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Judgment Search Results Home > Cases Phrase: government savings banks act 1873 Court: orissa Page 9 of about 560 results (0.092 seconds)

Jan 25 1998 (HC)

Priti Ranjan Pradhan and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 87(1999)CLT272; 1999(I)OLR187

..... contrary contained in any other law for the time being in force, no private educational institution which has not been recognised by the state government under this act shall be entitled -(a) to be recognised by the board of secondary education constituted under the orissa secondary education act, 1952 (act 10 of 1953) or the council of higher secondary education act, 1982 (act 19 of 1982) or, as the case may be, to be affiliated to any university established under any law; or'(b) to receive any aid from the state ..... cost' may however be made from the concerned common feeding cadre for a period of one year or till the date of receipt of select list from the selection board, whichever is earlier, with the prior approval of government :provided further that in the absence of common feeding cadres' appointment to the posts of headmasters of aided boys' high schools and headmistresses of aided girls' high schools of the state under the fold of the system of direct ..... ''section 28 - savings - the provisions contained in this act shall be in addition to and not in derogation of the provisions contained in the orissa secondary education act, 1952 (10 of 1953) or in any law regarding university education for the time being in force and in the case of any inconsistency or repugnancy the provisions of this act shall prevail.'10. ..... the word 'control' is synonymous with superintendence, management or authority to direct, restrict or regulate [see sharmrao vithal co-operative bank ltd. v. .....

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May 07 1999 (HC)

Dulal Chandra Barik and anr. Vs. General Manager, Hotel Oberoi

Court : Orissa

Reported in : 88(1999)CLT686; 1999(II)OLR117

..... even applying the principles as laid down in the rajasthan state road transport corporation's case the dispute raised in the suit does not appear to be an industrial dispute within the meaning of section 2(k) of the i.d.act and as such it cannot be said that the suit was not maintainable at the time of institution of the suit or even at the time when the impugned order was passed by the district judge.14. ..... issued under the certified standing orders being an industrial dispute suit filed by the petitioners is not maintainable;(ii) in view of the subsequent order of dismissal and reference of dispute relating to dismissal to the labour court by the state government, the suit has become in fructuous; and(iii) in any event, there is no question of granting any stay order inasmuch as the petitioner no. ..... within 30 days an appeal was filed before the appellate authority in accordance with section 6 of industrial employment (standing orders) act, 1946 (hereinafter referred to as the 'standing orders act')- the petitioners have relied upon section 7 of the standing orders act to claim that the certified standing orders have not come into operation as an appeal preferred within 30 days is pending.4. ..... 1 an industrial dispute was raised and the state government by order dated february 10, 1998 had already referred the dispute to the labour court, bhubaneswar.7. .....

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Mar 12 1985 (HC)

Managing Committee, Veda-ramachandrapur, M.E. School Vs. Kanduri Chara ...

Court : Orissa

Reported in : 1985(I)OLR613

..... instruction (higher education) or the director of public instruction (schools), as the may be, within one month from the date of commencement of this act for obtaining his, approval and thereupon the provisions of section 10-a of the principal act as amended by this act shall, mutatis mutandis apply :provided that where the managing committee or the governing body, as the case may be, fails to make a reference in accordance with this sub-section, the order of 'termination of the services of the ..... it appears from the order of the lower appellate court that the learned counsel for the appellant conceed to the fact that the termination of plaintiff's service would be governed by section 7(2) of the orissa act 17 of 1974 and admittedly no approval of the director of public instruction was obtained.the plaintiff who was respondent no. ..... state of orissa represented by the secretary to government of orissa in the planning & co-ordination department, bhubaneswar and ors. ..... savings in respect of past cases-(1) notwithstanding anything in any judgment, decree or order of any court, but subject to the provisions hereinafter contained, the termination of the services of any teacher of an aided educational institution as defined in the principal act, made after the 3rd may, 1972, and before the date of commencement of this act, shall, if made without the approval of the director of public instruction (higher education) in the case of a college teacher and of the director of public instruction .....

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Sep 16 2010 (HC)

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... validity of part iii regarding confiscation of the monies and properties of the accused persons who were facing the criminal trial in the special court constituted under the said act by the state government for speedy disposal is also held to be legal and valid and does not affect either the fundamental rights or constitutional rights and the same are not in- consistent ..... as to class or classes, group or group of persons and the area or areas that were being covered by the jurisdiction of the special judges appointed for the purpose whereas the state act in the corresponding section 3 (1) requires the state government to make a notification for appointment of special courts, without further specifying the class or classes, group or group of persons, area or the areas or the territory of territories intended to ..... contended by the learned senior counsel shri padhi that article 254 (1) is not available to the petitioners for the reason that undisputedly the act has received the assent of the president after satisfying from the documents sent by the state government as directed by the office of the governor with regard to the various clauses of the bill which was passed in the state legislature and ..... or saving words preclude the contention that the impugned act which bars a civil remedy under section 22 of the special courts act is repugnant ..... not having been submitted for assent of the president of india cannot be held to be saved by article 254(2) of the constitution of india. .....

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Mar 27 1974 (HC)

Indian Aluminium Company Ltd. Vs. the Orissa State Electricity Board a ...

Court : Orissa

Reported in : AIR1975Ori100

..... that section provides:--'the board shall not, as far as practicable and after taking credit for any subventions from the state government under section 63, carry on its operations under this act at a loss, and shall adjust its charges accordingly from time to tune: provided that where necessary any amounts due for meeting the operating maintenance and management expenses of the ..... been followed in the case of the thermal project in justification, however, it has been pleaded that it was not a scheme of the board and chapter v did not apply to it.section 60 of the act provides--'(1) all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for the state before the first constitution of the board shall be deemed to have ..... and undertook to pay for the energy at the rate prevailing up to january, 1971.in the writ application, the petitioner has pleaded that on the representation of the state government that electricity at a favourably fixed rate for a long period of time would be supplied by government, the company had agreed to put up its factory at hirakud -- a place away from both raw materials as also the market. ..... according to the petitioner, the thermal project was not a scheme of the board and the state government without any authority under the act had set up such a scheme and had ultimately transferred it to the board as late as 1970 -- 9 ..... of estoppel was rejected by saving--'the plea of equitable estoppel need .....

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Mar 09 2004 (HC)

Chandra Sekhar Pani and ors. Vs. State of Orissa

Court : Orissa

Reported in : 97(2004)CLT510; 2004CriLJ2626; 2004(I)OLR389

..... expressly prohibits police officers, below certain ranks, from investigating into offences under sections 161, 165 and 165a, ipc and under section 5 of the corruption act without orders of magistrates specified therein or without authorisation of the state government in that behalf and from effecting arrests for those offences without a warrant.where the order directing an inspector was one or order 'investigate' in respect ..... in the code or in any other provision of this act, the state government may, if it considers it necessary or expedient so to do : (a) for the prevention of and for coping with any offence under this act, or(b) for any case or class of group of cases under this act, in any district or part thereof, confer, by notification in the official gazette, on any officer of the state government the powers exercisable by a police officer under the code ..... be condemned when such practice enables a police officer below the rank of deputy superintendent of police to make an investigation free from the statutory safeguards (such as section 5a of the prevention of corruption act, 1947) designed to prevent the abuse of police powers, to secure the necessary information and thereafter to take the requisite permission of the magistrate and then to shape his investigation to achieve the desired ..... is the saving provision and prescribes that nothing contained in the code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time .....

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Feb 26 1973 (HC)

Bishnu Charan Mohanty Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1973Ori199; (1973)IILLJ528Ori

..... that case attempted to explain the delay by saving that the representations were being received by the government all the time. ..... (iii) two important circumstances to be borne in mind in all such cases are: the length of the delay, and the nature of the acts done during the interval which might affect either party and cause a balance of justice or injustice in taking the one course or the other so far as relates ..... two circumstances, always important in such cases, are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates ..... (ii) even if a suit for the same relief is not barred by limitation under the limitation act, vet the high court may refuse to issue a writ, if otherwise the delay is not explainable ..... learned counsel is right in his submission that the provisions of the limitation act do not as such apply to the granting of relief under article 226. ..... the governor on the advice of the council of ministers, and until the same is communicated to the party concerned by issuing an order in accordance with article 166 of the constitution, the advice of the council of ministers cannot be acted upon as before that it does not attain any finality. ..... that constitutionally speaking, the minister is no more than an adviser and that the head of the state, the governor or rajpramukh is to act with aid and advice of his council of ministers. .....

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May 08 1995 (HC)

Chandra Naik Vs. State of Orissa and ors.

Court : Orissa

Reported in : 1995(II)OLR46

..... the notification issued by the state government in exercise of power under section 123 of the orissa co-operative societies act (hereinafter referred to as the 'act') dated 26th october, 1991, exempting the orissa state co-operative spinning mills federation limited from the provisions of sub-section (3) of section 31 of the act and directing that the provision of sub-section (1) of section 28-a of the act shall apply to the aforesaid federation with the modification as specified in the said notification, is being ..... counter affidavit filed on behalf of the opposite parties, it is not discernible as to meet which contingency that is not covered by the provisions of the act, or for smoothening the function of the society on account of difficulties created, the state government exercised the power under section 123 by issuing the impugned notification and modified section 23-a of the act so far as it relates to election of the president of the society. ..... the aforesaid notification, the chairman of the board of the federation is nominated by the state government, the petitioner's case in nut-shell is that the aforesaid notification in purported exercise of power under section 123 of the act is a mala fide exercise of power and is contrary to the very object of the act and, therefore, should be struck down. ..... the impugned notification issued by the state government in purported exercise of power under section 123 of the act, the president is now being nominated by the state government. .....

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Mar 28 2012 (HC)

Sri Bhramarabar Das, Sundargarh Vs. State of Orissa and ors.

Court : Orissa

..... and recommendations, the hon ble supreme court felt the necessity to have an effective framework of mining plan and further made observation after taking note of those technical, scientific and environmental matters, moef, government of india, issued various recommendations in march, 2010 followed by the model rules, which is in the spirit of article 48a, article 51a(g) read with article 21 of the constitution. ..... chapter-vi has overriding effect and the hon ble supreme court and the high courts have consistently held that the state largesee should be sold or disposed of by public auction and the state government for larger public interest decided to dispose of the sairat in question covered under rule 35 by public auction, the provision contained in rule 27 is of no help to the petitioner. ..... in exercise of power conferred by sub-section (1) of section 15 of the act, 1957 the state government made the rules, 2004 for regulating grant of mineral concession in respect of minot ..... this dynamism is the cause of saving many statutes of it being declared void, it dissolves the onslaught of any rigid and literal interpretation, it gives full thrust and satisfaction to achieve the objectivity which the legislature ..... arranging finance from banks, for getting licence under the explosive act, pollution control act, sales tax/value added tax act etc. ..... support of his contention, mr.mohapatra placed reliance upon the decisions of the hon ble supreme court in the cases of central bank of india vs. .....

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Oct 03 1962 (HC)

The State Vs. Durgacharan Barik Alias Duria

Court : Orissa

Reported in : AIR1963Ori33

..... mind to such an extent that he was incapable of knowing what he was doing was wrong or contrary to law.in order to find whether the accused was by reason of unsoundness of mind incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law, a court may rely not only on the defence evidence but also on what is elicited from the prosecution witnesses as well as on circumstantial evidence consisting ..... at the time of the occurrence, the accused's natural emotions and feelings, as of a normal person, stilt governed his mind and had not left him. ..... for his crimes until the contrary is proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong. ..... feeling of fear was apparently governing his mind at the time ..... the question is whether, regard being had to the circumstances, the court should act on the supposition that there was a reasonable probability that the accused acted while his cogitative faculties were impaired to the extent of his not realising that what he was doing was wrong ..... this spirit of defence, -- which governed the deceased's mind,--accounts for the ghastly way the accused behaved sitting over the dead body of .....

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