Court : Orissa
..... for the petitioner placing reliance in case of jayendra saraswathi swamigal v- state of tamil nadu reported in air 2005 sc 716, submitted that the confession of a co-accused is a very weak type of evidence in view of section 30 of evidence act and it is no.evidence in the ordinary sense of the term as defined in ..... it is taken that there was 27 conversation between the petitioner and the main accused but it was just a request of the petitioner to the main accused to finance some amount for the cultural festival banki mahostov . and it is no.for any personal gain and when no documentary evidence has been found out by the ..... certificate must furnish the particulars of the device involved in the production of that record; (d) the certificate must deal with the applicable conditions mentioned under section 65b (2) of the evidence act; and (e) the certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.15. it .....
Tag this Judgment!Court : Orissa
..... the unmanned level crossing at gate no.220 does no.appear per se to be illegal, arbitrary or illogical and more decisively against public interest. section 18of the railways act, 1989 is extracted hereunder for ready reference:18. fences, gates and bars the central government may, within such time as may be specified by ..... village kashipur on 9.1.2014 was proposed, the same was opposed by the general public for which the same could no.materialize. referring to section 18 of the railways act, 1989, it has been urged that in case railway administration apprehends accidents and untoward incidents for the unregulated use of the unmanned level crossing, ..... unmanned level crossing has the potential of exposing the -6- users to accidents and mishaps, it is its obligation under section18 of the railways act, 1989 (hereinafter called in short act ) to get it manned after erecting necessary fences/gates/ bars.without resorting to such measures, the contemplated steps to close/demolish the unmanned .....
Tag this Judgment!Court : Orissa
..... bhubaneswar having issued letter no.747 dated 21.01.2014 relying upon which the audit visit report was prepared is competent to assess the petitioner-company under section 42 of the ovat act.5. to adjudicate the issue, it is relevant to refer to the audit visit report dated 03.02.2014 (annexure-2) submitted under sub-rule ..... m/s ind barath energy (ltd.) against wb no.bbb-0041163. further, the documents enclosed with the report which potentially carries the statement of the manager, accounts & finance, m/s ind barath energy (utkal) ltd. states that there is no documents mentioning any kind of endorsement anywhere and this is a regular recurring phenomeno.for effecting ..... officer, bhubaneswar-i circle, bhubaneswar who submitted the audit report in form vat-303 under sub-rule (3) of rule 6 45 of the ovat rules, 2005 and the said audit report has been utilized against the petitioner for passing the impugned assessment order. the impugned assessment order further reveals that same has been passed .....
Tag this Judgment!Court : Orissa
..... to pay. interest is mandatory on the short payment, late payment of service tax. besides, no appeal lies against levy of interest. levy of interest is mandatory under section 75 of the finance act and there is no question of 4 limitation for levy of interest as st-3 returns were assessed and the service tax liability has already been met.4. undisputedly .....
Tag this Judgment!Court : Orissa
..... regulation 115 of the 2004 code reads as follows: application of cea regulationsthe provisions of the regulations framed by central electricity authority (cea) under section 55(1), 73(e) and 177(2)(c) of the electricity act, 2003 as amended from time to time, shall be applicable with regard to installation and operation of meters. in case there is any inconsistency ..... ) at annexure-8 was set aside and it was directed, inter alia, that energy bills of the opposite party no.2 for the period of seven months from november,2005 to mays,2006 as well as for the period of four months from march,2007 to june,2007 raised on the basis of check meter readings while the main meter ..... , a check meter was installed by the petitioner at the sub-station end of the power supply. on 14.2.2005 the main meter was found defective for which energy bills were raised from the month of march,2005 onwards on the basis of check meter readings for 15 months till may,2006 although the defective main meter was replaced on .....
Tag this Judgment!Court : Orissa
..... short listing is necessary for giving justice to meritorious students for availing best seat of their choice.7. placing reliance on the provisions of section 2(u)(xii), section 2(z) and section 3 of the act, 2007, learned advocate general submitted that the state government has rightly declared the diploma engineering courses as the educational course for the purpose ..... the legislature.... .18. it may be relevant to refer here the decision of the hon ble supreme court in the case of reserve bank of india vs. peerless general finance and investment co. ltd. (supra), wherein it has been held as under: 33. interpretation must depend on the text and the context. they are the bases of ..... others vs. state of maharashtra and others, air 2005 sc 3226 and islamic academy of education and others vs. state of karnataka and others, air 2003 sc 3724 has clearly held that, to impart technical education, the norms prescribed in the aicte hand book as well as the act should no.be violated. at the same time, .....
Tag this Judgment!Court : Orissa
..... short listing is necessary for giving justice to meritorious students for availing best seat of their choice.7. placing reliance on the provisions of section 2(u)(xii), section 2(z) and section 3 of the act, 2007, learned advocate general submitted that the state government has rightly declared the diploma engineering courses as the educational course for the purpose ..... the legislature.... .18. it may be relevant to refer here the decision of the hon ble supreme court in the case of reserve bank of india vs. peerless general finance and investment co. ltd. (supra), wherein it has been held as under: 33. interpretation must depend on the text and the context. they are the bases of ..... others vs. state of maharashtra and others, air 2005 sc 3226 and islamic academy of education and others vs. state of karnataka and others, air 2003 sc 3724 has clearly held that, to impart technical education, the norms prescribed in the aicte hand book as well as the act should no.be violated. at the same time, .....
Tag this Judgment!Court : Orissa
..... hon ble apex court in the case of p.a. inamdar and others v. state of maharastra, air 2005 sc 3226.9. sections 3, 9 and 11 of the 2007 act read as follows : 3. subjection to the provisions of this act, admission of students in all private professional educational institutions, government institutions and sponsored institutions to all seats including ..... admission of students under section 9 of the act. section 9 of the act canno.be read in isolation. a statute must be read as a whole. no part of the statute can be construed in isolation. the hon ble supreme court in the case of reserve bank of india v. peerless general finance & investment co. ltd., air 1987 sc 1023 ..... in order of merit including the seats remain unfilled due to non-availability of candidates in the list specified in sub-sections (3) and (4) of section 9 of the act. sub-section (5) of section 9 of the act does no.authorize any college to admit students of its own, even if the seats remain unfilled due to non-availability .....
Tag this Judgment!Court : Orissa
..... .8. in the present writ application, prayer has been made to exclude the petitioner s land from the purview of the land acquisition notification issued under sections 4(1) and 6 of the act dated 9.2.2009 and 20.2.2010 respectively, to quash the communication dated 9.11.2012 and 23.2.2013, vide annexure 16 and annexure- ..... parties 3 changed the location of the project thereby giving rise to a fresh cause of action in the writ application. opposite parties issued a notification under section 17(1) of the land acquisition act and acquired another patch of land on 30.1.2012, vide annexure-9. it is further stated that the acquisition of the land is violation of ..... to alter the location of the project and thereby excluded the land of other persons. on 27.2.2009 the state of orissa issued a notification under section 4(1) of the land acquisition act which was published in two local dailies. the petitioner came to kno.about the said notification on 24.10.2009 and sought exclusion of his land .....
Tag this Judgment!Court : Orissa
..... favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial -6- interest of the state. the right to refuse the lowest or any other tender ..... vs. cochin international airport ltd. & ors. (para-7) (vi) (2001) 8 scc 491 ( union of india & ors. vs. dinesh engineering corporation & anr. (para-15) (vii) (2005)1 scc 679 ( association of registration plates vs. union of india & ors.) (para-38) (viii) (2007)8 scc1 (reliance energy ltd. & anr. vs. maharashtra state road development corpn. ..... in appeal over the decision but only reviews the decision making process. free play in joints is necessary in administrative functioning, subject to the decision maker acting honestly and rationally. reasonableness and fairness are essential attributes of -5- exercise of any public power. transparency and level playing field are hallmark of fairness. .....
Tag this Judgment!