Court : Orissa
Reported in : 99(2005)CLT38
..... that the expression 'owner' must be held to mean the 'registered owner' of the vehicle in whose name the vehicle stands registered under the provisions of the motor vehicles act.in view of the aforesaid interpretation of the expression owner in sub-section (3) of section 60 of the ndps act, the appellant cannot be permitted to urge that the order for confiscation is bad, as he had no knowledge of the fact that the vehicle was used for carrying any narcotic ..... , the divisional forest officer, puri division, khurda to release the vehicle in favour of the corporation for proceeding in accordance with section 29 of the orissa state financial act, 1951 (in short 'the act 1951'). ..... since all such money advanced by the petitioner osfc can be treated as a public demand as envisaged in orissa public demand recovery act and is being treated as a charge, in that event, any confiscation of the vehicle shall be subject to the charge of the osfc. ..... 1200 of 1995 the osfc cannot be treated as the owner within the meaning of the provision in the motor vehicles act and for realisation of the outstanding loan petitioner may proceed against the loanee in accordance with law. ..... however, we find that when a proceeding for confiscation is undertaken, under section 56 of the act, against a vehicle for committing any forest offence, at that stage, there is no debarring provision in that section or any other provision in that act to make the order of confiscation subject to satisfaction of any encumbrances. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori38
..... 128 of 1968 under section 41 of the orissa hindu religious endowments act, 1951 (hereinafter referred to as the act) having lost both in the court of the assistant commissioner of endowments as well as in appeal in the court of the commissioner of endowments has preferred this appeal alleging that the findings of the learned courts ..... even if the raja was completely out of management for the period when the exe cutants of the seba samarpana patra or their ancestors were acting as sebayat, yet the right of the founder to trusteeship was always these and it again devolved upon him to carry an the sebayat ..... dadhibaban deb (1961) 27 cut lt 437 and the relevant passage of that decision is quoted herein below: -- 'in the new act the position has been made absolutely clear that unless devolution by hereditary right is shown to have continued uninterruptedly from the time of the founder of the institution, the trustee cannot be ..... devolved by hereditary right without a break, since his time till the date of dispute which gave the cause of action for a petition under section 41 of the orissa hindu religious endowments act it has likewise been held in at decision of this court in the case of commissioner of hindu religions endowments, orissa v. ..... when a petition under section 41 way pending, there was no justification for taking action under section 27 of the act such is not the case here and as such it does not help the appellant in any way. ..... act, 1951 for a period ending 81-3-1965 from .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori156
..... of the estate even after vesting as the dues were for the period before vesting and were protected under section 49(1) (iii) of the orissa estates abolition act, 1951 (act i of 1952); there was no partition in the plaintiff's family and the plaintiff had liability to meet the demand; the land attached, however, was not within the writ issued for attachment and though such a ..... 1's estate was under the court of wards by the date of the suit and he has also been described in such a manner, the description being, 'sri ramkrishna dev, being a ward under the court of wards act, represented by the collector, court of wards, koraput.' mr. ..... was mandatory and the provision of section 53(1) of the orissa court of wards act requires such notice as a condition precedent to a suit. ..... a further stand was taken that the suit was bad for want of notice under section 53(1) of the orissa court of wards act, 1947 (act 36 of 1947).4. ..... rao, section 53(1) of the orissa court of wards act provides thus:--'(1). ..... misra, learned counsel for the plaintiff, contends that the case in question does not come within the purview of section 53(1) of the orissa court of ,wards act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori281; 74(1992)CLT241; [1994]80CompCas443(Orissa)
..... with the regional transport officer, sambalpur by the officials of the corporation to take the bus into their custody, but having failed to do so, a notice under section 29 of the orissa state financial corporation act, 1951 was issued against the petitioners asking them to clear up the outstanding, failing which they were informed that the properties mortgaged in favour of the corporation shall be dealt with in accordance with section 29 of the act. ..... principal debtor in the event of its breach, the contract being known as 'fianca' (surety), it may be stated here that a person who gives guarantee is also called a 'surety', as stated in section 126 of the contract act -- it was held that the surety cannot be compelled to pay the sum assured unless the creditor first realises the debt due from the properties of the principal debtor, except in the case contemplated by section ..... this may not, however, detain us because that code perhaps had no provision parallel to that in section 128 of the indian contract act, which has provided that :--'the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract'.it is because of this section that in damodar prasad case it ..... mills, air 1986 sc 868 : (1986 all lj 621) in paragraph 7 of which, after referring to section 128 of the contract act, it was observed that the liability of a surety is immediate and is not deferred until the creditor exhausts his remedies against the principal .....
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori194; 52(1981)CLT319
..... like elections held under the representation of the people act, 1951, it is conceded at the bar, that the process should have started afresh. ..... 1), issued notice under section 28 of the orissa co-operative societies act (hereinafter referred to as the 'act') for holding election to the board of directors of the bank in a general body meeting of the bank which was scheduled to be held on 20-7-1980 for the said purpose. ..... section 109 (1) (e-1) of the ant inserted into the statute by amending act 21 of 1970 provides that an appeal shall he against an order touching the election of members of the committee of any society. ..... 3 alone has filed a counter-affidavit wherein inter alia it has been contended that section 68 of the act provides for raising a dispute against the election. ..... the fourth explanation to section 68 (1) of the act provides: --'any dispute arising in connection with the election of any officer of the society shall be a dispute within the meaning of this section. ..... ''dispute' contemplated in section 68 of the act, therefore, covers an election dispute. ..... there is no provision in the act or the rules made there under as to how such a situation has to be dealt with. ..... the petitioner contended that when in clause (j) a right of appeal had been provided, the newly added clause (e-1) could not be intended to cover the same field.clause (j) was already in the statute book when by orissa act 21 of 1970, clause (e-1) was added to section 109 (1) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori117
..... are liable to sales-tax.the defendant government had no information at any time that in spite of the aforesaid clear decision and in face of the clear provisions of the orissa sales tax act, the superintendent engineer would act to the contrary by inserting the clause in the agreements with the plaintiff company exempting them from payment of sales-tax or providing for any reimbursement on that account. ..... 5471 f dated 22-7-47 informed all concerned that the contractors were liable to pay sales-tax under the relevant provisions of orissa sales-tax act and the public works department and the other departments were requested to furnish list of contractors for purpose of assessment and accordingly in public ..... section 237 lays down that when an agent has without authority, done acts or incurred obligations to third persons on behalf of his principal, the principal is bound by such acts or obligations if he hag by his words or conduct induced such persons to believe that such acts and obligations were within the scope of the agent's authority.the advocate general in this connection relied upon a decision of the privy council in the case of collector ..... of argument, necessarily was that even if he had no such authority the superintending engineer having acted as the agent of the defendant government had exceeded his powers, for which the principal is ..... of air 1954 sc 236, their lordships laid down the exact scope of clause (d) of section 7 of the representation of the people act, 1951. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR118
..... by the secretary to government of orissa, law department in purported exercise of power under section 19(5) of the orissa hindu religious endowments act, 1951 (in short, the 'act') is assailed in this writ application.2. ..... 1) as mahanta of bharati math, bhubaneswar before the commissioner of endowments, orissa (in short, the 'commissioner') under section 19 (1) of the act with a prayer for permission to sell disputed land comprising ..... facts in a nutshell are as follows :on 4-12-1985 an application was filed by sri pranab kishore bharati goswami (petitioner no. ..... the date of commencement of the orissa hindu religious: endowment (amendment) act, 1980 shall : lie within a period of three months from the date of communication or, as the case, may be, publication of the order or within a period of thirty days from the commencement of the said act whichever period expires earlier. ..... section 19 of the act after making necessary inquiry in accordance with the provisions of the act and the rules made thereunder ..... provisions of section 19(5) of the act were applied. ..... had not expired, and the same would have expired on 6-1-1987, and therefore, it was open to the state government to treat the appeal memo, filed on 27-11-1986 as a revision registered under section 19(5) of the act. ..... was filed before the secretary to the government of orissa, law department by biswanath behera, ' jairam das, pahali rout son of bhramar rout and pahali rout, son of dharama rout purportedly under section 19(4) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 71(1991)CLT450; 1991(I)OLR225
..... the statutory law embodied in section 19 of the orissa hindu religious endowments act, 1951, has added a further safeguard by mandating prior permission of the commissioner of endowments in case the alienation is any of the types contemplated by the section. .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR376
..... rolling mill was handed over to the petitioner on 25.3.1994, the petitioner applied for registration under the orissa sales tax act and the central sales tax act, but the applications for registration were rejected and instead, the petitioner was asked to deposit a sum of rs. ..... the state of orissa and in particular, clause-14.2 thereof, sales tax dues payable by the previous owner shall not be realizable from the transferee of the units transferred under section 29 of the state financial corporations act, 1951 by the o.s.f.c. ..... 29 of the state financial corporation act, 1951. ..... until the orders passed by the sales tax authorities rejecting the applications of the petitioner for registration certificates under the orissa sales tax act and the central sales tax act are held to be illegal in o.j.c. no. ..... interim order was passed, the sales tax registration was granted to the petitioner both under the orissa sales tax act and the central sales tax act on 24.11.1996. ..... the dues of the previous owner of the re-rolling mill under the orissa sales tax act and the central sales tax act respectively.2. ..... merits considering the fact that the petitioner was not in a position to run the unit for the period it was denied registration certificates under the orissa sales tax act and the central sales tax act.8. ..... in this court challenging the orders passed by the sales tax authorities rejecting the applications of the petitioner for registration under the orissa sales tax act and the central sales tax act. .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT609
..... of the aforesaid decisions, we have no hesitation to hold that the provisions of section 5 of the limitation act, 1963 are applicable to an appeal under section 44 of the orissa hindu religious endowments act, 1951 and no illegality has been committed by the commissioner of endowments in condoning the delay in filing the appeal ..... case briefly are that the petitioner filed an application under section 41(1) of the orissa hindu religious endowments act, 1951 (hereinafter referred to as the 'act') praying therein to declare the deity, opp. ..... before the learned commissioner of endowments in the above appeal filed objection to the application under section 5 of the limitation act and also contended before the commissioner of endowments that the appeal is not maintainable at the instance of the appellant, ..... nayak, however, on the other hand submitted that the first part of section 29(2) of the limitation act provides that 'where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as ..... but under the new limitation act, by virtue of the provisions of section 29(2) of the said act, the provisions of sections 4 to 24 (both inclusive) shall apply to an appeal preferred under the act and hence section 5 of the limitation act is applicable to such an appeal and the learned commissioner of endowments has not committed any illegality in condoning the delay in .....
Tag this Judgment!