Court : Orissa
Reported in : AIR1974Ori141; 40(1974)CLT301
..... i :-- any two or more intermediaries holding a joint interest in an estate which is borne either on the revenue roll or on the rent-roll of another intermediary shall be deemed to be one intermediary for the purposes of this act;explanation ii :-- the heirs and suc-cessors-in-interest of an intermediary and where an intermediary is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator shall be deemed to be an intermediary for the purposes ..... ' it is argued that the object of the abolition of the zamindari tenure being the elimination of intermediaries and the improvement of the lot of the actual tillers of the soil, the act cannot be made applicable in respect of lands lying waste such as the disputed lands in this case, because there being actually no tillers of the soil, there is no question of there ..... by section 13 (k) (b) and sub-section (1) of section 3 of the orissa estates abolition act, 1951 (hereinafter, referred to as the act), the state, by issuing notification no. s.r.o. ..... 13-i, the state government by issuing the impugned notification at annexure 4 dated the 3rd january, 1970 under section 13-k (b) and sub-section (1) of section 3 of the act declared that the disputed trust estate has passed to and become vested in the state free from all encumbrances.11. ..... in respect of a trust estate upon the issue of a notification under section 3-a of the act to make an application to the tribunal constituted under section 13-c claiming that the estate is a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori196; [1993]76CompCas366(Orissa)
..... of petitioners' argument is that the corporation having served the notice under annexure-3 calling upon the petitioners to pay up the amount by 15-3-1911 could not have seized the premises in exercise of power under section 29 of the act on 22-2-1991as per annexure-4 and that indicates the malice on the part of the corporation and according to the petitioners the said malice is apparent from the fact that immediately on seizing the premises, it was handed ..... by the orissa state financial corporation in exercise of their power under section 29 of the state financial corporations act, 1951 (hereinafter referred to as the 'act') inter alia, on the ground that the said power has been exercised mala fide and not in compliance with the rules of law ..... 3 issued a notice recalling the entire loan amount in exercise of powerunder section 30 of the act and it was indicated in the said notice that the outstanding amount of default as on 31-12-1990 was rs ..... therefore, the corporation issued notice recalling the loan under section 30 of the act on 4-2-1991. ..... -3, the petitioners were called upon to pay up the dues by 15-2-1991 and the petitioners did not pay up the dues by that date, the action of seizure under section 20 on 22-2-1991 cannot be held to be a mala fide act. ..... amount as against the petitioners by 30th of june, 1990 and called upon the petitioners to pay up the amount by 20th of september, 1990, failingwhich the corporation would be free to take over possession under section 29 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : (1992)104CTR(Ori)46; [1993]201ITR595(Orissa)
..... cuttack (hereinafter referred to as ' the assessee'), is established under the state financial corporations act, 1951 (in short,' the financial act'). ..... revenue, questions have been referred to this court under section 256(1) of the income-tax act, 1961 (in short, 'the act'), by the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'). ..... such loans in respect of which proceedings under sections 29 and 31 of the financial act are taken and suits are filed are termed by the assessee as well as similar other financial institutions of other states ..... were overdue and could not be recovered and proceedings under sections 29 and 31 of the financial act were initiated against the defaulters in various forums. ..... being moved under section 256(1) of the act, the questions have been referred for the ..... 1974-75 and 1976-77 are concerned, the revenue moved for reference under section 256(1) of the act and on applications being rejected by the tribunal, moved this court by applications under section 256(2) of the act for 1974-75 and 1976-77. ..... under section 32(6) of the financial act, the district judge is competent to investigate the claim of the assessee in accordance with the provisions contained in the code of civil procedure, 1908 (in ..... case, the tribunal was justified in holding that the total income on which deduction under section 36(1)(viii) is allowable should be computed before making deduction in terms of section 36(1)(viii) of the income-tax act, 1961 ?' 2. .....
Tag this Judgment!Court : Orissa
Reported in : 1992(60)ELT191(Ori)
..... development, ministry of industry, pursuant to the petitioner's application for setting up of a 100% export oriented undertaking for the manufacture of high-carbon ferro-chrome/charge-chrome issued an industrial licence under the industries (development & regulation) act, 1951, for the establishment of the said 100% export oriented undertaking in tehsil talcher, district of dhenkanal, in the state of orissa. ..... of goods for export out of india by 100% export oriented undertakings approved by the board of approvals, are exempted from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (act 51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the customs tariff ..... the central government in exercise of powers conferred by sub-section (1) of section 25 of the customs act, 1962, issued a notification exempting the capital goods, raw materials, components, etc. .....
Tag this Judgment!Court : Orissa
Reported in : 83(1997)CLT724; 1997(I)OLR494
..... the land being an intermediary interest vested on 18-3-1974 under the orissa estates abolition act, 1951 (hereinafter referred to as the 'act').it is the case of the petitioner that the said mahant executed a 'chirasthai patta' in the sal' 1352 in favour of one krushna chandra patra and delivered possession. ..... law is well-settled that section 8 (1) does not contemplate of any determination of rights by the authorities under the act in respect of rival claims claiming tenancy right, though on the administrative side, the appropriate authority may try to find out the person from whom rent is to be accepted. ..... of the additional tahasildar in annexure-12 still remained in force, the petitioner has challenged the same in this writ petition stating that the order is illegal having not been passed under any of the provisions of the act and further that the order was without any supporting material.3. ..... section 8-a of the act contemplates filing of claim application by the ex-intermediary under section 6 or section 7 of the act or a person claiming right under section 8 (3) of the act, but it does not contemplate filing of any application by a tenant claiming right under section 8(1). ..... act contemplates that a tenant in possession of any holding shall be deemed to be a tenant of the state government after the vesting. ..... 6 and 7 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR537
..... point that arises for consideration in this case is whether authorities under orissa survey and settlement act, 1952 ('in short, the, act') can ignore an order passed under the orissa estates abolilion act, 1951 (in short, 'estates act') on the basis that order passed under estates act was without jurisdiction.2. ..... learned counsel for state, the order being without jurisdiction, it was open to the authorities under the act to ignore them and not to take note of orders which were prima facie illegal. 4. ..... misra (2), learned counsel appearing for petitioners submitted that the authorities acting under the act have no jurisdiction to sit in judgment over any conclusion or order passed by a competent authority under another ..... 1972, one plot left out by mistake was also settied on lease principle by payment of salami and bank rent by the tahasildar, acting as collector under the estates act by order dated 31-3-1972. ..... rural district council, (1956)' ac 736 at page 769 lord redcliffe observed: 'an order even if not made in good faith is still an act capable of legal consequences. ..... 1966 under section 13-c of the estates act was filed by opp. ..... of debettor maufi interest under section 3a of the estates act was promulgated on 29-9-1965. ..... raise the plea of illegality of the order of settlement before an appropriate authority under the estates act. ..... submitted if orders were irregular or illegal as claimed, the same could have been assailed before a higher forum provided under the estates act. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR12
..... corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayments then, without prejudice to the provisions of section 69 of the transfer of property act, 1882 any officer of the financial corporation generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carries on the whole or a substantial ..... learned district judge, koraput, jeypore was justified in his view that the petition presented by the petitioner, orissa state financial corporation (hereinafter referred to as the 'corporation') under section 31 of the state financial corporation act, 1951 (in short, the 'act') was not maintainable having been filed beyond the prescribed time.2. ..... in support of the application the petitioner's learned counsel submitted that the proceeding under section 31(1) of the act is neither a suit nor an application to establish a claim, and is in the nature of one for attachment of properties in execution of a decree, and therefore article 136 was applicable, and not article 137 as held by the learned ..... as observed in maganlal's case (supra) an application under section 31(1) of the act cannot be put on par to a suit for enforcement of a mortgage nor the order passed thereon under section 32 of the act be put on par as if it was an order in a suit between a mortgagee and the mortgagor for sale of .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT694; 1996(I)OLR279
..... the petitioners in this writ application challenge legality of the order dated 6-11-1995, passed by the commissioner of endowments, purportedly under section 7 of the orissa hindu religious endowments act, 1951 (in short 'the act').2. ..... commissioner of endowments, berhampur subject to disqualification, if any, under section 29 of the act against the members so appointed, whichever is earlier. ..... (3) every non-hereditary trustee holding office immediately prior to the date of commencement of the orissa hindu religious endowments (amendment) act, 1978 shall cease to hold office as such on the completion of a period of two years from the date of his appointment or on the expiration of three months from the date of commencement of the said act, whichever is later. ..... the matter is stated to be pending consideration by the government, m the mean-time, in purported exercise of power under section 7 of the act, an interim trust board has been constituted with the stipulation that the said trust board will continue for one year or till formation of a regular trust board under section 27 of the act by the addl. ..... a reference to section 27 of the act is necessary for the purpose of disposal of the writ application. .....
Tag this Judgment!Court : Orissa
Reported in : [2005]141STC26(Orissa)
..... under section 6 the state government may exempt from tax the sale or purchase of any goods or class of goods and also withdraw such exemption, under section 7 of the act the state government can exempt in whole or in part any class of dealers from the payment of tax or allow any class of dealers to defer payment of tax, but ..... (sc) is that the industrial policy resolution is issued by the state government after the policy resolution is approved by the cabinet itself whereas the notification under section 7 of the bihar finance act is issued by the state government in the finance department to carry out the objectives and the policy decisions taken in the industrial policy resolution itself and therefore such notification cannot be repugnant ..... , obvious that even though it may be found that the government or any other competent authority had held out any promise on the basis of which the promisee might have acted, if public interest required recall of such a promise and such a public interest outweighed the interest of the promisee then the doctrine of promissory estoppel against the government would ..... the fourth notification was issued on 7th april, 1951 by the chief commissioner of delhi in exercise of powers conferred by section 36(1) of the act certifying as being triable under the said act in any area within the state of delhi any offence under any law other than the aforesaid act of which cognizance had been taken by a magistrate in delhi before 1st october, 1950 ..... act, 1951 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori42
..... the same is in flagrant violation of the principles of natural justice and on that score alone the order of the corporation dated 2-4-1979 taking over the industrial concern of the petitioners under section 29 of the act is hound to be set aside.12. as the order of the corporation directing the taking over the industrial concern of the petitioners under annexure-1 is to be set aside on the ground that it was ..... become necessary to enlarge the field of operation of the state financial corporation and to meet the growing needs of industries to offer financial assistance to augment the resources sufficiently, the act has been amended to enable the corporation to transact new kindsi of business like guarantee loan raised by the industrial concern from scheduled banks and guarantee default payment due from the industrial ..... over the possession of the industrial concern of the petitioner-company with the right to sell in exercise of its power under section 29 of the state financial-corporation act, 1951-(hereinafter referred to as 'the act') in pursuance of the notice under annexure-1 and handing over the possession of the same to the opposite party no. 3 ms. ..... the corporation had taken the plea in its counter that the question of intimating the petitioners regarding the action proposed to be taken under section 29 of the act does not arise for consideration in the facts and circumstances of the case, for the reason that if any such intmation were to be given, the important machineries .....
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