Court : Orissa
Decided on : Dec-04-2009
Reported in : 2010(I)OLR177
..... provided punishment for those persons who follow unscrupulous method of issuing cheques without intending to honour the same. originally, that is, before the negotiable instruments (amendment and miscellaneous provisions) act, 2002 came into force, there was no provision for condoning the delay in filing the complaint petition. however, keeping in view the complex nature of ..... in preferring the complaint. 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 ..... ground has been made out for condoning the delay in this case. hence, he submitted that the revision application should be dismissed.6. section 138 of the act provides for penalty for dishonour of cheque for insufficiency, etc. of funds in the account of the drawer. in clause (a) to the proviso of the .....
Tag this Judgment!Court : Orissa
Decided on : Dec-07-2009
Reported in : 2010(I)OLR190
..... . should the sessions judge dismiss a criminal appeal for default or for non-prosecution?2. petitioner was convicted for the offence under section 47(a) of bihar and orissa excise act, 1915 and was sentenced to undergo simple imprisonment for two years and to pay fine of rs. 5,000/-, in default, to undergo further simple imprisonment for six months in .....
Tag this Judgment!Court : Orissa
Decided on : Dec-09-2009
Reported in : 2010(I)OLR173
..... in the scheduled tribes order if they are not so specifically mentioned in it.3. a notification issued under clause (1) of article 342, specifying scheduled tribes, can be amended only by law to be made by the parliament. in other words, any tribe or tribal community or part of or group within any tribe can be included or excluded ..... 342 only by the parliament by law and by no other authority.4. it is not open to state governments or courts or tribunals or any other authority to modify, amend or alter the list of scheduled tribes specified in the notification issued under clause (1) of article 342.5. decisions of the division benches of this court in bhaiya ..... declared elected. the election petition secured the 2nd highest votes in the fray. she filed the election petitioner under section 31 of the orissa gram panchayat act, 1964 (hereinafter referred to as 'g.p. act') on the ground that name of opp. party no. 1 was bebirani sinha and her father's name was amulya sinha in the voter list of .....
Tag this Judgment!Court : Orissa
Decided on : Dec-10-2009
Reported in : 2010(I)OLR245
..... . on receipt of such information, a case was registered, investigation commenced and after its closure charge-sheet was filed against the appellants and one birendra konhar under section 302/34, ipc.3. the accused persons denied the charge and pleaded that the case was falsely foisted against them.4. in order to prove its case, the prosecution examined as many as ..... and order dated 29.09.1999 passed by the learned sessions judge, kandhamal-boudh at phulbani in st. no. 61 of 1998 convicting the appellants under section 302 of the indian penal code read with section 34 of the code and sentencing them to undergo imprisonment for life.2. the case of the prosecution is that on 22.03.1998 at .....
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2009
Reported in : 2010(I)OLR325
..... 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 ..... ., rsp.2. 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 .....
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2009
Reported in : 2010(I)OLR243
..... jurisdiction the judgment-debtor is residing.7. for better appreciation, section 635 of the companies act is quoted hereunder.section 635. enforcement of orders of one court by other courts.- (1) where any order made by one court is required to be enforced ..... staying at berhampur. so, the learned subordinate judge, berhampur had the jurisdiction to execute the decree. in view of the provisions contained in section 635 of the companies act, it is not necessary to transfer the decree passed by the court to another court for its execution as the decree can be filed before the court within whose ..... did not appear in this case.5. it is the admitted fact that the petitioner-decree holder filed an application under section 446(2) (b) of the companies act and obtained a decree from the company court which is not a usual civil court decree. therefore, the procedure prescribed under section 39 of the civil procedure code is that .....
Tag this Judgment!Court : Orissa
Decided on : Dec-16-2009
Reported in : 2010(I)OLR163
..... from the judgment passed by the election tribunal that the petitioner could read and write oriya, albeit with much difficulty. as per section 11(c)(ii) of the g.p. act no member of a gram sashan would be eligible to stand for election if he is unable to read and write oriya. in the present case, since it was the ..... was declared elected on 10.3.2007. on 24.3.2007 opp. party no. 1 filed election misc. case no. 25 of 2007 under section 31 of the gram panchayat act before learned civil judge (jr. division) dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected as naib ..... such she was not qualified for becoming a member of gram panchayat as provided under clause (ii) sub-clause b of section 11 of the gram panchayat act (hereinafter referred to as 'g.p. act'.) the present petitioner filed show cause denying the allegations made by opp. party no. 1 in her election petition. she specifically stated that she knew reading and .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2009
Reported in : 109(2010)CLT247
..... of positive interpretation courts cannot re-write a statute. a purposive interpretation may permit a reading of the provision consistent with the purposes & object of the act, but the courts cannot legislate & enact the provisions either creating or taking away substantial rights by stretching or straining a piece of legislations.9. now that ..... but also includes any land recorded as forest in the government record irrespective of the ownership. it is also stated that the provisions of the conservation act for the conservation of forest & the matters connected therewith must apply clearly to all forests so understood irrespective of ownership or the classification thereof. by ..... plot in question. the appellate authority further directed that the d.f.o. should examine whether the plot in question attracts the provisions of forest conservation act or not & the appellant should be allowed for removal of trees from his plot in question in accordance with the provisions of the orissa timber & .....
Tag this Judgment!Court : Orissa
Decided on : Dec-24-2009
Reported in : 2010(I)OLR221
..... seizure was made by a person not competent to seize the essential commodities, such seizure being illegal, the proceeding under section 6(a) of the e.c. act cannot stand. as per rule 12 of bihar kerosene oil dealers licensing order, any licensing authority or any executive magistrate, special officer in charge rationing and an ..... on the basis of that seizure, confiscation proceeding under section 6(a) can be initiated.6. in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955), read with paragraph 5 of the annexure to the public distribution system (control) order, 2001, published in the gazette of india, extraordinary, ..... list in respect thereof and reported this fact to the collector, balasore and requested him to initiate a proceeding under section 6 (a) of the e.c. act. after completion of due formalities, the collector initiated essential commodities case no. 32 of 2009. as an interim measure, on 14.8.2009 the collector, balasore directed .....
Tag this Judgment!Court : Orissa
Decided on : Dec-26-2009
Reported in : 2010(I)OLR347
..... violated the environment impact assessment (eia) notification dated 14.9.2006 issued by the ministry of environment and forest (moef), govt. of india, under the provisions of the environment (protection) act, 1986 and the rules made thereunder inasmuch as the unit had not obtained the environmental clearance as required under the aforesaid notification. in support of the aforesaid ground, learned counsel ..... control board, orissa, (hereinafter 'the board') on the complaint filed by them, vide annexure-8 have filed this appeal under section 31 of the air (prevention and control of pollution) act, 1981 praying to set aside consent order no. 2475 dated 30.7.2008 issued by the board vide annexure-7 granting consent in favour of respondent no. 2 ardee hi .....
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