Court : Orissa
Reported in : 89(2000)CLT355; 2000CriLJ2517; 2000(I)OLR166
..... 1999 with the patronage of the petitioner some antisocials committed offence under section 302, ipc read with section 9 of the explosives act and the petitioner had been taken to custody in connection with the said case on 16. 3. ..... was no likelihood of his release from custody in the near future to warrant passing of an order of detention since at the point of time of service of the detention order upon the petitioner the circumstances that the detenu would act prejudicially to the maintenance of public order was patently absent.xx xx xx10. ..... the grounds of detention as required under section 8(1) of the act were communicated to the petitioner by letter dated 31. 3. ..... 2 in exercise of powers conferred under sub-section (2) of section 3 of the national security act, 1980 ('the act', for short)..2. ..... act...... .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori166
..... he did not obtain any certificate from the competent authority as required under section 18-b of the orissa money-lenders' act (hereinafter referred to as 'act'), had he obtained such certificate authorising him to file a suit for recovery of the amount it could have been maintainable under section 18-b(8) of the act. ..... in the result, the appeal is dismissed for non-compliance of the provisions of section 18-b(2) and (8) of the orissa money-lenders' act. ..... although the suit was filed in 1992 till date no clearance was obtained from the competent authority as required under sub-section (2) of section 18-b of the act. ..... the provisions of section 18-b(8) takes away the right of the money-lender to file a suit for recovery of the amount without a certificate being obtained from the competent authority under sub-section (2) of section 18-b of the act. ..... 2 acted as a guarantor for him. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori186; 2006(II)OLR94
..... his further submission was that the judge, family court should have entertained the application under section 3 of the muslim women (protection of rights on divorce) act, 1986 since the husband had divorced the wife and the wife also claimed return of the dower.7. mr. ..... he further submitted that the petition formaintenance filed under section 7 of the family courts act was also not maintainable, since the wife claimed maintenance for herself and for children whereas the family court can decide the dispute only between the husband and the ..... the above two appeals under section 19 of the family courts act, 1984 arise out of the judgment and order dated 29.01.2005 passed by the judge, family court, cuttack in civil proceeding ..... jurisdiction -(1) subject to the other provisions of this act, a family court shall-(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of ..... (2) subject to the other provisions of this act, a family court shall also have and exercise-(a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to the order for maintenance of wife, children and parents) of the code of criminal procedure, 1973 (2 ..... section 8 of the family courts act provides for exclusion of jurisdiction of the civil court and criminal ..... section 7 of the family courts act, 1984, which deals with 'jurisdiction', is extracted hereunder .....
Tag this Judgment!Court : Orissa
Reported in : 1986(I)OLR421
..... did not conform to the standard prescribed in rule 28 of the rules; 2) whether a copy of the report of the public analyst was served on the respondent in compliance with section 13(2) of the act and rule 9-a of the rules both of which are mandatory in character; and 3) whether the report of the public analyst was delivered within a period of 45 days in compliance with rule 7 ..... food inspector athoor a division bench of the madras high court reiterated the earlier view of the mandatory character of the provisions of section 13(2), of the act and further held that both under section 13(2), as well as, rule 9-a, the forwarding of the report by the local health authority has to be done ..... food inspector, kumbakonam municipality, a division bench of the madras high court held that the provisions of section 13(2) of the act are mandatory and rule 9(1), as amended, makes it obligatory to send a copy of the report of the public analyst ..... consideration : 1) whether non-compliance of section 13(2) of the act and rule 9-a of the rules is fatal to the prosecution and vitiates the trial; and2) whether any irregularity or laxity in the mode of compliance of section 13(2) of the act and rule 9-a of the rules shall also be fatal to ..... municipal corporation, bhopal and another, as follows ; '...rule 9(j) of the prevention of food adulteration act, as it then stood, merely instructed the food inspector to send by registered post copy of the public analyst's report to the person from whom the sample was .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR449
..... 1 filed objection obviously under section 9(1) of the orissa consolidation of holdings and prevention of fragmentation of land act (for short 'the act'), inter alia, on the ground that kinei rout who was also a member of the joint family had made an oral gift in favour of his wife chani and pursuant to the said oral gift chani was ..... under the settlement act, the settlement authority is required to find out who is in possession on the date the record of rights is prepared, and is in no any concerned with the title of the person concerned, whereas under the consolidation act, the consolidation officer is required to find out the right, title and interest and pass appropriate orders thereon and is not in any way connerned with the possession on the date of notification under the consolidation act.7. ..... the power of the consolidation authority under the act is not akin to that of the settlement authority under the orissa survey and settlement act. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR125
..... the petition was purportedly under section 11(4) of the prevention of food adulteration act, 1954 (in short, the 'act'). ..... the vendor is primarily responsible for any contravention under the act. .....
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Reported in : 1999(I)OLR181
..... in that case cognizance for the offence under sections 323, 324, 506/34, ipc and section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (in short, 'the act') has been taken. ..... on 5.11.1996 petitioner filed an application challenging the order of taking cognizance of the offence under section 3 of the act, on the ground that the informant being a 'khatia' by caste and not being 'katia' by caste is not a member of the scheduled caste as per the presidential order and, therefore, petitioner cannot be prosecuted for the offence under section 3 of the act. ..... section 3 of the act provides for punishment of offences of atrocities committed against person or persons belonging to scheduled caste or scheduled tribe by a person or group of persons not being member of scheduled caste or scheduled tribe in any manner described in clauses (i) to (xv) of sub-section (1) and clauses (i) to (vii) of sub-section (2) in section 3 of the act. ..... 341 and 366 of the constitution and under section 3 of the act.8. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR683
..... 4(1) of the land acquisition act, 1894 (in short 'the act') and subsequent notifications under different provisions of the said act, the state government/ appellants acquired ac. ..... while challenging the award by the claimants as well as by the state government, apex court took into consideration the settled position of law, relating to the valuation as in section 23(1) of the act and also the factual aspect. ..... section 23 of the act provides parameter for determining the compensation to be awarded of land acquired and the first parameter is the market value of the land as on the date of publication of the notification under sec. ..... 23(1) of the act, in determining the amount of compensation, the court shall take into consideration the market value of the land at the date of publication of the notification under sec. ..... 4(1) of the act for expansion of the existing medical college and allied institutions. ..... 18 of the act.3. ..... the state government assessed the rate of compensation at the rate of rupees one lakh per acre along with other admissible benefits under the act. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR520
..... ultimately by the impugned order dated 20-9-1999, he framed charge under section 13(1)(e) of the prevention of corruption act, 1988 punishable under section 13(2) of the said act.5. ..... 14 lakhs which were disproportionate to his known source of income and, as such, committed an offence punishable under section 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988. ..... act, 1988. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori173; 2003(I)OLR579
..... when orissa state financial corporation as an instrumentality of the state deals with the public money with a public oriented approach for growth of industries, trade and commerce with the object of enhancement of financial stability and it is not to act like an ordinary money lender, yet, it has to find out ways and means with practical oriented approach to get recover of loan amount from defaulting debtors ..... case inter alia on the grounds that they being representing a statutory body and have proceeded in accordance with the provision under section 29 read, with section 30 of the state financial corporations act, 1951 (in short 'the act') for recovery of the loan amount, the civil court has no jurisdiction to grant temporary injunction in the absence of any illegality in their action. ..... . general duty of the board-- the board in discharging its functions under this act, shall act on business principles, due regard being had by it to the interests of industry, commerce and the general public ..... . even nothing has been stated or substantiated by the petitioner alleging mala fide in the act or action taken by any of the defendants ..... . section 24 of the act .....
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