Court : Orissa
Reported in : 1988CriLJ32
..... that the grounds of detention must also be prepared, signed and served simultaneously : otherwise the detention would be void.the recent amendment of the act by act 60 of 1984 inserting section 5a also weakens this submission by making the following provision:(b)'the government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.it is, therefore, ..... 1982 sc 1 : 1982 cri lj 146 has held that the central government also being empowered to pass an order of revocation, a duty was cast upon it to see that the report received under section 3 or any communication or petition received from the detenu was considered with 'reasonable expedition'.the reasons which were offered in the counter-affidavit for the alleged delay at the state government level also explain ..... of police, greater bombay air 1957 sc 228 : 1957 cri lj 10 arising out of a case under the public safety preventive detention act, 1950 and it was observed as follows:hence the word 'forthwith' means only that the act should be performed with reasonable speed and expedition and that any delay in the matter should be satisfactorily explained.it was held that the former expression was more peremptory ..... state of maharashtra (1987) 1 crimes 811, took the view that the grounds of detention formulated, prepared and signed two days after the issue of the order of detention .....
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2385; 1992(I)OLR197
..... the law underwent a further change with the introduction of section 304b in the penal code and section 113b in the evidence act by the dowry prohibition (amendment) act, 1986. ..... in order to combat this menace the legislature deckled to amend the penal code, criminal procedure code and the evidence act by the criminal law (second amendment) act, 1983 (no. ..... the amendment act 46 of 1983 received the assent of the president on 25th december, 1983 and was published in the gazette of india, extra, dated 26th december 1983. ..... thus, under this newly added provision if a woman is subjected to cruelty by her husband or his relative it is penal offence and by the insertion of section 198a in the code of criminal procedure a court can take cognizance of the offence upon a police report or upon a complaint by the aggrieved party or by the woman's parents, brother, sister, etc. ..... 1412 construing the provisions of section 113a, evidence act held that under the provisions of section 113a of the evidence act, as inserted with effect from december 26, 1983, unless the husband can be held guilty of subjecting the wife to cruelty, no presumption of abetting the wife in committing suicide is available under the provision.the bombay high court in the case of smt. ..... state of maharashtra and ors. .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... considered the aforesaid view and disagreeing with the same had referred the matter to be placed before a larger bench, a single judge decision of the bombay high ..... under the code, has come to the conclusion that even though by virtue of the transitional provision, the offence committed under the act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court of session can exercise the said power only when the case-is committed to it by a magistrate when we ..... prepared setting out the iegal rights of an arrested person and the state of maharashtra will bring out sufficient number of printed copies of the pamphlet in marathi which is the language of the people in the state of maharashtra as also in hindi and english and printed copies of the pamphlet in all the three languages shall be affixed in each cell in every police lock up and shall be read out to the arrested person in any ..... saving provisions in section 5 lay down that ordinarily the code will not affect any special law; any local law; any special jurisdiction or power; and ..... jurisdiction enjoys save and except the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori46
..... challenging the constitutional validity of sections 28-b(5) and 28-c(5)(a) and 28-c(9) inserted to the jagannath temple act by jagannath temple (amendment) act, 1983 (hereinafter called 'the amendment act') and for declaring the same as ultra vires being hit by articles 14, 25, 26 and 300a of the constitution of ..... putting it differently it would mean that the new article 300a which says that 'no person shall be deprived of his property save by authority of law' must be construed to mean that the law must be a valid law and no law of acquisition or requisitioning property can be valid unless there is provision therein for commensating the expropriated owner as it is an inherent condition attached to the ..... has argued that although the 44th amendment of the constitution has repealed article 19(1)(f) and the entire article 31, it has, ..... to give the same quality and extent of protection to private property as the courts in the united states give under the 'due process' clause, and the american doctrines of 'eminent domain' and 'police powers' may again be ..... maharashtra, held as follows (at page 379) :--'it would be difficult to conclude that by deletion of article 31 from part iii of the constitution the parliament intended to confer absolute right on the legislature to deprive the citizen of his property by mere passing of a legislation without complying with the requirement that the deprivation is for a public purpose and ..... bombay high court in the decision reported in air 1984 bombay .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori251; 78(1994)CLT1040; 1994(I)OLR353
..... the government of india in the ministry of law and justice had written to all the chief secretaries of all state governments and union territories to extend the medical facilities to the high court judges retiring from one high court of a state and settled down in another state in terms of sub-section (2) of section 23d of the high court judges (conditions of service) act, as amended by the amendment act of 1976. ..... become a condition of service of retired judges of the court, yet in its practical application, only those judges are receiving the same who are residing in the 15 cities where the central government health scheme is in force and out of those 15 cities, 4 are in uttar pradesh, 3 in maharashtra, 1 in west bengal 1 in tamil nadu, 1 in karanataka, 1 in andhra pradesh, 1 in bihar, 1 in rajasthan and 1 in delhi and 1 in gujarat. ..... the government of india in the department of health and family welfare had taken a decision in july, 1987, extending central government health scheme facilities to central government pensioners in delhi, bombay, calcutta, madras and poona, which decision has been annexed as annexure 2 series to the writ application, and under the said decision, the central government pensioners in the aforesaid 15 cities who were eligible for availing c.g.h.s. .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT68; 1998CriLJ3413
..... again sub-section (1) of section 7 underwent amendment by essential commodities amendment ordinance 1974 and subsequently the same was replaced by the amendment act, 1974 (act 30 of 1974) which received the assent of the president on 29-8-1974. ..... by the aforesaid amending act the words 'if any person contravenes any order made under section 3' was substituted by words 'if any person contravenes, whether knowingly, intentionally or otherwise' any order made under section 3'. ..... section 7(1) as it stood prior to amendment by act 36 of 1967 envisaged that if any person contravenes any order made under section 3, then he shall be punishable for different charges, mentioned in that sectiom a question arose whether contravention referred to above covers cases where contraventions are even unintentional ..... however, by the very same amendment act 30 of 1974, the legislature introduced section 10c. ..... . the learned single judge relying upon the decisions of bombay and madras high courts referred to supra observed that even where a public notice has been issued, it will not be operative unless published in the official gazette and such publication cannot be equated with mere printing of such notice ..... the court also referred to another decision in the case of state of maharashtra v ..... moreover, it appears from the evidence of p.w.3, a.s.i, of police that the truck carrying kerosene was seized while it was proceeding from the side of the petrol pump belonging to bhagaban das chaturbhuj towards gate-bazar. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori116; 105(2008)CLT86
..... contained in any other provisions of this act, and the rules or bye-laws framed thereunder, the members of the committee including the co-opted members, if any, but excluding the members nominated or appointed under clause (ii) of sub-section (1-b) of section 28, sub-section (1) of section 31 and sub-section (1) of section 32, of the primary societies affiliated to the central society or an apex society shall be deemed to be the members of their respective central society or, as the case may be, of the orissa co-operative societies (amendment) act, 1997 so long as they continue as member ..... applying the said test if we give the provision in section 16(1-a), 16(1-b) and section 16a(2) read with sub-section (1)(a) and the different provisions under section 28(1-b) and (1-c), it is seen that if a person loosing the primary qualification as the member of the co-operative society, he cannot continue as a member of the committee constituted under section 28 irrespective of the period for which he continues in that office. ..... state of maharashtra and ors. ..... 29.07.2004, therefore, the committee was to continue till 28.07.2008 and accordingly the order of super-session, annexure-1 is illegal and liable to be quashed. ..... shanmugha vilas cashewnut factory, quilon, reported in : [1954]1scr53 and also the decision of the supreme court in the case of state of bombay v. .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT192(NULL)
..... the purpose of levying iax on the lease rental against the nil return filed by the petitioner, the assessing officer placed reliance on the explanation to section 2(g)(iv)(a)(i) of the orissa sales tax act, 1947 (hereinafter, 'ost act') which stipulates that the sale or purchase of goods shall be deemed to take place inside the state if the goods are within the state at ..... the constitutional validity of explanation to section 2(g) of the ost act has also been challenged by the petitioner on the ground that the provision of article 286 of the constitution and, sections 3, 4 and 5 of the central sales tax act and entry-92a of list ii of vii schedule of the constitution of india has overriding effect on the ost act of the state and no local tax can be imposed on a sale in course of import or export or sale taking place outside the state or in course ..... by virtue of the constitution (forty-sixth amendment) act, legislative power was conferred on state legislatures to levy sales tax on transactions-which are strictly not sales within the purview of the sale of goods act, but covered by sub-clauses (a) to (f) of clause (29a) of article ..... state of maharashtra, reported in 75 stc 217 (supra) wherein the hon'ble bombay high court held that it was open to the state of maharashtra to levy tax on lease transaction on the basis that the goods leased out were located in the state of madras at ..... a statutory tribunal to read down the provision of an act in order to save its from being struck down. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46
..... we have heard the learned counsel for the parties patiently, noted the citations carefully, perused the materials meticulously and considered the submissions pragmatically and for the discussions made above, we have arrived at the following conclusions:(1) after introduction of section 100-a in the code of civil procedure by 2002 amendment act, no letters patent appeal is maintainable against a judgment/order/decree passed by a learned single judge of a high court. ..... orders from which appeal lies - (1) an appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force from no other orders:(clause (a) to (f) omitted)(ff) an order under section 35-a;(ff-a) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;(g) an order under section 95;(h) an order under any of the provisions of this code imposing a fine or directing the arrest or detention in the ..... in that case an appeal was filed under clause 15 of the letters patent of bombay high court (which is pari materia to clause 10 of the letters patent governing this court). ..... state of maharashtra : [1966]3scr744 ; gobinda v. ..... the judgment of august 6, 2008 passed by a learned single judge of this court in fao no. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR710
..... . though the petitioners have challenged the vires of the provision section 7-c (2) of the orissa education (amendment) act, 1994 in this case, we are not inclined to examine the vires of the same because of the reason that it was the state government, which constituted the committee and the committee submitted report in 2006 and the letter dated 08.11.2007 communicated to the state counsel shows that the matter shall be placed before the cabinet sub-committee ..... 1-state as back as in the year 1996, taking the stand that in view of the provisions made in section 7-c of the orissa education (amendment) act, 1994, private colleges imparting education in law are not entitled to get the benefit of the grant-in-aid. ..... . besides the members of the committee, secretary higher education, the representation of the planning and co-ordination department and finance department, orissa secretariat, bhubaneswar were also present at the time of discussion.the supreme court of india in its decision in the case of state of maharashtra v ..... (3) save as otherwise provided, no private educational institution which has not been recognized by the state government under this act shall be entitled to receive any aid from the state government. ..... . as in this case, a sole government law college cannot cater to the needs of legal education or requirement in a city like bombay .....
Tag this Judgment!