Court : Orissa
Reported in : 2006(II)OLR654
..... the moot question that needs determination in this case is whether a vehicle seized for alleged commission of an offence under the wild life protection (amendment) act, 2002 (hereinafter referred to as 'the act') can be released in the zima of the owner thereof pending final decision in the case. ..... learned sdjm relying upon the provision of section 39(d) of the act which stipulates that any vehicle, vessel, weapon, trap or tools used for commission of offence and seized under the provision of the said act becomes a government property, rejected the said petition filed by the petitioner.3. mr. ..... misra submitted that in the said case this court had clearly held that a vehicle seized in connection with commission of offence under the act becomes a property of the state and the same cannot be released in the zima of the owner thereof.5. ..... for arriving at such conclusion an adjudication process has been specified under the act itself and before such adjudication it cannot be presumed and/or concluded that a property seized in connection with alleged commission of an offence under the act becomes that of the state. ..... according to him an offence under the act being very serious in nature and as there is likelihood of user of the same vehicle for commission of similar crime again, it would not be desirable to release the vehicle. .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT729
..... ; and (iv) in the event of any society failing to so amend its bye-laws and ..... the members of the society as far as practicable representing the scheduled castes, scheduled tribes, other backward classes and women, shall manage the affairs of the society till the committee is constituted in accordance with the provisions of this act as amended by the orissa co-operative societies (amendment) act, 2001; (iii) every society referred to in sub-clause (ii) shall amend its bye-laws, as may be necessary, so as to bring them in conformity with the provisions of this act as amended by the orissa co-operative societies (amendment) act, 2001 and reconstitute the committee within six months from the date of commencement of the said act ..... nagraj, air 1997 sc 2925; and joint registrar, co-operative societies, kerala v. t. a. .....
Tag this Judgment!Court : Orissa
Reported in : 69(1990)CLT440; 1990CriLJ2626
..... in the premises of the above discussion, i am of the view that section 7, as amended by amendment act 63 of 1984, which came into operation on 2-10-1985, was not retrospective, but prospective in its effect. ..... 'there is no indication in the section nor any where in the amendment act to show that the new section is retrospective in operation. ..... it is further to consider if chapter xxxvi, particularly section 473 of the new code shall be applicable to a case instituted on a complaint for an occurrence which took place prior to coming into force of amendment act 63 of 1984 completely doing away with limitation with regard to taking of cognizance of cases under the act. ..... ' the dowry prohibition (amendment) act, 1984 (amendment act no. ..... in view of the aforesaid principle and in the absence of indication of intention of the legislature to give retrospective operation to the amended section 7 of the act, manifestly, cognizance of offence under the act which took place in 1982 could not be taken on 6-2-1985 according to section 7(1)(b) as it stood prior to the amendment. ..... 'it is to be noted that sub-section (3) was added to the new section by amendment act 43 of 1986. ..... section 6 of the amendment act no. ..... in view of the above discussion, i am of the opinion that even to a case under section 7 of the act before its amendment, provisions of section 473 of the new code are applicable and in a suitable case on being satisfied, the court may condone limitation for the purpose of taking cognizance. mr .....
Tag this Judgment!Court : Orissa
..... it is further urged that the provisions of the impugned act are repugnant to the provisions of prevention of money laundering act, 2002 as amended by the prevention of money laundering (amendment) act, 2009 (act 21 of 2009) and hence violative of the provisions of article 254(1) of the constitution of india.16. ..... courts due to congestion of work and other reasons cannot reasonably be expected to bring those prosecutions to a speedy termination, therefore, it was imperative for the efficient functioning of the parliamentary democracy and the institutions created by or under the constitution of india that the commission of offences referred to in the recitals aforesaid should be judicially determined with utmost dispatch and for the said purpose it is necessary to establish additional courts presided over by sitting judges of high courts and whereas it is expedient to make some procedural ..... that its main object is to provide for the speedy trial of a certain class of offences with reference to the commission of enquiry and investigation conducted by the government through its agency disclosed the similar offences committed during the period of conferment of powers upon the officers of the state is a trust and holders of high public and political offices are accountable for the exercise of their powers in all cases where commission of inquiry act, 1952, or investigations conducted by government through its agencies disclose offences committed .....
Tag this Judgment!Court : Orissa
..... . learned senior counsel mr.jayant das on behalf of the petitioners has rightly rebutted the said legal contention by aptly placing strong reliance upon section 4 (1) amendment of the l.a.act by including the phrase or for a company which was inserted by act 38 of 1923 under section 2 (o) of the amendment act ..... the opinion formed by the state government for declaration that the lands notified in the preliminary notifications are needed for the company for establishment of a university which was not in existence either under the orissa universities act or the university grant commission act at the time of initiation of the proceedings or at the time of publishing the declaration notifications under section 6. ..... . bar council of kerala (supra) after referring to its earlier decision and privy council decisions at paragraphs 31 and 32 extracted earlier has clearly laid down the law that the procedure laid down in the statute must be strictly adhered to otherwise the action is void ab initio in law ..... . large numbers of men, women and children who constitute the bulk of our population are today living a sub-human existence in conditions of abject poverty; utter grinding poverty has broken their back and sapped their moral fibre .....
Tag this Judgment!Court : Orissa
..... . learned senior counsel mr.jayant das on behalf of the petitioners has rightly rebutted the said legal contention by aptly placing strong reliance upon section 4 (1) amendment of the l.a.act by including the phrase or for a company which was inserted by act 38 of 1923 under section 2 (o) of the amendment act ..... the opinion formed by the state government for declaration that the lands notified in the preliminary notifications are needed for the company for establishment of a university which was not in existence either under the orissa universities act or the university grant commission act at the time of initiation of the proceedings or at the time of publishing the declaration notifications under section 6. ..... . bar council of kerala (supra) after referring to its earlier decision and privy council decisions at paragraphs 31 and 32 extracted earlier has clearly laid down the law that the procedure laid down in the statute must be strictly adhered to otherwise the action is void ab initio in law ..... . large numbers of men, women and children who constitute the bulk of our population are today living a sub-human existence in conditions of abject poverty; utter grinding poverty has broken their back and sapped their moral fiber .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ4151
..... is submitted that other interpretation would frustrate the object of the amendment act whereby the power to grant interim release of the property allegedly used in commission of offence has been taken away. ..... in a case decided in respect of an offence committed under the forest act has already decided that once seizure is reported to the magistrate or once the vehicle used for commission of the offence under the forest act is produced before the magistrate, it is the magistrate who has the power to release the vehicle or the property seized. ..... court has decided in the case of satyabrata madjhi 2000 (1) olr 230 (supra) that after seizure of a vehicle for commission of the offence under the act, it becomes the property of the state government, in view of the reasonings given by the full court of jataalpur bench of madhya pradesh high court, i am of the view that the full bench has laid down the correct proposition of law. ..... no finding till date by a competent court of law that the vehicle had been used for commission of the offence under the act and the materials existing on record only indicate that an allegation has been made by the prosecution that the vehicle was used for commission of the offence. ..... vessel can be seized on accusation of commission of an offence under the act and if the offender is available and is arrested, on proof of his guilt, the property seized from him and used in commission of the offence is liable to forfeiture to the state under section 51(2) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT269
..... some writ petitions were filed and the high court declared the executive action as invalid in the light of the kerala government land assignment act, 1960 and pointed out that the assignment was in contravention of the act. ..... it has been further stated in the counter affidavit that since the government is the absolute owner of the lands acquired and as per section 10 of the act, 1948 read with rule 17 of the rules, 1948, the state government having the power to deal with such land and the members of the petitioner association having been paid compensation for the land acquired by the government, the allegations made in the writ petition are not correct.4. ..... we are not in agreement with the contention raised by the learned counsel in view of the fact that no different intention appears from the repealing act as the repealing act only says that the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 is repealed and in such case the provisions of section 5 of the orissa general clauses act would be applicable, the relevant part of which is as under:5. ..... 4462 of 2002 and one prafulla kansari a displaced person for and on behalf of displaced persons of rourkela filed w.p.(c) no. .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT703; I(1994)DMC228
..... the above part, as per the proviso added to section 115 by the amendment act of 1976, a high court cannot interfere in revision unless the order has either finally disposed of the suit or other proceeding, or, if allowed to stand, would occasion in failure of justice or would cause irreparable injury to the party against whom it was made. ..... there is no doubt that the above provision in the aforesaid act supersedes the personal law of the muslims but for the absence of the word 'for' in section 3(1)(a), it cannot be said that a divorced wife is entitled to maintenance beyond the iddat period. ..... section 3(1)(a) of the said act may now be examined to find out the correctness of the finding of the learned subordinate judge which is extracted below :--'mahr or other properties of muslim woman to be given to her at the time of divorce--(1) notwithstanding anything contained in any law for the time being in force, a divorced woman shall be entitled to--(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;xx xx xx '12. ..... question is whether any relief can be granted to the petitioner in the present proceeding for section 115 of the code to operate, the subordinate court must have either exercised jurisdiction not vested in it by law or failed to exercise jurisdiction so vested in it or must have acted in exercise of jurisdiction illegally or with material irregularity. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT309; 2006(II)OLR154; [2006]148STC61(Orissa)
..... under assessed or where tax has been compounded when composition is not permissible under this act and the rules made thereunder the commissioner may at any time within five years from the expiry of the year to which that period relates call for return under sub-section (1) of section 11 and may proceed to assess the amount of tax due from the dealer in the manner laid down in sub-section (5) of this section and may also direct, in cases where ..... not exceeding 12 months ending on...has exceeded 25,000 but that you have nevertheless without sufficient cause failed to apply for registration under section 9 of the act.whereas it appears to me that in accordance with the provisions of sub-section (5) of section 4 of the orissa sales tax act, you have become liable to pay tax on sales and/or purchases from the date of commencement of the business but that you have nevertheless without sufficient cause failed to apply for registration under section ..... in kameshawar singh, the apex court found that the words 'any reason' in section 26 of bihar agricultural income tax act are of wide import and dispense with the conditions under section 34 of income tax act, prior to its amendment in 1948. ..... here also in section 19 of kerala general sales tax act, the expression 'for any reason' occurred. ..... (c) the last judgment in this series cited by the learned counsel for the revenue was a division bench judgment of kerala high court in the case of t.p. .....
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