Court : Orissa
Reported in : 2010(I)OLR325
..... according to the petitioner, the sail, which is a government of india company, has failed to ensure full utilization of fly ash generated from the power plants in the rsp in terms of the notification dated 14.9.1999 issued by the ministry of environment and forests.on 8.1.2007, sail published the ..... pollution of environment and as the fly ash generated by the captive thermal power units of the rsp is highly polluting and environmentally unfriendly industrial waste product and the information procured under the right to information act revealed that a huge quantity of fly ash generated by the two thermal power units of the rsp is disposed of to the ash ponds through wet-disposal method and only a very small and negligible quantity of such ..... shortly stated, the case of the petitioner in this writ petition is that the petitioner-rourkela shramik sangha union is a trade union registered under the trade unions act and its members numbering over 20,000 are working in the establishment of rsp, which is engaged in manufacture of steel and steel products and is owned by the sail, which is a govt. ..... 2-the steel authority of india ltd. ..... of india company. ..... of india regarding management of fly ash vide annexure-1.annexures-3 is the advertisement issued by the sail and published in an english daily on 8.1.2007 inviting expression of interest from interested parties for joint venture participation for setting up of a slag .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori194; 22(1956)CLT375; 1956CriLJ1334
..... section 6, general clauses act, may not be of help tp the state of orissa inasmuch as that is limited to those statutes which are 'repealed' and it may not apply to those temporary statutes which expire by the efflux of time.but the expression 'things done or omitted to be done' is a well-known statutory expression occurring not only in the government of india act 1935 and in the india (central government and legislature) act 1946 -- (section 2(e)) but also in several enactments of the british parliament. ..... , therefore, was that the central order of 1941 was deemed to have been made under the central act of 1946 and was continued in force so long as that act remained in force.the power of the central legislature to pass that act in respect of a matter which was in the provincial list under the provisions of the government of india act, 1935 (see entries 27 and 29 of list ii of that act) was derived from an act of parliament known as the india (central government and legislature) act, 1946. ..... when the defence of india act, 1939 (act 35 of 1939) and the rules made thereunder expired on 30-9-1946, the governor-general promulgated an ordinance known as the essential supplies (temporary powers) -ordinance 1946 (ordinance 18 of 1946), conferring power on the central government to regulate the production, supply and distribution of some essential commodities as specified in the ordinance and for trade and commerce therein, in that ordinance there was an express provision saving all .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... by schedule 7 (l) of that act retrospective effect was given to that amendment in consequence of which all statutes dealing with taxation of motor vehicles that were in force prior to the commencement of the government of india act, 1985, would continue in force after its commencement until repealed or amended by a competent legislature (see schedule 92). ..... ' that is to say only those laws that were made by provincial legislatures constituted under the government of india act, 1935, would come within the definition of 'provincial law. ..... this distinction was prominent in the government of india act, 1935, that governed the legislation of the country till the other day in delimitation of taxing power of the federation, the central government and the provinces. ..... ' the madras act being an act of 1920 passed long before the commencement of the government of india act, 1985, would be an existing 'indian law' and not a provincial law. ..... moreover the subject 'taxes on vehicles suitable for use on roads) whether mechanically propelled or not, including tramcars' was made an exclusively provincial subject by an amendment made to the schedule 7, government of india act, 1935, by parliament in the india and burma, (miscellaneous amendments) act, 1940 (3 & 4) geo. vi oh. ..... das based on section 107(1), government of india act, 1935, seems equally groundless. ..... (3) section 166 of the madras act is, in any case, void under schedule 07 (l), government of india act, 1935.9. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori24; 28(1962)CLT66
..... there can be no doubt that the field covered by the impugned act is covered by central act liii of 1948'.having thus come to the conclusion that the old (central) act and the impugned (state) act covered by the same field, they nevertheless held that the state legislature was competent to pass the impugned act inasmuch as the declaration made by the dominion legislature under entry 36 of list i of the government of india act could not be deemed to be a declaration by 'parliament' under entry ..... residents of the areas including the mine owners, their labourers and other persons residing there, specially when parliament cast this imperative duty on the central government, knowing fully well that the state legislature had already passed a law for the same purpose in 1932.the state law must therefore be held to have been impliedly repealed by the central law (except in respect of past and closed transactions as held by fazl ali j. ..... notwithstanding this difference, article 251 may be taken in aid along with the general principle of 'implied repeal' of an earlier act by a later act dealing with the same subject15. ..... lushington in (1865) 12 lt 316, (the india) :'a prior statute would, i conceive be repealed by implication if its provisions were wholly incompatible with a subsequent one; or if the two statutes together would lead to wholly absurd consequences if the entire subject matter has been so dealt with in the subsequent statute that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori157
..... section 392, government of india act, 1935 reads as follows: 'notwithstanding the repeal by this aot of the government of india aot (that is to say, the government of india act, 1919) but subject to the other provisions of this act, all the law in force in british india, immediately before the commencement of part iii of this aot shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority. ..... to supply grounds for such order to the detenu so as to enable him to make a representation to the authority concerned; the opinionof the advisory council provided for in the said aot is not binding on the concerned authority; the act empowers the state-government to extend the period of detention under circumstances stated therein beyond six mouths, and, lastly, the validity of the detention on account, of vagueness and inadequacy of the grounds supplied is beyond question. ..... secretary to the government of orissa communicating a copy of the telegram received from the ministry of home affairs, government of india to the effect that the order was in fact signed by the president dr. ..... article 372 provides that all the laws in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority, but subject to the other provisions of this constitution. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... words in any indian law in force immediately before the commencement of this order to an authority competent at the date of the passing of that law to exercise any powers or authorities, or discharge any functions, in any part of british india shall, where a corresponding new authority has been constituted by or under any part of the government of india act, 1935, for the time being in force, have effect until duly repealed of amended as if it were a reference to that new authority. ..... section 46 of the government of india act, 1915 (hereinafter to be referred to as the 1915 act), as amended by the government of india act, 1919 (hereinafter to be referred to as the 1919 act), the provinces were governed in relation to the reserved subjects by the governor-in-council and in relation to transferred subjects by the governor acting with ministers appointed on that ..... ' under the 1935 act the power vested in the provincial government and, therefore, reference to 'local government' in the 1930 rules necessarily meant the 'provincial government'.clause-v governed the 1930 rules as those rules come within the definition of 'indian law' as defined in section 293 of the government of india act by virtue of clause 2 of ..... 'under the government of india act, 1935 (hereinafter to be referred to as the 1935 act) the concept of governor-in- ..... this is so in view of the fact that under the government of india (adaptation of indian laws) order, 1937 (hereinafter to be referred to as the order) no change .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori101; 19(1953)CLT491
..... the extra-provincial jurisdiction act, 1947 (act 47 of 1947) was passed by the central legislature empowering the central government to exercise extra-provincial jurisdiction over the state areas which remained outside the jurisdiction of the provinces created by the government of india act, 1935. ..... on 12-1-1949 the constituent assembly of india amended the government of india act, 1935, and inserted two new sections, namely, ..... the agreement thus entered into between the ruler and the government of india must continue to receive effect unless and until it is expressly terminated by the mutual consent of parties, or possibly by an act of state.where a state enactment appears to be in conflict with the agreement, the canon of construction applicable to such legislation is that it must not be deemed to take away or extinguish the existing right of the ruler (the ..... article 4 of the order provides for the continuance of all laws in force in a merged state until repealed, modified or amended, by a competent legislature.article 8 which is important runs thus: 'without prejudice to the special provisions contained in article 7 any contract, made or deemed to be made, before the appointed day by, or on behalf of, the dominion for purposes connected with the governance of a merged state shall, as from that day, have effect as if it has been made by, or on behalf ..... this act extended the operation of several provincial acts to the merged areas and repealed and amended the laws then in force in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori11; 16(1950)CLT80
..... but that act was 'an existing indian law' under the government of india act (see schedule 11 (2) and in respect of) matters included in the provincial legislative list (list ii) the provincial government had lull powers to legislate even though that legislation may have the effect of amending, modifying or repealing any of the provisions of such a law in respect of that subject. ..... the expression 'agricultural land' occurring in item 21, list ii, has not been defined in the government of india act but there are by now several decisions explaining the same. ..... the first point involves an interpretation of the provisions of the government of india act, 1986, under which the orissa legislature passed the orissa tenancy (amendment) act of 1938 (orissa act (vii [8] of 1938), and inserted schedule 1 (1) which runs as follows:'every transfer of an occupancy holding or a portion or share thereof whether by sale, exchange or gift' shall be made by registered instrument except in the case of a sale in execution of a decree or of a certificate signed under the bihar and orissa public demands recovery act, 1914. ..... under the government of india act, 1935, legislation in respect of 'transfer of property other than agricultural land' was dealt with in item 8, concurrent list, and the centre as well as the province had concurrent powers to legislate on the subject. .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT769; 2007(11)OLR1
..... sanction of gia was rejected.the petitioner thereafter made various representations to the authorities concerned high lighting the fact that since the government have already decided to regularize the services of candidates whose appointments were prior to 31.12.1992 by passing validation act, 1998 and since the date of joining has been determined to 8.4.1991, her service ought to be regularized and grant in ..... , the secretary, government of orissa in higher education department and director, higher education filed an counter affidavit in inter alia taking stand after validation act, 1998 came into force with effect from 10.10.1998, that the state government in higher education department have taken decision to consider the case of those lecturers appointed between 1 ..... personal appearance of sri tripathy was dispensed with and the matter was adjourned to 1.2.2007.k) 1.2.2007 -sri ashok kumar tripathy, commissioner-cum-secretary to government, department of higher education who assumed such office on 19.7.2006 has appeared in person and filed an additional affidavit and a direction was passed calling for the file dealing with letter ..... records it would not be appropriate to direct release of grant-in-aid.a) taking into consideration the facts narrated herein above, it is quite clear that the governing body of the institution is bent upon denying the petitioner's dues by fabricating forged documents in favour of onea.k. hota and ultimately the petitioner had to move this court in ojc no .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
..... of the judgment their lordships of the supreme court briefly examined the question as to whether the impugned act would offend section 299 of the government of india act; and while observing that 'it is not clear at all that the impugned act was in conflict with section 299 of the government of india act', they did not fully discuss this question saying that this point was taken at a belated stage. 7 ..... to that extent, i would agree with the observations in, the aforesaid bombay high court's decision to the effect that it was not contemplated either by section 299 of the government of india act or by clause (2) of article 31 of the constitution that the market value on the date on which the title of the owner was extinguished should be taken as a guide in assessing the amount of compensation, and that the legislature ..... opinion, the construction of the expression 'compensation' as given by the supreme court in bela banerjee's case, air 1954 sc 170 must apply while construing the same expression in section 299 of the government of india act, that is to say, a person who is deprived of his property must be given the 'just equivalent' of what he has been deprived of. ..... jamnadas gokuldas, air 1960 bom 35 where a bench of that court while recognising that section 299 of the government of india act requires that the compensation must be real and not illusory and intended reasonably to indemnify the owner for loss of his property, nevertheless held there that there was nothing in that .....
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