Court : Orissa
Reported in : (2008)ILLJ361Ori
..... not help the present petitioner in any manner since that writ petition was filed by the petitioner challenging the order passed in a proceeding under section 7-a of the act. preliminary objection was raised with regard to the maintainability of the writ petition, when an alternative remedy of appeal was available to the petitioner. ..... the order passed by the officer rejecting an application for review, is not an appealable order, since the order passed ( in the proceeding under section 7-a of the act remains in full force and effect, which is an appealable one, the petitioner ought to have approached the appellate authority challenging the order passed in ..... dated june 9, 2006 (annexure-6), the assistant provident fund commissioner, orissa, bhubaneswar, passed his final order in a proceeding initiated against the present petitioner under section 7a of the act and directed the petitioner to deposit rs. 40,494/- towards e.p.f. dues and rs. 23,553 towards interest @ 12% per annum, in respective .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori185
..... be tendered similar clause will be included. the learned counsel also submitted that the distinction of minerals and minor minerals as contained in section 3(a) and section 3(e) of the said act is not decisive in this case.18. the learned counsel for the corporation distinguished the judgment in d.k. trivedi's case ( ..... differently from minerals other than minor minerals. the learned judges of the supreme court have pointed out that from the definition given in clause' (e) of section 3 it is clear that minor miner' also are mostly used in local areas and for local purposes while minerals other than minor minerals are those which ..... normally open to judicial scrutiny. the learned counsel also relied on the definition of 'minerals' in section 3(a) of the mines and minerals (development and regulation) act, 1957. under section 3(a) 'minerals' include all minerals except mineral oils and under section 3(e) 'minor minerals' have been defined as follows:(e) 'minor minerals' means building stones .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR608
1. Heard learned Counsel for the petitioner and Mr. S.K. Das, learned Counsel appearing for the Opposite Parties.2. The petitioner in the present writ petition has prayed to quash the order dated 16.1.1996 passed by O.P. No. 2- Inspector General/NS, Central Industrial Security Force, New Delhi (Annexure-14) rejecting the revision filed by the petitioner under Rule 49 of the CISF Rules, 1969 against the order dated 8.6.1988 passed by the Appellate Authority, i.e., O.P. No. 3-Dy. Inspector General of Police CISF Unit, Bhilai Steel Plant, (Annexure-10) affirming the orders dated 16.4.1988 & 18.4.1988 passed by the Disciplinary Authority, i.e., the Commandant of CISF Unit, Bhilai Steel Plant (O.P. No. 4), awarding punishment of removal of the petitioner from service with effect from 16.4.1988 and striking off his name from the strength of the Force with effect from 17.4.1988 (FN), vide Annexures-7 & 8. The petitioner has also prayed for quashing the preliminary report (Annexure-1), the ord...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2752
..... mohanty, learned addl. standing counsel argues that when the single stab blow was sufficient in ordinary course of nature to cause the death, the offence is made under section 302, ipc. he further does not reply to the argument of the appellant that the incident took place due to sudden quarrel between the husband and wife.6. ..... 1 to 4 leaves no room for doubt about complicity of accused in committing the murder of his wife. accordingly he found the accused guilty and convicted him under section 302, ipc.5. after placing the whole fact, the evidence and the findings recorded by the trial court, learned counsel for the appellant finding no discrepancy in ..... 4 argues that the trial court failed to appreciate the prosecution case regarding the quarrel between the accused and the deceased so as to attract the provision of section 304, ipc relating to culpable homicide not amounting to murder. accordingly he argues that under the given fact and evidence, accused may be convicted only for the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori146
..... has been subsequently withdrawn. the present order which has been passed by clb and against that an appeal has been provided before the high court under section 10-f of the act, that is, an appeal from the original order. then in that case no further letters patent appeal shall lie to the division bench of the ..... by amendment by the code of civil procedure (amendment) act, 1976. section 97 of that amending act contained the provisions for repeal and savings. section 97(2)(n) of the amending act which deals with section 100a is in following terms:(n) section 100a, as inserted in the principal act by section 38 of this act, shall not apply to or affect any appeal against ..... read with rule 100 itself would not apply to the respondents and they would be entitled to claim overtime wages under section 59 of that act read with section 70 of the bombay shops and establishments act, 1948.21. in chandavarkar sita ratna rao v. ashalata s. guram reported in : [1986]3scr866 (at paragraph 68, page 134 of .....
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ4096
..... addl. sessions judge straightway assessed evidence of the eye-witnesses and rejected their evidence either on the ground of contradictions or omissions in comparison to the statement under section 161, cr. p.c. or on the ground of improbability. accordingly, learned addl. sessions judge invoked principle of grant of benefit of doubt and extended the ..... , ipc and if the offence is not punishable with death or imprisonment for life and come within the zone of consideration of the probation of offender's act, then the said beneficial provisions be extended in their favour and, in the alternative minimum sentnece provided for the offences be awarded to them. learned standing ..... counsel in reply submits that the provisions of probation of offender's act should not be invoked in the present case even in the case of conviction for any of the offences affecting the human body, inasmuch as, purpose of .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT148; 2007(11)OLR184
..... determine that issue and list of cases in which such succession/substitution was to be considered was also provided. one of such enlisted case was under section 273 of indian succession act, in which mrs. rungta had applied for probate of the will. an objection was taken before the arbitrator and ultimately before the apex court seeking ..... of a will executed by the deceased-plaintiff. that application was rejected by the trial court, but this court held that4. apart from the above fact, section 211 of the act makes a special provision. according to this provision, the executor or administrator, as the case may be, of a deceased person is his legal representative for ..... arbitrator is to wait till a decision is taken in the probate proceeding.11. keeping in view the provision of law under order 22 and section 273 of the indian succession act and also the ratio from the above noted decision, it appears that learned district judge did not properly consider the contention raised by the parties .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR116
..... and accordingly he committed mistake by recording an order of conviction against the accused.the evidence recorded by the trial court is not sufficient to prove the charge under section 302 ipc. it is the settled principle of law that findings in a criminal case is to be based on clear proof of fact, be it by direct ..... that accused produced the severed head and the axe in the police station and that he did not deny to the questions put in course of his examination under section 313 cr.p.c. and that his wearing apparels were stained with human blood of same group as that of the deceased, accused was held guilty and convicted ..... sessions judge, mayurbhanj, baripada delivered the impugned judgment on 25.06.1997 in s.t. case no. 38 of 1995 recording guilt of the accused for the offence under section 302 ipc and sentenced him to life imprisonment (wrongly mentioned as rigorous imprisonment for life).2. while assailing the order of conviction learned counsel for the appellant argues that learned .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori120; 104(2007)CLT310
..... the manner prescribed, recommend to the government for imposition of fine not exceeding ten lakhs on the management of the concerned institution for such contravention. section 6 of the said act provides for the constitution of a committee known as fee structure committee for determination of fee for admission to the private professional educational institutions and sponsored ..... the central government placed reliance is dated 14th september, 2006 issued in exercise of power conferred by sub-section (1) of section 23 read with section 10(b)(g)(i)(k)(p) and (v) of section 10 and section 11 of the aicte act. under regulation 2.5(4) of the said regulation it is provided that no admission authority/body ..... such central law is governing the field.46. in so far as imposition of fee structure is concerned, the same has been dealt with under section 6 of the said act by which fee structure committee has been set up. it is clear from a perusal of the composition of the said committee that same is .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT208; [2007(114)FLR1033]; 2007(II)OLR29
..... steel plant (o.p. no. 2) had sent a requisition to the employment exchange for sponsoring candidates for selection of technical apprentices under the apprentices (amendment) act, 1973 from the candidates holding 'requisite educational standard of having passed diploma (3-4 years) course, in the trades mentioned therein from a duly recognized institution....' ..... by various departments of the government of india including the ministry of human resources development. it is also a fact that the state council for technical education, acting through its vice chairman had written to opposite party no. 3 i.e., senior manager (training) training and development center, rourkela by his letter dated 3 ..... technical education, the same is not acceptable. this stand of the r.s.p. is wholly unlawful, unjust and based upon a clear misinterpretation of the act and rules. the opposite party no. 2 has to read rule 2(2) of the apprenticeship rules, 1992 consistent with the intent behind the conditions of .....
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