Court : Orissa
Reported in : AIR1975Ori139
..... the suit was, however, dismissed on the last finding that civil court has no jurisdiction under section 39 of the 1951 act to entertain the suit.plaintiff filed an appeal before the district judge, sambalpur, which was heard by the learned subordinate judge.4 ..... viii) the suit land was settled with the defendant in 1964 under section 8 (2) of the orissa estates abolition act, 1951 (hereinafter to be referred to as the 1951 act) and as such the settlement of the nariha jagir lands with the defendant on rayati basis by the state cannot be questioned in civil court under section 39 of that act.3. ..... these questions are answered we may indicate that the learned subordinate judge reached the correct conclusion in holding that section 7 (g) of the 1950 act and section 8 (2) of the 1951 act have no application to the facts and circumstances of this case.9. ..... learned subordinate judge examined section 7 (g) of the 1950 act and section 8 (2) of the 1951 act and held that the settlement on the defendant in 1964-65 was not under any one of those acts and that section 39 was not a bar. ..... only contention urged before the lower appellate court was that section 39 of 1951 act ousted the jurisdiction of the civil court to entertain the suit. ..... reliance was, however, placed on section 8 (2) of the 1951 act occurring in chapter ii that the settlement on the defendant in 1964-65 was under this ..... next question for consideration is whether the suit is barred bysection 39 of the 1951 act which runs thus-'39. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori221; 54(1982)CLT265
..... and must be decided on the net balance of the various counts of proof offered therein,' it has been also held (para 24 of 1964 raj) : 'there is nothing in section 36(7) of the representation of the people act of 1951 or section 30 of the act of 1950 or in any other provisions of the said acts to hold that the age of the candidate as mentioned in the previous electoral roll should be accepted to be conclusive at an election dispute where his election is challenged on the ground that the said candidate ..... age would rest upon the election petitioner, the burden is not as heavy as in the case of an election petition in which the election of a candidate is sought to be set aside on the ground of a corrupt practice as defined in section 123 of the act of 1951, as a charge like that is in the nature of the imputation of a criminal offence. ..... 'the entry in electoral roll is conclusive to prove that age of a person whose name is entered is 21 years at least and where nomination paper was rejected ignoring section 36(7) of the representation of the people act, 1951, such rejection was held improper. ..... he did not satisfy the constitutional requirements of article 173(b) of the constitution as he was less than twenty-five years of age and the returning officer was under obligation under section 36(2) of the representation of the people act, 1951 (hereinafter refered to as the 'act') to reject his nomination. .....
Tag this Judgment!Court : Orissa
Reported in : [2003]262ITR350(Orissa)
..... question for the opinion of this court :'whether, on the facts and in the circumstances of the case, and on a correct reading of section 34 of the civil procedure code read with section 31 of the orissa state financial corporations act, 1951, the tribunal was legally correct in coming to the conclusion that no interest accrued to the assessee-corporation till the decision of the civil court and that no such interest amount would be chargeable to tax in the hands ..... the respondent-assessee is the orissa state financial corporation established under section 3(1) of the state financial corporations act, 1951. ..... under section 5 of the income-tax act, 1961 (hereinafter referred to as 'the act'), taxability is attracted not merely when income is actually received but also when it has 'accrued'. ..... in obedience to the order of the commissioner, the assessing officer made a fresh assessment under section 143(3) read with section 251 of the income-tax act on february 8, 1988, reiterating his previous finding. ..... the act takes into account two points of time at which the liability to tax is attracted, namely, the accrual of the income or its receipt; but the substance of the matter is the income. .....
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT114
..... the representation of the people act, 1951 (hereinafter referred to as 'the act') is a complete and self ..... properly appreciate the rival contentions, it is necessary to refer to therelevant provisions of the representation of the people act, 1951 and the code of civilprocedure (in brief 'c.p.c.'). 6. ..... he then was) speaking for a three member bench held in paragraph 20 of the judgment that by non-mentioning of section 83 in section 86(1) of the act, the legislature does not seem to view the non-compliance of requirement of section 83(1) with the same gravity as in section 81, or section 82 or section ..... election petition is liable to be dismissed under section 86(1) for non-compliance with provisions contained in sections 81, or 82 or 117 of the representation of the people act, 1951? ..... his clear and specific case is that as required under section 83(1) of the act, the election petition does not contain statements of material facts on which the election petitioner relies and full particulars of alleged corrupt practice having not been set forth, the election petition is liable ..... further argument was that under section 86(1) of the act, the election petition is only liable to be dismissed summarily for non-compliance with the requirements of section 81, or section 82 or section 117 and since section 83(1) which requires the election petitioner to furnish full material facts of corrupt practice does not find place in section 86(1) of the act, the election petition cannot be rejected at the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori59; 84(1997)CLT162
..... 1 in the election petition has filed this application under section 86 of the representation of the people act, 1951 (hereinafter called the 'act') for dismissing the election petition on the ground that the affidavit in support of the allegations relating to corrupt practice is not in the proper form and the copies of such affidavit served on respondent no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori125
..... ele lr 416 (e), it was held by the chief election commissioner,'the expression 'contract for the performance of any services' in section 7(d) of the representation of the people act, 1951, means a contract directly for the performance of any service itself and does not include contracts which are only ancillary to or for purposes connected with the performance of any such ..... was simply in the relation of a debtor and there was no subsisting account to be settled and consequently this transaction did not disqualify the respondent from being chosen as a candidate under section 7 of the act; that the contracts for the execution of the tube-well taken by the respondent in the year 1952-53 were not subsisting by the date of the nomination; that the contracts entered into fay the respondent ..... the law in india regarding election is codified in the representation of the people act, 1951 and even under the law in india, payment of legal expenses to workers who are voters cannot be ..... appeal under section 116a of the representation of the people act, 1951 against the order of the election tribunal (additional district ..... indian representation of the people act, 1951, there is no such express ..... under section 80 of the representation of the people act 1951 alleging that respondent no. ..... excess of the amount taken as advance he would receive the balance.but the question arises whether this implied contract was really included within the mischief of section 7(d) of the representation of the people act 1951. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori184
..... rule 4 of the high court rules provides that:-- 'every election petition accompained by copies as prescribed under section 81(3) of the act shall be presented under section 81 of the representation of the people act, 1951 (hereinafter referred to as the act), either in person or by an advocate duly authorised by the parties concerned, to the registrar or in his absence to the deputy registrar, additional deputy registrar or the assistant registrar during usual office hours of any working day. ..... these issues have been drafted on the basis of allegations of the respondent that requirements of sections 81, 82, 83 and 117 of the representation of the people act, 1951 (hereinafter referred to as the 'act') have not been complied with. ..... orissa high court has framed certain rules to regulate the proceedings under the representation of the people act, 1951 (act 43 of 1951). ..... that 'the respondent has alleged that the petition is liable to be dismissed far non-compliance with the provisions of section 81(3) of the representation of the people act, 1951. ..... if so, has the petition become invalid, infructuous and liable to be dismissed under section 86(1) of the representation of the people act, 1951? ..... if so, is the petition liable to be dismissed under section 86(1) of the representation of the people act, 1951? ..... (6) is the petition liable to be dismissed for non-compliance with the provisions of sections 81, 82, 83 and 117 of the representation of the people act, 1951? .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori174
..... reference to the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77, representation of the people act, 1951, namely, that in computing the maximum amount under that section any expenditure incurred or authorized by any other person or body of persons or political parties should not be taken into account. ..... petitioners call in question the explanations & added to section 77, representation of the people act, 1951 (for short, 'the act'), by the representation of the people (amendment) act, 1974 (act 58 of 1974), to be described hereinafter as the amendment act, which came into force on and from october 19, 1974, as being illegal and invalid, by defeating the very purpose of the act providing for a free and fair election and being opposed to the invaluable doctrines of ..... challenge to the vires of the explanations inserted to section 77, representation of the people act, 1951, by the representation of the people (amendment) act, 1974, though attractive on an idealistic plane was given a burial in indira gandhi's case, air 1975 sc 2299, decided by a constitution bench of the supreme court and is no more available to be entertained ..... representation of the people act, 1951, provides that the total of the expenditure ia connection with an election incurred or authorized by the candidate or his election agent between the date of publication of the notification calling the election .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR543
..... the very admitted position that as on the date of vesting the disputed land belonged to the joint owners, as mentioned above, obviously the petition which was filed by bhagaban for settlement under sections 6 and 7 of the act, in the absence of any material that he was exclusively possessing the same as on that day, the application for such settlement could be deemed to have been made on behalf of other co-sharers also. ..... by virtue of the provisions under the orissa estates abolition act, 1951 (for short, the 'oea act') the land in dispute having been vested with the state government, subsequently said bhagaban mohapatra on an application under sections 6 and 7 of the said act got the land settled in his name by order of the o.e.a. ..... act if the intermediary interest is also an interest of the co-sharers, any settlement thereof shall ensure to the benefit of all the co-sharers. ..... judgment of the lower court, i find that the plaintiff has failed to prove bhagaban's exclusive possession as on the date of vesting or even lately when he made the application for being settled under sections 6 and 7 of the act. ..... act is valid and binding? .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR67
..... section 29(4) of the state financial corporation act, 1951, is extracted hereunder :'29. ..... the industrial concern was seized under section 29 of the state financial corporation act and subsequently it has been sold to a third party. ..... it is not to be forgotten that under section 29(4), the corporation has to act as a trustee. ..... 9,65,00/- and as such the corporation should pay the balance amount to the petitioner in accordance with section 29(4) of the state financial corporation act. .....
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