Judgment Search Results Home > Cases Phrase: the punjab right to service act 2011 Court: orissa Page 1 of about 34 results (0.113 seconds)

M/S.Tata Sky Ltd. Rep. Through Its M.D. and Ceo, S Vs. State of Orissa ...

Court : Orissa

..... state of punjab and another, (2011) 37 vst 1 (p & h), submitted that provisions of the orissa entertainment tax (amendment) act, 2010 and the amendment rules, 2010 to the extent providing for levy of entertainment tax on entertainment through dth broadcasting services is constitutionally valid. ..... entry 62 speaks of tax on entertainment but it does no.include the right to impose taxes on the provision of dth broadcasting service as a taxable event as in the case of broadcasting service taxable event is separately provided under entry 92-c. ..... levy of entertainment tax on dth broadcasting services, is an arbitrary action on the part of the state government and hence violative of article 14 of the constitution of india and such levy of entertainment tax is an unreasonable restriction on right to trade of the petitioner under articles 19(1)(g) and 301 of the constitution.14. ..... of a broadcasting agency or organization, having its head office situated in any places outside india, includes service provided by its branch office or subsidiary or representative 15 in india or any agent appointed in india or by any person who acts on its behalf in any manner, engaged in the activity of selling of time slots for broadcasting of any programme or obtaining sponsorships for programme or collecting the broadcasting charges or permitting the rights to receive any form of communication like sign, signal, writing, picture, image and sounds .....

State of Orissa Vs. Sankar Jena and ors.

Court : Orissa

Reported in : 2006(I)OLR657

..... , the administrative tribunals act, 1985.the act was enacted with the objective:.to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation or society owned or controlled by the government in pursuance of article 323-a of the constitution and for matters connected therewith or incidental thereto.section ..... punjab university reported in : air2003sc3331 held that the said decision of punjab and haryana high court was not a correct decision and the apex court while setting aside the judgment of the punjab and haryana high court held that the appointment of a woman superintendent in exclusive girls' college was not violative of articles 14 and 16 of the constitution of india and was not discriminatory. ..... several questions were raised before the tribunal by the state including the locus standi of the applicants to challenge the 1989 rules before the tribunal in the year 1996, after lapse of seven years, and that too, there being no cause of action as there was no order affecting the applicants by way of denial of their right to consideration for their promotion to the rank of c.d.p.os. .....

Executive Engineer, National Highways Vs. Industrial Tribunal and anr.

Court : Orissa

Reported in : (1995)ILLJ470Ori

..... in the aforesaid cases, on the basis of the mate- rials produced before the court, the learned judges of the punjab and haryana high court came to the conclusion that the establishment, construction and maintenance of the national state highways was an essential governmental function and was not analogous to trade or business and consequently it could not come within the ambit of an 'industry' as defined under the act. ..... on the merits of the reference, the tribunal held that the workmen had been illegally and arbitrarily retrenched without complying with the provisions of section 25-f of the act and accordingly the tribunal directed reinstatement in service with fullbackwages. ..... , the material question is, what is the nature of the actual function assumed - is it a service that the state could have left to private enterprise, and if so fulfilled, could such a dispute be 'industry'? ..... division, baripada, in terminating the services of sri parakshita behera and 37 others with effect from september 27, 1989, initially working as n.m.rs. .....

Barada Kanta Misra Vs. State of Orissa and anr.

Court : Orissa

Reported in : (1967)ILLJ663Ori

..... promotion as subordinate judge, and passed orders on a proper appreciation of the plaintiff's record of service, and in the best interest of the judicial administration of the state.the supreme court on an elaborate discussion on this point upheld the contention of the high court and finally held thatthe plaintiff had no right to promotion.therefore, the claim made on behalf of the petitioner that at the time of his appointment as additional district magistrate (judicial) he being the seniormost in the cadre of subordinate judges had a right to promotion by reason of his seniority alone and as such had ..... acts of the petitioner performed in the dis-charge of his duties as additional district magistrate (judicial) came to the notice of the high court and the latter called for an explanation from the conclusion that the petitioner's work was unsatisfactory and he was not suitable for dis-charging the responsibility of the office of additional district magistrate (judicial), the high court thereupon communicated their views to the government and the latter after considering all relevant matters agreed with the high court and ordered the reversion of the ..... in reply both on behalf of the government and the high court this report along with other documents were claimed to be privileged documents under section 123 of the evidence act and reliance was placed in support of this claim on the decisions in state of punjab v. s.s. .....

M/S. Mohanty and Associates and Another Vs. Officer on Special Duty an ...

Court : Orissa

..... thereafter, an application was made to the public information officer, circle office, punjab national bank under the provisions of the right to information act for supply of detailed information. ..... of unnecessary details, the short facts of the case of the petitioners are that petitioner no.1 is a partnership firm registered under the indian partnership act, 1932 and petitioner no.2 is the managing partner of the said firm. ..... on 23.5.2014, the 2 public information officer, punjab national bank supplied information, vide annexure-11 series, wherein it is evident that the indian banks association in its letter dated 18.02.2014, found the petitioners guilty in indulging malpractices while submitting their valuation reports to the state bank of india and ..... letter dated 11.03.2014, the deputy general manager, recovery division, punjab national bank, opposite party no.2, directed to all the circle office no.to assign any work to the blacklisted valuers.3. ..... per contra, mr.jena, learned counsel for the opposite parties 2 and 3, submits that the indian banks association had sent a letter on 18.2.2014 to the chief executives of all banks annexing therein the names of 25 valuers who had found guilty for indulging in malpractices while submitting their valuation ..... the head office punjab national bank, new delhi circulated blacklisted valuers, wherein the name of the petitioners finds place along with ..... the petitioners have been deprived of their vital and valuable rights to defend themselves .....

Hindustan Steel Limited Vs. State of Orissa

Court : Orissa

Reported in : 57(1984)CLT374; 1984(I)OLR575; [1985]59STC107(Orissa)

..... laxmi narain tandon, air 1970 delhi 224 (fb).in the result, we hold that the service of meals to visitors in the restaurant of the appellant is not taxable under the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, and this is so whether a charge is imposed for the meal or (sic. ..... at the instance of the assessee, the member, sales tax tribunal has referred the following question under section 24 (1) of the orissa sales tax acf, 1947 (hereinafter referred to as the 'act') for determination of this court:'whether on the facts and in circumstances of the case, sales in the workers' canteen were liable to be included in the gross and taxable turnovers of the assessee during the year 1968-69 for the purpose of assessment of sales tax ?'2. ..... we may point out that in the view which appeals to us we find ourselves unable to agree with the observations to the contrary made by the punjab high court in associated hotels of india ltd. ..... the first appellate authority held that the gross sale turnover of the workers' canteen was not exigible to tax as running of the workers' canteen was a welfare activity of the assessee, but the gross sale turnover of unserviceable materials had been rightly included in the gross and taxable turnovers as the assessee carried on business in unserviceable materials and collected sales tax from the purchasing dealers. .....

Dayanidhi Mohanty Vs. State of Orissa and anr.

Court : Orissa

Reported in : 75(1993)CLT789; 1993(I)OLR358

..... it is regarding employees of these corporations that it was stated in paragraph 117 that the corporate employers are impersonal and the service under them cannot be taken to be as mere contract of personal service, which was the reason under the common law and is the reason under the specific relief act not to specifically enforce the same. ..... shri nanda, however, submits that the fact that the petitioner was 'appearing' in some cases of which mention has been made in annexure 6/1 also would show that he was 'conducting his practice'' and not really serving the company which aspect of the matter had been taken note of in indian sulphacide's case (supra) by the punjab and haryana high court because of which the advocate was not regarded to be a workman. ..... 311 of the constitution, it was stated in paragraph 9 that the existence of relationship of employment was indicated by the state's right to select and appoint the holder of the post, its rights to suspend and dismiss him, its right to control the manner and method of his doing the work and the payment by it of his wages or remuneration. ..... but ordinarily the right of an employer to control the method of doing the work, and the power of superintendence and control may be treated, as strongly indicative of the relation of master and servant, for that relation imports the power not only to direct the doing of some work also the power to direct the manner in which the work is to be done. .....

Pakala Narayan Rao Naidu and ors. Vs. Gurunath Padhi and anr.

Court : Orissa

Reported in : AIR1953Ori3; 19(1953)CLT81

..... 94, where a pull bench held that a decree passed for the sale of certain property in contravention of the provisions of section 16 of the punjab alienation of land act could be challenged only in accordance with the procedure laid down in that act and that it was not open to the party at the execution stage to object to the saleability of the property on the ground that the decree contravened the said statutory provision. ..... that decision, however, is based on a construction of the special provisions of the punjab act in question and cannot be relied upon to support the general proposition that a decree passed in contravention of a statutory provision based on public policy must be executed at all costs.10. ..... but notwithstanding the absence of any mention about agriculturists in the bengal act, the federal court had no hesitation in saying that the bengal act was also a part of the scheme to relieve agricultural indebtedness.in this province, as in other provinces, an overwhelming majority of debtors are agriculturists and an act meant for the relief of the debtors must, in the circumstances, be held to be an act for the relief of agricultural indebtedness and the consequent economic upliftment of a very large section of the public. ..... chidambaram chettiar air 1947 mad 341', the same principle was followed and a decree for the sale of certain property (unenfranchised service inam lands) whose alienation was prohibited by statute or opposed to public policy was not executed. .....

Oberoi Palm Beach Hotel (P.) Ltd. Vs. State of Orissa

Court : Orissa

Reported in : [1970]26STC528(Orissa)

..... is also supported by a decision of a single judge of the punjab high court at chandigarh in associated hotels of india ltd. v ..... with all its grammatical variations and cognate expressions, any transfer of property in goods for cash or deferred payment or other valuable consideration, but does not include a mortgage, hypothecation, charge or pledge and the words 'buy' and 'purchase' shall be construed accordingly.thus, in order to constitute 'sale' there must be transfer of property in goods which would always constitute movable property. ..... dealer who carries on business of running a hotel or a refreshment or any other establishment for selling or supplying meals, refreshments, drinks and such other articles or as the manufacturer of confectionery articles for retail sale shall pay, in lieu of the tax assessable on his taxable turnover under the provisions of the act, a sum calculated at the rate of five naye paise in the rupee on a percentage of his annual turnover of sales as shown below:.... ..... :(1) whether on the facts and in the circumstances of the case, the assessee-company who makes one consolidated charge for providing their client with residential accommodations, services, linen, food etc ..... was negatived right up to the tribunal and accordingly the petitioner asked for a reference of the aforesaid two ..... the customer had no right to the food unless he took the same within the specified hour at the specified ..... he had not the right to transfer the food to some other place to be .....

Rushi Guman Singh Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2008(II)OLR201

..... laid down by this court in the case of punjab national bank : (1998)iillj809sc (supra) in which it had been categorically provided, following earlier decisions, that if the disciplinary authority does not agree with the findings of the enquiry officer that the charges are not proved, it has to provide, at that stage, an opportunity of hearing to the delinquent so that there may still be some room left for convincing the disciplinary authority that the findings already recorded by the enquiry officer were just and ..... it is specifically contended by the learned counsel that the disciplinary authority, which had disagreed with the findings recorded by the inquiring officer and had held that the charges against the petitioner were proved or established, had acted in violation of the 'principles of natural justice', inasmuch as, it did not give an opportunity of hearing at the stage when it developed the inclination that the findings recorded by the inquiring officer were not acceptable and were liable to be reversed. ..... this right being a constitutional right of the employee cannot be taken away in any legislative enactment or service rule including rules made under article 309 of the constitution.16. .....