Court : Orissa
Reported in : 2010(I)OLR80
..... the cognizance has already been taken of that offence, learned s.d.j.m. has no jurisdiction to undertake the trial. that being the legal provision in sub-section (4) of section 300, therefore, the aforesaid two decisions do not help the accused in this particular case. under such circumstance, the accused is to be retired for the offence under ..... of the judicial magistrate first class, nabarangpur for disposal according to law and there was interpolation in the second line to add that particulars of the offence committed under section 300(a) of the i.p.c. was read over and explained to the accused and the latter pleaded not guilty and claimed for trial. there again the ..... of the direction of the superior authority. so many factors are there in l.c.r. which do not prompt this court to readily infer about an act of negligence or a mistake act taken due to ignorance. be that as it may, since the high court on administrative side has already taken administrative action, therefore, this court on .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR97
..... as a party to the suit for a substantial justice and effectual adjudication of the suit, and also to avoid multiplicity of litigations. as per the provision of section 52 of the t.p. act, a transferror pendente lite is treated in the eye of law as a representative-in-interest of the transferee, who shall be bound by the decree that ..... petitioner, during the pendency of the civil suit, without obtaining permission of the court, the same is hit by the doctrine of lis pendens as provided in section 52 of the t.p. act and therefore such a lis pendens transferee is neither a necessary party nor a proper party to the civil suit. it is further submitted that as the alleged ..... in the case of dhanalakshmi and ors. v. p mohan and ors. air 2007 sc 1062 : 2007 (ii) olr (sc) 494, where the supreme court, while interpreting section 52 of the t.p. act and order 1 rule 10 cpc, held that a lis pendens purchaser is a necessary and proper party to the suit. 8. learned counsel for the defendant-opposite .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT155
..... i.e. letter dated 10.7.2009 of joint secretary to government, home department to dg & ig of police (admn.), orissa, cuttack under right to information act which was a communication made after crime branch enquired into the appointment of ajay chandra muduli, opposite party no. 5 on the basis of false army discharge certificate which ..... on merits, the said order was not coming within the doctrine of res judicata. during pendency of the writ petition, the petitioner under the right to information act obtained a copy of the letter dated 10.10.2006 from the secretary, rajya sainik board to the principal secretary to government home department alleging fraudulent appointment obtained ..... to get the similar employment in any state including the state of orissa & in such matter there cannot be impediment by any state authority through any provision or act disentitling him from such civilian service & directed that his name needs to be included in the select list & his case is to be considered for the .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT173
..... of steel & mines, vide annexure-3 & direct the state government to consider the application of the petitioner taking into consideration the amended (1994) provision of section 8 (2) of the act within-a period of three months from the date of receipt of a copy of this order.11. the writ petition is accordingly allowed. no costs.i.m ..... did not consider the case of the petitioner who is similarly situated & the petitioner being the lessee is entitled to the benefit of the amended provision of section 8 of the act as it has only stepped into the shoes of the original lessee after the lease being duly transferred.5. the state government filed its counter affidavit taking ..... of mining lease from 10 years to 20 years. the state government recommended its case to the central government in view of the aforesaid amendment to section 8 of the act. the central government vide notification dated 30.1.1997 vested power with the state government for grant of renewal of mining lease reviving the term from .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT163
..... of the opposite parties in dispossessing the petitioner from his land in contravention of the provisions under article 300-a of the constitution & the provisions of sections 12 to 18 of the electricity act, 1910 & the rules framed thereunder cannot be permitted & the writ petition deserves to be allowed.5. mr. p.k. mohanty, learned counsel for ..... 2, another division bench of this court considering drawing of high power electricity line over the homestead property of the petitioner, under a scheme under section 29 of the electricity (supply) act, 1948, held that no justifiable reason is found to interfere in the matter as notice of the scheme was given according to the provisions of ..... case of jyostna rani mallick (supra) is distinguishable from the facts of the present case as in the said case, no scheme was framed under section 29 of the electricity (supply) act. but the question raised was with regard to drawing up of a 440 volt line (h.t. line) over the lands of the petitioner therein .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT213
..... argued that arbitrary conduct of the opposite parties indicate that on the pretext of raising revenue they have flouted the provisions not only of the bihar & orissa excise act, 1985 & the rules framed & the guidelines issued thereunder, but also the directions under article 47 of the constitution of india.11. opposite party no. 5 ..... contention with regard to non-submission of required documents by opposite party no. 5 along with the application may not be unfounded. the bihar & orissa excise act & the rules framed thereunder intend to fulfil objective of the principle contained under article 47 of the constitution of india. article 47 occurring in part-iv of ..... the opposite party no. 5 forwarded by the commissioner of excise, orissa, cuttack to strict scrutiny to ensure compliance of provisions of the bihar & orissa excise act as well as rules framed & guidelines issued thereunder. in considering the recommendation the state government shall take note of the fact that some of the conditions .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT158
..... court observed that an entry of birth made in an official record maintained by an illiterate choukidar, by somebody else at his request does not come within section 35 of the evidence act & with regard to entry of date of birth in the school admission register, the supreme court in the said case observed that in actual life it ..... declaring the petitioner as the duly elected member of the panchayat samiti. the opp. party no. 1 filed election case no. 3 of 2007 under section 44-b of the panchayat samiti act before the learned civil judge (senior division), athagarh challenging the election of the petitioner. the main ground taken in the election petition was that the petitioner ..... supp. 1) olr 746 & ahalya mangaraj v. state of orissa and ors. : 2006 (ii) olr 411 in support of his aforesaid contentions & also on section 15 of the registration of births & deaths act, 1969 & rule 12 of the rules framed thereunder.6. it is a well settled proposition of law that it is for the person, who has come to .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT168
..... scooter was a comprehensive policy. liability arising out of comprehensive policy is wider than liability arising out of act policy issued in terms of section 95 of the 1939 act, corresponding to section 147 of the 1988 act. comprehensive policy covers liability of pillion passengers in motor-cycles. in this connection, reliance has rightly been placed ..... that the appellant is not entitled to assail the award in absence of permission to contest under section 110-c (2a) of the 1939 act, corresponding to section 170 of the motor vehicles act, 1988 (for short 'the 1988 act'). it was further contended that in view of categorical finding recorded by the learned tribunal that scooter ..... . 2,400 per month which he contributed for the maintenance of the claimants. on such averments, claimants filed application under section 110-a of the motor vehicles act, 1939 (for short, '1939 act') for award of compensation of rs. 1,70,000. it was pleaded that insurance policies in respect of offending scooter was .....
Tag this Judgment!Court : Orissa
Reported in : AIR2010Ori37
..... present case, only a challenge the election of a 'councillor' to municipal body, is permissible by way of filing of an election petition under section 18 read with section 21 of the act before the election tribunal. but, if a person is aggrieved by any other election, such as an election by the councillors for a 'chairperson' ..... the election of a chairperson, is permissible before the competent civil court, even though such civil court shall be bound by the statutory bar under section 57 of the act and may not grant any temporary injunction or any interim order restraining the elected person from exercising his powers or performing the functioning of the duties ..... of the council, the same though not permissible before the election tribunal, yet, in terms of the section 57 of the act, there appears to be no bar to the civil court from entertaining such challenge. in other words, sri. mohanty, the learned advocate general submitted that, .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT177
..... a copy of the plaint as annexure-1 to this revision application. since the plaintiffs are women, they were exempted from paying the court fees as per section 35 of the courts fees act. notice was issued to the defendants. they appeared & filed their written statement as well as an application on 13.9.2004 under order 7 rule ..... 11(a)(c) of the civil procedure code read with section 7(i) of the orissa court fees act before the trial court. the plaintiffs filed their objection to the said application. thereafter, the matter was transferred to the court of learned addl. district ..... no. 3/198 of 2005/2004 rejecting the application filed by the defendants under order 7 rule 11 (a) & (c) of the civil procedure code read with section 7(i) of the orissa court fees act for rejection of the plaint.2. the facts, as narrated in the application, are as follows: the present opposite parties as plaintiffs filed c.s. no .....
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