Court : Orissa
Decided on : Feb-26-2002
Reported in : 2002(I)OLR449
..... on reading both the judgments we feel that the apex court has applied the principle of implied bar created under industrial disputes act and the other under panjab municipal act (3 of 1971) under section 61 (1) (b).7. mr. routray, learned advocate appearing for the opp. ..... them - is specific to the subject of refund and is apart from and in addition to the general bar implicit in the act. the education act has self-contained provisions which provide sufficient mechanism to resolve the controversy between the parties. therefore, the parties should have to ..... other analogous provisions of different statutes which specifically prohibits exercise of jurisdiction of the civil court. since section 24-b of the amending act does not inhibit the civil court to exercise its power, therefore, it cannot readily be inferred that it has no jurisdiction. ordinarily ..... national bank v. o. c. krishnan and ors.) which runs as follows :'the act has been enacted with a view to provide a special procedure for recovery of debts due to ..... take resort to such adjudicatory process to achieve their right and bar to the jurisdiction of the civil court shall be inferred by the necessary implication. in a recent judgment the apex court held in 2001 air scw 2993 (punjab .....Tag this Judgment!
Court : Orissa
Decided on : Jun-21-2002
Reported in : AIR2002Ori193; 94(2002)CLT461
..... , when there is compliance with the provisions of the statute and the rule.' 7. however, the statutory provisions referred to above under section 133 of the orissa municipal act are different from those of the hyderabad municipal act. section 133(1) provides for imposition of water and lighting taxes only when supply water has been provided or lamps have been lighted 'in the area ..... tax and light tax.4. at the time of admission of the appeal, the following substantial question of law was framed :'whether tax under section 133(1) of the orissa municipal act can be refused to be paid in the absence of services rendered ?'in view of the above substantial question of law, it is necessary to refer to the relevant provisions ..... under sections 131 and 133(1) of the orissa municipality act:'131. power to impose taxes : (1) 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 ..... this contention, mr. mishra, appearing for the appellant, relied upon the decisions reported in air 1995 sc 1506, air 1995 punjab & haryana 116 and air 1965 ap 91.6. in air 1965 andhra pradesh 91, nizam sugar factory ltd. v. city municipality, bodhan and anr., reference has been made to the settled position of law with regard to the taxes and fees .....Tag this Judgment!
Court : Orissa
Decided on : Apr-06-2002
Reported in : 93(2002)CLT633; 2003CriLJ105; 2002(I)OLR618
..... the accused persons above named were dragging the deceased along the street, other six accused persons being armed with swords, tangi, gurkha knife joined them near municipal high school no. 1. accused manoj padhi, sana gantayat, dambaru nayak and bulu were armed with swords whereas accused sarat sahu was armed with tangi ..... who are interested, related and partisan cannot be relied upon in a case ofthis nature. in this regard air 1995 sc 1727 (ramnath v. state of punjab) can be relied upon. in the case at hand, the prosecution witnesses are not only interested, related and partisan in spirit, but also their evidence ..... be examined for the reasons recorded above, the post-mortem report (ext. 13) can be admitted into evidence under section 32 of the indian evidence act and the same cannot be brushed aside merely for the reasons that the doctor conducting autopsy over the dead body of the deceased has not been examined ..... sc 702, wherein their lordships laid the law that section 32 of the evidence act provides that when a statement written or verbal is made by a person in discharge of professional duty and his attendance cannot be procured without an ..... to the accused, the post-mortem report was marked as ext. 13 which has been admitted into evidence under section 32 of the indian evidence act in support of which reliance can be placed on the ruling in the case of prithiv chand v. state of himachal pradesh reported in air 1989 .....Tag this Judgment!
Court : Orissa
Decided on : Aug-02-2002
Reported in : 94(2002)CLT280
..... air 1991 sc 2219. in the aforesaid case the respondent was appointed as an ad hoc sub-inspector in the district food and supply department of punjab state. he absented himself from duty for certain period and his services were terminated. he filed the suit for declaration that the order of dismissal ..... residuary article. the purpose of the residuary article is to prove for cases which could not be covered by any other provision in the limitation act. the party aggrieved by the invalidity of the order has to approach the court for relief of declaration that the order against him is inoperative ..... before the learned civil judge (sr. div.). had the said period been taken into consideration and excluded, taking aid of section 14 of the limitation act the lower appellate court should have come a finding that the suit is not barred by time. 7. shri sinha, learned counsel appearing for the respondents ..... terms of section 14 of the limitation act, the finding of the learned appellate court is not sustainable. (e) whether in view of the finding of the learned lower appellate court that ..... fact that the plaintiff has been prosecuting t.s. no, 143/94 with due deligence and therefore in view of section 14 of the limitation act, the learned lower appellate court should have excluded the said period from limitation but the lower appellate court having not considered the said period in .....Tag this Judgment!