Court : Orissa
Reported in : AIR1952Ori42
..... provincial transport or regional transport authorities, till some time very near before the act takes effect, incumbency of regular permits, other than temporary ones, at the time the modifying act comes into operation, was inevitable. such permits under the amending act could be nullified by the operation of its provisions, section 4 or 5 ..... over several private bus owners. if different agencies are engaged in different types of transport services such as railways & motor buses there may be unhealthy competition amongst them & a tendency to create unnecessary duplication of each. on the other hand, one company which controls the entire road transport service of orissa ..... not my' intention to trespass into the field of politics or economics & to join in any controversy regarding the relative merits of monopoly versus free competition or state ownership & control of business versus private ownership & management; but a brief discussion of these matters is unavoidable because article 19(6) has .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT308; 1993(I)OLR303
..... the government in the grade shall be considered for promotion.7. a combined reading of the aforesaid rules yields this result: if an assistant teacher had been recruited through competitive examination, he need not be b. ed. and so, for such an incumbent to be considered for promotion to the post of headmaster, seven years' teaching ..... school, it would be enough if he has passed bachelor's degree examination (or an equivalent examination) of a recognised university, if he is to be recruited through competitive examination. if, however, the mode of selection is taken recourse, to rule 10-a comes into force, which first requires that the incumbent must have served in ..... code, which, by that time had acquired statutory force because of what has been provided in section 27(4) of the 1969 act. it is, therefore, contended that had the circular been issued after the amended regulations saw the light of the day, the decision would have been different. as to this submission, we would state that .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori156
..... of sale notice under annexures b/l and c/l during the process of conducting the auction on 28-10-1999, precluding 50% of bidders from participating the bid/competition, noncommunication of the highest offer received, by the financial institutions to the unit-holder to match/better the offer or take the unit at the price offered, non- ..... payment or on deferred payment, but there is no justifiable reason as to why bidders offering to purchase on deferred payment basis were kept out of the arena of competition on bidding. it is submitted that the institute of management and information science had offered rs. icrore and 20 lakhs as down payment. but the authorities decided to ..... the petitioner did not take any step to implead such a party inasmuch as the new plea by way of amendment was rejected by the court. sri ray submitted that by virtue of section 29 of the state financial corporation act, the deemed owner transferred the unit to opp. party no. 5 and in that event by virtue of the .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT156; [2002]127STC168(Orissa)
..... manufacture of vanaspati which has a good market in the state of orissa as well as outside the state. it is a foot selling consumer item but the competition being tough, the petitioner is not in a position to raise the price of its product above that of the competitors as price like would virtually affect its existence ..... , 1999.s.r.o. no. 59/99 -- in exercise of powers conferred by section 6 of the orissa sales tax act, 1947 (orissa act 14 of 1947), the state government do hereby make the following amendment further to amend the notification of the government of orissa in the finance department no. 20206-cta-14/76-f. dated the 23rd april, 1976 ..... 1992 or of any other year. there is no disputethat the sales tax exemption allowed to the petitioner was in exercise of power conferred by section 6 of the act. it is, therefore, necessary to extract the notifications extending the sales tax exemption and the impugned notification withdrawing the same which are respectively, at annexures-8 and 9 .....
Tag this Judgment!Court : Orissa
Reported in : [2006]134CompCas305(Orissa)
..... they carried on the distribution and retail supply of electricity after obtaining retail supply licence from oerc.6. while matters stood thus, gridco initiated a competitive bidding process for selecting private sector investors to invest in the business of distribution and retail supply of electricity. the consortium of aes corporation of ..... (2) aes, opgc holding, mauritius ; and (3) aes (india) p. ltd., as opposite parties in the aforesaid mjc, as well as for consequential amendment of the pleadings.2. it is pertinent to mention here that the district judge by a common order which is impugned in this appeal has rejected the aforesaid petitions ..... of granting licence and regulating the generation, transmission, distribution and retail supply of electricity in the state of orissa. in consonance with the aforesaid reforms act, oseb ceased to function and gridco became its successor assuming the functions of transmission, distribution and bulk supply and retail supply of electricity in the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori113
..... the orissa subordinate administrative service (recruitment) rules 1950, deals with direct recruitment and says that:'direct recruitment shall be made on the result of a competitive examination to be conducted by the commission, in accordance with rules, framed in this behalf (reproduced in annexure).'the rules reproduced in the annexure purport ..... the laws in force in the territory of india immediately before the commencement of the constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority'. from this it follows that until parliament has made a law under article 16(3) the ..... that state prior to such employment or appointment. (4) & (5) ..... ..... ..... ..... ......' it is, therefore clear that both under the government of india act and under the present constitution, no discrimination could be made on the ground of residence and no citizen could be declared ineligible for entry into government service on the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... plying for hire on the district board road and the only point in controversy was whether a licence was required under section 166, madras act. moreover section 166 (1) (a) as amended by the amending act, 1930 (madras act xi [11] of 1930) does not contain the expression 'ply for hire.' on the other hand the material portion of that ..... the district board (see section 112 (1) (i) ). the regulation of traffic with a view to provide for the convenience of passengers or for preventing unhealthy competition amongst rival transport services was not the function of the district board. it is true that there is overlapping of the functions of the two bodies to some extent, ..... ) to (f) of sub-section (1) of schedule 7, a transport authority is required to consider the interests of the public, the necessity of preventing unhealthy competition among transport services, the condition of the roads and other factors. the repair or maintenance of the roads was not a matter within the scope of the central .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori121; 23(1957)CLT134
..... transport authority for consideration they must consider all the applications in accordance with the law as it stands to-day, that is to say the parent act as amended by the amending act of 1949.10. the answer to this question would depend on whether the applicant can be said to have had a vested right of renewal on ..... other conditions are equal the state transport service may have to be preferred in the interests of proper co-ordination of transport facilities and with a view to prevent unhealthy competition in a route; and (2) though, ordinarily, under the proviso to sub-section (2) of section 58 when an application for renewal is made an old ..... 147 (1) of the parent act also, two new clauses, namely, (g) and (h) were inserted as follows:'(g) other conditions being equal, in the interest of proper co-ordination of transport facilities, the expediency of giving due' consideration to a state transport service;(h) the necessity for preventing unhealthy competition in any route or routes or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... and equitable apportionment of the rant so distributed. those two sections, viz,, schedule 1 and s 31-a, apply to transfers made after the passing of the amending act (act viii [8] of 1938). in respect of past transfers the legislature made a provision in section 31-b enacting that the transferee shall be liable to pay ..... plaintiff must be inoperative inasmuch as the co-sharer landlords, defendants 3 and 4, were not bound to implead the transferee in their cent suit. the' competition is between two purchasers of an occupancy holding which was at one time non-transferable. the issue about non-transferability is raised not by the landlord but by ..... but for that purpose that section has to be construed along with sections 30 a, 31a and 31b which were all contemporaneously inserted in the parent act by the amending act of 1938 and which along with schedule 1 consolidate the law relating to transfers of occupancy holdings. any necessary implication arising out of the construction of those .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori122
..... the door to innumerable objections resulting in a protracted proceeding it was thought necessary to restrict the category of objectors, and section 68-d (1) was amended limiting the category of persons entitled to object. rule 6, however, provides that any person or authority may object but it cannot over ride the section, ..... authority aggrieved by the: scheme. the rule cannot enlarge the category enumerated in section 68-d of the act, the legislative changes of 68-d (1) leads' to the same conclusion. the provision prior to its amendment by act 56 of 1969 was to the following effect:-- '(1) any person affected by the schema published under ..... thereby a higher percentage of employment and that whenever private operators enter the field whereby an unhealthy competition with the government or para-government transport services raises its head to the latter's detriment, the routes, where such a competition comes to play, should, as a policy, be nationalised. these considerations on the part of .....
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