Court : Orissa
Reported in : AIR1964Ori82; 29(1963)CLT527
..... on march 13, 1957, 338, tins of (sic) were booked at bankura railways station (west bengal) to be delivered to the plaintiff at jaiasow (sic) district in orissa). ..... the railway's defence is mat it was due to want of space at jalasore on march 19, 1957 that the wagon could not be detached from the goods train; that the consignment was booked at owner's risk; that the packing condition under the tariff rules was not complied with in that the tins were 'old and used and weak soldering ..... under section 74-c of the railway act, the goods having been tendered to the railway administration tor carrying by railway at owner's risk rate, the railway is not responsible tor the alleged loss or damages to such goods, because the plaintiff tailed to prove that such loss or damages was due to negligence or misconduct on the part of the railway administration or any of its servants. ..... 4 clerk in the control office to the effect that since at jalesore there are 3 lines only, the goods train in which this consignment was being carried could not be allowed to stay there tor a long time since at that time two passenger trains were to cross each other at laiasore passenger trains were to cross ..... 503 in which the suit consignment was carried, was ordered by the controller, of trains to proceed towards bhadrak. ..... the carrying of wagon from the station of destination jaiasore up to bhadrak was due to operational reasons as the clerk in control office deposed. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori35; [1965(10)FLR313]
..... the new section 21-a provides-'all sevaks, office-holders and servants attached to the temple or in receipt of any emoluments or perquisites therefrom shall, whether such service is hereditary or not, be subject to the control of the administrator who may, subject to the provision of this act and the requisitions, made by the committee in that behalf, after giving the person concerned a reasonable opportunity of being heard- (a) withhold the receipt of emoluments or perquisites: (b) impose a fine; (c) suspend; ..... this view is further confirmed by the record-of-rights and duties of various classes of sevaks and others employed for or connected with seva-puja of the temple prepared under the puri shri jaggannath temple (administration) act (orissa act 14 of 1952) read with the rules made thereunder as published in the orissa gazette on june 27, 1956, 'ballav jogania' appears under the column 'class of sevaks' and under 'incidents of service' ..... air 1960 sc 610, their lordships laid down:'as a working principle, it may be stated that an activity systematically or habitually undertaken for the production or distribution of goods or for the rendering of material services to the community at large or a part of such community with the help of employees is an undertaking. ..... 1963 kerala 250 where the maramat (repairs) section of the travancore sebaswom board functioning under the travancore-cochin hindu religious institutions act, 1950 was found to be an industry under section 2(j) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori129
..... results flowing from literal and narrow construction of regulation 107 can be demonstrated by the following hypothetical illustration.a student after passing the secondary examination of the state board in west bengal, he started prosecuting the higher secondary science course of the higher secondary council of west bengal and completed the 1 st year of the 2 year course. ..... examination and the higher secondary course and examination of the council in west bengal are accepted to be equivalent to secondary and higher secondary course in ..... has been established by the orissa higher secondary education act, 1982 to regulate, control and develop higher secondary education in the state of ..... be registered afresh on each occasion of presenting himself for examination, and he shall register an application in the prescribed form either to the controller of the examinations direct or through the head of the institution paying the fees prescribed. ..... be permitted to sit for an examination unless his term and annual certificate of attendance, certificate of conduct, progress or order of exemption, if any granted him, have been received by the controller before the commencement of the examination. ..... before striking down a provision of any act, rule or regulation as unreasonable and ultra vires, it is necessary to consider whether it is possible to read down the concerned provision in a manner which will ..... that the court should not give any direction asking the council to act contrary to its regulations. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori111
..... some dispute between the courts of england and the parliament regarding their respective spheres of jurisdiction, the courts have always recognised that the control of each house of parliament over its internal proceedings is absolute and cannot be interfered with by the courts (see may's parliamentary practice ..... of the argument that in ascertaining the extent of the jurisdiction of the courts over the actions of the speaker of a legislature, the court must confine itself to the express provisions of section 87(2), government of india act (which corresponds to article 212(2) of the constitution) and that the immunity enjoyed by the speaker of the house of commons was no guide. ..... urged that the petition was filed against the speaker as an officer of the assembly and the speaker's immunity was controlled by the provisions of clause (2) of article 212 and not by the parliamentary immunities recognised in clause (3) of ..... 271 (i) it was observed :'i think that the house of commons is notsubject to the control of her majesty's courtsin its administration of that part of the statute-law which has relation ..... bejoy prosad', air 1946 cal 121 (h), while construing section 87, government of india act, 1935 (which is almost identical with article 212 of the constitution) and urged that the court will have jurisdiction to interfere if the speaker was acting in defiance of the provisions of the statute and the rules made thereunder or if he was exercising some ..... province of east bengal', air 1951 ..... 1950 .....
Tag this Judgment!Court : Orissa
Reported in : [1991]72CompCas436(Orissa)
..... become due to a dealer who has failed to comply with a notice served under sub-section (4) or sub-section (5) of section 13, or has failed to pay any interest due from him under this act ; or (b) any person who holds or may subsequently hold for or on account of such dealer to pay into the government treasury in the manner specified in the notice issued under this sub-section ..... the provision of section 5(3) of the bihar finance act which stated that the surcharge in question could not be collected from the purchasers, had to yield to the aforesaid price control order which enabled the manufacturers or producers of drugs to pass on the liability to the consumers, in view of what was laid down in section 6 of the essential commodities act according to which any order made under section 3 ..... west bengal ..... [1985]154itr64(sc) , while dealing with the taxing power of the states on sale of goods under entry 54 of list ii, the court has made very pertinent observations regarding the taxing ..... part of section 22(1) of the central act is an instance of colourable legislation inasmuch as entry 54 of list ii which reads 'taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92a of list i' has left all matters relating to sales tax to the exclusive jurisdiction of the state legislature, and this power has been encroached upon covertly by section 22(1) of the central act. ..... levy and imposition of tax on sale or purchase of goods relatable to entry 54 of list ii. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori265
..... where such produce is required for bona fide use or for consumption; (c) any specified forest produce purchased from the state government or any officer or agent specified in the said sub-section by any person for manufacture of goods within the state in which such specified forest produce is used as raw material or by any person for sale outside the state or by a licensed vendor may be transported by such person or vendor in accordance with the terms ..... defeat the very object and purpose for which the legislation was made, la akadasi pradhan's case (air 1963 sc 1047) (supra), the supreme court upheld the state monopoly created by section 3, orissa kendu leaves (control of trade) act, 1961, but held that the law would not be used by the state for the private benefit of the agents ..... .' in the all saints' case (air 1980 sc 1042) certain provisions of the andhra pradesh recognised private educational institutions (control) act, 1975, were challenged as offending article 30 of the constitution ..... 46 of 1983, the petitioners seek a declaration that the orissa forest produce (control of trade) act, 1981 (orissa act 22 of 1981) (hereinafter referred to as 'the act') and the rules framed thereunder and the notification d/- 9-12-1982 bringing the act into force in the whole of the state of orissa in relation to sal seeds with effect from the date of notification do not apply to or affect the subsisting contracts d/- may 17, 1979 entered into between the state of orissa ..... . in the state of west bengal v .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori122
..... 'state transport undertaking' means any undertaking providing road transport service, where such undertaking is carried on by - (i) the central government or a state government; (ii) any road transport corporation established under section 3 of the road transport corporation act, 1950 (54 of 1950); (iii) (omitted by act 56 of 1969); (iv) any municipality or any corporation or company owned or controlled by the central government or one or more state governments or by the central government and one or more state governments. ..... 'nature of services proposed to be rendered' in section 68-c means only the kind of service to be nationalised, that is to say, whether the passenger service or goods service or mixed goods and passenger service, stage or contract carriage services shall be taken over. ..... company was operating 300 routes with 260 vehicles, out of which a large number were worn out and old and that they did not comply with provisions of chapter v of the act and rules and that they did not obtain fitness certificates, and that while 85 buses were added to the fleet, 39 were deleted by sale or condemnation and out of 305 vehicles 85 ..... as regards rules of natural justice, it has already been stated that they vary with the varying constitution of statutory bodies and the rules prescribed by the act under which they function; and the question whether or not any rules of natural justice had been contravened, should be decided not under any preconceived notions, but in the light of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori157
..... if only the parliament were to lay down an objective standard to guide and control the discretion of the central government in the matter of bringing the various provisions of the act into force, it would have been possible to compel the central government by an appropriate writ to discharge the function assigned to it ..... and, how would they know about it unless they find out who are the evil-doers and how they conjointly act to fulfil their evil designs to inform the mind of the government in this regard, should it not try to find out all the relevant facts to enable it to tailor its laws, to gear up its machinery, ..... so, the question would be, if there be a definite matter of public importance, can judicial inquiry be refused according to us, the discretion conferred by section 3 of the act cannot be said to be 'unfettered' inasmuch as the parliament did think that if a definite matter of public importance would be there, a judicial inquiry should be ordered, if a need for the same exists according ..... we would like to make in this regard is that if reasons are not made known, it would be permissible to a court of law in an appropriate case to say that no good reasons exist for exercise or non-exercise of the discretion, as observed by lord pearce in padfield. ..... the state cannot by any token be regarded as sovereign inasmuch as even under the provisions of the orissa municipal act, 1950, licences have to be obtained from the municipalities as required by various provisions of that act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori142
..... west bengal ..... the income-tax officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a court of law, but there the agreement ends, because it is equally clear that in making the assessment under sub-section (3) of section 23 of the act, the income tax officer is not entitled to make a pure guess and make an assessment without reference to ..... after the order of the appellate tribunal, however, he filed an application under section 35 of the income-tax act for rectification of the figures taken as 2600 maunds per year and filed an affidavit denying that the persons mentioned in the order of the income- ..... this question, i would like to state that section 13 of the indian income-tax act does not justify a bald estimate of the income by the income tax officer without any ..... . on no account whatever should the tribunal base its findings on suspicion, conjectures or surmises nor should it act on no evidence at all or on improper refection of material and relevant evidence or partly on evidence and partly on suspicions, conjectures or surmises and if it does anything of the sort, its findings even though on questions ..... the assessee getting goods in the name of other parties was corroborated by the fact that the assessee sold goods outside cuttack in ..... the petitioner for the assessment years 1951-52 and 1952-53, the relevant accountingyears being the financial years 1950-51 and 1951-52 respectively. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori179
..... that transfer of only the right to rear and catch fish in a tank does not amount to occupation of the tank where right of others or general public in respect of other enjoyment or use of tank remain unaffected, the act has no application for eviction of such person to whom the right of rearing and catching fish has only been transferred, section 14 is also not applicable to pending suits on appeals. ..... advantage of computation from later period, defendant was required to prove that re-excavation could not be completed in the year 1959 due to circumstances beyond his control by act of god. ..... mohapatra, learned counsel for the appellant submitted--(a) after coming into force of orissa act 2 of 1983 amending the orissa public premises (eviction of unauthorised occupants) act, 1972 (hereinafter referred to as 'the act'), suit for eviction and damages is not maintainable in view of bar of suit under section 14 thereof;(b) period of lease having continued till 1975 and defendant having continued in possession thereafter, suit is bad in absence ..... , it is to be examined whether notice under section 106 of the transfer of property act was required and whether the same has been validly issued.11. ..... thus, municipal council had not lost control over the tank by giving the right to rear and catch fish to the defendant for ..... used by public plaintiff maintained and managed the tank and being a public tank, it automatically vested in the municipality under provisions of the orissa municipal act, 1950. .....
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