Court : Orissa
Reported in : 708(2005)CLT100; 2005(II)OLR686
..... than two children on the date when she filed the nomination to contest as a ward member and was, therefore, disqualified under section 25 (1) (v) of the act is based on the reports of the district inspector of schools, puri, sub inspector of schools, kanas block, district inspector of schools, khurda, certified copies of school registers ..... a grama panchayat, ample opportunity is to be afforded to such person to nullify the allegations made against him. in other words, the above provision of the act is in compliance with the principles of natural justice which means the person against whom allegations are made has a right to fair hearing and a decision regarding his ..... due opportunity to the petitioner by his order dated 15.3.2004 has declared the petitioner disqualified by exercising power purported to be under section 26 of the act and thereafter published the said order in the notice board. being aggrieved by the said order dated 15.3.2004 vide annexure-1, the petitioner has preferred .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori93
..... section 10 of the consumer protection act, 1986. the result is that the terms and conditions of the service of ..... 3) of section 10 of the consumer protection act, 1986 provides that the terms and conditions of members of the district forum shall be such, as may be prescribed by the state government. the amending act which introduced section 24-b in the consumer protection act, 1986 has not amended the said provisions of sub-section (3) of ..... kept in mind in all cases is that the person concerned should have a reasonable opportunity of presenting his case and that the administrative authority concerned should act fairly, impartially and reasonably....................' 7. thus, what the court has to examine in the present case is whether the revenue divisional commissioner while conducting .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR342
..... teachers on ad hoc basis by the government.on 4.10.1992 rule. 4 (which deals with appointment to junior teaching posts) of the 1979 rules was amended by which selection through the selection board was done way with and it was prescribed that selection shall be made through the commission. on 25.1.1983 the ..... under article 309 of the constitution has been made regularising their services.8. now coming to the validating act, the contention of the private opposite parties is that without amending or removing the lacuna in the 1979 rules, the validating act cannot by mere declaration validate or regularise the ad hoc appointment of forty- nine junior teachers who were ..... irregularly recruited. the counsel for the petitioners on the other hand contended that rules, 3, 4 and 15 of the 1979 rules were amended with effect from 4.10.1992 and, as .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori42; 101(2006)CLT117; 2006FAJ124
..... drug licences in form nos. 20-a, 20-b, 20-g, 21 -a & 21 -b as prescribed under the drugs and cosmetic rules, 1945 (for short, 'the rules') (as amended from time to time). the said licences, according to the petiti9ner, were valid on the date when the supply of the drug in question was made. he further submitted that ..... , orissa, who is the licensing authority, certifying that the petitioner has never been prosecuted and found guilty under any of the provisions of the drugs and cosmetic act, 1940 (for short, 'the act'), there was absolutely no reason on the part of the opp. party to black list the petitioner's firm.4. a counter affidavit has been filed on ..... were granted by licensing authority in favour of the petitioner's firm does not require to mention the name of any such 'qualified person'. in the charging section under the act also non-reporting of the death of such 'qualified person' whose name appears in form 21 -c by which licences are renewed does not amount to any offence. we, .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT122; [2006(108)FLR1142]
..... is also stated by the petitioner that provision under section 25-n is not attracted so also there is no violation of the provision under section 25-g of the act.5. on due consideration of the rival claim, the presiding officer framed the following issues :(i) 'whether the unskilled nmr workman like nmr peon, nmr watchman, nmr ..... impugned order) were junior to him, he was preferred to be retrenched in contravention of section 25-g of the act. he also told that one hrushikesh mohapatra and pitabasa rout were given appointment as peon without considering his case for such appointment. petitioner further stated that his case of ..... as nmr w.e.f. 17.6.1985 and continued as such till 30th april, 2001, he was retrenched under section 25-f of the industrial dispute act, 1947 (in short 'the act') and in lieu thereof wage for a period of one month was paid to him. his grievance is that though similarly situated several persons (named in the .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT173; 2006(1)OLR1
..... find that the area in which the land in question is situated, has been marked as residential zone in the master plan framed under the orissa development authorities act and the petitioners who are the subsequent purchasers, have constructed their houses after due approval of the building plans by the competent authority of the bhubaneswar development authority ..... the said land though the said land was originally leased out for agricultural purpose.7. the reason for initiation of a proceeding under section 3-b of the act as it appears from the impugned order, is derived from the order passed in a writ petition (ojc no.9449 of 1993) and the tahasildar has stated ..... have constructed their residential houses over the said purchased properties and are residing thereon, peacefully. the petitioners allege that a resumption proceeding under section 3-b of the act was initiated by the tahasildar, bhubaneswar in the year 2002 i.e. after lapse of 24 years from the date of grant of the lease and by order .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR486
..... the basis of the charge-sheet submitted by the excise officer, learned magistrate took cognizance of offence under section 47 (f) of the bihar and orissa excise act. the petitioner thereafter filed an application before the learned magistrate for quashing the order taking cognizance on the ground that the jaggery (guda) seized from the godown ..... sabara and ors. v. state of orissa) held that mere possession does not amount to commission of offence under section 47(f) of the bihar and orissa act. prosecution must prove that the materials under possession of the accused was for the purpose of manufacturing intoxicating drug or liquor. there is absolutely no material on ..... second question raised by the learned counsel for the petitioner, it appears that the 'liquor' has been defined in section 2 of the bihar and orissa excise act, which includes all liquids consisting of or containing alcohol such as spirits of wine, spirit wine, fermented tari, pachwai and beer, and also unfermented tari and .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ80
..... committed such heinous crime.to other offence is under section 4 of the dowry prohibition act, 1961 (in short 'the act, 1961'). 'section 8(2) of that act read with the orissa amendment by orissa act -1 of 1976 reads as hereunder :(2) save as otherwise provided, other offence under this act shall be bailable and non-compoundable.it is thus clear that be it under ..... section 320 so far as the offence of kidnapping and rape of minor girl or offence under section 4 of the act, 1961, are .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ380
..... chand jaswantraj jain v. pradhan : air 1979 sc 1501 : (1979 cri lj 1131). the period of inaction is without justifiable reason, thereby infringing requirement of acting with utmost expedition.'6. despite the aforesaid position of law that the state government was required to separately and independently consider the representation dated 22-l-2002 of ..... sagar v. state of orissa, representated by its secretary to government, home department, (1997) 13 orissa cri r 286 which was a case under the national security act, 1980, a division bench of this court following the aforesaid decision of the supreme court in suit. gracy v. state of kerala (air 1991 sc 1090) ..... the advisory board and not to the central government against an order of detention passed under the prevention of illicit traffic in narcotic drugs and psychotropic substances act. 1988, the supreme court held:'it being settled that the aforesaid dual obligation of consideration of the detenu's representation by the advisory board and .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR187
..... the award of compensation as fixed by the government before the learned civil judge (senior division) deogarh.3. the claimant on receipt of notice under section 9(3) of the act claimed compensation basing on the annual net yield multiplied by twenty. according to him. the acquired land is fertile for which the compensation fixed by the state government is quite ..... respondent to the extent of ac. 5.12 decimals in jambunal mouza for construction of rengali dam project. in this connection there was notification under section 4(1) of the act being published in orissa gazette vide eog no. 1030 dated 18.7.1982. the state fixed the market value of the acquired land at. rs. 22,160.50 p. the ..... m. papanna, j.1. state of orissa brought this appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the 'the act'). the appellant challenged judgment of the learned civil judge (senior division), deogarh in l. a. case no.'72 of 1999'awarding a sum of rs. 1,02.48 1.92 .....
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