Court : Orissa
Reported in : AIR2003Ori180; 96(2003)CLT182
..... . the right of residence of the female heirsspecified in class i of the scheduled, in order to bereal and enforceable, presupposes that their entitlementcannot be obstructed by any act of the male heirs orrendered illusory such as in creating third party righttherein in favour of others or in tenanting it, creatingstatutory rights against dispossession or eviction. whatis meant ..... from their mother. therefore, they have stepped into the shoes of their mother. under the circumstances the petition filed by the defendant under section 4 of the partition act was not maintainable and was liable to be dismissed as premature. at the same time keeping in view the object and purpose of preserving unity of the family dwelling ..... b. panigrahi, j.1. defendant nos. 1, 3, 4 and 5 in the court of the subordinate judge, baripada in title suit no. 3 of 1978-i against the judgment and decree passed in a suit for partition have filed this appeal.2. essential factual matrix leading to this appeal is as follows : .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori301; [1999]96CompCas49(Orissa)
..... for execution laid down in the code of civil procedure, 1908. the object and purpose of the provisions contained in the group of sections comprising of chapter vi of the act would be frustrated if the court becomes functus officio and loses all powers merely by passing orders and thereby disposing of the proceedings before it. oppression and ..... the act appears to constitute a code by itself for granting relief to oppressed minority share-holders and for granting appropriate relief, ..... in such a case an affected party even after the amendment brought in by companies (amendment) act, 1988 (in short, the 'amendment act') can seek enforcement of his reliefs before the high court. in cosmostees private ltd. v. jairam das gupta, air 1978 sc 375, it was observed by apex court that scheme of sections 397 and 406 of .....
Tag this Judgment!Court : Orissa
Reported in : 1996(87)ELT349(Ori)
..... is on the importer (hindustan lever ltd.). the petitioner purchased the licence from nalco and transferred to m/s. indocon finance, new delhi on 30-5-1994 by receiving full and final consideration and in turn this licence was transferred to m/ ..... , that if the words 'any of the inputs used in manufacture of export product' in para 67 of exim policy (chapter vii-duty exemption scheme) is construed as 'any of the inputs used in manufacture of export product specified in the licence ..... making authority has in mind but by the words which it has employed to effectuate the legislative intent. reference is made to 1978 (2) e.l.t. 350 (sc) (hemraj goverdhandas v. asstt. collector).28. the entire spirit of mr. ..... licensing authority' means an authority competent to grant a licence under imports (control) order, 1955 made under the imports and exports (control) act, 1947 (18 of 1947);(iii) 'materials' means -(a) raw materials, components, intermediates, consumables, computer software and parts required for .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori221; 54(1982)CLT265
..... maintainable as laid 2. is the petition barred by limitation? 3. does the application comply with the provisions of sections 81, 82, 100 and 117 of the act and rule 4 (iii) of chapter viii of the rules framed by the hon'ble high court 4. did respondent no. 3 satisfy the requirements as laid down under article 173(b) of the ..... as mentioned in ext. 2 is none else but respondent no. 3 who has been released under s. 3 of the probation of offenders act as he was below twenty-one years of age on 30-3-1978. but this submission has no force. apart from the fact that the person released was sarat ch. rout and not sarat rout or sarat ..... educative and reformative treatment to them by the government. as respondent no. 3 was released under the provisions of this act, he must be below twenty-one years in the year 1978. these decisions do not say that the probation of offenders act only applies to persons below twenty-one years of age. p. w. 1 has no personal knowledge about the age .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori199; 61(1986)CLT270; 1986(I)OLR305
..... official record relating to the affairs of the state, the disclosure of which will lead to public injury.2. the petitioner as plaintiff filed o. s. no. 61 of 1978 in the court of the subordinate judge, bhubaneswar for a decree against defendant no. 1 and/or defendant no. 2 jointly and/or severally for rs. 8,21,215. ..... .6. before entering into the merits of the contentions of the respective parties, it is profitable to appreciate the scope and principle of sections 123 of the indian evidence act which is quoted below for ready reference :'section 123. evidence as to affairs of state. --no one shall be permitted to give any evidence derived from unpublished official ..... concerned, who shall give or withhold such permission as he thinks fit.'in this connection reference is also necessary to be made to sections 162 of the indian evidence act under which a person summoned to produce a document is bound to bring it to court notwithstanding any objection which there may be to its production or to its .....
Tag this Judgment!Court : Orissa
Reported in : 2000(I)OLR529
..... himself and make a memorandum to the effect that the confession is voluntary, it is necessary that sufficient time should be given to the accused.rule 49 under chapter viii of the general rules and circular orders (criminal-vol. i) of the high court of judicature, orissa provides the procedure for recording confessions of accused. ..... judicial confession is legally justified. in support of his contention the learned additional government advocate placed reliance on the decision re : dhaniram v. state of madras : air 1978 sc 1574 in which it has been held as follows :'to say that the accused was 'in a position' or mood to give a voluntary statement, falls far ..... and if the confession appears to the court to have been caused by any inducement, threat or promise, such as mentioned in section 24 of the evidence act, it must be excluded and rejected.'9. the learned additional government advocate supported the impugned judgment contending that the conviction of the appellant solely basing on his .....
Tag this Judgment!Court : Orissa
Reported in : 2003(163)ELT154(Ori)
..... collector, central excise and customs, sambalpur by his order dated 19-6-1991 held that the graphite flakes and powders produced by the petitioners are excisable goods and classifiable under chapter heading 2505 and are eligible for the exemption under notification no. 23/55-c.e., dated 29-4-1955, and further they are exempted from licensing control under notification no ..... . 111/78-c.e., dated 9-5-1978 as amended by notification no. 11/88-c.e., dated 15-4-1988. with these conclusions the asst. collector did not impose penalty under rules 173q and 210 of the .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT545
..... vis exclusion of the period of employment, this court finds that in the absence of any plea or evidence it may not be proper for this court to renew that chapter at this stage, that is to say after lapse of two decades. if the state government in its wisdom as the model employer would have verified from its record ..... relating to the manner of appointment and retirement of the plaintiff. however, it contested to the claim of the plaintiff on the ground that the relevant circulars of the finance department have no applicability to entertain the claim of the plaintiff. the defendant also contended that plaintiff is not entitled to the pendente lite interest, that the court at ..... memo no. 43126(32)-f. pen.38/78, dated 20.9.1972 was quoted. ext. b is the resolution from the finance department bearing no. pen/10/78/48048/f, dated 1.9.1978.6. on consideration of the claim of the plaintiff, the plea of the defendant and the evidence on record, learned sub-ordinate judge recorded the finding that .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori181; 98(2004)CLT445
..... notice under order 21, rule 22, cpc and filed the application under section 4 of the partition act. on 26.4.1978 objection to the maintainability of the said petition was rejected but that application under section 4 of the partition act was. kept pending for consideration on merit. because of grant of stay order by this court in ..... of such application in course of the execution proceeding. on 26.4.1978 the executing court held such application under section 4 of the partition act to be maintainable. petitioner assailed that order in misc. appeal no. 102 of 1978 and civil revision no. 297 of 1978. a learned single judge of this court heard the said appeal and ..... misc. appeal preferred against the order dated 26.4.1978 the execution proceeding was adjourned from date to date awaiting further intimation. on 9. .....
Tag this Judgment!Court : Orissa
Reported in : (1993)ILLJ20Ori
..... reliance has been placed on ilr (1975) cut 357 (rabindranath mohanty v. govt. of orissa) dealing with the all india services (discipline & appeal) rules, 1969 and (1978 lab ic 1530) (nilamadhab sahu v. registrar of co-operative societies) as well as (1979) lab ic noc 24) (jagannath mohapatra v. utkal university) interpreting the provisions ..... was not willing to participate. under such circumstances, there was no way of developing a reasonable apprehension of bias in the inquiring authority since he never acted contrary to the interest of the petitioner. merely because a few documents regarding which it had been already explained to him by the inquiring authority that those ..... his written statement of defence, the disciplinary authority shall record its findings on such charge after taking such evidence as it may think fit and shall act in the manner laid down in regulation 11.'since it is said that the disciplinary authority may either inquire into the charges itself or appoint an inquiring .....
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