Court : Orissa
Reported in : [1988]69STC76(Orissa)
..... the owner of goods, which were being transported in course of its business through the check gate established under the orissa sales tax act, 1947, is the petitioner in this writ application against a demand made by the officer-in-charge of the check gate at sohella.2. ..... rule 94 of the rules made under the act authorises issue of notice in form vib for removal of defects in the way bill. ..... however, the commissioner examined the matter as if an assessment under the act was sought to be revised. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori208; 18(1952)CLT58
..... 'whereas the state government is satisfied that with a view to preventing manmohan misra, s/o nilakantha misra of district puri from acting m any manner prejudicial to the maintenance of public order it is necessary so to do, the governor of orissa, in exercise of the powers conferred by clause (a) of sub-section (1) of section 3 of the preventive detention act, 1950 (iv (4) of 1950), as amended by the preventive detention (amendment) act, 1951, read with section 4 thereof, is pleased to direct, that in partial modification of the order of the government of orissa ..... of detention in certain cases:--for avoidable of doubt it is hereby declared that: (a) every detention order in force at the commencement of the preventive detention (amendment) act, 1951 shall continue in force and shall have effect as if it had been made under this act as amended by the preventive detention (amendment) act, and (b) nothing contained in sub-section (3) of section 1 or sub-section (1) of section 12 of this act as originally enacted shall be deemed to affect the validity or duration of any such order. ..... referred to in sub-section (1) shall be: (a) in every case, where at the commencement of the preventive detention (amendment) act, 1951, the person is under detention in pursuance of a detention order made under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1) of section 3, the date of commencement of the said act; and (b) in every other case the date of detentionunder the order. .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)
..... in the state financial corporation act 1951, while defining 'industrial concern' in section 2(c) parliament used the word 'manufacture' in respect of goods and 'generation' in respect of ..... rather parliament being aware that in the rules made under the central sales-tax act or in the definition of 'industrial concern' in the state financial corporation act 'manufacture' or 'production' has been used in respect of goods it has included electricity as goods for levy of tax ..... conclusion,(i) electricity is goods as has been held in the commissioner of sales-tax's case (supra),(ii) generation of electricity for the purpose of the act is manufacture or production of electricity, since the term 'manufacture' or 'production' is to be given a wide meaning, (iii) inclusion of tax leviable under the act on the board has rightly been included in the tariff as amended in the year 1980.10. ..... mohanti, learned counsel for the petitioner made his submissions to impress us that levy under the act on electricity is beyond the legislative power as provided in entry 84, list i of the seventh schedule to the ..... mohanti submitted that electricity is not goods and accordingly by section 36 of the act 19 of 1978 inclusion of item he to the first schedule to the providing for levy of duty on electricity at two paise per kilowatt-hour is beyond the legislative ..... can be no dispute that under sections 49, 49a and 59 of the electricity supply act, 1948 the board is competent to revise the tariff from time to time. .....
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT309; 1997(II)OLR156
..... petitioners call in question legality of order passed by the commissioner of endowments, orissa (in short, 'the commissioner') in a proceeding under section 35 of the orissa hindu religious endowments act, 1951 (in short, 'the act') seeking approval of the state government to disqualify mahant sri brajaraj ramanuj das (petitioner no.2) from continuing as hereditary trustee of sri pandit math (petitioner no. ..... sub-section (2) provides that the commissioner after enquiry in accordance with the provisions of the act and so far as may be, of the code of civil procedure, 1908 (in short, 'the code') relating to trial of suits and with the prior approval of the state government can declare by an order in writing that a trustee is to be disqualified either ..... learned counsel for petitioners, the statutory mandate of section 35(5) of the act was not kept in view and recruitments of managing a math in a proper manner does not appear to have been kept in view by the commissioner. mr. a.s. ..... 2 is to be disqualified in view of nomination made under section 39 of the act the nominated person has to be appointed in place of disqualified trustee. ..... a few provisions of the act need to be noted for appreciating the rival stands. ..... section 35 of the act deals with disqualification of hereditary trustees. ..... the state government was to be moved for the purpose of approval in terms of section 35(2) of the act.2. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT61; [2006]132CompCas840(Orissa)
..... on the above analysis, it was held that the proviso to sub-section (1) of section 529 & 529-a of the companies act, 1956 will control section 29 of the act, 1951 and the liquidator shall be entitled to represent the workmen and force the above pari passu charge and, therefore, the company court was fully justified in imposing conditions to enable the official liquidator to discharge ..... party-company has been seized by the orissa state financial corporation under section 29 of the state financial corporation act, 1951 on 4.11.2004 and proposals for settlement have been filed by the opp. ..... his function properly under supervision of the company court as the new section 529-a of the companies act confers upon a company court a duty to ensure that the workmen's dues are paid ..... it further held that both section 29 of the act, 1951 and section 529-a of the companies act have competing non-obstante provisions but proviso to sub-section (1) of section 529 and 529-a being a subsequent enactments, the non-obstante clause in section 529-a prevails over the non-obstante clause found in section 29 of the act, 1951. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori92
..... his written statement contending, inter alia, that the election petition as laid is not maintainable both on facts and in law; there has been no compliance of the requirements of sections 81, 82 and 117 of the representation of the people act, 1951 the election petition is defective the same having not been properly attested; the petition is not in proper form and that the affidavit in support of allegation of corrupt practices are not in order inasmuch as no specific date ..... act, 1951 have been substituted by sections 86 and 87 of the r.p. ..... act, 1951. ..... case contending that section 86 of the representation of the people act is not attracted to the instant case as the power available to the court under section 86 of the r.p. ..... .verification by notary or any other prescribed authority is a vital act which assures that the election petitioner had affirmed before the notary etc. ..... act can be exercised only fornon-compliance of the provisions of section81, 82 and 117 of the said act. ..... (amendment) act, 1966).in f.a. ..... act. ..... act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori191
..... jagdamba oil mills, air 2002 so 834 (supra) that the corporation while exercising its power under section 29 of the state financial corporation act, 1951 need not follow the strict procedure laid down in the earlier decision of the supreme court in mahesh chandra's case as the supreme court was of the view that the procedure indicated in mahesh chandra's case ..... the aforesaid guidelines issued in mahesh chandra's case place unnecessary restrictions on the exercise of power by the financial corporation contained in section 29 of the act by requiring the defaulting unit holder to be associated or consulted at every stage in the sale of the property. ..... hence, the osfc in exercise of its power under section 29 of the act was justified in taking over the unit of the petitioner. ..... act and if any surplus amount is payable to the petitioner, the same shall be refunded to the petitioner within three months from today.a.k. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori72; 100(2005)CLT729
..... common objection, which was raised by the executive officer, was regarding want of jurisdiction of the district forum to decide the dispute and further that the permission granted under section 19 of the hindu religious endowments act, 1951 (in short 'endowment act) stood expired on expiry of period of six months from the date of disposal of the above noted o. a. no. ..... 0.05 decimals of land from the present appellant after due permission from the endowment commissioner as required under section 19 of the orissa hindu religious endowment act, 1951. ..... therefore, once the landed property of a public religious institution is involved, if it is covered by the provision of endowments act, and by virtue of provision in section 73 of the endowments act jurisdiction of all other courts are ousted. ..... keeping in view different provisions in the endowments act and particularly sections 19 & 73 read with section 3 of the consumer protection act, 1986 (in short 'c.p. ..... they however did not give any reply to the argument of the petitioner in the context of section 19 & 73 of the endowments act and section 3 of the c. p. ..... act and the motor vehicles act the latter is a special statute and the provisions therein are to supersede in its operation both relating to the manner and the forum which should determine a motor accident claim. ..... act and the endowments act the latter statute is a special law and the former is a general law and, therefore, the special law has to supersede the general law. .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT221
..... patra, sri birandra pratap swain, sri pravajan pattanaik, sri bankim behari pattanaik and sri chiranjibi datta as interim non-hereditary trustees of the aforesaid temple under section 27 of the orissa hindu religious endowments act 1951 for a period of two years from the date of this order. ..... commissioner passed the order under section 27 of the said act appointing the five non-hereditary trustees by the impugned order dated 27.8.2002. ..... commissioner does not perform a quasi judicial function but only as an administrative act as has been held by this court in rajkishore v. ..... it is, however, open to the petitioner to file a dispute under section (1) of the act before the asst. ..... in the said decision it has been clarified that under section 27 of the act, the asst. ..... rath that for exercising power under section 27 of the act the asst. ..... misra, learned counsel for the petitioner submitted that under section 27(1) of the orissa hindu religious endowments act, the asst. ..... commissioner of endowments claiming his rights as indicated in the said provision of the act.7. ..... commissioner could not have exercised his power under section 27(1) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 1984(I)OLR299
..... in this writ application challenges the proceeding under section 42 of the orissa hindu religious endowment act, 1951 (for short, the 'act'. ..... in the result the writ application is allowed, the proceeding under section 42 of the act is remanded to the deputy commissioner of endowment who will dispose of the same in accordance with law keeping in view the direction made above, ..... as already stated the enquiry envisaged under section 42 of the act by the commissioner should be in conformity with the provisions of the code of civil procedure giving adequate opportunity to the persons who are likely to be ..... 5 submits that this proceeding under section 42 of the act may be unnecessary in as much as a scheme has already been settled in respect of the main institution of which the disputed institution is ..... an institution managed by a hereditary trustee, the proceeding under section-42 of the act for framing of a scheme should be by the commissioner of endowments. ..... the language of section 42 of the act is clear that on receipt of a report from the assistant commissioner, the commissioner is to make an enquiry for the purpose of deciding as to whether a scheme for proper administration of the institution shall be framed ..... the provision in section 42 of the act is to the effect that the assistant commissioner of endowments shall submit a report to the commissioner of endowment who shall hold an enquiry in the manner prescribed and if he is satisfied after enquiry that in the interest of the proper .....
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