Court : Orissa
..... that carrying out of inferior work and thereby causing loss to public exchequer cannot come under the definition of official duty of such public servant. therefore, sanction under section 197 is not required. he further submitted that the petitioner was a beneficiary of the public work which was carried out by the junior engineer and the complainant being ..... the scope of its being official should be construed so as to advance the objective of the section in favour of the public servant. it is further noted in the said judgment that if it is prima facie, found that the act or omission for which the accused was charged which has a reasonable connection with the discharge of ..... his duty then it must be held to be official, to which applicability of section 197, cr.p.c cannot be disputed.5. the aforesaid principle laid down .....
Tag this Judgment!Court : Orissa
..... action at their end. 5. being aggrieved by the above order/judgment, one of the opposite parties in the proceeding under section 41 of the act, preferred an appeal under section 44 of the act registered as f.a. no.4 of 2003, which was heard and decided by the deputy commissioner of endowments, orissa, bhubaneswar ..... court finding that the learned lower appellate court has rightly reversed the findings of the learned additional assistant commissioner of endowments in the proceeding under section 41 of the act, confirms the same with the above observation with regard to the hereditary sevayat right of the successors of late ananta mohapatra, who was originally ..... deity with their hereditary right to manage the suit institution. on coming to the above finding, the learned additional assistant commissioner in the said proceeding under section 41 of the act, passed the following orders : the suit institution, i.e., sri sri bireswar mahadev bije jhintipal, p.s. chhendipada, dist. angul is declared .....
Tag this Judgment!Court : Orissa
..... by the additional chief judge, city civil court, secunderabad in o.s. no.11 of 2002 dated 10.11.2003 and also filed another application under section 5 of the limitation act praying for condonation of delay of 1189 days in filing the appeal as against the decree and judgment in the said o.s.10. the andhra pradesh ..... dated 15.11.2007 . in the first page of the memo of appeal as well as in the last page. the petitioner also filed a petition under section 5 of the limitation act explaining the delay in filing the certified copy of the decree. objections were filed to those applications by the opposite party no.1-plaintiff, stating therein that ..... pleader and presented to the court or to such officer as it appoints in this behalf and the memorandum shall be accompanied by a copy of the judgment, nevertheless, section 96 c.p.c., which is the substantive provision in the code for preferring an appeal before the first appellate court, provides: save where otherwise expressly provided in the .....
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..... order of sentence dated 21.12.2001 passed by shri s.k. nayak, learned addl. sessions judge, angul in sessions trial no.111-a of 1997 (64 of 1997), under sections 302/201, i.p.c. ----------------- nada penthoi and five others appellants respondent versus state of orissa for appellants : mr. b.b. routray and mr. subrat kumar mahapatra-1. for respondent ..... and order of sentence dated 21.12.2001 passed by learned addl. sessions judge, angul in sessions trial no.111-a of 1997 / 64 of 1997, convicting the appellants under sections 302/201, i.p.c. and sentencing each of them to suffer imprisonment for life thereunder 2. the occurrence happened on 05.06.1997 on the day of savitri amavasya ..... children had left the place since long. anybody, who is not accustomed to enter inside a well may not agree to enter inside it, even if requested, as such an act may be at his peril. in view of such fact, we do not feel persuaded to accept refusal by the appellants to enter inside the well on request and their .....
Tag this Judgment!Court : Orissa
..... officer or any other person on behalf of the aggrieved person can also present an application to the magistrate seeking one or more reliefs under the act. 12 sub-section (2) of section 12 provides a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a ..... she is deprived of her economic and financial resources to which she is legally entitled to get.24. in view of the definition of domestic violence given in section 3 of the act, 2005 and explanation (iv) explaining the economic abuse, the courts below are fully justified to grant monthly maintenance to the respondent (opposite party herein) till ..... for opposite party.4. in the present case, the following questions fall for consideration by this court: (i) whether the application of opposite party under section 12 of the act, 2005 is maintainable before the s.d.j.m., nayagarh as the allegation against the petitioner and his son was made prior to 26.10.2006 on .....
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..... encryption of the signals or beaming thereof through the satellite might have taken place outside india; .21. the prasar bharati (broadcasting corporation of india) act, 1990. section 2 (c): broadcasting means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by ..... signals direct to subscriber s premises without passing through an intermediary such as cable operator. 23. the orissa entertainment tax act, 2006 as amended by e.t. amendment act, 2010: section 2 (a): admission to an entertainment . includes admission to any place in which the entertainment is held and in case ..... abeyance and filed the present writ petition.9. mr. jagabandhu sahoo, learned counsel appearing for the petitioner submitted that entertainment . in the amended act is defined in section 2(f) to mean exhibition, includes exhibition of news reels, performance, amusement, and entertainment through dth broadcasting service. the proprietor of dth .....
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..... government, i.e., mayor of municipal corporation, chairman of the municipality or nac or sarpanch of the gram panchayat, in which area the school is functioning. the commissioner-cumsecretary may act in person or through his/her nominee not below the rank of deputy secretary and the committee, if required, may cause a spot enquiry of the school and collect materials .....
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..... government, i.e., mayor of municipal corporation, chairman of the municipality or nac or sarpanch of the gram panchayat, in which area the school is functioning. the commissioner-cumsecretary may act in person or through his/her nominee not below the rank of deputy secretary and the committee, if required, may cause a spot enquiry of the school and collect materials .....
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..... v- shobharam, air 196.s.c. 1910 considered the question as to whether an accused has unfettered right to change his counsel. the apex court after considering the provision of section 22 (2) of the constitution of india held that the right of the accused to change an advocate to whom he once engaged in the same case, cannot be whittle ..... that behalf. it is high time for the members of the legal fraternity to join hands and evolve a code for themselves in addition to the mandate of the advocates act and rules made there under so that the common man would repose their 12 confidence in the legal profession as well as in the institution of justice, as creation of .....
Tag this Judgment!Court : Orissa
..... of the case.9. it is the case of smt. manorama panda that ganjam college, ganjam is an aided educational institution within the meaning of section 3(b) of the orissa education act, 1969 (for short the o.e.a. ). the principal-cum-secretary of ganjam college, ganjam had sent requisition to the employment officer, chhatrapur ..... behind the back of the petitioner and without affording opportunity to defend her position, the same is illegal, arbitrary and contrary to the provisions of orissa education act and rules and instructions framed thereunder. it is also the further case of the petitioner that pursuant to annexure-8 she did not receive any consequential letter from ..... the director, higher education namely opposite party no.2 (annexure-7) have not been challenged by smt. s.sandhyarani. as per the provisions of the orissa education act, when a promotion is given to a post carrying a higher scale of pay or pay available in the college, the prior approval of the government is required. .....
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