Court : Orissa
Decided on : Dec-19-2006
Reported in : 2007(1)OLR184
..... clause (i) thereof from the tenor of amendment introduced, it would be manifestly clear that the bar in granting bail, as provided in section 85-a of the act, is primarily relatabie to the offence specified in section 52-a of the act. section 52-a provides penalty for mixing noxious substance with liquor, which is hazardous to human life. to curb such heinous offences ..... implicated in11(a) c.c. no. 255 of 2006 of the court of s.d.j.m., koraput for the alleged commission of offence under section 47(a) of the bihar & orissa excise act (for short 'the act'). it is alleged that on 09.07.2006 at 6.00 p.m. the s.i. of excise, pottangi along with other staff, while ..... from the petitioner, there is no evidence that the petitioner was selling the same.4. learned addl. standing counsel submits that proviso to section 85-a of the act, which has been inserted by way of amendment vide act 10 of 2006, stands as a bar for release of the petitioner on bail. in support of his contention, he relies on a .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2006
Reported in : II(2007)ACC893; AIR2007Ori85; 103(2007)CLT308
..... is no scope for retrospective enhancement for default in payment of compensation and no express or implied power can be called out from section 110-c of the old act and section 171 of the new act. such a direction in the award for retrospective enhancement of interest for default in payment of the compensation together with interest payable thereon ..... to get the same. therefore, the direction that during her life time the injured cannot withdraw the same from bank is against the spirit of section 168 of the motor vehicles act which provides that the claims tribunal may make an award determining the amount of compensation which appears to it to be just and specifying the person ..... one year to be renewed from time to time till disposal of the lpa.3. the brief facts of the case are that an application under section 166 of the motor vehicle act was filed before the motor accident claims tribunal, cuttack on behalf of injured jotirmayee alias ranu rout (minor), aged about seven years by her parents .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2006
Reported in : 2007(1)OLR293
..... cell, cuttack lodged before the superintendent of police (vigilance), central division, cuttack on 5.5.1988, a formal f.i.r. was registered under section 7/9 of the essential commodities act, 1955 (for short, 'the act'). after investigation, a p.r. was filed. it is the case of the prosecution that the respondent no. 1-accused was a dealer of ..... prove mens rea or the guilty intention on the part of the accused persons are contrary to the provisions of section 10-c of the act.6. section 10-c of the act provides that in any prosecution for the offence under the act which requires a culpable mental state on the part of the accused, the court shall presume the existence of ..... committed by the accused and/or the prosecution has failed to prove that the accused persons have committed an offence under the act. in this view of the matter, the question of applicability of section 10-c of the act to the facts of the present case does not arise. i also do not find any perversity or illegality in the .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 103(2007)CLT681; [2007(114)FLR382]
..... to adjudicate the dispute on a reference under section 10(1) of the industrial disputes act and the proper remedy for the petitioners would be to approach the constitutional court under articles 226 of the constitution or the ..... appropriate administrative tribunal under section 19 of the administrative tribunals act. admittedly, the present petitioners are holding civil posts and their matter is pending before the orissa administrative tribunal and the tribunal is ..... not been considered in the judgment under review. perusal of the said decision shows that it arose out of a case under the industrial disputes act wherein the apex court held that if the petitioners were holding civil posts, the necessary conclusion would be that the industrial tribunal has no jurisdiction .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 103(2007)CLT281
..... with the union but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 & 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government.the aforesaid ..... curricular activities to the students as well as teachers of the schools. according to s.v.s., its main objective was to act as educational agency to spread education within weaker sections of the society and it has been carrying on the activities as affiliated body relating to some other schools in the state, but ..... as delineated in the writ petitions, tend to reveal that the national aluminium company ltd. (nalco), which is a company incorporated and registered under the companies act, 1956 and is a government of india enterprise having its registered office at bhubaneswar, is engaged in manufacture and production of alumina and aluminium in its manufacturing .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : AIR2007Ori58; 103(2007)CLT445; 2007(I)OLR157
..... not require any strong argument to justify the conclusion that the office of a lawyer or a firm of lawyers is not a 'shop' within the meaning of section 2(15). whatever may be the popular conception or misconception regarding the role of today's lawyers and the alleged narrowing of the gap between a profession on ..... traditionally lawyers do not carry on a trade or business nor do they render services to 'customers'. the context as well as the phraseology of the definition in section 2(15) is inapposite in the case of a lawyers office or the office of a firm of lawyers. the analogy given in the counter affidavit on ..... of science and learning are extended to other departments of affairs, other vocations also receive the name, which implies professed attainments in special knowledge as distinguished from mere skill.act of professing; a public declaration respecting something. profession of faith in a religion.the apex court in management of safdarjung hospital, new delhi v. kuldip singh sethi : .....
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2006
Reported in : 104(2007)CLT51
..... ) committed the breach of the rules of natural justice, (4) reached a decision which no reasonable tribunal would have reached or (5) abused its power. the extent of duty to act fairly will vary from case to case. shortly put, the grounds upon which an administrative action is subject to control by judicial review can be classified as illegality, irrationality and .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori
..... the country. the report was submitted before the cacls and keeping in view the guidelines laid down in clauses (a) to (d) of sub-section (2) of section 10 of clra act, the central government has issued the notification dated 17.3.1993. reference has been made to certain decisions of the apex court which would be dealt ..... the petitioner that the central government having not consulted the central advisory contract labour board as contained in clauses (b), (c) and (d) of section 10 of the clra act, the impugned notification is vitiated and liable to be quashed has to be rejected. central government has taken the specific stand that before issuing notification dated ..... work in any establishment would be abolished or not is a matter for the decision of the appropriate government after considering the matters required to be considered under section 10 of the act. the decision in bhel workers association v. union of india and ors. : (1985)illj428sc and the workman of fci v. fci : (1985)iillj4sc .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR161
P.K. Mohanty, J.1. The petitioners who had appeared at the Annual Higher Secondary Examination, 2001 call in question the decision of the opposite party No. 1, Council of Higher Secondary Education, Orissa cancelling the examination in English Paper-II and awarding '00' marks in the said paper.2. The petitioners' case in brief is that having passed the High School Certificate Examination conducted by the Board of Secondary Education, Orissa and securing good percentage of marks, they had been admitted into Jagannath Mahavidyalaya, Ashok Nagar, Batto in the district of Keonjhar. They appeared at the Annual Higher Secondary Examination, 2001 duly permitted by the Council. The examination centre was earlier scratched and as such the College authority decided not to conduct the examination taking the Principal of the College as the Centre Superintendent. The Sub-Collector, Anandapur was requested by the opposite party Nos. 1 and 2 to conduct the examination through their administrative sta...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR172
..... 60 days from the date of the order appealed against in view of the specific provision contained in section 19 of the contempt of court act. 1971 read with section 17 of the administrative tribunals act. 1985. section 17 of the administrative tribunals act is a piece of legislation by reference. xx xx xx. any order or decision of the tribunaj ..... failed to appreciate and lay emphasis on the expression in the judgment of the hon'ble apex court to the following effect:while holding the proceedings under section 17 of the act, the tribunal remains a tribunal and so would be amenable to the jurisdiction of the high court under articles 226 and 227 of the constitution subject ..... the same is inoperative xx xx xx in view of confinement of the powers of the high court in so far as proceedings before the tribunal under section 17 of the a.t. act. 1985 is concerned-application of article 227 of the constitution is not attracted and therefore, the further proceeding in this c.p. will continue. .....
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