Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2003
Reported in : 2004(I)OLR298
..... india, reported in a.i.r. 1982 orissa 18, held that in the circumstances indicated in the judgment and in view of the change brought about in section 29 of the new limitation act, it must follow that a court has jurisdiction to condone the delay in filing an objection beyond 30 days.12. in the present case the civil court ..... for time to file the objection and the civil court allowed time till 7.3.2000 for the said purpose. on 6.3.2000 the objection under sections 30 and 33 of the arbitration act was filed.10. while dealing with the question of limitation, it is profitable to quote the orders passed by the civil court on different dates to ..... has already spent its force. on the other hand, learned counsel for the respondent submitted that this appeal should be dismissed in limine as the objection under sections 30 and 33 of the arbitration act was filed by the appellants much after the expiry of the period of limitation of 30 days and therefore, the objection filed could not be treated to .....
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR442
..... to private persons of different villages. during the year 1977 to 1981 some persons named in the fir claimed title over the land and filed separate petitions under section 30 of the act in order to get compensation. it is alleged that such claims were made on the basis of forged documents produced by the claimants and no objection was raised by ..... petitioner and several others. it is alleged in the fir that on 26.3.1994 ac 405.49 decs of ian j had been acquired under section 4 of the land acquisition act (in short, 'the act') for establishment of aviation research centre at charbatia. out of the aforesaid land ac. 308.86 decs belong to the state government and ac 26.63 .....
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR418
..... officer, it is necessary to refer to the relevant provisions of the land acquisition act. in the present case, a reference has been made under section 30 of the act. the said provision prescribes that when the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any ..... and another). it has been decided in the said case that once dispute arises with regard to apportionment, land acquisition officer is obliged to make a reference under section 30 since he has no jurisdiction to enquire into the title and give a binding decision which only a civil court could do. therefore, the land acquisition officer ..... there was any meeting of mind between the accused persons to commit such offence. the apex court in several decisions has held that to bring home charge under section 120-b of the penal code, there must be a meeting of minds resulting in ultimate decision taken by the conspirators regarding the commission of an offence, in .....
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR439
..... for the parties in details since the law in this regard is more or less settled. whether sanction under section 197 is necessary or not will depend on facts of each case. the court has to see the act alleged and whether such act has any nexus with discharge of official duty or not. in the present case, the opposite party as the ..... the complaint to be not maintainable.4. learned counsel for the petitioner challenged the order on the ground that the act alleged has no nexus with discharge of official duty and therefore the opposite party is not entitled to protection under section 197, crpc. mr. mishra, learned counsel appearing for the opposite party, on the other hand, submitted that the opposite party .....
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2003
Reported in : 2004(I)OLR327
ORDERB.P. Das, J.1. Heard Mr. J. R. Dash, learned counsel for the petitioner and Mr. S. K. Das, learned Addl.Govt. Advocate for the State.2. The case of the petitioner in this writ application is that she was appointed as an Anganwadi worker by virtue of an appointment letter dated 19.4.88 in Karadapala Anganwadi Centre and while continuing as such, and discharging her lawful duty to the satisfaction of the authority, the CD.P.O. i.e. opp.party No.3 by order dated 24.6.98. (Annexure-1) terminated her services. It is alleged that the aforesaid order of termination (Annexure-1) is in violation of the principles of natural justice as no opportunity of hearing was given to the petitioner even though the order of termination was passed on allegation of misappropriation. According to the petitioner, it is the President and Secretary of the Mahila Mandal of the Village, who were involved in misappropriation and mismanagement of different grants made available to the Mahila Mandal and as she h...
Tag this Judgment!Court : Orissa
Decided on : Nov-14-2003
Reported in : 2003(II)OLR652
..... in a.i.i. ms case protective push or prop by way of reservation or classification must withstand the test of article 14 and any over-generous approach to a section of beneficiaries if it has the effect of destroying another's right to education, more so, by pushing a mediocre over a meritorious belies the hope of the constitutional goal .....
Tag this Judgment!Court : Orissa
Decided on : Nov-12-2003
Reported in : [2003]133TAXMAN491(Orissa)
..... the constitution of india. that apart, dr. pal further contends that the ordinance in question was promulgated on 16-10-2003. till today, no notification has been issued under section 3 of the said ordinance establishing the tribunal nor any infrastructure for its benches is available today. he further submits that establishment of several benches as contemplated by the central ..... time. due to non -availability of necessary infrastructure, the proposed tribunals would not be able to commence the normal work. he submits that once a notification is issued under section 3 of the ordinance, all pending appeals and references in the high court will stand transferred to the national tribunal and in that case, various parties in appeals and references ..... is not set up for the benches.7. in view of the aforesaid, we direct the opposite parties not to issue any notification as contemplated by or under section 3 of the said ordinance till the next date.8. list this interim application after two weeks.
Tag this Judgment!Court : Orissa
Decided on : Nov-12-2003
Reported in : I(2005)ACC390; 97(2004)CLT92; 2004(I)OLR61
..... . the compromise petition was made a part of the award. the standard form of compromise contains certain conditions which are as follows :1. disposal of case filed under section 140 of the motor vehicles act, if any.2. confirmation of policy by the insurer within two/three months.3. confirmation of d/l by the insurer within two/three months.4. place .....
Tag this Judgment!Court : Orissa
Decided on : Nov-10-2003
Reported in : 2003(II)OLR671
ORDERB.P. Das, J.1. Heard learned counsel for the petitioner as well as learned Addl. Govt. Advocate for the State.2. The petitioner in this writ petition challenges the action of the opposite parties in cancelling the licence of the petitioner for Sub-wholesalership in Kerosene oil on the ground that before cancelling the licence, no opportunity of hearing was given to the petitioner. It is stated that the petitioner was a licence holder to deal in Kerosene oil as Sub-wholesaler at Ghantapada under Kantamal Block of Boudh district since 15.7.2000 and the said licence was valid till 31.3.2003. On 20.2.2003 O.P. No. 2, i.e., the Collector, Boudh, by his order dated 20.2.2003 (Annexure-2) cancelled the licence for Sub- wholesaler in Kerosene on the ground that he was appointed after 15.2.1999 without the approval of the State Govt.3. O.P. Nos.2 and 3 have filed counter affidavit through the Sub-Collector, Boudh and Civil Supplies Officer-in-charge, Boudh, justifying the action of the opp...
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