Court : Orissa
Decided on : Feb-12-1986
Reported in : [1987]65STC384(Orissa)
..... the state government in the finance department issued notification dt. 31-7-1980, whereunder in exercise of power conferred by section 6 of the orissa sales tax act, 1947, (orissa act 14 of 1947), it amended the earlier notification no. 20206/f, cta 14/76, dt. the 23rd april, 1976 with effect from 1-8-1980 ..... to exonerate government from the liability.(h) 'promissory estoppel' has no application while exercising legislative power and cannot be invoked to compel government to do an act prohibited by law.(i) government cannot be compelled to abide by a promise made by an officer or other authority not competent to make such promise.7. ..... authorities of the municipalities concerned have taken the stand in the counter affidavit that the municipalities are independent authorities governed under the provisions of the orissa municipal act, 1950 which empowers them to impose and collect octroi duty on goods brought within the municipal limits for sale/use/consumption in the manner prescribed under the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-04-1986
Reported in : AIR1986Ori199; 61(1986)CLT270; 1986(I)OLR305
..... keep pace with the said expanding content of the ideas or concepts, and that naturally tends to widen the field of public interest which the section wants to protect. the inevitable conscience of the change in the concept of the functions of the state is that the state in pursuit of its welfare activities undertakes to an ..... who shall give or withhold such permission as he thinks fit.'in this connection reference is also necessary to be made to sections 162 of the indian evidence act under which a person summoned to produce a document is bound to bring it to court notwithstanding any objection which there may be to its production or to its ..... 6. before entering into the merits of the contentions of the respective parties, it is profitable to appreciate the scope and principle of sections 123 of the indian evidence act which is quoted below for ready reference :'section 123. evidence as to affairs of state. --no one shall be permitted to give any evidence derived from unpublished official .....
Tag this Judgment!Court : Orissa
Decided on : Mar-04-1986
Reported in : 1987CriLJ1948
..... mr. s. n. das, sessions judge, keonjhar, holding the appellant guilty of the charge of murder under section 302 of the penal code and sentencing him to undergo imprisonment for life. the appellant, it was alleged, owing to strained relationship with the deceased with whom he had litigation for years, attacked and assaulted him to death by means of a lathi ..... appellant was the author of concealment of m.o.i, the seizure of m.o.i, on production by the appellant may be relevant under section 8 of the evidence act, but in the absence of other evidence pointing to his guilt, this cannot be taken as a guilt-pointing circumstance against him.5. when a case depends on circumstantial evidence .....
Tag this Judgment!Court : Orissa
Decided on : Apr-04-1986
Reported in : 1986(I)OLR567
..... charge under section 302 read with section 34 of the code has been brought home to the appellants, who have accordingly been convicted and sentenced to undergo imprisonment for life. 3. miss mira chose, appearing for the appellants, has submitted that the evidence of p. ws. 1 to 3 is not worthy of credence and as ..... against these two appellants is unfounded and cannot be sustained. she has submitted that the evidence against the appellant shyamaghana is highly unsatisfactory and should not have been acted upon mr. a. rath, the learned additional standing counsel, has supported the finding of the learned trial judge that the appellant shyamaghana had assaulted the deceased ..... the 'deceased') on august 17, 1980, in furtherance of their common intention. the appellant shyamaghana stood separately charged under section 25(1)(a) of the arms act for being in unlawful possession of a gun without a licence on the same day. the three appellants, it was alleged, having lost in the litigations with the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-28-1986
Reported in : 61(1986)CLT448; 1986(I)OLR402
..... she has been staying all along and she has been neglected by her husband. in the meantime, on the application of the husband under section 13 of the hindu marriage act, a decree for divorce has been passed. as the petitioner does not have sufficient means to maintain herself, she clamed maintenance by filing the present application. according to the petitioner .....
Tag this Judgment!Court : Orissa
Decided on : Mar-14-1986
Reported in : 61(1986)CLT626; 1986(I)OLR460
..... payment of such fee then there would have been justification to hold him guilty for an offence under section 383 for contravention of section 290(1)(v) of the act. but as the surada n.a.c. itself violated the law by levying annual licence fee much beyond its jurisdiction and the maximum limit prescribed by the state government ..... operated the mill. therefore, the opposite party filed a prosecution report against him for having committed an offence under section 383 for contravention of section 290(1)(v) of the act. 3. the petitioner took the defence that the annual licence fee was drastically enhanced from rs. 50/- to rs. 350/- for the year 1980-81 which the n ..... k.p. mohapatra, j. 1. the petitioner has challenged the order passed by the learned judicial magistrate, surada, convicting him under section 383 of the orissa municipal act ('act' for short) and sentencing him to pay fine of rs. 40/- in default, to undergo simple imprisonment for ten days.2. the facts which are simple are recounted .....
Tag this Judgment!Court : Orissa
Decided on : Jan-27-1986
Reported in : 61(1986)CLT327; 1986(I)OLR268
..... acquired occupancy right in respect of the suit land of which he was in cultivating possession throughout his life. the intermediary interest of the deity was abolished in 1966 under the provisions of orissa estates abolition act in short 'the act). after vesting of the estate, the local revenue authorities on enquiry found the plaintiff's father and ..... be necessary to give effect to his orders. the provision further provides that penalties and other dues, if any, payable to government under the provisions of this act shall be realisable as arrears of land revenue. rule 47 provides that an application under section 65 for delivery of possession shall be accompanied by a certified ..... of the civil court to grant the same relief is clearly barred by section 67.section 3 fays down that save as otherwise provided, the provisions of the act shaft have effect, notwithstanding anything to the contrary in any other law, custom or usage or agreements, decree or order of court. though the civil court .....
Tag this Judgment!Court : Orissa
Decided on : Aug-07-1986
Reported in : AIR1987Ori125; 63(1987)CLT279
..... consideration to this submission of mr. rath, i find force in the same.17. the expression 'use' in section 22b of the act is wide enough to authorise the state government to issue any appropriate direction regarding the user or consumption of the electrical energy made available to ..... . the state government and the board have no power to impose restriction in supply of energy under section 22b of the indian electricity act with retrospective effect and the order under section 22b has to be given effect prospectively.accordingly the writ petitions succeed in part. the ..... instead of taking the water year as the unit which on their own showing is not suitable. further section 22b of the indian electricity act, does not expressly or impliedly vest any power in the state govt. to impose regulation regarding supply, distribution, consumption or use of electric ..... is thus obvious that the notification contained in annexure 1 issued under section 22b(1) of the act is fully protected by the provision. .....
Tag this Judgment!Court : Orissa
Decided on : Feb-25-1986
Reported in : 61(1986)CLT426; 1986(I)OLR342
B.K. Behera, J. 1. While functioning as an Assistant Teacher in the Capital High School, Unit-Ill, Bhubaneswar, the petitioner was proceeded against as per the charge-sheet ( Annexure-4) in a disciplinary proceeding for violation of the order of his transfer from that school to the High School at Badagada and for disobedience of the order of his superiors, The petitioner showed cause as per Annexure-5. Ultimately, his services were terminated by the order dated July 29. 1982, passed by the Inspector of Schools, Puri Circle, as per Annexure-12. The period of absence from duty of the petitioner from March 11, 1980 to September 3, 1982, was treated to be extraordinary leave as per Annexure-13 Later a consolidated order was passed as per Annexure-15, terminating the services of the petitioner and treating the period of absence from duty as extraordinary leave.2. We have heard the learned counsel for the petitioner and Mr. R. K. Patra the learned Additional Government Advocate. At the stage...
Tag this Judgment!Court : Orissa
Decided on : Feb-25-1986
Reported in : 1986(I)OLR393
S.C. Mohapatra, J.1. These two appeals arise out of two applications for setting aside an ex parte decree. The decree is common in both the cases. The parties are also same. Accordingly, they are heard together and disposed of by this common judgment.2. Money Suit No. 88 of 1979 in the Court of the Subordinate Judge, Sambalpur, was posted to 11.2.1981. On that date defendants 1 and 2 filed an application for time, defendant No. 3 also filed another application for time on that day. Both the applications were rejected and all the defendants were set ex parte. The learned Subordinate Judge, however, recorded his inability to dispose of the suit ex Parte on the ground of absence of the Stenographer, who was on leave. On 12.3.1981 to which date the case was posted, the learned Subordinate Judge was engaged in the hearing of Title Suit No. 48 of 1977 and could not get time for ex parte hearing of the suit. Though the defendants were set ex parte on 11-2-1981, no steps were taken to get the ...
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