Court : Orissa
..... petition was served on the learned counsel for the plaintiff-respondent and the court directed personal appearance of the collector, cuttack to appear in person on 20.12.2002 and file an affidavit clearly explaining the delay caused in filing the appeal and indicating the officers responsible for the same. ..... cooks (1894) 6 rep.167, there is no judge; but a person invested with the ensigns of a judicial office, is misemployed in listening to a fictitious cause proposed to him, there is no party litigating .no real interest brought into question and to use the words of a very sensible civilian on this point, fabula nonjudicium, hoc est; in scena, ..... emerged during enquiry, a case should be registered under appropriate sections of the indian penal code or any other provisions of law, and the same should be investigated. ..... it be mentioned here that the plaintiff filed the suit on 2.7.1991 and by then, a proceeding under the orissa prevention of land encroachment act, 1972 (for short, the ople act ) was pending against him to his knowledge for encroachment of an area of ..... the report of the additional director general of police, crime branch and/or the investigating officer, shall be placed before this court within three ..... i, therefore, direct the additional director general of police, crime branch, cuttack to make an enquiry into the entire affairs of the olympic association, which in my prima facie view, has become the ..... of police, crime branch cuttack and the collector, cuttack for taking .....
Tag this Judgment!Court : Orissa
..... nayak from the trust board were legal and valid in view of the facts that the said resolutions have an evidentiary value under section 35 of the indian evidence act, 1872 and that no rebuttal evidence was adduced on behalf of the defendants to dislodge the value of the aforesaid resolution?. ..... although as between the parties to the litigation his functions have terminated with the determination of the suit, he is still amenable to the court as its officer until he has complied with its directions as to the disposal of the funds which he has received during the course of his receivership. ..... when a suit is brought by or against a person in a representative capacity and there is a devolution of the interest of the representative, the rule that has to be applied is order 22, rule 10 and no.rule 3 or 4, whether the devolution takes place as a consequence of death or for any other reason. ..... , the subject matter of the suit and the interest is the interest of the person who was the party to the suit. ..... of a suit canno.be brought to an end merely because the interest of a party in the subject matter of the suit has devolved upon another during the pendency of the suit but that suit may be continued against the person acquiring the interest with the leave of the court. ..... the court has only to be prima facie satisfied for exercising its discretion in granting leave for continuing the suit by or against the person on whom the interest has devolved by assignment or devolution. .....
Tag this Judgment!Court : Orissa
..... , the petitioner could no.have been terminated from service under the 1990 rules and the 1990 rules having got approval from the registrar, co-operative societies under section 33-a of the orissa cooperative societies act, the same has got statutory force whereas initiation of the proceeding under 1990 rules has no.been approved as per section 33-a of the co-operative societies act and as such, if 10 the proceeding is initiated under 1988 rules, no action could ..... authority-cum- president, tdcc passed final order on 27.2.2009 vide annexure-9 stating inter alia, that the termination of the petitioner had been made as per the provisions of section 36(3) of the 1990 rules and in the said rules there being no provision of appeal, the president, tdcc being no.the appellate authority, rejected the appeal filed by the petitioner vide annexure-9. 4 3. ..... having been initiated against the petitioner under 1988 rules, without exhausting the same, the order of termination issued vide annexure-4 under 1990 rules amounts to non-application of mind by the authorities and the said order has been passed with undue haste, consequentially rejecting the appeal in annexure-9 stating that against the order passed under rule 36(3) of 1990 rules, there is no provision of ..... of the post office, a letter is to be delivered to the addressee or a person authorised by him. ..... the indian post office rules do no.prescribe any detailed procedure regarding delivery of ..... panda, shop assistant, to the tune of rs.22 .....
Tag this Judgment!Court : Orissa
..... case no.44 of 2013 was instituted on the first information report submitted by one sri sukumar panigrahi before the inspector-incharge, kharvelnagar police station, bhubaneswar on 7.2.2013 and the case was registered under sections 420,120-b and 406 indian penal code against 13 accused persons namely pradeep sethy, mano.pattnaik, lakhia sahoo, satyabrat padhi, p.k. ..... the learned counsel further submitted that the petitioner has no objection to co-operate with the investigating agency and to render all possible assistance to unravel the truth and in fact he appeared before the cbi officials on 16.9.2014 just on a receipt of a telephone call at the cbi office, bhubaneswar and the petitioner being a respectable person and peoples representative and being a permanent resident of cuttack, there is no chance of absconding. ..... pradeep kumar sethy, chairman-cum-managing director of at group of companies with his associates collected money by forming atmpcs under the provisions of orissa co-operative societies act, 1962 (orissa act 2 of 1963) and used to enroll the depositors as members promising them to provide higher rate of interest on the deposits and since the schemes of at group were very attractive, the people in large number invested their money for better returns in comparison to other banks. ..... exercising power under section 438 of the code, the court is duty bound to strike a balance between the individual s right to personal freedom and the right of investigation of the police.13. .....
Tag this Judgment!Court : Orissa
..... has provided overriding effect thereof any provisions of any other law, which are inconsistent with the railway claims tribunals act, 1987 and it is urged that on a bare reading of section 23 of the said act, except the prohibition of filing of an appeal against an order passed by the claims tribunal, with the consent of the parties, all other procedures provided for filing of appeal under the code of civil procedure or ..... when the officers of the plaintiff came to kno.that charges were levied with freight on rationalized route basis instead of shortest and cheapest route, they objected to the same and stated that when the goods were to be dispatched through the shortest and cheapest route, there was no justification for carrying the same otherwise and saddle if with freight ..... and therein 11 they differ from certain other letters of the king, sealed also with the great seal, but directed to particular persons, and for particular purposes: which therefore, no.being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clausae, and are recorded in the close-rolls, in the same manner as the others are in the ..... but as per the provisions contained in section 27-a of the indian railways act, 1890, power is conferred on the central government directing the railway administration to carry any specific goods to a specific destination on a particular route known as ..... deputy commissioner of police, bombay and another, air 1956 sc .....
Tag this Judgment!Court : Orissa
..... payable by any individual consumer under the provision to section 45 of the indian electricity act, 2003, shall no.be deemed to be part of the minimum monthly charges or demand charges, if any, payable by the consumer or the particular class of consumers under regulations 84 and 85 of the oerc distribution (conditions of supply) ..... the supply to the consumer who has paid for the line or equipment is disconnected, for whatsoever reason, the consumer shall permit the licensee, continued access to the service line and other equipment if they are required to give supply to other consumers, until alternate arrangements are made by the licensee: provided that no payment shall be due to the consumer for ..... electricity, new delhi, constituted under section 110 of the electricity act, 2003 at paragraphs 6 and 11 of the order passed in ..... state electricity regulatory commission provides as follows: 5.3 dedicated feeder consumers other than 3 mva & above including steel and other similar industries desirous of getting power supply from dedicated feeder may make a request for such facility to ..... the licensee shall maintain it at its cost and shall also have the right to use the same service connection/ extension for supply of energy to any other person but such extension or service connection should no.adversely affect the supply to the consumer who paid for the ..... , cost of which has been paid by the consumer, can be permitted by the licensee to be used for supply of energy to any other person. .....
Tag this Judgment!Court : Orissa
..... the party to produce the documents is always subject to sections 130 and 131 of the indian evidence act. ..... under section 37 of the act, the civil judge (junior division) shall have the powers which are vested in a court under the code of civil procedure, 1908 (5 of 1908) when trying a suit in respect of discovery and inspection; enforcing the attendance of witness, and requiring the deposit of their expenses and compelling ..... only direct the documents to be produced in court for inspection when they throw some light into the case and in possession of the party on the ground that the documents are related to the matter in question in ..... that while the court giving direction for production of documents during the pendency of the suit, it must be satisfied that (a) the documents which are called for to be produced are in power and possession of a party against whom the order is made (b) those documents relate to the mater in question in the suit. ..... as would be evident from the order of the learned single judge, the documents regarding birth of first and third child of the petitioner which are sought to be called for certainly throw light on the date of birth of the petitioner s children ..... produce document any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the .....
Tag this Judgment!Court : Orissa
..... general, there is no bar for investigating the offence under 1994 toho act by mangalabag police particularly when it was committed along with other offences of indian penal code however the mangalabag police has no power to submit charge sheet under 1994 toho act in view of the bar under section 22 of 1994 toho act and the police officer being satisfied after conducting investigation that an offence under 1994 toho act is made out can move before the appropriate authority to file complaint before ..... makes it clear that if an offence is committed under a special law, then the provisions of that law would govern the investigation and trial of such offence and a police officer is no.empowered either to submit charge sheet or otherwise proceed under chapter xii of the cr. p.c. ..... according to the petitioner, the arrest was made without any warrant and the ground of arrest was also no.intimated to the detenue and even though the arresting authorities is duty bound to produce the arrested person before the nearest magistrate within 24 hours as per the provisions under section 57 cr.p.c. ..... before parting, we record our appreciation to the able assistance provided by sri j.das, senior advocate appearing for the petitioner and sri ashok mohanty, the learned advocate involved in the case. .....
Tag this Judgment!Court : Orissa
..... the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its office memorandum dated 30.10.1978 ..... from the above, the contractor was required to display at the work site prior to commencement of work that the workmen were entitled to fare wages and was also required to regularly maintained and continued to display and correctly maintained in a clean and legible condition in a conspicuous places of work notice both in english and local indian language, the rate of wages prescribed by the state (public works department) and to send a copy of such notice to the engineer-incharge of the work. ..... clause has to be strictly construed for the simple reason that as pointed out by the constitution bench, ordinarily, a person who has a legitimate claim is entitled to payment within a reasonable time and if the payment has been delayed beyond reasonable time he can 34 legitimately claim to be compensated for that delay whatever nomenclature one may give to his claim in that ..... advocate on behalf of the state supported the findings arrived at by the learned district judge for refusing to concur the award of interest made by the arbitrator in favour of the claimant-contractor and submitted that the arbitrator was bound to the terms of agreement between the parties made in clause-13 in the f-2 agreement by the parties. .....
Tag this Judgment!Court : Orissa
..... the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its office memorandum dated 30.10.1978 ..... from the above, the contractor was required to display at the work site prior to commencement of work that the workmen were entitled to fare wages and was also required to regularly maintained and continued to display and correctly maintained in a clean and legible condition in a conspicuous places of work notice both in english and local indian language, the rate of wages prescribed by the state (public works department) and to send a copy of such notice to the engineer-incharge of the work. ..... clause has to be strictly construed for the simple reason that as pointed out by the constitution bench, ordinarily, a person who has a legitimate claim is entitled to payment within a reasonable time and if the payment has been delayed beyond reasonable time he can 34 legitimately claim to be compensated for that delay whatever nomenclature one may give to his claim in that ..... advocate on behalf of the state supported the findings arrived at by the learned district judge for refusing to concur the award of interest made by the arbitrator in favour of the claimant-contractor and submitted that the arbitrator was bound to the terms of agreement between the parties made in clause-13 in the f-2 agreement by the parties. .....
Tag this Judgment!