Court : Orissa
Decided on : Sep-14-1993
Reported in : AIR1994Ori11
..... state legislature is circumscribed by list ii of schedule vii, the power given by section 131 of theorissa municipal act cannot be more extensive. in indian oil corporation v. municipal corporation, jul-lundhar, air 1993 sc 844, the supreme court while considering section 113 of punjab municipal corporation act (which is in pari materia with section 131(l)(kk) in paragraph 9 of the judgment observed ..... title to the goods.6. in the case at hand, the problem is elsewhere. we are here concerned with section 131(l)(kk) of the orissa municipal act, 1950 which provides as follows:'131.(l)the municipal council may, from time to time, at a meeting convened expressly for the purpose of which due notice shall have been given subject to the provisions ..... as follows:--'entry of goods within the local area for consumption, use or sale therein is made taxable by the state legislature on the authority of entry 52 of list ii of schedule vii. the municipality derives its power ..... sc 906. it was a case of charging octroi on the products of burmah-shell company brought inside the octroi limits of belgaum municipality for sale. section 73 of the bombay municipal boroughs act, 1925 provided, inter alia, that a municipality may impose an octroi on animals or goods brought within the octroi limits for consumption, use or sale therein. in paragraph 20 of .....Tag this Judgment!
Court : Orissa
Decided on : Feb-24-1993
Reported in : AIR1993Ori302
..... in accordance with law. ' in the decision reported in air 1979 sc 1250, their lordships of the supreme court having examined the provisions of the punjab municipal act came to hold that where a revenue statute provides for a person aggrieved by an assessment thereunder, a particular remedy to be sought in a particular ..... it was further observed that construed in the light of this principle, it is clear that sections 84 and 86 of the punjab municipal act bar, by inevitable implication, the jurisdiction of the civil court where the grievance of the party relates to an assessment or the principle of assessment ..... division, cuttack west, cuttack v. surendranath kanungo, air 1980 ori 119, and a decision of the supreme court in the case of munshi ram v. municipal committee, chheharta, air 1979 sc 1250. so far as the decision reported in air 1980 ori 119, i really fail to understand how that decision is ..... in view of the conceded position, as referred to earlier, in my considered opinion, the provisions of section 7-b(l) of the indian telegraph act having no application to the disputed question, jurisdiction of the civil court cannot be held to be ousted. the contention of the learned senior standing ..... remedy for enforcing it, a remedy provided by the statute must be followed and the court's jurisdiction is ousted. the scheme of the particular act is to be examined to see if remedies normally associated with actions in civil suits are prescribed by the statute. (iv) the legislature may entrust .....Tag this Judgment!
Court : Orissa
Decided on : Jun-18-1993
Reported in : (1994)ILLJ1106Ori; 1993(II)OLR231
..... a dispute before the tribunal and has to be decided as such. in (1977-i-llj-407) (bhavnagar municipality v. a. karimbhai) the observation made was that for the purposes of the act, the complaint under section 33-a takes the form of a reference of an industrial dispute by the appropriate ..... if such question is raised, the tribunal has the duty to decide the matter on merits. in (1959-ii-llj-666) (punjab national bank employees' federation v. punjab national bank ltd.) the court observed that there can be no doubt that in an enquiry under section 33-a the employee would ..... not genuine or had become vitiated due to such practice. this is the general principle of law which remains always applicable to all acts between parties or to acts of a court or a tribunal. between the parties the principle is applicable since the presumption of voluntary participation of the parties ..... to be operative and binding between the parties notwithstanding the notice given for terminating the award and the settlement.4. section 18 of the act declares inter alia a settlement between the parties otherwise than in a conciliation proceeding and any award rendered by the tribunal to be binding between ..... and conducted affording them all opportunities to defend themselves, that they had been paid their legal dues as per the certified standing orders and gratuity act, 1972, and therefore their relationship as employees had ceased from the date of receipt of gratuity, and as such the question of their reinstatement .....Tag this Judgment!
Court : Orissa
Decided on : Nov-05-1993
Reported in : 1994(I)OLR88
..... had received the same the original death certificate issued by the government of orissa,department of health and family welfare, registrar,births &deaths;,cuttack municipality has been filed in addition the affidavit of rajendra in whose address the claimants had sent notice is another piece of evidence which has been ..... insurance, (1908) 3 k.b. 863; refuge assurance v. kettlewell : (1909) a.c. 243 thames and mersey marine insurance v. cunford ship co. (1911) a.c. 529; newsholme v. road etc. assurance co. (1929) 2 k.b. 356).the aim of all insurance is to make provision against the dangers ..... to disclose.(see mithoolal nayak v. life insurance corporation of india ; air 1962 sc 315).sub-section (b) of section 96 of the old act lays down that the expressions 'material fact' and 'material particular' mean, respectively, a fact or particular of such a nature as to influence ..... the parties before the claims tribunals are not participating in the proceedings in a proper manner. the tribunals more often than not are merely acting as tape recorders, by recording evidence, oblivious of the responsibility of passing an award determining the amount of compensation which appears to it to ..... and the balance liability was that of the owner. an appeal was filed in this court under section 173 of the motor vehicles act, 1988 (in short, the 'act')- notice issued to brajabandhu senapati was returned with endorsement by postal authorities that brajabandhu had expired. the notice sent through court came back .....Tag this Judgment!
Court : Orissa
Decided on : Jul-22-1993
Reported in : AIR1993Ori259; 76(1993)CLT720
..... of decisions, to wit, state of assam v. ranga muhammad, air 1967 sc 903; state of assam v. kuseswar, air 1970 sc 1616, samsher singh v. state of punjab, air 1974 sc 2192; punjab & haryana high court v. state of haryana, air 1975 sc 613; state of haryana v. inder prakash anand, air 1976 sc 1841; and chief justice of andhra pradesh ..... construction stands modified by the principle that words, however, clear they may appear to be, must, beread in the 'context' in which they appear; andif they appear in an act, the whole act, or therelevant part of it, must be looked into. and'context' includes intrinsic and extrinsic aidsto construction - preamble being one of theextrinsic aids. !22. the aforesaid shows that ..... before the: property is confiscated, as these provisions virtually require the person affected to prove his innocence. what is more, section 16 which applies to 'all the proceedings under the act' would even operate during trial. a strong submission is advanced about hardship which would follow if the confiscated property is taken possession of even before the person affected is found ..... past history of allegations relating to corruption by persons holding high political office, dating back to 1967, as would appear from constitution of enquiries under either the commission of inquiry act, 1952 or dehors it relating to allegations against the erstwhile chief minister dr. harekrushna mahtab and others who belonged to the congress party, which became the subject-matter of decisions .....Tag this Judgment!
Court : Orissa
Decided on : Mar-15-1993
Reported in : 1993(II)OLR162
..... statutory provision such as sections 432, 433 and 433-a of the code. this aspect was highlighted by the apex court in the case of state of punjab and ors. v. joginder singh and ors. : air 1990 sc 1396. it is open to the president or the governor, as the case may ..... man so that an unusually excitable or pugnacious individual is not entitled to rely on provocation which would not have led as ordinary person to act as he did. the ordinary or reasonable person therefore, was one of normal temperament and average mental capacity.lord simon of glaisdale formulated the objective ..... under section 302, 1pc and sentenced him to imprisonment for life.7. the learned counsel for accused has strenuously urged that at first sight the act committed might appear to be a cold blooded murder. but a scanning of the evidedce of the witnesses would go to show that it is ..... (hereinafter referred to as the 'accused') was the author of the crime. the act complained of macabre to the core has a poignant tale to tell. the accused, an unemployed youth, is claimed to have taken away the life of ..... put in prison, society admits its own failure. as charles peguy, renowned human rights activist has observed one single injustice, one single crime, one single act, particularly if it is officially recorded, confirmed one single insult to humanity.2. a member of administrative service lost his life. prosecution claims that bholeswar setha .....Tag this Judgment!
Court : Orissa
Decided on : Jan-22-1993
Reported in : 75(1993)CLT789; 1993(I)OLR358
..... v. c. k. tyagi, air 1970 sc 1244 and indian airlines corporation v. sukhdeo rai, air 1971 sc 1828. the matter was exhaustively dealt in sirsi municipality v. c. k. p. tellis, air 1973 sc 855, following which in executive committee of vaish degree college v. lakshmi narain, air 1976 sc 888: deepak ..... to be at all consistent with the position of an officer of the appellant.7. shri nanda has referred to a single judge decision of the punjab and haryana high court in indian sulphacide industries v. labour court, (1992) 65 flr 705, in which a practising advocate engaged by a company ..... be taken to be as mere contract of personal service, which was the reason under the common law and is the reason under the specific relief act not to specifically enforce the same. the difficulty in finding employment was also taken note of in this regard. in paragraph 118, the learned judge ..... declaration for continuance in service, the corporations which were before the court were in mind, and not any and every corporation registered under the companies act. it is regarding employees of these corporations that it was stated in paragraph 117 that the corporate employers are impersonal and the service under them cannot ..... relating to the affairs and matters of the company which has come to his knowledge would indicate that the company had section 126 of the evidence act in mind which prohibits a barrister, an attorney, pleader or vakil to disclose any communication to him in the course and for the purpose of .....Tag this Judgment!
Court : Orissa
Decided on : Jul-26-1993
Reported in : 76(1993)CLT376; 1993CriLJ3803; 1993(II)OLR186
..... , it will be helpful to discuss certain principles laid down by the apex court relating to bail.in the case of shri gurubaksh singh sibbia and ors. v. state of punjab, reported in 1980 s.c.c. (criminal) 465 the apex court interpreting sac. 438, criminal procedure code made the following observations :'the question whether to grant bail or not depends for its ..... subject to cross-examination, there is neither a rule of saw nor a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated. thus court must not look out for corroboration unless it comes to the conclusion that the dying declaration suffered from an infirmity by reason of ..... cited at the bar.8. the apex court in the case of khushal rao v. state of bombay, reported in air 1958 sc 22 construing section 32 of the evidence act, 1872 held ;'in order to pass the test of reliability a dying declaration which has to be subjected a very close scrutiny, keeping the view the fact that the statement .....Tag this Judgment!