Court : Orissa
Reported in : 109(2010)CLT158
..... probative value than the entry made in the voters identity card.10. it is no doubt true that the register of births & deaths under the registration of births & deaths act, 1969 is a public document &, therefore, can be admitted into evidence without formal report. but, however, any entry made therein is to be proved & no presumption can ..... an entry of birth made in an official record maintained by an illiterate choukidar, by somebody else at his request does not come within section 35 of the evidence act & with regard to entry of date of birth in the school admission register, the supreme court in the said case observed that in actual life it often ..... the petitioner as the duly elected member of the panchayat samiti. the opp. party no. 1 filed election case no. 3 of 2007 under section 44-b of the panchayat samiti act before the learned civil judge (senior division), athagarh challenging the election of the petitioner. the main ground taken in the election petition was that the petitioner .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT247
..... date of acquisition of title, if the land was not converted from an earlier forest.11. the writ petition is accordingly allowed. the impugned order dated 12.3.2007 passed by the opp. party no. 3-divisional forest officer, satkosia wild life division, angul & the order dated 16.4.2008 passed by the conservator of forests ..... accordance with the provisions of the orissa timber & other forest produce transit rules, 1980.5. after the aforesaid, the d.f.o. by order dated 12.3.2007 under annexure-10 rejected the application of the petitioner on the ground that the removal of trees from the above plot is non-forestry activity & the petitioner shall ..... obtain prior permission from the government of india under the forest conservation act, 1980. as against the aforesaid order, the petitioner again preferred an appeal before the conservator of forest on 7.5.2007 in annexure-11. as the appellate authority i.e. the conservator of forest did not dispose of the .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT59
..... court vide wp(c) no. 140/07. considering the limited nature of grievance of the petitioners, this court disposed of the said writ petition on 21st february, 2007 with direction to the managing director of the corporation to look into the grievance of the petitioners and take a decision with regard to their claim under vrs as ..... they were entitled to salary till that dated.7. the further ground is that as the establishment of the corporation was not declared 'closed' under the industrial disputes act, and the services of the petitioners had not been terminated, it would be presumed that they were in employment and thus entitled to all benefits flowing out of ..... belated applications filed by the petitioners with regard to their salary for the period from 1998 to 2001 cannot be entertained in these writ petitions filed in the year 2007. further, as the corporation became defunct since 1998 and the petitioners had no duty to discharge, they were not entitled to any salary for that period, and .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR44
..... such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this ..... like gratuity, provident fund and unutilized leave salary in equal shares.7. in view of the aforesaid discussion of the case laws, the order of the tribunal dated 2.8.2007 is quashed and this writ application is allowed holding that the petitioner's minor children, namely, mamata das and rooja das are entitled to an equal share of the family ..... and rooja das, aged about 17 years and 10 years respectively.2. the petitioner had approached the orissa administrative tribunal, cuttack bench, cuttack in o.a. no. 1494 (c) of 2007 on behalf of her minor children praying for grant of pensionary benefits and other statutory dues after the death of her husband who was working as a process server (class .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT95; 2009(I)OLR447
..... and despatch of manganese ore of all grades. the report further reveals, pursuant to the reports submitted by the senior inspector in-charge of the mines on 8.6.2007 to the deputy director of mines, joda, stating therein that he suspected that the lessee was working outside the leasehold area, the deputy director on the same day ordered ..... what was in his mind, or what he intended to do. public orders made by public authorities are meant to have public effect and are intended to affect the acting and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. orders are not like old ..... stockyard site, quarry site and pits with specific remarks and found that the pits were within the mining lease area. after verification of the leasehold area on 27.12.2007, the lessee was granted transit permit by opposite party no. 3 for removal of the manganese lump ore and fines. the said transit permit was granted and continued to .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR761
..... petitioner gave several reminders which are at annexure-9 and 10. as despite several reminders opposite parties failed to take steps this arbitration petition has been filed on 12.09.2007 for appointment of an arbitrator.5. in this matter, opposite parties have filed a counter affidavit. in the counter affidavit, the stand which has been taken is that ..... opinion that in the instant case one arbitrator is to be appointed by this court under section 11 of the said act.8. in this case, since both the parties have agreed for the ..... after repeal of the 1940 act. under such situation, this court already held that, the orissa arbitration tribunal does not survive. it has been so held by this court in the case of bhagheeratha engineering ltd. v. state of orissa and ors. reported in 2007 (supp. ii) olr 615.7. that being the position, this court is of the .....
Tag this Judgment!Court : Orissa
Reported in : (2009)22VST386(Orissa)
..... v. shyam sunder haldar air 1953 sc 148, the honourable supreme court has taken a similar view placing reliance on various judgments particularly hansraj gupta v. dehradon-mussoorie electric tramway co. ltd. and commissioner for special purposes of income-tax v. pemsel [1891] ac 531, wherein it has been held that the court cannot proceed with ..... intended what it has said; even if there is some defect in the phraseology used by the legislature, the court cannot add and amend or by construction, make up the deficiencies which are left in the act.15. in sri ram ram narain medhi v. state of bombay : air1959sc459 , the constitution bench of the honourable supreme court while ..... to avoid the real or imaginary hardship in which it may result.23. making any generous addition to the language of the act would not be a construction of the statutory provision rather would be an amendment thereof, (vide royal trust company v. minister of finance the province of british columbia air 1921 pc 184).24. the .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR935
..... . pradhan, learned counsel for opposite parties, on the other hand, supports the impugned order and notice annexure-1 and 2.4. the order of the executive magistrate dated 14.08.2007 initiating the proceeding under section 107, cr.p.c. reveal that on perusal of the p.r. submitted by the i.i.c., rasgobindapur p.s., he was satisfied that ..... ordera.k. parichha, j.1. heard learned counsel for the parties. the petitioner, who has been arrayed as a delinquent in cmc no. 467 of 2007 in the court of learned executive magistrate, criminal court, baripada, has filed this petition challenging the order initiating the proceeding under section 107, cr.p.c. against her basically on .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR779
..... and 4 are personally present.2. heard.3. the petitioners have filed this application under section 482 cr.p.c. with a prayer to quash the order dated 13.9.2007 passed by the learned j.m.f.c. (r), cuttack in g.r. case no. 1144 of 2006 taking cognizance of offences under sections 498-a/377/294/323/114 ..... /406/506/34 i.p.c. read with section 4 of the dowry prohibition act.4. it appears that g.r. case no. 1144 of 2006 was registered on the basis of f.i.r. lodged by the petitioner no. 4 against petitioners 1, 2 ..... . state of orissa and anr. 2004 (ii) olr 642, ajaya kumar das v. state of orissa and two ors. (2005) 31 ocr 339, hemanta kumar rout v. state of orissa (2007) 37 ocr 698 & balabhadra rout and ors. v. state of orissa and ors. (2008) 40 ocr 363 may be referred to. in b.s. joshi and ors. v. state of .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR777
..... the abatement of air pollution. moreover, the nearby road does not have any roadside tree plantation on tree growth to act as a shelter belt.6. during the course of hearing of this appeal, this authority by order dated 15.12.2007 directed the board to inspect the unit along with the revenue authority and to submit report regarding (i) the distance ..... b.p. das, j. (chairman)1. this appeal under section 31 of the air (prevention of pollution) act, 1981 (in short 'the air act') is directed against the order dated 8.2.2007 passed by the regional officer of the state pollution control board, cuttack, vide annexure-9, refusing consent to establish the appellant stone crusher unit, i.e., m/s. rout crusher .....
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