Court : Orissa
Reported in : 109(2010)CLT247
..... the aforesaid judgment of this court that the observations made & directions given were in relation to forest land. the term of 'forest land' occurring in section 2 of the conservation act will not only include 'forest' as understood in the dictionary sense but also includes any land recorded as forest in the government record irrespective of the ..... he is found entitled to.10. before parting, we would like to make it clear that the ban or restriction on felling trees contemplated in section 2 of the forest conservation act, 1980 shall not apply to any private plantation/orchard/bagan comprising of trees planted in any area which is not a forest. the ban shall ..... reclamation of the land, the petitioner planted 3000 teak stumps in the said plot in the year 1971. in may, 1976, by a notification under section 18 of the wild life (protection) act, 1972, the state govt. declared the area to be a sanctuary to be known as 'satakosia gorge sanctuary'. the petitioner made an application for removal .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR301
..... exercise any jurisdiction, powers or authority in relating to such recruitment or matter concerning such recruitment or such service matters.6. apart from section 28 of the act, section 29 of the act provides transfer of pending cases inasmuch as every suit or other proceeding pending before any court or other authority immediately before the date of ..... the tribunal inasmuch as the civil court is required to transfer the suit to the tribunal.7. keeping in view the provisions contained in sections 28 & 29 of the act, 1985, i am of the considered opinion that the suit filed by the plaintiffs is not maintainable and accordingly, the impugned order under annexure ..... of the matters which are conferred on the tribunal by virtue of enactment of the act, 1985. section 28 of the act provides exclusion of jurisdiction of courts except that of the supreme court concerning the service matters. section 28 of the act is quoted hereunder:28. exclusion of jurisdiction of courts except the supreme court under .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT252
..... compensation. being dissatisfied with the amount of compensation, the respondents filed a petition & the matter was referred to the court of civil judge (sr. division), khurda under section 18 of the land acquisition act. the learned civil judge (sr. division), khurda vide order dated 04.12.1982 valued the land at rs. 50,000 per acre with 15% as additional compensation & held ..... . case no. 72 of 1981.2. the facts of the case, as borne out from the records, are that the government of orissa vide notification published under section 4(1) of the land acquisition act, 1894 on 02.06.1980 acquired the land measuring ac. 0.850 decimals out of plot no. 21 measuring ac. 1.240 decimals under khata no. 26 .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR248
..... that on scrutiny of the materials placed before the court by police on a conclusion of the investigation, he found prima faciecase under sections 498-a/323/307/506/34 i.p.c. read with section 4 of d.p. act against the petitioners.11. therefore, i am of the considered view that the judgment of the hon'ble supreme court in the ..... .7.2008 passed by the learned j.m.f.c., jajpur road in g.r. case no. 257 of 2008 for offences under sections 498-a/323/307/506/34 i.p.c. read with section 4 of d.p. act against the accused persons, namely, nandakishore mallick @ dillip @ pagala and mohan charan mallick, simultaneously also directed issue of n.b.ws. against ..... accused. the magistrate is not bound in such a situation to follow the procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(a) though it is open to him to act under section 200 or section 202 also. the high court was, therefore, wrong in taking the view that the second additional chief .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR163
..... number of votes was declared elected on 10.3.2007. on 24.3.2007 opp. party no. 1 filed election misc. case no. 25 of 2007 under section 31 of the gram panchayat act before learned civil judge (jr. division) dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected ..... writing oriya and as such she was not qualified for becoming a member of gram panchayat as provided under clause (ii) sub-clause b of section 11 of the gram panchayat act (hereinafter referred to as 'g.p. act'.) the present petitioner filed show cause denying the allegations made by opp. party no. 1 in her election petition. she specifically stated that ..... that it is found from the judgment passed by the election tribunal that the petitioner could read and write oriya, albeit with much difficulty. as per section 11(c)(ii) of the g.p. act no member of a gram sashan would be eligible to stand for election if he is unable to read and write oriya. in the present case, .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR325
..... fly ash generated by the captive thermal power units of the rsp is highly polluting and environmentally unfriendly industrial waste product and the information procured under the right to information act revealed that a huge quantity of fly ash generated by the two thermal power units of the rsp is disposed of to the ash ponds through wet-disposal method and ..... ., rsp.2. shortly stated, the case of the petitioner in this writ petition is that the petitioner-rourkela shramik sangha union is a trade union registered under the trade unions act and its members numbering over 20,000 are working in the establishment of rsp, which is engaged in manufacture of steel and steel products and is owned by the sail .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT253
..... well was filled up. respite strong protest made by the grand father of the respondent, janak bihari sahoo, the construction was made. the respondent through his advocate issued notice under section 80 c.p.c. which was received by the appellant. thereafter, the respondent filed a suit for declaration of right & title over the suit land & recovery of possession after demolishing .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR243
..... within whose jurisdiction the judgment-debtor is residing.7. for better appreciation, section 635 of the companies act is quoted hereunder.section 635. enforcement of orders of one court by other courts.- (1) where any order made by one court is required to be enforced by ..... case, was staying at berhampur. so, the learned subordinate judge, berhampur had the jurisdiction to execute the decree. in view of the provisions contained in section 635 of the companies act, it is not necessary to transfer the decree passed by the court to another court for its execution as the decree can be filed before the court ..... no. 61 of 1988.2. the facts as narrated in the civil revision are as follows:the petitioner-decree holder filed application no. 101/1982 under section 446(2)(b) of the companies act, 1956 in company petition no. 27 of 1977 before the high court of karnatak at bangalore. on 2.6.1982, the hon'ble company judge .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR245
..... station. on receipt of such information, a case was registered, investigation commenced and after its closure charge-sheet was filed against the appellants and one birendra konhar under section 302/34, ipc.3. the accused persons denied the charge and pleaded that the case was falsely foisted against them.4. in order to prove its case, the ..... 6. mr. pani, learned counsel appearing for the appellants assails the impugned judgment on the following grounds:(i) the object of examination of the accused persons under section 313 cr.p.c. has been defeated in the instant case because the questions put to the appellants do not cover all the circumstances appearing against them and ..... by he trial court cannot be sustained. it is a fit case for remand to the trial court, which should record the statement of the accused persons under section 313 cr.p.c. by putting separate question for each material substance and thereafter dispose of the matter afresh in accordance with law. needless to mention that .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT256
..... was fit for homestead & importance of the locality had been increased. the land acquisition collector received the objection & referred it to the subordinate judge, balasore under section 18 of the act for adjudication which was registered as l.a. misc. case no. 242 of 1988. the respondent examined one witness on his behalf & proved the sale deed ..... the respondent was acquired for establishment of interim test range vide notification published in the orissa gazette on 24.10.1983 under section 4(1) of the land acquisition act (hereinafter referred to as 'the act'). the land acquisition collector taking into consideration the sale statistics determined the market value of the land at the rate of rs ..... appellant submits that there is no evidence on record to show that the market value of the lands in the area was higher on 24.10.1983 when section 4 (1) notification was made. there is no finding recorded by the learned subordinate judge to the effect that the land in question is homestead or on .....
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