Judgment Search Results Home > Cases Phrase: government savings banks act 1873 Sorted by: recent Court: orissa Page 2 of about 560 results (0.090 seconds)

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. .....

Paradip Port and ors. Vs. Union of India and anr.

Court : Orissa

..... it is also stated in the counter affidavit that the eligibility of workers who are to be included in the "check-off system" has been clarified by the government of india and it has been specifically indicated that all class-iii and class-iv employees and workers of the major port trusts/dock labour boards, who are directly paid by the ..... , their repeated demands having not been considered, these two writ petitions have been filed for a direction to the opposite parties to allow the workers governed under the 1994 scheme to participate in the election process in the matter of representations of two workers representatives in the board of trustees of paradip ..... clearing, forwarding and handling workers (regulation and employment) scheme, 1994.it is the further case of the petitioners that the board of trustees in paradip port is being constituted in terms of the major port trust act, 1963 and as provided therein the board must include two elected representatives by the workers to protect the interest of the workers. ..... 3 of the major port trusts act, 1963 provides for constitution of board ..... ble supreme court was that the worker involved in the case was working as gardener and accordingly is not workman within the meaning of the definition of 'workman' under the industrial disputes act. ..... paradip port trust are entitled to participate in the election process as envisaged under the 1994 scheme and such decision has been taken in terms of the provisions contained in the major port trust act. .....

GeomIn Minerals and Marketing (P) Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... the refusal to grant or rejection must be "for reasons to be recorded in writing and communicated to the applicant".11.9 that apart, as opposite party no.1 & 3 have stated that the recommendation made on 9.1.2009 seeks the central government's prior approval under section 11(5) of the act, the central government is bound to reject the recommendations as no "special reasons" could have been given following the hearing and its minutes as produced before this court. ..... submitted that the petitioner is not entitled to any relief whatsoever and his further contention was that though the petitioner has filed applications on 29.10.1991, admittedly it did not do anything till 2004 save and except sending representations, as stated by the petitioner, to the state government for consideration of its applications. ..... the state law and thus it virtually effects a repeal, (2) the effect in law of a repeal, if it is not subject to a saving as is found in section 6 of the general clauses act is also not a matter of controversy. ..... bare reading of the order of the central government and the decision of the apex court in indian metals (supra), it can be said that the dictum of apex court can only be achieved if all the applications are considered simultaneously and the interest merit of all the applicants is examined, as rightly directed by the revision authority.from the record it appears that there is absolutely no examination of inter se merit save and except the conclusion arrived at, as quoted .....

Utkal Social and Cultural Association and anr. Vs. State of Orissa and ...

Court : Orissa

Reported in : 2010(I)OLR691

..... previous operation of the said action respect of the larger urban area referred to in sub-section (1);or(b) any right, privilege, obligation or liability accrued or incurred under the said act; or(c) any penalty, forfeiture or punishment incurred, in respect of any offence committed under the said act; or(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal ..... municipal council or notified area council or within an area declared by the state government to be an industrial estate and-(i) belong to or taken on lease by the state government or the board or by any company, corporation, municipal council, notified area council, improvement trust, special planning authority; or university; or(ii) requisitioned by the state government.thus, 'public premises' within the meaning of the opp act does not include any premises situated within a municipal corporation. ..... act, 2003 does not come to the aid of the opposite parties inasmuch as the saving provisions contained therein is only in respect of right, privilege, obligation or liability accrued or incurred under the orissa municipal corporation act. ..... saving provisions under section 693 of the orissa municipal corporation act, 2003, the provisions under the orissa municipal act, 1950 do not cease to apply in respect of any right, privilege, obligation or liability accrued or incurred under the said act .....

Kalyan Sahu Vs. State of Orissa and ors.

Court : Orissa

Reported in : 109(2010)CLT607

..... for transportation, storing & processing of minerals for scientific test or research work: :provided also no licence shall be granted to any person unless a person is an indian national or a company as defined in the companies act, 1956: not a defaulter in payment of mining dues payable under the act & the rules made thereunder & has not been convicted by a court in any case relating to any violation under these rules:provided also that in order to discourage procurement of illegally extracted mineral ..... parties 1 to 3 have filed a counter stating therein that section 23c of the act empowers the state government to make rules. ..... rules is the savings clause where it has been provided that notwithstanding anything to the contrary contained in these rules, things done, action taken, or orders passed under the orissa minerals (prevention of theft, smuggling & other unlawful activities) rules, ..... section 23c of the act confers power on the state to make rules within the permissive limit prescribed therein. ..... (prevention of theft, smuggling & illegal mining & regulation of possession, storage, trading & transportation) rules, 2007 (in short, '2007 rules') as ultra vires of the constitution of india & 2007 rules de hors section 23c of the mines & minerals (development & regulation) act, 1957 (in short, 'the act').2. .....

Rourkela Shramik Sangha Union Vs. Steel Authority of India

Court : Orissa

Reported in : 2010(I)OLR325

..... 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. ..... 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 .....

Orissa Rural Housing and Development Corporation Ltd. (Orhdc) Vs. Sri ...

Court : Orissa

Reported in : 2010(I)OLR177

..... (a) to the proviso of the section, it is provided that nothing contained in that section shall apply unless the cheque has been presented to the bank within a period of six months from the date, on which it was drawn or within the period of its validity, whichever is earlier. ..... therefore, the parliament in its wisdom, perhaps, thought to provide a saving clause in shape of the proviso to section 142 of the act, whereby the court was given the discretion to take cognizance of the offence even after lapse of thirty days of the cause of action, as mentioned in clause (c) of the proviso to section 138, if it is satisfied that the ..... it is well know that such government corporations are also manned by public servants on deputation ..... (b) of the said proviso, it is further provided that section 138 of the act shall not be attracted unless the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque within 30 days of receipt of information by him from the bank regarding the return of the cheque as unpaid. ..... section 138 of the negotiable instrument act, 1881 has been enacted to prevent misuse of the banking institutions and to promote business transactions ..... the said cheque was presented before the syndicate bank, orhdc extension counter, bhubaneswar for collection, but the complainant was intimated that the cheque has been dishonoured due to 'stop payment' and .....

Niranjan Rout and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 109(2010)CLT7

..... has stated that the petitioners are not entitled to the same because in terms of the direction of this court the registrar of co-operative societies had already taken a decision under section 30 of the orissa co-operative societies act, 1962 to give revised scale of pay with effect from 1.1.1999 since the spinning mills had no capacity to pay revised pay to their employees with effect from 1.7.1990 & the decision of the registrar had already ..... apart from the fact that the government in its capacity as a model employer cannot be permitted to raise such an argument, the undertaking which is said to constitute an agreement between the parties cannot be enforced at law. ..... 1 & 3 would have thought over it before floating the scheme & allowing the employees to act on their promise made in the said scheme. o.p. no. ..... it would, therefore, be unenforceable in view of section 23 of the contract act, 1872.10. .....

Tor Steel Research Foundation in India Vs. the State of Orissa and ors ...

Court : Orissa

Reported in : 2009(II)OLR617

..... require prior permission from the respective stock exchanges if so stipulated by the stock exchanges with prior approval of securities and exchange board of india.the language used in the above quoted section 13 is that the central government may by notification in the official gazette declare that section to apply to such state or area, and thereupon every contract in such state or states or area, which is entered into after the date of notification ..... though the petitioners have always been ready and willing to purchase the shares, held by ipicol and expressed their willingness by way of a letter dated 23.2.2009, the arbitrary action of ipicol which is a government concern in proposing to sell the shares in contravention of the articles of association of the company is adversely affecting the legal rights of the petitioners which toiled hard for the company since long to manage ..... that section 13 of the securities contracts (regulation) act, 1956 (hereinafter called the act, 1956) provides that any contract entered into between members of a recognized stock exchange or recognized stock exchanges in such state or states or area or through or with such member shall be illegal and this provision has been made applicable in the state of orissa vide notification dated 5th june, 1989 by the central government. ..... as one of the leading coal based sponge iron technology in the world and has been adopted for use in projects funded by idbi, world bank (ifc) and the german development bank. .....

Sri Kalyan Mahanty Vs. Presiding Officer, Debts Recovery Tribunal and ...

Court : Orissa

Reported in : AIR2009Ori181; 108(2009)CLT11

..... view of the above, we are not inclined to entertain the writ petition, which is accordingly dismissed with liberty to the petitioner to approach the appellate tribunal.in case, the petitioner files an appeal under section 20 of the act, 1993 along with a petition for condonation of delay within a period of four weeks from today, the appellate authority shall consider the question of delay taking into consideration that the writ petition was pending in ..... passed, refusing to permit the cross-examination of the deponent, was erroneous.in the facts and circumstances of this case, we hold that the respondent ought to have availed the remedy provided under section 20 of the act and preferred an appeal before the appellate tribunal wherein he could have urged all his grievances and challenged the decree/final order passed by the drt. ..... , it is open for the petitioner to file an appeal under section 20 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act, 1993') against the orders of the learned tribunal dated 21.4.2005 and 27.07.2005. ..... mohammed nooh air 1958 sc 86, held as follows:.save in exceptional cases, the courts will not interfere under article 226 until all normal remedies available to a petitioner have been ..... -(i) save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a tribunal under this act, may prefer an appeal to an appellate tribunal having jurisdiction in the .....