of the act.the respondent pleaded riot guilty to the charges and denied that he had stocked the drugs.4 the learned judicial magistrate in the impugned judgment dealt with only the first two charges and found that there was contravention of the provisions of section 100 of the code of criminal procedure ('code' for short ..... the order of acquittal of the respondent passed by the learned judicial magistrate, banpur, for offences punishable under section 27 of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') is assailed in this appeal.2. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori31; 101(2006)CLT176
..... both these decisions related to the old arbitration act, 1940. ..... for an amicable settlement of the dispute, as the appellants entrusted the work to a third party, the respondents had no other alternative but to approach the district judge with the application under section 9 of the act.while supporting the impugned order, the learned counsel for the respondents submitted that even if the disputed property was ancestral property of the appellants, deceased satya prasad being the father and karta of the family had special power to alienate the same including the interest of the minor co-parceners, if any unless the transaction was tainted ..... in view of section 40 of the act, the agreement dated 5.7.1997 was enforceable against the appellants after the death of satya prasad despite the fact that the same was executed by satya prasad in his individual capacity, or as the karta of the family.as regards the question of limitation, counsel for the respondents submitted that the limitation to sue was three years from the date of cause of action and as per the clause of the agreement the construction work was to be completed within 48 months from the date of obtaining approval of the plan from cda. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(II)OLR584
..... 2 as arbitrator in exercise of the power under section 8 of the arbitration act, 1940 (hereinafter referred to as 'the act').2. ..... before any arbitrator on the date of commencement of the arbitration (orissa amendment) act, 1982 and in which no award has been made by the said date, shall stand transferred to and disposed of by the arbitration tribunal:provided that the state government may, by order in writing direct that the arbitration proceedings relating to disputes and claims involving rupees one crore or above, pending before any arbitrator or board of arbitrators on the date of the commencement of the arbitration (orissa amendment) act, 1982 (orissa act 3 of 1983) shall be transferred ..... to any special arbitration tribunal constituted under the proviso to sub- section (1) for .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori82; 61(1986)CLT194; 1986(I)OLR96
..... ' the appellant filed objection to the aforesaid award under sections 30 and 33 of the arbitration act on several grounds, whereas the respondent filed an application to make the award a rule of court and by the impugned judgment, the learned subordinate judge has rejected the objections raised on behalf of the appellant and has made the award a rule of court.3. ..... in my view, the determination made by the learned arbitrator in the facts and circumstances of the present case is perverse and such perversity on the part of the arbitrator amounts to misconduct within the ambit of section 30 of the arbitration act enabling a court of law to interfere with the award. ..... when the civil procedure code came to be revised in 1908, it was felt that the provisions relating to arbitration should be eliminated from the code and should be re-enacted as a comprehensive arbitration act and then ultimately the arbitration act was put on the statute book repealing the indian arbitration act of 1899 and second schedule of the code of civil procedure, 1908. ..... in course of time, it has been found that the manner in which the proceedings under the act are conducted and the decisions are challenged in courts, makes such proceedings highly technical accompanied by un-ending prolixity at every stage providing a legal track to the unwary informal forum chosen by the parties for expeditious disposal of their disputes. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori1; 53(1982)CLT150
..... not maintainable; (ii) there was no valid contract between the parties inasmuch as the contract had not been entered into by the secretary on behalf of the federation as required by the bye-laws; (iii) the civil court had no jurisdiction to entertain the dispute as it was covered by section 68 of the orissa co-operative societies act, 1962, and the court's jurisdiction is excluded under section 121 of the act; and (iv) notice under section 127 of the cooperative societies act is a condition precedent to initiation of the action and the proceeding has to fail for want of notice. ..... that being the position, even if there could be provision, for arbitration under the arbitration act of 1940, if the dispute came within the ambit of section 68 of the co-operative societies act, the arbitration act had no application and section 68 would peremptorily apply. ..... this appeal under section 39(1)(iv) of the arbitration act, 1940, is against the order of the learned subordinate judge of bhubaneswar directing the filing of the arbitration agreement.2. ..... clause 41 of the agreement ran thus:--'any dispute arising in the matter of execution, implementation or interpretation of this agreement or any provisions thereof shall be referred to arbitration under the provisions of the arbitration act of 1940. ..... 'the orissa co-operative societies act 2 of 1963, has received presidential assent and, therefore, can supersede the arbitration act of 1940. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori76; 49(1980)CLT373
..... , air 1972 sc 1507, it has been made clear that where all the disputes including a claim for payment of the amount with interest is referred to the arbitrator, the arbitrator can also award interest during the pendency of the arbitration proceeding.this court also in the aforesaid decision reported in air 1979 orissa 39, held that in view of section 29 of the arbitration act it was within the jurisdiction ol the arbitrator to award pendente lite and future interest till the date of the decree. ..... the supreme court in that case further held:-- 'before we proceed to consider these propositions, it is necessary to ascertain the scope of section 30 of the arbitration act, 1940, and the principles underlying that section. ..... 'regarding the jurisdiction of the arbitrator, it was held:--'the question of whether an arbitrator acts within his jurisdiction is, of course, for the court to decide, but whether the arbitrator acts within his jurisdiction or not depends solely upon the clause of reference. ..... in such cases the discretion of the court either for remission or for setting aside the award will not be readily exercised and will be strictly confined to the specific grounds, set out in sections 6 and 30, of the act. ..... the award can, of course, be corrected, modified or set aside only under the limited scope of the provisions made under sections 15 and 30 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori16
..... such application presupposes that the applicant accepts the position that the said act applies to the case and the arbitration act, 1940 has no application to the case. ..... company from terminating the contract on the grounds, inter alia, that time is not the essence of the contract and the contractual period expiring on certain date was gain subject to existence from time to time the necessary mobilisation advance promised was not made in time as per the agreement so as to keep pace with the work, the act of filing the suit, whole giving a go by to the arbitration agreement impinged upon the very arbitration agreement challenging the validity and therefore they contractor ought to be deterred from filing the same. ..... on two counts; that the plaint disclosed a cause of action and that the suit is barred under section 32 of the arbitration act, 1940 and has held that the plaint is liable. ..... to foreign buyers had not been made and no copies of such concluded contracts sent by defendant were pending either with the plaintiff acting as agent of omc alloys or with omc alloys against which deliveries were to be made, no copy of any such concluded contract was received either by the plaintiff or by the omc alloys prior to, on or after 14-4-1992.in this view of the matter no dispute between the plaintiff and the defendant under document dated 20-4-1982 existed on 14-4-92 or thereafter to attract arbitration clause .....
Tag this Judgment!Court : Orissa
Reported in : 54(1982)CLT214
..... it, various committees noticed the drawbacks in the existing provisions and advocated for consolidation and amendment of the law and its codification in a separate enactment and that is how the arbitration act, 1940 came to the statute book and the sch. ..... the power has been vested in the court under the various provisions of the arbitration act relating to the selection of arbitrator in the trust that the said power shall be exercised judiciously and with circumspection. ..... bengal regulation ix of 1883 authorised the settlement officers to refer disputes to arbitration.in 1834, the legislative council for india was constituted and act viii of 1859, the first code of civil procedure for india, was enacted in 1859 and chapter vi of the code contained provisions relating to arbitration. ..... on failure of the chief engineer to appoint arbitrator, the contractor moved the learned subordinate judge, cuttack, under section 8 of the arbitration act for appointment of an arbitrator. ..... various sections of the english act were verbatim transplanted to the indian soil. ..... to remedy this, indian arbitration act, 1899 was enacted basing on the english arbitration act, 1889. ..... i may, with profit, give an extract from a decision of the supreme court under section 10a of the industrial disputes act. ..... act xiv of 1882 revising the code did not touch the provisions ..... the act was repealed and consolidated by the civil p. c ..... the courts, therefore, must act in such a manner as the parties would be given a free choice.6 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori224
..... 33 of 1979 rejecting the petitioner's application under section 8 of the arbitration act, 1940 (hereinafter referred to as 'the act') for appointment of an arbitrator to adjudicate upon the disputes between the petitioner and the opposite party in respect of the petitioner's claim for rs. ..... the provisions of the indian arbitration act, 1940 and any statutory modification to be made herein will be applicable for resolving the dispute through arbitration. ..... upon hearing the parties the learned subordinate judge by his order dated 2-5-80 dismissed the petitioner's petition filed under section 8 of the act mainly on the ground that by virtue of the arbitration clause in the agreement the petitioner should havecontinued the arbitration proceeding before mr. ..... before section 8(1)(b) can come into operation it must be shown that (1) there is an agreement between the parties to refer the dispute to arbitration; (2) that they must have appointed an arbitrator or arbitrators or umpire to resolve their dispute; (3) anyone or more of those arbitrators or umpire must have neglected or refused to act or is incapable of acting or has died; (4) the arbitration agreement must not show that it was intended that the vacancy should not be filled and (5) the parties or the arbitrators as the case may be had not supplied the vacancy. .....
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