Judgment Search Results Home > Cases Phrase: west bengal jute goods control act 1950 Court: orissa Page 1 of about 161 results (0.104 seconds)

M/S. Shree Maruti Cloth Store. Vs. the Sales Tax Officer,cuttack.

Court : Orissa

..... is found to be erroneous or prejudicial to the interest of revenue consequent to, or in the light of, any judgment or order of any court or tribunal, which has become final and binding, then, notwithstanding anything contained in this act, the assessing authority may proceed to reassess the tax payable by the dealer in accordance with such judgment or order, at any time within a period of three years from the date of the judgment or order ..... it is the case of the petitioner that the escaped turn over being related to the assessment period from 1.4.2003 to 31.3.2004 admittedly the period of limitation prescribed in section-9 of the act had already expired by 31.3.2007 and the impugned notice vide anenxure-4 having been issued on 17.7.2008, issuance of the aforesaid notice itself is illegal and cannot be sustained in the ..... .(2) in making an assessment under sub-section (1) the assessing authority may, if he is satisfied that the escape from assessment is due to willful non-disclosure of the entry of such goods by the dealer, direct him to pay in addition to the tax assessed under sub-section (1) a penalty not exceeding one and a half times the tax so assessed:provided that no ..... . commissioner of income- tax, west bengal ((1979) 120 itr 921), as relied on by the learned counsel for the petitioner, has no application to the present case, as those decisions relate to substantive provisions relating to charge of tax ..... 1966 sc 1385) and reliance jute and industries ltd. ..... reliance jute .....

Nalinikanta Muduli Vs. State of Orissa

Court : Orissa

Reported in : 2003(II)OLR1

..... (iv) offences under the essential commodities act, 1955 (10 of 1954);(v) the prevention of food adulteration act, 1954 (37 of 1954);(vi) the standard of weights and measures (enforcement) act, 1985 (54 of 1985);(vii) the drugs (control) act, 1950 (26 of 1950);(viii) the motor vehicles act, 1988 (59 of 1988);(ix) all organised offences under the aforesaid acts, orders and rules affecting the pecuniary interests ..... since corruption could be proved and no charge-sheet was filed against the public servant for commission of offence under the prevention of corruption act, if the principle laid down by the special bench of patna high court is accepted, the vigilance department has no competency to submit a charge sheet against an individual who is not a public servant for commission ..... offences relating to :(i) evasion of taxes and different control orders;(ii) transit and possession of forest produces as enumerated in sections 45 and 46 of the orissa forest act, 1972 (orissa act 14 of 1972) read with section 56 of the said act;(iii) the orissa timber and other forest produce-transit ..... was that during the year 1973, 1974 and 1975 tisco had transported goods from tatanagar/adityapur to joda ferro manganese plant at banaspani and noamundi by railway wagons without indent for allotment, without weighment, without booking and without ..... it was further alleged that because of this unusual procedure of transportation of goods, loss was caused to the revenue of railway to the tune of about five to .....

Krishna Chandra Misra Vs. Sushila Mitra

Court : Orissa

Reported in : AIR1951Ori105; 16(1950)CLT249

..... has been brought to our notice that the original term of three years of the house rent control act of 1947 had expired by 21-3-1950, and that the life of the act purports to have been extended for one year with effect from that date by government noffn. no ..... the ground of non-payment and whether the plaint in the case which was distinctly based on the order for exemption obtained from the rent controller, is to be treated as falling outside the scope of the house rent control act, merely because, non-payment is also alleged, are matters that must depend upon further investigation of facts, as to circumstances under which the non ..... required in schedule 3, permitting him to file a suit and satisfy the court that the house is reasonably and in goad faith required for his own occupation, or that he has any other good and sufficient reason for ejecting his tenant, as laid down in proviso 2 to section 5 (b), i am, therefore, inclined to read the two sections as mutually exclusive and as applicable to two different sets ..... instituted after the amendment of bengal act vi [6] of 1908 in its application to chhota-nagpur had come into play, but where the cause of action arose before that amendment had come into operation was held to lie in a civil court as the plaintiff had acquired a vested right in regard to the same, and the summary procedure as provided in the amending act was not the only remedy ..... the repealing ordinance and 'correspond' means 'suitable to as laid down in sackville west v. .....

Binayak Sabatho and Sons Vs. Municipal Council, Berhampur and ors.

Court : Orissa

Reported in : AIR1985Ori263

..... state of west bengal, 76 cal wn, 120 : (1972 tax lr 1767) the item described as 'nuts, (excluding betel nuts)' in the notification issued under section 6(1) of the taxes on entry of goods into calcutta metropolitan area act was considered, as to whether groundnuts used for manufacturing groundnut oil could be included within the said ..... municipal council may, from time to time, at a meeting convened expressly for the purposes, of which due notice shall have been given subject to the provisions of this act impose within the limits of the municipality the following taxes and fees or any of them; xx xx xx xx (kk) an octroi on goods brought within the limits of a municipality for consumption, use or sale therein; xx xx (xx xx xx provided that no such impositions as are referred to in clauses (kk) and (1) shall be ..... 19-4-1963, it appears that there had been a resolution that government sanction be obtained to levy octroi duty on goods brought within the limits of the berhampur municipality as per section 131(l)(kk) of the orissa municipal act, 1950 and a copy of the resolution along with the schedule of rates imposed on different articles was sent to the ..... 1963 and, therefore, levy of octroi on turmeric was without jurisdiction; and (ii) there had been no resolution of the municipal council in accordance with section 131(1) of the orissa municipal act imposing octroi on goods brought within the limits of the municipality and, therefore, the entire imposition was null and void. mr. y.s.n. .....

Bhagabat Sahoo Vs. Collector and ors.

Court : Orissa

Reported in : 100(2005)CLT17

..... however, he submitted that under the new act, the sarpanch of a grama panchayat, unlike the old act, is directly elected by the electorates of the grama sasan who have been registered by virtue of the representation of the people act, 1950 as voters for any assembly constituency relating to a grama. ..... reliance is placed by the petitioners on the decisions of the supreme court in the case of the state of west bengal v. ..... the further contention on behalf of the petitioner is that in view of several other provisions made under the new act providing sufficient checks against the lapses on the part of the members, naib-sarpanch and sarpanch of a grama panchayat, enactment of section 24 of the new act providing removal of sarpanch by a vote of 'no confidence' by the ward members is contrary to the spirit of self-government conceptualized under article 40 of the constitution of india and results in giving unfettered power to the ..... 11698 of 2004 contended that by the orissa grama panchayat act, 1964 (hereinafter referred to as 'the new act'), the previous act, namely, the orissa grama panchayat act, 1949 (hereinafter referred to as 'the old act') was repealed. ..... mishra, further submitted that section 24 of the new act runs contrary to the legislative intention in enacting the orissa grama panchayat act, 1964, the sole purpose of which is to give administrative power to the inhabitants of grama at the grass-root level for strengthening democratic system in the country and for self governance .....

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Reported in : AIR1953Ori185

..... should be utilised as a means of substantial reduction of compensation in the estates abolition scheme and notwithstanding that the additional tax secured by the amending act of 1950 was likely to become comparatively small after the abolition scheme comes into operation, the primary purpose of the act constitutionally considered, must be taken to be the raising of the substantially additional sums by way of agricultural income-tax, for the purpose ..... , the constitution had come into operation, and article 31(4) had been specifically made part of the constitution, and the orissa legislature had introduced the estates abolition bill into its legislature in january, 1950, to take advantage of the protection as afforded by article 31(4) against grossly inadequate and nominal compensation could equally have been served by merely and openly reducing the multiples to be adopted for ..... the two sections is an executive and not a legislative function, the provisions in this behalf are hit by the principle laid down by the supreme court in its judgment in -- state of west bengal v ..... 1952 supreme court journal 354' (b), wherein it has been stated as follows:'the purpose of the acquisition contemplated by the impugned act is to do away with the concentration of big plots of land and means of production in the hands of a few individuals and to so distribute the ownership and control of material resources which come in the hands of the state so as to subserve the common good as best as possible .....

S. Rama Mohan Ray Vs. A. Kishore Chandra Patra and ors.

Court : Orissa

Reported in : AIR1995Ori4

..... also subject to the west bengal service rules, 1971 and the west bengal civil services (classification, control and appeal) rules, ..... government of orissa under section 25 of the code of criminal procedure, 1973 can be said to be a government servant is the question which arises for consideration in this petition, in the context of section 16 of the orissa municipal act, 1950 (hereafter referred to as 'the act'), which provides for disqualification of candidates for election as a councillor of a municipal council.2. ..... ' that was a case under the representation of the people act, 1950 and the above quoted observations have been made by the supreme court while interpreting the phrase ' ..... because the question whether the petitioner was or was not disqualified under clause (xi) of sub-sec, (1) of section 16 of the act was referred to the state government under section 15 of the act and as the decision of the government has been made final by the said provision, the tribunal had no jurisdiction to decide that ..... are clearly distinguishable.for the reasons stated above, we hold that an assistant public prosecutor is not a government servant who would attract disqualification under section 16(1)(xi) of the orissa municipal act, 1950. ..... it is also necessary to take note of rule 27 of the orissa municipal (councillors) election rules, 1950, because it provides that if a question of ineligibility or disqualification of a candidate arises before election, then under that rule the election officer has .....

Bhupendra Kumar Bose Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1960Ori46

..... court may take into consideration matters' of common knowledge, matters of common report, the history of the times and may assume every state of things which can be conceived as existing at the time of legislation; and (vi) while good faith and knowledge of the existing conditions on the part of the legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the ..... thus, the provisions in the money lenders act which requires the scaling down of decrees obtained by creditors against debtors, or the provisions of the tenancy laws which protect, from eviction tenants against whom decrees for eviction have been obtained by 'the landlords, or which provide for reduction of the rent, or the provisions of house kent control act which protect tenants against landlords, may come under this ..... reason for this order was that the amendment to the indian bar councils act made by the uttar pradesh amendment act of 1950 was held to be ultra vires the uttar pradesh legislature. ..... state of west bengal, 1954 scr 80: (air 1953 sc 404), v. ..... in this ordinance, unless there is anything repugnant in the subject or context-- (a) 'the act' means the orissa municipal act, 1950; (b) 'election' means the election of a councillor of a municipality held during the year, 1958; (c) 'electoral roll' means the electoral rolls on the basis of which the elections of the council--lots of a municipality were held during .....

Ashirbad Behera Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1980Ori79; 48(1979)CLT333

..... 50,000 (rupees fifty thousand) only to its chairman in contravention of the provisions of section 69 of the orissa municipal act, 1950 (orissa act 23 of 1950) read with rules 23 and 24 of the orissa municipal rules, 1953;and whereas in pursuance to the provisions of sub-section (2) of section 398 of the said act, the state government had given an opportunity to the said council to show cause within fifteen days as to why the said resolution of the said council ..... state of west bengal, air 1962 sc 1044, to the following effect--'article 226 confers a very wide power on the high court to issue directions and writs of the nature mentioned therein for the enforcement of ..... when the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of the legislature, it has been the practice of the courts to hold such ..... provisions to be directory only, the neglect of them not affecting the validity of the acts done.maxwell on interpretation of statutes, 10th, edition, at page 374 has .....

Ajoy Kumar Jagadev Mohapatra and anr. Vs. Saila Behari Chowdhury and o ...

Court : Orissa

Reported in : AIR1957Ori159

..... west bengal v ..... in accordance with the observations of their lordships of the supreme court quoted above, such a geographical classification contained in section 8(3) (iv) of the act is, in my opinion, a reasonable classification and is not hit by article 14 of the constitution and is not discriminatory even after they became ..... clause (3) of section 3 of the utkal university act says: 'the university shall be deemed to have been incorporated for the purposes, among others, of making provision for imparting education, of promoting ' original research, of examining students and conferring degrees, of admitting educational institutions to its privileges, of inspecting the colleges and supervising all matters of education and discipline therein, of controlling the residence and discipline of the students of the university and ..... held that the expression 'belonging to' in the notification is ultra vires of section 8(3) (iv) of the act as such construction of section 8(3)(iv) is also possible it is desirable that the statutes and the notifications ..... in that section after the adaptation of laws order, 1950 under the constitution of india and as such the notification of the registrar to hold elections to the senate under section 8 (3) (iv) of the act is not valid. ..... ' by section 17 of the adaptation of laws order, 1950, the provisions of that order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers .....