Court : Orissa
..... . the petitioner was denied placement in the selection grade before communication of the adverse entries made in the acr for the year 1993. rule 8 of chapter 14 of swamy's manual of disciplinary proceeding for central government servants clearly speaks that adverse remarks should immediately be communicated to the person concerned. a combined ..... reasons so mentioned therein and it cannot be supplemented by fresh reasons. (see mohinder singh gill & anr. vs. the chief election commissioner, new delhi & ors., air 1978 sc 851) therefore, the new reasonings given by sri c.p. gond, deputy manager (general) to justify the adverse remarks made in the year 1993 is not legally ..... government servant against the adverse entries the competent authority is not under any obligation to record reasons. but the competent authority has no licence to act arbitrarily, he must act in a fair and just manner. he is required to consider the questions raised by the government servant and examine the same, in the light .....
Tag this Judgment!Court : Orissa
Reported in : 1990ACJ631; AIR1990Ori74
..... duly taken note of. in considering such aspect, the observations made in the publication of the government of india, ministry of finance (economic division), titled 'economic survey, 1986-87' is worth noticing. it was stated in chapters under the heading 'price behaviour in 1986-87' as follows :'5.11 compared with the preceding year, prices have registered ..... of interests from 1967 to 1974, but however since 23-7-74 there was gradual increase in the rates of interest with decrease in between 1977 to 1978 as also some times in 1986. it would be seen that interest was compounded monthly from 1974 to 23-7-78 and thereafter interest was compounded quarterly ..... in (1979) 47 cut lt 368 (supra) as has beennoted earlier, since (1) the interest rates ofbanks vary, (2) there is no provision in themotor vehicles act to review the compensation once awarded on the variance of the rateof interest, and (3) the persons entitled tocompensation should have control over thecompensation amount as there is no .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR159
p.k. misra, j.1. this writ application is filed challenging the orders passed by the authorities in a ceiling proceeding under chapter- iv of the orissa land reforms act (in short, the 'o.l.r. act').2. one ratnakar nayak, who died in the year 1969 had two wives, his first wife champabati died in 1940 and the second ..... if such deeming provision is taken to its logical end, it must be concluded that a joint family ceases and there is a separation. the principle enunciated in air 1978 sc 1239 (gurupad khandappa magdum v. hirabai khandappa magdum and others) to the effect that such deeming provision may be taken to its logical end, prima facie, supports ..... others), a decision rendered under the maharashtra ceiling laws. in the aforesaid decision it has been held that a notional partition under section 6 of the hindu succession act does not ipso facto result in disruption of the joint family and the deemed partition is only for the purpose of ascertaining the share and the persons still continue .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR295
..... length all its earlier decisions as well as the provisions of the code of criminal procedure, 1973 and held ;'13. the provisions referred to above occurring in chapter xii of the code show that detail and elaborate provisions have been made for securing that an investigation takes place regarding an offence of which information has been ..... . generally, a conspiracy is hatched in secrecy and it may be difficult to adduce direct evidence of the same. the prosecution will often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. the prosecution will also more often rely upon circumstantial evidence. the conspiracy can ..... supreme court in kehar singh and ors. v. state (delhi administration), air 1988 sc 1883, in which the provisions of section 10 of the indian evidence act have been interpreted as well as the ingredients of the offence of criminal conspiracy have been stated and the manner in which an offence of criminal conspiracy is .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori163
..... of the general revenue of the state. in support of this submission the decision in the chief commissioner, delhi v. the delhi cloth and general mills co. limited : [1978]3scr657 is relied on, wherein it is held:a fee in order to be legal fee, must satisfy the following two conditions:(i) there must be an element of ..... rule 48 of the orissa motor vehicles rules.5. as per sub-section (1) of section 96 of the m.v. act, 1988 any state government may make rules for the purpose of carrying into effect the provision of chapter-v, which deals with control of transport vehicles. again, sub-section (2) of the said section reads as follows:without ..... of being heard was afforded to it before the final publication of the impugned notification, whereby there was violation of the principle of natural justice. moreover, the motor vehicles act authorizes the state government only to frame rules relating to the fees to be paid in respect of application for permit, duplicate permit and plates. so, the impugned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori144
..... maintainable in the civil court. their lordships first observed,'the question mainly is one of an interpretation of the sections of the municipal act.' subsequently their lordships observed:'chapter 5, municipalities act, deals with imposition and alteration of taxes. section 128 confers the right of municipal boards to impose taxes including an octroi on goods ..... whether a civil court has pot jurisdiction to order refund of the amount alleged to have been illegallycollected under the central excises and salt act on betelnuts and secondly whether on the facts of ..... case coming under the provisions of central excises and salt act reported in union of india v. vitappa kamath air 1957 mad 110. in the second appeal before their lordships the appellant was the union of india, represented by the secretary, ministry of finance, government of india, and the question that arose was .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR50
..... moved by the collector of the district of the land reforms commissioner in that behalf. even in a case arising under the bengar finance (sales tax) act the supreme court held in air 1976 sc 1115 (s. b .gurubaksh singh v. union of india) to the same effect that the exercise of a suo motu revisional ..... to send intimation to the mutation section for starting a mutation case against the petitioner. a little before expiry of five years from the order passed on 18-1-1978 reference was made by the collector on 10-12-1982 to the revenue divisional commissioner questioning the order passed by the tahasildar. the commissioner after hearing the petitioner passed ..... sub-divisional officer which was allowed on 28-6-1977 remanding the matter to the tahasildar for fresh enquiry and disposal. on remand, the tabasildar held on 18-1-1978 the petitioner to been encroacher since 1945 and as being in continuous possession of the land since thirty years for which he had perfected his title by way of adverse .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT792
..... whether immediately or mediately under raiyat. the rights and liabilities of under-raiyats are enumerated in sections 56 and 57 of the act which constitute the entire chapter viii. statutorily under-raiyati rights are not heritable and transferable and the act does not contain any specific provision conferring such rights as in the case of occupancy raiyats. therefore, even if the argument advanced ..... basic finding of the trial court. thereafter, the parties challenged the said judgment and decree in two separate second appeals i.e., second appeal no. 21 of 1978 and second appeal no. 35 of 1978. both the appeals were heard together and the matter was remanded to the lower appellate court for fresh disposal and a direction was given to the lower .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori1; 53(1982)CLT150
..... of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under chapter ii, may apply to a court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in court.'undoubtedly, differences must exist so ..... it. i may now refer to abench decision of the bombay high courtin the case of lakhani sahakuri shetkikharedi vikri sanstha ltd. at lakhani v.moreshwar bapu, air 1978 bom 273. thefacts of that case were almost similar tothose here. the court was called upon to find out with reference to the agreement whether it created an agency ..... . sanat kumar, air 1965 sc 1839, the learned judges of the bombay high court pointed out (at p. 277 of air 1978 bom) :--'as already observed, the special provision incorporated in section 91 of the act is made by the legislature to shorten litigation, lessening its cost and to provide a summary procedure for the determination of the dispute .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori1; 54(1982)CLT352
..... sri sewaram pansari, ex-chairman, bargarh municipality.sir, i am directed to invite a reference to your letter no. 2702 dated 18-11-1978 on the above subject and to say that the finance department (l. f a.) has suggested that the stand taken by the ex-chairman has to be accepted by the municipal council and compliance ..... the provision speaks of ''arrears of any dues payable to the municipality'. this expresion in our opinion, covers not only arrears which are recoverable under the provisions of the act, but other arrears also. the meaning of the word 'arrears' would ordinarily be what is ascertained due and has remained unpaid. it pre-supposes a time fixed for ..... before the tribunal was whether opp. party no. 1 had incurred the disqualification under section 16 (1) (vi).6. the relevant parts of section 16 of the act read as follows:'16. disqualification of candidates for election:--(1) no person shall be qualified for election as chairman or councillor of a municipal council if such person- x .....
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