Court : Orissa
..... 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 ..... 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 ..... in the submission of the cbi that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under section 438 of the code. in a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also .....
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 ( ..... tax-opposite party no.3 being the purported author of the audit visit report could no.have utilized the said report to assess the petitioner-company under section 42 of the ovat act. mr. mohanty further submitted that a person canno.be a judge of his own cause. hence, the impugned order of assessment dated 01.08.2014 ..... 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 such .....
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
..... 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 ..... /revise the energy bills. it appears that during the pendency of 3 the complaint before the grf, petitioner revised the energy bills for the months of march,2007 and april,2007 earlier prepared on the basis of main meter readings and recast on the basis of consumption in the check meter readings. it also appears that main meter became ..... 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 was in working order be revised and recast on the basis of consumption recorded in .....
Tag this Judgment!Court : Orissa
..... 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 ..... 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 ..... more meritorious students may be deprived of getting admission in technical courses in a better college.23. further, it may be noted here that under section 3 of the act, 2007 power is vested in the state government to approve or disapprove any recommendation made by the ppb. moreover, the state government had adhered to the .....
Tag this Judgment!Court : Orissa
..... 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 ..... 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 ..... more meritorious students may be deprived of getting admission in technical courses in a better college.23. further, it may be noted here that under section 3 of the act, 2007 power is vested in the state government to approve or disapprove any recommendation made by the ppb. moreover, the state government had adhered to the .....
Tag this Judgment!Court : Orissa
..... .s.k.padhi, learned senior advocate for respondent no.4. 4 6. placing reliance on section 9(5) of the orissa professional educational institutions (regulation of admission and fixation of fee) act, 2007 (hereinafter referred to as the 2007 act .), mr.routray argued with vehemence that where the seats remain unfulfilled due to non-availability of ..... candidates in the list specified in sub-sections (3) and (4) of section 9, the same shall be filled up by the candidates ..... 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 .....
Tag this Judgment!Court : Orissa
..... 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 ..... 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 ..... was no.mentioned in the said letter. while the matter stood thus, iit, roorkee submitted a detailed project report and accorded approval to the project on 23.2.2007. further case of the petitioner is that the lands of some influential persons have been excluded from the purview of acquisition. after the government of india approved the detailed .....
Tag this Judgment!Court : Orissa
..... arbitrariness or 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 is always ..... requires interference, the court should interfere. .21. in b.s.n. joshi and sons ltd. v. nair coal services ltd. (2006) 11 scc 548 : air 2007 sc 437, while summarising the scope of judicial review and the interference of superior courts in the award of contracts, it was observed as under: 65. we are no. ..... no.sit 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. it .....
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