Court : Orissa
Reported in : 2001(II)OLR284
..... orissa ministerial services (method of recruitment for the post of junior clerk in the district offices) rules, 1985 (hereinafter referred to as 'the rules' were amended prescribing therein that the period of validity of merit lists drawn up for appointment of ministerial staff of a particular recruitment year would be one year from the ..... the opposite parties there are 23 vacancies of junior clerks existing in the office of the collector, puri and other subordinate offices therefore irrespective of the amendment made in the year 1992 with regard to the select list, the collector, puri is directed to give appointment to these petitioners in the vacant existing ..... cases should be decided alike. thus the doctrine of precedent is applicable to the central administrative tribunal also. whenever an application under section 19 of the act is filed and the question involved in the said application stands concluded by some earlier decision of the tribunal, the tribunal necessarily has to take into .....
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR396; [2003]131STC19(Orissa)
..... not be coloured by any irrelevant considerations or matters of prejudice......... on no account whatever should the tribunal base its findings on suspicions, conjectures or surmises nor should it act on no evidence at all or on improper rejection of material and relevant evidence or partly on evidence and partly on suspicions, conjectures and surmises and if it does ..... of q. 285.70 kgs. and scrapped charges of suppression on other counts. in the result, he reduced the assessment of tax by rs. 55,200 under the act. aggrieved by such order, the state preferred appeals before this forum. no memorandum of cross-objection was filed by the dealer-applicant. the division bench after hearing the ..... reflected in the order of reference are :'.,,...... that the dealer-applicant was assessed by the s.t.o., bolangir-i circle, bolangir under section 12(4) of the act raising extra tax demand of rs. 83,023 against applicant mainly on the ground of excess stock of paddy of q. 285.70 kgs. less stock of rice .....
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR112
..... report to the delinquent in the matter of making his representation. even though the second stage of the inquiry in art. 311 (2) has been abolished by amendment, the delinquent is still entitled to represent against the conclusion of the inquiry officer holding that the charges or some of the charges are established and holding the ..... of article 311; (2) reinstatement of a dismissed worker under industrial law or by labour or industrial tribunals; and (3) a statutory body when it has acted in breach of a mandatory obligation imposed by statute. the aforesaid decision rather supports the contention of the learned counsel for the appellant that the court in such case ..... to why major penalty shall not be imposed.4. defendant no. 2 filed his written statement stating that in view of the provisions contained in the administrative tribunals act, 1985 the civil court had no jurisdiction to try suit relating to service matters. it is stated in the written statement of defendant no. 2 that original .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori47
..... it is an admitted fact that the last date for filing of nomination was 31 -3-2004. as per section 23(3) of the representation of the people act 1951, no amendment, transposition or deletion shall be made under section 21 and no direction for inclusion of names in the electoral roll of a constituency shall be given after the ..... registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as may be given by the election commission in this behalf, amend, transpose or delete the entry :provided that before taking any action on any ground under clause (a) or clause (b), or any action under clause (c) on the ..... off illegally, they or any of them could have appealed under rules 23 of the registration of electors rules, but no such appeal was filed. there was no amendment, transposition or deletion of any entry in the electoral roll after the last date of filing the nomination. moreover, there is no specific pleading that the 14000 voters .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT60
..... matters' cannot be given a narrow meaning. its scope is wide and that is why the legislature has taken care to add 'all service matters' in the act and thus the interpretation of 'all service matters' would be 'service matter of a person continuing in a post after acquiring the status of a government servant' ..... servant from the date of taking over of the institution. the petitioner filed an original application before the orissa administrative tribunal, cut tack bench, under the administrative tribunals act, 1985, claiming her promotion to the post of trained graduate teacher with effect from 12.5.1989, when she acquired the b.ed, qualification. she further prayed ..... the teaching and non-teaching staff acquire the status of government servants, grievances raised by them come within the purview of the administrative tribunal act and consequently, a proceeding pending in the high court requires to be transferred to the orissa administrative tribunal for decision in terms of section 29 of the .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR490
..... experienced and specially trained officer, whose evidence will come within the fold of the evidence of an expert witness as contemplated under section 45 of the evidence act. the question is as to whether can an officer recently join in service, claim as an experienced and specially trained officer. in this regard no guideline ..... took up investigation. after completion of investigation prosecution report was submitted against the present petitioner under section 47(a) and (f) of the bihar and orissa excise act. 3. the stand taken by the petitioner was that the articles seized had not been taken from his actual conscious possession nor was it in his domain or ..... the factual matrix leading to filing of this revision is as follows :the petitioner was prosecuted under section 47(a) & (f) of the bihar and orissa excise act in the court of judicial magistrate, 1st class, kashipur at rayagada. after completion of trial the learned magistrate convicted the petitioner and sentenced him to undergo r.i .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori6
..... the agriculturists and not necessarily to the non-agrilturists. they however, disapproved of the lower court's observation that there could not be any partial amendment of a decree under the act with regard to some only of the judgment-debtors who were agriculturists leaving alone the others on the basis of the decision in ramier's case ..... representation and defendant 8 was really conducting the proceedings on behalf of the decree-bolder (sadhu gantayatani) who is his cousin sister.'paragraph 9 of the plaint as amended reads ;'the plaintiff instituted this suit for the recovery of rs. 22,514 from defendant 8 and the properties purchased by him in court auction as described ..... ,000 in the sale proclamation will not make the sale 'subject to mortgage' within the mischief of exception 3 clause (i) of section 2, orissa money lenders act (orissa act iii [3] of 1939); and that (iii) conceding that the defendant 8's purchase was at a sale of the mortgage properties 'subject to mortgage' within the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori19; 42(1976)CLT796
..... 35 or section 36-a (other than an order dismissing the case for default or non-prosecution) prior to the date of commencement of the orissa land re-forms (second amendment) act, 1975, may if he has not preferred an appeal as provided in sub-section (1), prefer the same within one year from the said date.59.revision: -59 ..... that an -appellate order under section 44 is not amenable to revision under section 59 (1) of the act.by the amending act, appellate orders made under section 44 (2) of the act even in proceedings initiated prior to the amendment would be open to revision because providing a revision as a new and/or additional forum for ventilation of grievance ..... to whether the impugned appellate order was revisable, it is necessary mainly to consider the provisions in sections 44, 45, 58 and 59 of the act. these provisions have been amended by orissa act 29 of 1976 which came into force with effect from 19th may, 1976. for convenience, we extract below juxtaposed to each other the various .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori32
..... bench. this is how the case has come before us. 2. mr. s. c. mohapatra for the appellant contends that article 11 of schedule ii of the court-fees act, 1870, as amended in orissa, applies to this case while mr. r. k. mohapatra, the learned government advocate, contends that article 17a applies. to appreciate the rival contentions articles 11 and ..... , or munsif.fifteen rupees if the value for purposes of jurisdiction does not exceed four thousand rupees, one hundred rupees if such value exceeds four thousand rupees by orissa amendment the fee has been enhanced to 11/2 times. the valuation in this case is less than four thousand rupees. if this article applies then the court-fee payable ..... sec- 47 or section 144 of the codeof civil pro- -cedure, v of 1908 and is presented. (a)xx xx (b)to a high courtfour rupees xx xxby orissa amendment fee has been enhanced to 1 1/2times. so it would be six rupees. thus if article 11 applies, six rupees court-feeaffixed to the memorandum of appeal is correct .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori83; 53(1982)CLT1
..... held extensive properties. as the petitioner's claims for settlement of certain lands which had vested under the orissa estates abolition act were still to be disposed of under chapter ii of the orissa estates abolition act, when the orissa land reforms (amendment) act of 1973 came into operation from 2-10-1973, he furnished a provisional return on 31-12-1973 under section ..... 40-a of the act. orissa land reforms ceiling case no. 30 of1974 was instituted on the basis of the return and a .....
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