Court : Orissa
Reported in : (1976)ILLJ362Ori
..... dismissal, discharge, or retrenchment has led to that dispute, but does not include any such person -(i) who is subject to the army act, 1950 (46 of 1950), or the air force act, 1950 (45 of 1950) or the navy (discipline) act, 1934 (34 of 1934); or(ii) who is employed in the police service or as an officer or other employee of a ..... we think it appropriate to quash the impugned order as not being in accordance with law and would require the appropriate government to make a reference under the act of the dispute relating to the determination of the petitioner's service for adjudication by an appropriate tribunal.7. as there was no appearance for the opposite party ..... employment, government of india declining to refer a dispute for adjudication of the appellate tribunal under section 10(1) read with section 12(5) of the industrial disputes act, 1947.2. the petitioner was first employed as an agent by the national insurance company limited. in october, 1969 he came to be appointed as an inspector .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori169; 34(1968)CLT1404; 1969CriLJ930
..... on a charge of having committed the offence of, without sufficient cause, overstaying the leave granted to him, under section 39(b) of the indian army act, 1950 (central act 46 of 1950). 2. on march 2, 1967 the petitioner was granted leave for two months with effect from that date and was permitted to proceed to his ..... of his version; the certificates were exhibited in the case. 9. we are satisfied that the summary court-martial duly followed the procedure under the army act, the army rules and the rules of natural justice and awarded the punishment after considering the entire evidence on record including the statement of the accused and the materials ..... imprisonment and dismissal are, in substance, these: the entire proceedings of the summary court-martial were conducted in violation of the procedure laid down in the army act and the rules made thereunder; the charges which were in english were not explained to him in oriya the language he understands; that the entire proceedings were .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR88
..... nominations' must mean that the last hour of the last date during which presentation of nomination papers is permitted under sec.23 of the representation of the people act, 1950. an insurance policy is meant to cover liability incurred by the owner of a vehicle or property as a result of accident taking place in future and not ..... last date fixed for filing the nomination which was 17-4-1974 could be regarded as valid. in that case section 23 of the representation of the people act, 1950 was referred to which prescribes that the inclusion of names in the electoral roll can be carried out tilt the last date for making nominations for an election in ..... notice of this court that 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 be 'just'. the .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR87
..... respondents 1 and 2 appeared and filed their joint objection. apart from disputing the amount claimed, they also challenged the legality of invocation of the power under section 31 of act. it was contended that as the corporation parted with hypothecated vehicle without giving any notice to the surety-respondent no. 2, the guarantor stood discharged from his liability as ..... to a proceeding under section 31(1) and section 32 of the act was also before this court in the case of orissa state financial corporation v. desari adinarayana, 1995 (ii) olr 12 and relying upon the decisions reported in air 1979 sc 1765, air 1987 sc 1950, air 1989 sc 2113 and jt 1991 (i) sc 524, in paragraph- ..... 6 of the judgment it was held as follows :'in view of aforesaid position of law, conclusion is inevitable that the period prescribed under art. 136 of the limitation act and not art. 137 thereof is applicable to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... though those incidents had always attached to it. it appears to me that this argument is untenable. the act itself purports to be an amending act as recited in the preamble:'where as it is expedient to amend the orissa tenancy act, 1913, in the manner hereinafter appearing'. further schedule says 'shall be sub stituted' & does not say ..... 'shall be deemed to have been always substituted'. for instance, when this amending act of 1946 was further amended by act xxxii (32) of ..... reduction of rent' & 'commutation'. the fascicule of ss 27 to 31 b appear under the heading 'incidents of occupancy right' which may be regarded as a preamble to these sections. section 30 a which deals with transfer of occupancy holdings was in force at the time of the amendment of schedule 36. on a plain reading .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... though rules 57 c5) of the 1930 rules remained operative.37. the appellate authority' against penalties imposed on district judges before 26-1-1950 was the governor acting in his individual judgment and not acting with the aid and advice of his council of ministers. such a functionary was abolished in the constitution. thus, the appellate authority ..... seen that the disciplinary and punishing authority of the districi judges from 1-4-1937 till 26-1-1950 was the governor acting with the aid and advice of the council of ministers and an appeal lay to the governor acting in his individual judgment against penalties imposed by the 'local government.'29. the legal position as ..... to right of appeal of district judges prior to 26-1-1950 may be summed up thus:(i) the governor in his individual judgment was the appointing authority of district judges. (ii) the 'local government', i.e. the governor acting with the aid and advice of the council of ministers was the disciplinary and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori359
..... march, 1949. thereafter, there was balloting out of certain members in purported compliance with the provisions of section 12 of the act and of the rele-vent statutes. elections consequent thereupon were held sometime before the end of 1949. next year again in 1950, 'after the second annual meeting of the senate, which appears to have been held in march ..... to inter-fere with any present and vesied rights of the fellows of the university, i should have hesitated to say, notwithstanding that the balloting is an executive act, that the act is open to cancellation or review by the vice-chancellor. but i am unable to see how in the present case, the balloting conducted so much in ..... ballot the 25th july, 1951, invalid for another reason. on the view taken by my lord the chief justice, the fellows elected on 25th november, 1949 and 5-1-1950 would come within the cate gory of 'first elected fellows' and they s also be subject to the liability of being balls out. if, therefore, the slips containing .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori281
..... admitting the intermediaries to be the landlord and not the emperor of india. the intermediaries never claimed that they are the real landlords. even in the documents of 1950 or 1953 they did not make any such claim. mere permission to others to occupy a vacant piece of land and collecting premium for such permission would not ..... this lends further assurance to the correctness of the entry in ext. 3. ext. 2isaregisterofthe municipality prepared under rule 163 of the rules made under the orissa municipal act. having been prepared under a statutory rule, in the absence of any proof that it is a self-serving statement after the dispute arose and the same was ..... . both the parties essentially depend on their respective title to the disputed property. the suit being one for possession based on title, article 65 of the limitation act is attracted whereunder the period of limitation for the suit would be twelve years from the date when the possession of the defendant became adverse to the plaintiff. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori168
..... with, what purports to be the confessional statement, cannot be treated as a validly recorded confession under schedule 64 which could be brought in under schedule 6, evidence act & that it must therefore be disregarded.25. the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record of ..... tendered or has been received in evidence. the result intended for is that the recorded statement or confession shall be admitted into evidence notwithstanding anything contained in the evidence act, 1872, (s. 91), but always subject to the consideration that the error, if any, has not injured the accused in his defence on the merits.' ..... in this connection, i would invite attention to two very recent judgments of the madras & bombay h. cs. viz., 'karunathambi subramania goundar v. state', (1950 1 ml j 659 at p. 662: (air (37) 1950 mad 579: 51 cr l j 1047) & 'bhimappa saibanna v. emperor', air (32) 1945 bom 484: (47 cr l j 252) respectively. with .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
..... to be for five years, and art. 173 deals with the conditions of eligibility. reference is then made to certain provisions of the representation of people act, 1950, which has provided for total number of seats in the legislative assembly, and so far as orissa is concerned, the second schedule mentions that the ..... provisions, it is contended, and rightly, by shri rath that the officie of the mla is created by the constitution read with the representation of people act, 1950, whereas the actual election of mlas is supervised, directed and controlled by the provisions contained in arts. 324 to 329 of the constitution and the provisions ..... association v. state of bombay : (1961)iillj663sc . in the first case, the court was examining the question whether section 77 of the hyderabad district municipalities act, which has conferred express power in negative language on the municipal committee to transfer immovable property, impliedly prohibited transfer of the property. it was held in paragraph .....
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