Court : Orissa
Decided on : Sep-08-1999
Reported in : 88(1999)CLT637; 1999(II)OLR433
..... 18-19).3. this approach is utterly unfair because in modern times public services are manned by those who enter at a comparatively very young age. with selection through national competitive examination and ordinarily the best talent gets the opportunity.4. let us therefore examine as was done by the apex court in d.s. nakara v. union of india ..... when asked for. the main question is what is the remedy. it is not a very difficult question to answer, if the authorities specified in the rules do specified acts within the time frame provided almost all the practical problems posed can be sorted out.17. in dr. uma agrawal's case (supra), the apex court observed as ..... a rough terrain. to note only one stage in 1856 a royal commission was set up to consider whether any changes were necessary in the system established by the 1834 act. the report of the commission is known as 'northoote-trevelyan report'. the report was pungent in its criticism when it says that: 'in civil services comparable to .....
Tag this Judgment!Court : Orissa
Decided on : Oct-15-1999
Reported in : 89(2000)CLT39; 1999(II)OLR628
..... amount of the enhanced market value of 12%per annum, from the date of the notification under section 4(1) of the act till the date of award, since in the present case possession had already been taken before the amending act came into force. {see air 1995 sc 762 : special tahasildar (l.) p.w.d. schemes v. m.a. jabbar).(c) ..... was filed under articles 226 and 227 of the constitution of india and this court by order dated 21.4.1998 came to the following findings :'section 28 as amended by central act 68 of 1984 reads as follows:'28. collector may be directed to pay interest on excess compensation - if the sum which, in the opinion of the court. the ..... while calculating interest as per section 28 of the act, the solatium to be excluded.(d) interest under section 28 of the act is payable from the date of dispossession at the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-02-1999
Reported in : 88(1999)CLT165; 1999(II)OLR25
..... 243c and 243k of the constitution of india, orissa grama panchayat (amendment) act, 1995, particularly sections 9 and 27 thereof, sections 37 and 39 of the orissa grama panchayat act, 1964 and orissa grama panchayat election rules, 1965 as amended by orissa grama panchayat election (amendment) rules, 1995.17. patiently, we have considered the submissions made ..... kurujanga grama panchayat. the election of opp. party no. 1 was declared void in view of rule 39 (i)(e) of the orissa grama panchayat act, 1965. a vacancy was created in the post of sarpanch of kurujanga grama panchayat. in appeal the appellate authority has affirmed the judgment of the trial ..... reported in air 1978 sc 851 (supra). in this decision it has been highlighted as to the provisions of the constitution- the two representation of peoples act and the rules framed thereunder- instructions issued and exercises prescribed constitute the package of electoral law governing the parliamentary and assembly elections in the country.9. .....
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1999
Reported in : 2000(1)ALT(Cri)3; 88(1999)CLT487; 2000CriLJ2473; 1999(II)OLR451
..... complete the investigation in serious cases involving sentence of death and imprisonment for life, etc. was not sufficient. as a consequence, certain amendments were made by act 45 of 1978. for better appreciation, the amended section 167 of the 1973 code, relevant for the purpose is reproduced below :' 167. procedure when investigation cannot be completed in twenty ..... 344, investigation was unduly delayed, as a result the accused had to languish in custody for long period. so in order to remedy the situation necessary amendments were brought in the 1973 code. accordingly, a time limit of 60 days with a provision for its extension under certain circumstances was fixed by adding proviso ..... period as envisaged by section 167(2), cr.p.c.5. before adverting to the question posed, it is necessary to trace the legislative history necessitating amendment of section 167 of the old code of criminal procedure, 1898 (hereinafter referred to as 'old code'). as provided in the said section, a magistrate .....
Tag this Judgment!Court : Orissa
Decided on : Jan-06-1999
Reported in : 2000(119)ELT12(Ori)
..... preliminary objection as regards maintainability of the writ petition. according to him, originally the direction prohibiting transmission of electricity was challenged, and subsequently by way of amendment, the show cause notice was brought into the fold of dispute. during the pendency of the writ petition, pursuant to the direction given by this court ..... indian metals and ferro alloys limited ('imfa', shortly), petitioner no. 3, and the show cause notice issued in terms of section 124 of the customs act, 1962 ('the act' hereinafter) have been challenged in this writ petition.2. sequence of facts leading to filing of present writ petition is as hereunder:a letter of intent ..... relief notwithstanding the existence of an alternative remedy. we need only add that the broad lines of the general principles on which the court should act having been clearly laid down, their application to the facts of each particular case must necessarily be dependent on a variety of individual facts which .....
Tag this Judgment!Court : Orissa
Decided on : Sep-17-1999
Reported in : AIR2000Ori70
..... be or tend to be injurious to human beings or other living creatures or plants or property or environment.in view of section 2(1) of the above amendment act of 1987, the definition of air pollutant as now rendered is 'any solid, liquid, or gaseous substance (including noise) present in the atmosphere.14. it ..... the term 'air pollutant.'the air (prevention and control of pollution) act, 1981 was enacted under article 253 of the constitution of india to implement the ..... of noise pollution. it was after the enactment of the environment (protection) act, 1985, that attention was attracted to noise pollution. but instead of bringing any self-contained enactment for preventing noise pollution, the air (prevention and control of pollution) amendment act, 1987 (47 of 1987) was brought to include noise in the definition of .....
Tag this Judgment!Court : Orissa
Decided on : Dec-23-1999
Reported in : II(2000)ACC487; 2000ACJ1421; 89(2000)CLT608
..... respondent has relied upon the decision of karnataka high court, already noticed, in support of the contention that the workmen's compensation act being a beneficial legislation, the provisions of the amended act should be applied retrospectively to all pending cases. in the karnataka case, the question was with reference to the income of the ..... should have applied the provisions of section 4(1)(a) as existed before amendment by act 30 of 1995. in other words, it is contended that the amended provision is not applicable to cases where the cause of action arose prior to the amended act came into force.5. the learned counsel appearing for claimant-respondent no. ..... 1 submitted that the act being a beneficial legislation, the amended provisions should be applied to all pending cases irrespective of the date of accident and, therefore, .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1999
Reported in : 2001ACJ1874; AIR2000Ori13
..... of torts is founded on the principle that every injury must have a remedy, 'compensation' means anything given to make things equivalent, a thing given or to make amends for loss, recompense, remuneration or pay; it need not, therefore, necessarily be in terms of money, because law may specify principles on which and manner in which ..... is, as pointed out, that he should establish his case by preponderance of probabilities. this he will normally have to do by proving that the other party acted carelessly. such evidence is not always forthcoming. it is possible, however, in certain cases for him to reply on the mere fact that something happened as affording ..... the like. but every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening. an act of god provides no excuse, unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence having regard to the conditions .....
Tag this Judgment!Court : Orissa
Decided on : Jan-04-1999
Reported in : AIR1999Ori111; 87(1999)CLT381
..... 14 reveals that the defendants still admit about filing of the earlier title suit, but the only addition relates to denial of the alleged malice. in the proposed amendment, the defendants do not want to delete the averment made in the original written statement, but want to explain by saying that though the earlier suit had been ..... purchased properties of these defendants. these defendants have valid and lawful title and possession over their purchased properties beyond any question or challenge.' 3. so far as the amendment to paragraph 19 is concerned, the said prayer was rejected mainly on the point that the petition had been filed at a belated stage. true it is, the ..... by the trial court, the present revision has been filed by the defendants.2. in order to appreciate the disputed questions, it is necessary to extract the proposed amendments sought to be incorporated :--'(i) that in para-14 of the original written statement the following may be added :-- it is true that the defendant no. 3 .....
Tag this Judgment!Court : Orissa
Decided on : Jun-29-1999
Reported in : 2001ACJ458; 89(2000)CLT794
..... lesser amount. however, by the date of accident, while the policy issued was still in force, the limit of statutory liability had been enhanced by way of amendment. it was contended before the supreme court that the liability of the insurance company was limited to the amount indicated in the provision of section 95 of the ..... issuance of the insurance policy.4. the learned counsel appearing for the appellant has submitted that while the aforesaid position was applicable to the cases under the old act, such decision would be inapplicable in the present case. in support of such contention, the learned counsel for the appellant has placed reliance upon the provision ..... party, a limit of rupees six thousand:provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier.placing .....
Tag this Judgment!