Court : Orissa
Reported in : 102(2006)CLT409; 2006(II)OLR363
..... and events involved in the case and the contention of the parties leads to the sequence that as per the constitution (scheduled castes) orders (second amendment) act, 2002, which was published on 18th december, 2002, so far as orissa is concerned, inter alia serial no. ..... he further argued that when the constitution (scheduled castes) orders (second amendment) act, 2002 has not been made retrospective on the wisdom of the parliament and the president and the amendment is to add the castes and not to declare or to give a clarification, therefore, the ratio in the case of zile singh (supra) and the other citations relied on by opposite party no.2 ..... to dhibara profession should be taken as included in the term dhibera.it may not be inappropriate to indicate here that the state government had taken this stand in several communications to the union government though the central government had not accepted the recommendations of the state government on the ground that under the constitution it is not open to the president to make any ..... it may be reiterated that the directives of this court in narayan behera's case (supra) was considered by the central government notwithstanding rejection of the request of the state on earlier occasions to include 'keuta' and 'kaibarta' as members belonging ..... for orissa state, it remained all along as '24-dewar' until it was substituted by central act no.61 of 2002 published in the gazette on 18.12.2002, and according to that, serial ..... of central excise .....
Tag this Judgment!Court : Orissa
..... he has further stated that with reference to the provisions made under article 243 w in 74th constitution amendment act, the orissa municipal act was amended vide the orissa municipal (amendment) act 1994 (orissa act 11 of 1994) adopting the 12 th schedule with the provision that, the municipality shall have power with respect to the performance of functions and the implementation of schemes, more particularly in relation to sl.nos.10 and 11 of the said schedule. ..... the urban local bodies in the entire state viz municipalities and municipal corporations shall take effective measure to draw up a comprehensive development plan (cdp) as envisaged under the provisions of the orissa municipal act and the orissa municipal corporation act, 2003 and also identify appropriate land government or private and if necessary acquire the same on the basis of the requirement for the purpose of construction of residential apartments to rehabilitate/resettle the slum ..... 2005-2012 and that each state has been given fixed allocation under bsup & ihsdp schemes and that during the current financial year 2010-2011, rs.2357.60 crore and rs.1015.43 crore respectively have been budgeted for bsup and ihsdp schemes which would clearly indicate that the central government keeping in view the constitutional amendment to article 39-a and the directive principles of the state policy to discharge its constitutional obligation under .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... the petitioner namely, steel authority of india limited (raw material division)(hereinafter described as 'sail(rmd)' filed the writ applications, inter alia, seeking to challenge the orissa act 3 of 1994 by which amendment was inserted in the orissa irrigation act, 1959 and orissa irrigation (amendment) rules, 1994 and further praying to declare the same to be invalid and unconstitutional on the ground of repugnancy and in competency of the state legislature and as a colourable piece of legislation ..... the applicant and the sureties hereby jointly and severally covenant with the governor as follows:a) the applicant shall pay water charges for the water actually consumed as per the provisions of orissa irrigation act, 1959 and rule made thereunder on or before 31st march every year.b) the applicant shall make suitable arrangement to take the water from the point at which it will be supplied.c) the ..... another central act, namely, 'the public sector iron and steel companies (restructuring) and miscellaneous provisions act, 1978' (act no ..... to the steel authority of india limited in the year 1978, as per the central act 42 of 1978, namely the bolani ores limited (acquisition of shares) and miscellaneous provisions act, 1978. ..... that since the use of water in mining operation was also covered by another central act namely, water (prevention & control of pollution cess) act, 1977 as well the petitioner claimed to have an indefeasible riparian legal right under indian easement act, 1882. .....
Tag this Judgment!Court : Orissa
Reported in : (2003)ILLJ381Ori; 2002(II)OLR632
..... that context and in the circumstances of the case, we are of the view that the management was justified in requesting the tribunal to call for the concerned file from the central government so that the scope of the reference can be ascertained with certainty with reference to the list of persons attached to or intended to be attached to the order of ..... in that context, the management requested the tribunal to call for the concerned file from the central government so that the scope of the reference could be determined with precision with reference to the list referred to in the schedule to the order ..... the tribunal will urgently call for the concerned file from the central government and then proceed to answer the reference expeditiously in accordance with law and ..... it is more or less clear that even though the copy of the order of the central government communicated to the management on the question referred to the industrial tribunal for decision refers to an attached list, no such list actually accompanied that order with the result that it was not communicated to the ..... in his failure report under section 12(4) of the industrial disputes act (hereinafter referred to as the 'act'), the conciliation officer had referred to in particular to the workmen engaged in chp, canteen, rest house ..... going by the report under section 12(4) of the act, the persons whose claims were to be adjudicated upon ..... industrial tribunal, it appears to us, has acted in unnecessary haste in adopting such a .....
Tag this Judgment!Court : Orissa
..... (3a) xx xx xx notwithstanding anything contained in sub-sections (2) and (3) where any proprietor of a direct-to-home (dth) broadcasting service is providing entertainment immediately before the commencement of the orissa entertainment tax (amendment) act, 2010 he may continue to provide entertainment,(a) for a period of three months from the date of commencement of said amendment act, or (b) till the permission under sub-section (2) is granted by the commissioner, if an application to that effect is made in the prescribed manner within the period specified in clause (a). 24. ..... dth broadcasting service has been described in the guidelines issued by government of india on 15th march, 2012 as under: direct-to-home (dth broadcasting service) refers to distribution of multi-channel tv programmes in ku band by using a satellite system by providing tv signals direct to subscriber s premises without passing through an intermediary such as cable operator. 23. ..... the activity undertaken by the chartered accountant or cost accountant is similar to saleable or marketable commodities produced by the assessee and cleared by the assessee for home consumption under the central excise act. xx xx xx 43. ..... both parliament and state legislatures have concurrent power of legislation with respect to matters in list iii subject to central legislation prevailing in case of repugnancy.30. .....
Tag this Judgment!Court : Orissa
..... in view of the above judgment of this court in the case of fakirmohan das and others (supra) and amendment of sub-section (3) of section 122 of the orissa grama panchayats act by orissa grama panchayats (amendment) act, 2008 published in the notification dated 10th february, 2009 of orissa gazette, this court is of the view that the order of suspension dated 09.04.2012 passed by the collector, kalahandi under rule-12 of o.c.s. ..... according to the counter affidavit of the opposite parties-state, the workload in the panchayats has increased and still likely to increase many fold in view of different development schemes introduced by both the central government and the state government and huge flow of money for development and therefore, additional staffs are necessary to cope with that pressure of work and to properly monitor and utilize of the funds allocated ..... apart from the above, orissa act 7 of 2009, the orissa grama panchayats (amendment) act, 2008 published in notification dated 10th february, 2009 of the orissa gazettee amended sub-section(3) of section 122 to the effect that subject to the provision of sub-section (1), the executive officer shall function under the control and supervision of the grama panchayat. 15. ..... dalai submitted that as per section 3 of the said amended act, 2008 subject to the provision of sub-section (1), the executive officer shall function under the control and supervision of the grama panchayat. . mr. .....
Tag this Judgment!Court : Orissa
..... the said amendment act prohibited establishment, continuance and recognition of private b.ed colleges. ..... till coming into the force the orissa education (amendment) act, 1989. ..... jatannath pattnaik, learned senior counsel appearing for the petitioners assailed the impugned judgment of the tribunal on the following grounds:i) in absence of any rule with regard to recruitment of teacher educators, the state government or the central government, as the case may be, was competent to issue executive instructions or guidelines to cover the 9 field. ..... the orissa education act was amended in 1989 prohibiting establishment and functioning of private b.ed. ..... mohapatra and the honourable shri justice c.r.dash date of hearing 13.08.2012 : date of judgment:31. ..... the 31st august, 2012/c.r.biswal. ..... 08.2012 l. .....
Tag this Judgment!Court : Orissa
..... the said amendment act prohibited establishment, continuance and recognition of private b.ed colleges. ..... till coming into the force the orissa education (amendment) act, 1989. ..... jatannath pattnaik, learned senior counsel appearing for the petitioners assailed the impugned judgment of the tribunal on the following grounds:i) in absence of any rule with regard to recruitment of teacher educators, the state government or the central government, as the case may be, was competent to issue executive instructions or guidelines to cover the 9 field. ..... the orissa education act was amended in 1989 prohibiting establishment and functioning of private b.ed. ..... mohapatra and the honourable shri justice c.r.dash date of hearing 13.08.2012 : date of judgment:31. ..... the 31st august, 2012/c.r.biswal. ..... 08.2012 l. .....
Tag this Judgment!Court : Orissa
..... to rules 6 and 7 otherwise the very object of the constitution (fifty-second amendment) act by which the tenth schedule was added would be defeated. ..... of odisha state nationalist congress party, is before this court seeking for issuance of a writ of mandamus to the speaker of the odisha legislative assembly directing him to dispose of the disqualification petitions filed by him on 10.07.2012 against four members of the 14 th odisha state legislative assembly, who have joined in biju janata dal (bjd) by invoking his power 2 under para 8 of the tenth schedule of the constitution of india read ..... further submitted that the learned speaker has to see that parliamentary democracy must function in a healthier way and governance under the constitution shall be given to the people either by the central government or by the state government as they are required to govern the people strictly in conformity with the provisions of constitution and implement the law enacted by them and the state legislature ..... the object and intendment to give effect to the provision of constitution and that it is no.possible to give strict interpretation to rules 6 and 7, otherwise the very object of the constitution fifty-second amendment act by which tenth schedule was added, would be defeated. ..... the learned speaker has no.taken any action on the said petitions, thereby the object and intendment of the tenth schedule, which was added by the constitution (fiftysecond amendment act, 1985) have been frustrated. .....
Tag this Judgment!Court : Orissa
..... the said amendment act prohibited establishment, continuance and recognition of private b.ed colleges. ..... till coming into the force the orissa education (amendment) act, 1989. ..... jatannath pattnaik, learned senior counsel appearing for the petitioners assailed the impugned judgment of the tribunal on the following grounds:i) in absence of any rule with regard to recruitment of teacher educators, the state government or the central government, as the case may be, was competent to issue executive instructions or guidelines to cover the 9 field. ..... the orissa education act was amended in 1989 prohibiting establishment and functioning of private b.ed. ..... mohapatra and the honourable shri justice c.r.dash date of hearing 13.08.2012 : date of judgment:31. ..... the 31st august, 2012/c.r.biswal. ..... 08.2012 l. .....
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