Court : Orissa
Reported in : 103(2007)CLT351
..... indicated regarding notification on election to any panchayat and in this writ petition election to any panchayat is not called in question. admittedly no law relating to delimitation of any constituency or allotment of seat to such constituency is challenged in this writ petition. under such circumstances, the prohibition under article 243(o) is ..... for filing claims and objections. after disposal of claims and objections filed before the electoral registration officer, he will compile the same and make necessary amendment to the preliminary electoral roll and prepare draft electoral roll and that be kept open for inspection in the office of grama panchayat as well as ..... that the provision in the orissa grama panchayats election rules, 1965 (in short 'the rules, 1965') and the provisions in representation of people's act, 1950 (in short 'the act, 1950') were not properly followed, petitioner has sought for the relief already indicated above.3. in a misc. case, contention was raised by the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori258
..... 248. the learned advocate-general appearing on be-half of the state, drew our attention to section 8 of the amending act of 1956, (orissa act x of 1956). clause (f) in section 8 of the said amending act is as follows:'whenever due to any defect, irregularity, or illegality in the constitution of the gram panchayat or by ..... the validity of the appointment of the tahsildar as the competent authority under section 98 (f) of the act. the original clauses (g) and (h) to section 98 were re-lettered as clauses (f) and (g) by the amending act of 1951. clauses (f) and (g) are in the following terms:'(f) appoint authorities in accordance ..... panchayat was dissolved, steps were being taken to hold the grama panchayat election under the intensive grama panchayat scheme of reorganisation of grama sabhas according to the fresh delimitations which had been finalised shortly before. since it was not possible to hold the election immediately, the tahgil-dar. banapur, was appointed as the proper authority .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori145; 20(1954)CLT308
..... in that section shall be deemed to authorize the high court to convert a finding of acquittal into one of conviction. the powers of the high court are delimited by the two sections. while exercising the powers of an appellate court, it can set aside an order of acquittal and convert it into one of conviction. ..... to the provisions of section 106 not so as to enhance the same;.(c) in appeal from any other order, alter or reverse such order;(d) make any amendment or any consequential or incidental order that may be just or proper.'the section, therefore, defines the powers of an appellate court both in an appeal against acquittal ..... whether the trying magistrate did infact record any order of acquittal, either impliedor express, in holding that he was unable to punishthe accused under section 24, cattle trespass act. ishall assume, for the moment, that there is anto implied order of acquittal and then examine thesoundness of the contention which seems to bebased upon certain decisions.7. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT880
..... down by the hon'ble apex court. the case of the state government is that the delimitation of wards and reservation of seats has been made afresh in tune with the provisions of the orissa municipal corporation act, 2003 and the rules framed thereunder basing on the information furnished by the municipal commissioner, cuttack municipal ..... as may be recommended by the state election commission, calling upon all wards in the city to elect corporators in accordance with the orissa municipal corporation act, 2003 and the rules made thereunder before such date or dates, as may be specified in the said notification or notifications and since no date was notified in ..... the action of the state government in reserving the ward no. iii for the scheduled tribe is therefore contrary to section 7 of the orissa municipal corporation act, 2003. even then the same government issued the final notification reserving ward no. lll for the scheduled tribe. the allegation of the petitioner is that there has .....
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR179
..... seconder is not a mandatory requirement under the relevant statutory provisions and by saying so the learned district judge has referred to rule 29(1) of the orissa municipal (delimitation of wards, reservation of seats and conduct of election) rules, 1994. the said rules have been framed under section 392 of the orissa municipal ..... . ganguly, j.1. this writ petition has been filed challenging a judgment dated 26th february, 2005 passed by the district judge, koraput, in election petition no. 1 of 2003 filed by one lambodar turuk.2. by the said impugned judgment the district judge held that the election petition has merit and is to be allowed and came to a ..... he thinks necessary, reject any nomination on any of the following grounds-(i) that the candidate is ineligible for contesting election under sections 12,13 and 16 of this act;(ii) that the candidate is unable to produce an affidavit from the competent authority to the effect that he has not more than one spouse living and not more than .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT506
..... the authority and it may proceed to consider declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under the act. since we have in the present case proceedings before the. consolidation authorities, it would necessarily imply in the adjudication of a dispute involving conflicting claims in ..... ineffective and the legal effect would hinge upon such a declaration. based thereon, if the document requires to be set aside or cancelled, the consolidation authorities under the act have no power to cancel such deed. therefore, the proceedings would not abate. as held, but if the document is void, the proceedings in any court ..... it arises before the lower appellate court does not abate in terms of section 4(4) of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972. the learned lower appellate court having rightly held so, there is no illegality or infirmity in the impugned order calling for interference of this court .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR177
..... cuttack and they have constructed a residential house on the said land. land acquisition case no. 17 of 1997 was initiated under the land acquisition act, 1894 (for short, 'the act') for acquisition of the said land. the petitioners submitted their objection to the acquisition of the said land stating that they have constructed their residential ..... house by incurring huge expenses, but the authorities did not pay any heed to the said objection. thereafter notification under sections 4 and 17 of the act was issued on 4.5.1999 stating that the land measuring more or less ac.2.23 decimals described in the schedule to the notification was urgently needed ..... the aforesaid two requisites would render the land acquisition proceedings void. he argued that in the present case, no such notification under section 4(1) of the act has been published in the official gazette and no such public notice containing the substance of the notification has been given in the locality concerned. but we .....
Tag this Judgment!Court : Orissa
Reported in : [2002(94)FLR278]; (2002)IILLJ229Ori; 2002(I)OLR336
..... efflux of time, they were promoted to executive posts. they retired, on attaining the age of superannuation, prior to september 24, 1997, when the payment of gratuity act was amended. the sail paid one lakh rupees to each of the respondents nos. 2 to 166 towards their gratuity in consonance with section 4(3) of the payment of ..... the said judgment, as stated earlier, is impugned in this letters patent appeal.3. the learned counsel for the appellant, relying upon the amended provisions of section 4(3) of the payment of gratuity act which was introduced on september 24, 1997, submitted that the ceiling with regard to gratuity payable to the executives is rupees one lakh. ..... gratuity act, 1972 (hereinafter referred to as 'the act'. being aggrieved by such payment, applications were filed under rule 10, sub-rule (1) of the payment of gratuity .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT636
..... district judge was having the jurisdiction to entertain application under section 115 of the code in view of the orissa amendment of section 115 vide orissa act 26 of 1991. therefore, the appeal can be regarded as a revision under section 115 of the code and ..... others.4. while pressing this revision as against the impugned order, the following two points was pressed into service; viz:(i) after amendment of the code in 1976, the order passed under section 47 is no more appealable and (ii) the order of eviction is ..... the tenant preferred the appeal, which was disposed of by learned additional district judge as per the impugned judgment delivered on 11.3.2003 in the misc. appeal no. 18/1 of 1998-2001. it is noted by learned additional district judge that:'while considering the ..... j. 1 . this civil revision is directed against the judgment of the additional district judge, sambalpur passed on 11.3.2003 in misc. appeal no. 18/1 of 1998-2001.2. admittedly, petitioner was the tenant opposite party in h. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori160
..... , which is not in any way applicable to the facts and circumstances of the present case.'maintenance' has not been defined either in the 1998 code or in the electricity act, 2003 or in the new code of 2004. as per the chambers 21st century dictionary, 'maintenance' means 'the process of keeping something in good condition'. so, when as per clause 27 ..... is concerned, if there is any dispute in the bill, it is open to the petitioner to approach the grievance redressal forum constituted under section 42(5) of the electricity act, 2003.8. for the foregoing reasons, the writ petition is allowed in part. the o.ps. are directed to draw the line and provide power supply to the petitioner's crusher .....
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