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Siba Prasad Sahoo Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1993Ori206

..... this petition was once heard and was allowed on 18-5-1990 by quashing annexures 3 and 4, by which the lease of the weekly market at hadabadada granted in favour of the petitioner by gram panchayat for a period of five years (1-4-1989 to 31-3-1994) was cancelled pursuant to the order of the government passed in exercise of the power under section 152 of the orissa gram panchayat act, 1964 (for short 'the act'). ..... (1) subject to the provisions of this act and the rules made thereunder, it shall be the duty of a gram panchayat, within the limits of its funds, to undertakes, control and administer and be responsible for the following matters in respect of the grama, namely : (a) to (s) xx xx xx xx(t) regulation of melas, fairs and festivals and establishment, maintenance and regulation of markets, hats and cart-stands including stands for carriage or motor vehicles within the meaning of the motor vehicles act, 1939 (4 of 1939) and registration of sales of animals in such markets, hats and fairs .....

Dibakar Pattanaik and ors. Vs. State of Orissa and anr.

Court : Orissa

..... in view of such recording, encroachment case no.1 of 1981-82 was initiated against the plaintiff under the orissa prevention of land encroachment act, 1972 and the plaintiff has been illegally assessed to penalty and back rent in spite of his objection. ..... the defendants filed a written statement stating that in the lease case no.1 of 1942-43 the plaintiff has been declared as "phala bhogi" of the mango tree standing on the suit plot and accordingly in the hal settlement the land has been recorded in favour of the state with possession note of the plaintiff in the remarks column of the r.o.r. ..... the learned state counsel, on the other hand, submits that the suit land was never leased out in favour of the plaintiff, in 1942, but only one mango tree standing thereon was leased out and therefore the possession of the plaintiff, if any, over the suit land was impliedly permitted only for the purpose of enjoying the fruits of the tree, which must be held to be permissive and not adverse in nature.6. ..... lease of the mango tree standing on the suit land in favour of the plaintiff necessarily implies grant of permission by the ex-ruler to possess the suit land for the limited purpose of preservation, protection and enjoyment of the tree and the fruits thereof. ..... the concept of 'nayabadi lands' and manner of settlement thereof finds mention in chapter-vii of the revenue rules of hindol state,1939. .....

Smt. Indumati Nayak (Bewa) Vs. the Additional Commissioner of Commerci ...

Court : Orissa

Reported in : AIR1992Ori71

..... according to that definition, commercial tax officer means any of the officers appointed under the orissa sales tax act, 1947 (for short 'the sales tax act') other than the commissioner, as the state government may, by notification, appoint to discharge any of the functions of the commercial tax officer under that provision in respect of any area. ..... , dated 19-2-1964 which, so far material, is extracted below:--'in exercise of the powers conferred by section 19 of the orissa entertainments tax act, 1946 (orissa act v of 1946), and in supersession of the notification of the government of orissa in the finance department no. ..... she was assessed for a period of seven months from 1-4-1986 to 31-10-1986 under section 9-a of the orissa entertainments tax act, 1946 (hereinafter called 'the act') read with rule 16-(1) of the orissa entertainments tax rules, 1947 (for short 'the rules') and extra tax demand of rs. ..... 287), reference was made to form iv read with rule 20 of the orissa sales tax rules, 1947 which required the assessee to furnish details of his turnover in each quarter and it was observed that the assessment must also be on the taxable turnover of each quarter. ..... of commercial taxes, (1989) 75 stc 247 (madras), tamil nadu entertainments tax act, 1939, as it stood before introduction of section 3(1-a) in 1974, was under consideration. .....

State of Orissa Vs. Dunda Oram and ors.

Court : Orissa

Reported in : AIR1978Ori74

..... disposed of by this judgment.as it appears from para 3 of the judgment of the learned single judge, two points only were raised by the state government, namely, (a) the addition of 25% to the estimated market value as potential value of the acquired land was illegal as that amount had already been taken into account in the fixation of the market value of the land and could not be assessed again and separately; and (b) since the sale deeds produced on behalf of the claimants were in respect of small parcels of land, they ..... state of orissa, (1968) 34 cut lt 1043, 50% has been added on account of general appreciation of prices in bhubaneswar and rourkela respectively (the present case relates to acquisition of land in rourkela) to estimate the value of the acquired property on the date of its acquisition with all its then existing advantages including realised possibilities. ..... the respondents asked for re-ferences under section 18 of the act and in the three references the learned subordinate judge of sundargarh enhanced the compensation amount to rs. ..... revenue divisional officer, visakhapatam, air 1939 pc 98 that sometimes it happens that the land to be valued possessed some unusual, and it may be unique features, as regards its position or its potentialities. .....

Durga Talkies and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1993Ori107; 1993(I)OLR234

..... the names of the local areas and the conditions regulating such levy and payment of tax.explanation - for the purpose of this section 'gross collection capacity' in relation to cinematograph exhibition means the notional aggregate of all payments for admission to a show (inclusive of the entertainment tax and the surcharge and additional surcharge, if any, on the entertainment tax leviable under this act), if all the seats or other accommodation in the theatre specified in the licence issued by the licensing authority under the orissa cinemas (regulation) act, 1954 were occupied by the ..... in pursuance of sub-section (2) of section 5 of the orissa entertainments tax act, 1946 (orissa act 5 of 1946), the state government do hereby specify that there shall be levied and paid to the state government a tax of twenty percentum of the gross collection capacity on every show in the case of cinematograph exhibitions held in any theatre in the local areas under the municipal councils/notified area councils of cuttack, bhubaneswar, puri, berhampur, sambalpur and rourkela with the condition that such tax shall be payable on an average of seventy shows per calendar ..... state of bihar, (1986) 34 bljr 502, and section 5 of andhra pradesh entertainments tax act, 1939, which came up for consideration in alankar theatre v. .....

Smt. Minakshi Patra Vs. Secretary, Irrigation and Power, Govt. of Oris ...

Court : Orissa

Reported in : 2001ACJ2137; AIR1999Ori137

..... the learned counsel appearing for the appellant while not disputing that the suit is one under section 1a of the fatal accidents act and article 82 of the limitation act is applicable, contends that in view of the provisions contained in section 9 of the limitation act and section 33 of the indian electricity act, the plaintiff had the right to wait for a reasonable period to get compensation for loss of life of her son and the period of limitation stopped running by virtue of the express statutory provision contained in section 9 of the limitation act and section 33 of the indian electricity act.7. ..... the trial court held that the suit being by a representative of the deceased for damages on account of death of the deceased due to negligent action of the defendants, the suit should be taken to be a suit under section 1a of the indian fatal accidents act and article 82 of the limitation act is applicable. ..... the chairman, orissa state electricity board, and the executive engineer, electrical division, rairangpur, who had been arrayed as defendants 2 and 3 filed one written statement denying the allegations relating to negligence on the part of the defendants. ..... baleshwar prasad bhagat; and air 1939 bom 1, narayan jiyaji patil v. .....

The State of Orissa Vs. Minaketan Patnaik

Court : Orissa

Reported in : AIR1953Ori160

..... this court has held in 'air 1951 orissa 261 (e)' that the principles laid down by the supreme court in 1953 orissa/22 & 23 granting special leave under article 136 would equally apply when leave to appeal is sought under article 134(1)(c). 23. ..... in my opinion this is a fit case for granting certificate to the state of orissa under sub-clause (c) of clause (1) of article 134 of the constitution for leave to appeal to the supreme court against the judgment of a division bench of this court in government appeal no. ..... emperor', air 1939 nag 13 (213), as to whether the principles of section 145, evidence act, should be applied to the previous oral statement of a witness also. ..... decision of this court in -- 'air 1951 orissa 261', (e), laying down the standard which should regulate the grant of leave under clause (c) of article 134(1) has been repeatedly followed by this court in a number of subsequent cases. ..... the question as to whether previous information arrange traps for detecting corruption amongst officials and the decoy officers of those departments who on receipt of witnesses engaged to assist them are, in law to be branded as accomplices has far-reaching importance not only in the state of orissa but also all 'over india and a final decision of this question would vitally affect all future prosecutions lor the offence of bribery. .....

The Divisional Manager, Oriental Insurance Co. Ltd., Cuttack Divisiona ...

Court : Orissa

Reported in : I(1997)ACC175; 1997ACJ284; AIR1996Ori120; 81(1996)CLT580; 1996(I)OLR217

..... act, 1939 and the discussion contained in the full bench judgment it appears that if the said proviso (ii) was not there, the liability in respect of death or bodily injury inflicted on any person by any vehicle in a public place would have been required to be covered by the insurance policy. ..... act, 1988') came into operation, the full benchdecision on the provisions of section 95 of the motor vehicles act, 1939 (hereinafter referred to as the 'm. v. ..... act, 1939 was intended to carve out the specified classes of persons from the general sweep of the main provision of sec. ..... act, 1939 and held that the said proviso excluded the passengers carried by a goods vehicle from the compulsory requirement of insurance coverage. ..... act, 1939 contained the same language as section 147(1)(b)(i) as it stood before the motor vehicles (amendment) act, 1994. ..... act, 1939, the full bench decision does not appear to be applicable in the matter of interpretation of sec. ..... act, 1939 brought the liability in respect of certain classes of persons out of the statutory requirement of compulsory insurance coverage. ..... act, 1939 excluding specified classes of persons from the statutory requirement of insurance coverage, has been omitted in section 147 of the m. v. ..... act, 1939') is not applicable to the present case. ..... 95(1)(b) of 1939 act in section 147 of the m. v. .....

Mrs. Yulitha Hyde and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1973Ori116

..... these are three applications under article 226 of the con-stitution essentially challenging the vires of the orissa freedom of religion act 2 of 1968 (hereinafter referred to as the act) and were heard analogously. ..... of his religion that he must bring non-christians into his religion, (c) though christians do not deny salvation for non-christians yet they believe that facilities available in their religion make the attainment of salvation smoother and more convenient and surer; (d) christians believe in the fatherhood of god and brotherhood of all men and, as such, they consider that all men are not only born equal but arc entitled to live as equals ..... . air 1947 pc 60, where dealing with the question of the extent of the invasion by the provincial legislation into the federal fields, the law lord said:--'no doubt it is an important matter not as their lordships think, because the validity of an act, can be determined by discriminating degrees of invasion, but for the purpose of determining what is the pith and substance of the impugned act ..... . according to him, the entry extends to the creation of new offences by legislation (air 1939 fc 58) and thus the act is intra vires the state legislature.an analysis of the act, however, has left no doubt in our mind that the pith and substance of the statute is not creation of offences and therefore, it does not relate to 'criminal law' .....

Kasi Prasad Sahu Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1963Ori24; 29(1963)CLT76

..... this is an application under article 226 of the constitution by an excise contractor residing in bolarigir district challenging the validity of the orissa timber and forest produce transit rules, 1958 (hereinafter referred to as the rules) requiring a permit from the authorised forest officials for transit of mahua flowers and other forest produce even though they have been collected from the lands of private parties and not from lands or forests belonging to government. ..... thus, on a mere interpretation of the expression 'forest produce' and bearing in mind the provisions of section 41 and other sections of the act mentioned above it must be held that government have the power by rules, to regulate the transit forest produce as defined in the act even though the said produce may not be the property of government.6. mr. a. ..... emperor, air 1939 lah 469 is also distinguishable because there the accused was convicted of the offence of theft; it is obvious that no one can be convicted of the offence of theft if he was himself the owner in possession of the article alleged to have been stolen.8. .....