Court : Orissa
Reported in : 105(2008)CLT541
..... presently known as civil judge, senior division) on the reference made by the land acquisition collector, cuttack under section 30 read with section 18 of the land acquisition act, 1948 (in short 'the act'). it reveals on record that under declaration no. 33849, dated 03.05.1977 ac.0.06 decimals of 'sarada' variety of land from plot no. 285 ..... no. 283 under khata no. 78, both in mouza hitarana under tirtol police station was acquired. the l.a. collector determined the rate of compensation under section 11 of the act @ rs. 3000/- (three thousand) per area. on determination of the quantum of compensation he entertained objection of markanda charan sahu (appellant in f.a. no. 1/9 of ..... indicated in the impugned award. the rate of interest is also modified to be @ 9% and 15% respectively in terms of the provision of section 28 of the act. that be also calculated and paid to appellant markanda charan sahu within a period of two months from today, failing which it is open to the appellant to take .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR93
..... section 27(d) cannot be sustained.12. now, it is to be seen whether the petitioner is guilty of the charge under section 28-a of the drugs and cosmetics act. section 28-a reads thus:28-a. penalty for not keeping documents, etc., and for non-disclosure of information. whoever without reasonable cause or excuse contravenes the provisions of ..... it contemplates not merely stocking the drugs but stocking the drugs for the purpose of sale and unless all the ingredients of this category are satisfied, section 27 of the act would not be attracted. p.w.1 is the drug inspector and a witness to seizure. he states that he seized the stocks from the possession of the petitioner ..... f.c. kendrapara, who tried the case by his judgment dated 28.11.1995 convicted the accused-petitioner under sections 27(6) and 28-a of the drugs and cosmetics act and for the offence under section 27(d) sentenced him to undergo rigorous imprisonment for one year and to pay a fine of rs. 500/-, in default rigorous imprisonment .....
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ3699
..... has to be liberally interpreted so as to give effect to the object and legislative intent of such enactment. according to him, negotiable instrument (amendment) act, 1988 were inserted in the act for the purpose of enhancing acceptability of the cheques in settlement of dues and liabilities by making the drawer alive to penalties in case of dishonoring ..... be the loser in the transaction and it is for his interest the very provision is made by the legislation.8. section 142(b) of the act before the amendment simply said that a magistrate would not take cognizance of an offence unless a complaint in writing is filed within 30 days from the date of cause ..... challenged the legality of the impugned order solely on the ground that the complaint was barred by limitation. according to him, section 142 of the act as it stood before the amendment never contemplated any provision empowering the magistrate to condone the delay and take cognizance of complaint filed beyond the period of 30 days from the .....
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR542
ORDER1. Heard Mr. J.M. Mohanty, learned counsel for the petitioner and Mr. A. Mohanty, learned counsel for the opp. parties.2. The minor daughter of the petitioner - Rini Abraham is studying in Kendriya Vidyalaya, INS, Chilka. She has been denied promotion from Class-VIII to Class-IX on the ground that she has secured only 6.8 out of 40 marks in Mathematics paper in the Annual Examination. The petitioner has filed this writ petition under Article 226 of the Constitution for directing the opp.parties to declare the petitioner's minor daughter to have passed in the Annual Examination of the year 2001-2002 and to declare her as promoted from Class-VIII to Class-IX.3. A copy of the mark-sheet issued by the principal, Kendriya Vidyalaya. INS. Chilka to the daughter of the petitioner for Class- VIII has been annexed as Annexure-1 to the writ petition. The marks that the petitioner's daughter has been given for practical and project, assignment, unit tests, cumulative examination (mid session...
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR361
..... a plot of land was reserved under the. development plan for bombay and the verified andheri town planning scheme, for a bus depot of the bombay electricity supply and transport undertaking (best). best proposed to build two buildings which would include the bus depot. the issue had arisen regarding certain tenders submitted ..... ltd. v. airport authority of india (2006) 10 scc 5, and reliance energy ltd. and anr. v. maharashtra state road development corporation ltd. and ors. : (2007)8scc1 ).49. thus, the law on the issue can be summarised that state/ public owned property be transferred by inviting tenders or by auction for receiving the highest consideration ..... certain orders in the writ petition and disposed of the same. subsequently, another writ petition was filed giving reference to certain provisions of the forest (conservation) act, 1980, which had not been referred to in the earlier case. the court rejected the contention of applicability of principle of res judicata observing as under .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR51; [2009]91SCL119(NULL)
..... view of the judgment of the hon'ble supreme court in ici india limited and anr. v. state of orissa and ors. : (2007)8scc629 the mischief of fifth proviso to section 5(1) of the ost act is attracted. the matter pertains to tax concession. when the claim of tax concession is taken into consideration these provisions are to be construed ..... the goods as being intended for use by him in the manufacture or processing or packing of goods for sale or in mining or in the generation or distribution of electricity or any other form or power subject to the production of true declaration by the purchasing registered dealer or his authorized agent in form iv.form iv, which is ..... by me/us in cash memo/bill no....dated the.... from...shall be used in the manufacture/processing or packing of goods for sale/in mining/generation or distribution of electricity or any other form of power.dealer/authorized agent.6. m/s. orissa cement ltd. [supra), this court has interpreted the fifth proviso to section 5(1) of .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT219
..... impose penalty for non-completion of work.2. the petitioner, a private limited company registered under the provisions of the companies act, 1956 which is engaged in construction business entered into a contract with opposite party no. 1 on 14.6.2007 for execution of the execute the work 'modification to existing ppt road from gate no. 4 to sandhakud basti at ..... work for 1.85 kms. & considering the delay in starting the work, extended the time up to 15.12.2008 for a road length of 1.8 kms. & shifted the electrical cables, telephone lines by the time the petitioner started the work & in spite of enough opportunity, the petitioner miserably failed to achieve the target within the allotted time. the cost .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR331
..... the documentary evidence exhibited by the department. it is worth-while to mention here that the enquiry officer called one p.c. mohapatra, junior engineer (electrical) for his oral evidence, but he was not examined. no reason is assigned by the enquiry officer for his non-examination. we also find from ..... tampering of government records. the petitioner submitted his explanation denying the charges levelled against him and stated that he joined as assistant engineer, balimela electrical division in july. 1986 and the indents for supplying of materials were merely placed before him for post-facto approval.an enquiry officer was appointed to enquire ..... against the order of his reversion.2. the case of the petitioner, in brief is that, while he was working as assistant engineer in-charge of balimela electrical division, a departmental proceeding was initiated against him. the following charges were framed against him :(a) misconduct; (b) misappropriation of government materials. (c) .....
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori3
..... supply & drainage board employees' association : air 2006 sc 3106; and raj kumar soni v. state of u.p. and ors. : (2007) 10 scc 635 : 2007 air scw 2376.10. in tamil nadu electricity board and anr. v. n. raju reddiar and anr. : air 1997 sc 1005 the supreme court held that filing successive misconceived and frivolous applications ..... allowed and petitioner was asked to file a consolidated petition. he has introduced the prayer which has never been sought and allowed in the application for amendment. the conduct of the petitioner, playing such fraud with the court, disentitle him for any relief. there is no prohibition in law to settle ..... to pay the entire dues of the corporation within the stipulated period, the petitioner did not pay the same within the time stipulated. therefore, proceedings under the act were initiated by the corporation and physical possession of the mortgaged hypothecated assets was taken. as the petitioner adopted an indifferent attitude altogether, sale notice (annex-8) .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR138
..... has preferred the present writ application.3. mr. rath, learned counsel for the petitioner, submitted that the petitioner being a government servant was sent on deputation to the orissa state electricity board. therefore, the provisions of rule 19 of the orissa civil services (classification, control & appeal) rules, 1962 were required to be followed and it was incumbent for the borrowing authority ..... of his dismissal from service passed by opposite party no.1 under annexure-12.2. the case of the petitioner is that he was serving as an assistant engineer (electrical) in the erstwhile electricity board on deputation from the state government. two departmental proceedings were initiated against him numbered as 590 dated 07.06.1993 and 1374 dated 27.10.1993. in .....
Tag this Judgment!