Court : Orissa
Decided on : May-07-2009
Reported in : 2009(II)OLR361
..... the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.7. as provided under sub-rule (2) which was substituted by the amending act, 1976, on an application under order 21, rule 97 being made, the court shall proceed to adjudicate upon the application in accordance with the provisions which are contained ..... the parties under order 21, rule 97 or rule 99, cpc shall be determined by the court and not by a separate suit. by virtue of the amendment act, 1976, one has not to go for fresh suit but all matter pertaining to that property even if obstructed by a stranger is adjudicated and finality given ..... settled by various decisions of the apex court that the high court can interfere under article 227 of the constitution of india in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction which amounts to error of law apparent on record, a patent error in procedure or resulting in manifest injustice. ( .....
Tag this Judgment!Court : Orissa
Decided on : May-11-2009
Reported in : 2009(II)OLR161
..... thereof, sub-section (5) of section 14 thereof must also be held to have overriding effect over the provisions of code of criminal procedure and/or the indian evidence act and in that view of the matter the order dated 1st january, 1994 is unassailable(3) non recording of reasons, in any event, being only an ..... intolerance, prejudice, or jealousy. we have formalized these protections in the requirements of confrontation and cross-examination. they have ancient roots. they find expression in the sixth amendment.... this court has been zealous to protect these rights from erosion. it has spoken out not only in criminal cases...but also in all types of cases where ..... meaning of this section.the right of an accused to watch the prosecution witnesses deposing before a court of law indisputably is a valuable right.the sixth amendment of the united states constitution explicitly provides therefor, which reads as under:in all criminal prosecutions, the accused shall enjoy the right to a speedy and .....
Tag this Judgment!Court : Orissa
Decided on : May-14-2009
Reported in : 2009(II)OLR407
..... accused-petitioner has filed this writ petition praying for quashing of the fir registered as barkot ps. case no. 66 of 2008 under section 379 ipc and section 21 of the mines and minerals (development and regulation) act, 1957 and the corresponding criminal proceeding in g.r. case no. 326 of 2008, pending in the court of learned s.d.j.m ..... party no. 2 dated 21.03.2008 was registered as a fir vide barkot p.s. case no. 66/2008, under section 379 ipc and section 21 of the mines and minerals (development and regulation) act 1957 (for short mmdr act).5. the case of the accused-petitioner is that 'iron ore' includes both iron ore lumps and iron ore fines, as iron ..... opposite party no. 2 having filed written report before the iic, barkot police station, deogarh, which has been registered as barkot p.s. case no. 66/2008, under section 379 ipc and section 21 of the mmdr act, i am of the considered view that the said proceeding is not maintainable in view of the clear provisions contained in the mmdr .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2009
Reported in : (2010)27VST387(Orissa)
..... , learned counsel for the petitioner and mr. dalai, learned additional standing counsel for the revenue.2. the petitioner, who is a registered dealer under the orissa value added tax act, 2004 and has been granted a tin number, challenged the order of assessment dated april 21, 2007 passed by the sales tax officer, bhanjanagar circle, bhanjanagar, ward a, ..... below:section 2. (4) 'assessing authority' means any officer appointed under sub-section (2) of section 3 who is authorized by the commissioner to make assessment under this act.the provisions of rule 34(8) and rule 34(12) of the ovat rules, 2005 being relevant the same are reproduced below:rule 34. (8) the return under sub ..... in view of rule 34(12)(b) of the ovat rules, 2005 as noted hereinabove it is clear that the dealers who have been granted registration under the ovat act/rules and have been assigned with tin numbers, in terms of the aforesaid rule, can only be assessed by the 'assessing authority of the range'. annexure 2 is .....
Tag this Judgment!Court : Orissa
Decided on : Jun-17-2009
Reported in : 109(2010)CLT141
..... judgment and order dated 30.09.1988 passed by the addl. sessions judge, bhubaneswar passed in s.t. no. 24/213 of 1985-84 convicting the appellant under section 325 ipc and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of rs. 1,000 (one thousand), in default to undergo further rigorous imprisonment for one ..... of this criminal appeal. during investigation the appellant was in custody for a period of near about 2 months. therefore, he prays to release the appellant on probation of offenders act. mr. singh, learned additional government advocate vehemently opposes the prayer.8. perused the record. considering the submissions made by the parties, since the appellant was in custody for near about .....
Tag this Judgment!Court : Orissa
Decided on : Jun-25-2009
Reported in : (2010)ILLJ359Ori
..... this court in managing director, the orissa agro industries corporation ltd. v. presiding officer, labour court, orissa and anr. (supra) laid down that section 33-c(2) of the act takes within its purview cases of workmen, who claim that the benefit to which they are entitled to can be computed in terms of money, even though, the right to ..... has not performed any duty during the period in question and also raised the question with regard to the maintainability of the application under section 33-c(2) of the act.3. the opp. party no. 1, however, in his counter affidavit filed before this court, inter alia, stated that the order of the labour court is now ..... in misc. case no. 1/2005 filed by the opp. party no. i. the said application was filed under section 33-c(2) of the industrial disputes act, 1947 (for short, 'the act') claiming monetary benefits, which he alleged to be entitled to from the management towards his salary, provident fund etc. from august, 2003, onwards as mentioned in the .....
Tag this Judgment!Court : Orissa
Decided on : Jul-01-2009
Reported in : 2009CriLJ4400
..... after investigation charge-sheet was submitted against the accused-appellant for commission of offence under sections 286, 337, 338, 427 and 302 of the indian penal code and under section 3 of the explosive substances act. after commitment the sessions case being s.c. no. 24/1994 (s.c. no. 21/94 g.d.c.) was tried by ..... its case against the accused and convicted the accused for commission of offence under sections 286, 337, 338, 427 and 302 of the indian penal code and under section 3 of the explosive substances act. after hearing the 1st addl. sessions judge sentenced the accused-appellant to undergo imprisonment for life for the offence under section 302 of ..... not the quantity of the evidence which is necessary for proving or disproving a fact. it is clear that the indian legal system does not insist on plurality of witnesses. neither section 134 of the evidence act nor any other provision mandates that there must be a particular number of witnesses to record an order of conviction against .....
Tag this Judgment!Court : Orissa
Decided on : Jul-21-2009
Reported in : 2010(I)OLR12
..... no. 54447/f. dated 5.12.2005 decided that the administrative departments are competent enough to accord approval for cases that qualify for appointment under ocs (ra) rules, 1990 with amendments made from time to time and other guidelines by g.a. department in the matter. it was further decided therein that cases of appointment under rehabilitation assistance need not be .....
Tag this Judgment!Court : Orissa
Decided on : Jul-22-2009
Reported in : 109(2010)CLT105
..... in the case. even then the orissa information commission kept the complaint pending & decided the same punishing the pio.4. section 20(1) of the right to information act provides that where the central information commission or the state information commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion ..... may be prescribed or reject the request for any of the reasons specified in sections 8 & 9. as the information was not furnished within the time stipulated under the act, opposite party no. 2 made a complaint to the chief information commissioner on 6.7.2006 which was registered as complaint case no. 130 of 2006 & notice was ..... prevailing in orissa who forwarded the same on the same day to the office of the commissioner of commercial taxes, cuttack. section 7(1) of the right to information act, 2005 provides that subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the central public information .....
Tag this Judgment!Court : Orissa
Decided on : Jul-22-2009
Reported in : AIR2010Ori23; 2009(II)OLR448
..... court-fee paid in such case shall be refunded in the manner provided under the court-fees act, 1870.5. in view of the above quoted provisions and to avoid any conflict with the court fees act, the court fees act was amended by an orissa amendment by amending section 13(2). sub-section (2) of section 13 is quoted below:13. (2) ..... where a compromise or settlement has been arrived at, by a lok adalat in a case referred to it under sub-section (1) of section 20 of legal services authorities act, 1987, the ..... , and to organize lok adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.8. therefore, the object of the act, 1987 is to provide free and competent legal service to the weaker sections of the society for the purpose of ensuring that opportunities for securing justice are not denied .....
Tag this Judgment!