Court : Orissa
Reported in : 85(1998)CLT179
..... reported the matter to the office-in-charge of the said police station, who started a case, being tusura police station case no. 110/89 under section 379, ipc. according to the prosecution, the driver gave two different names at two different times, but his actual name is nadia kishore behera (opposite party no. 3). pooran ..... learned district judge, as contained in paragraph 2 of his judgment, are quoted below :--'in the definition of forest produce given in section 2(g) of the forest act, bamboo is not specifically mentioned in either part of the definition.xxxxxtherefore, following the decision in n. v. gopalswamy v. asst. conservator of forest, 1990 (2) ..... bolangir forest division in case no. op 212 of 1989-90. the authorised officer, by his aforesaid order passed under section 56 of the orissa forest act (for short, 'the act') had confiscated 438 pieces of green bamboo together with the vehicle bearing registration number ops 3316, alleged to have been used in the commission of the .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT681; [1999]97CompCas182(Orissa)
..... and(iv) allow the writ application with costs ; .....'3. it is placed on record that the stock exchange, opposite party no. 1, was incorporated under the companies act in the year 1989-90, in the name and style of 'bhubaneswar stock exchange association ltd'. the central government duly recognised the said opposite party no. 1 for a ..... v. national association for mental health [1970] 2 all er 362. it is stated that those articles also hit the provisions of indian contract act. he has referred to section 23 of the contract act. mr. ray has also argued that the statutory provisions override the provisions in articles/bye-laws and render them nugatory and void. consequently ..... has taken a chance to circumvent adjudication by the civil court re-visiting the writ court without any justifiable reason.36. upon reading the provisions of the companies act and the securities and exchange board of india regulations and looking at the ratio of the decisions cited at the bar, we have no hesitation to hold .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT114; 1998(II)OLR136
..... a person in lawful occupation of that building or land.section 18 inter alia provides that the licensee cannot place any overhead line along or across any street, railway, tramway, canal or waterway unless and until the state government has communicated to him a general appro valin writing of the methods of constructions which the licensee ..... 13, sub-section (3), nothing in this part shall be deemed to authorise or empower a licensee to place any overhead line along or across any street, railway, tramway, canal or waterway unless and until the state government has communicated to him a general approval in writing of the methods of constructions which he proposes to ..... 1948 and section 10 of indian telegraph act, 1885. admittedly the present line has been drawn under a sanctioned scheme. therefore, the question is whether it is in accordance with law.7. according to section 28 of the act of 1948, the board or a generating company, as the case may be, may prepare one or more schemes, relating .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori15
..... around the bhitarkanika sanctuary; (b) to direct the state to provide infrastructure, personnel etc. for effective implementation of the orissa marine fishing regulation act, wildlife protection act and indian forest act to protect and conserve the mangrove forest and the endengered species of wildlife of the bhitarkanika sanctuary and its surrounding area; and (c) to ..... coriacea) 4. the green sea turtle (chelonia mydas) all the four species of sea turtles found in orissa are protected under schedule i of the indian wildlife (protection) act, 1972(amended 1991). all these species of sea turtles are listed as 'endangered' as per iugn red data sock. the sea turtles are also protected ..... this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c.m. jariwala in his article 'changing dimensions of the indian environmental law' in the book 'law and environment' by p. leelakrishnan. 6. the .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR347
..... court in md. ayub khan v. commissioner of police, madras and ors. : air 1965 sc 1623. section 9(1) of the citizenship act provides for termination of citizenship of an indian citizen if he has (subject to the proviso) by naturalisation, registration or otherwise, voluntarily acquired citizenship of another country. subject to the exception ..... a law to provide such matters. to supplement the provisions of the constitution in regard to such matters, citizenship act has been enacted. it is an act enacted to provide for acquisition and determination of indian citizenship. it provides for acquisition of citizenship after commencement of the constitution by birth, descent, registration, naturalisation, being ..... no application to petition under article 226 of the constitution against a person under section 3(2)(c) of the act, because the question therein is whether that person is a foreigner or an indian citizen (see the union of india and ors. v. ghaus mohammad : air 1961 sc 1526). as the factual .....
Tag this Judgment!Court : Orissa
Reported in : 2000(I)OLR208
..... .9. if the offence alleged to have been committed by more than one person and any or all the offences are punishable under section 3 of the act and also by any other law including indian penal code in which one or more accused admittedly belong to reserve categories (s. c. and/or s. t. ) in such cases also for the purpose ..... / 99 arising out of athgarhp. s. case no. 173/99. the case has been registered under sections 364/342/323/34, ipc read with section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (in short, the 'act'). the case is pending at the stage of investigation and the sessions judge-cum-special judge, cuttack is awaiting for final .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR96
..... , on a reading of the aforesaid provisions of law there cannot be any manner of doubt that the gridco, which is an independent company registered under the companies act, is to have its own rules and regulations for recruitment and appointment of its staff. the learned counsel for the petitioners have not ..... state government nor the gridco is bound to follow the said list and make appointments from the said list, since it is an independent company registered under the companies act having its own set of recruitment rules. the petitioners having not made applications pursuant to the advertisement, they are otherwise not eligible to ..... co-ordination with the generating companies, state government, contiguous states, the commission, the regional electricity board and the central electricity authority. the gridco so required to discharge such powers, duties and function of the board including those under the indian electricity act. 1910 and the electricity (supply) act, 1948 or the rules framed .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR568
..... areas and panchayat areas, at least the government should consider whether it is necessary to flood the tribal or panchayat area with all forms of liquor, indian made! foreign liquor, out-still liquor and country spirit. the learned advocate general argued that mohua flower is aplenty in this state and it is the ..... areas proposed for the exercise of exclusive privilege. 9. the learned advocate-general appearing for the state forcefully submitted that all the requirements stipulated under the act and the exclusive privilege rules have been sacrosanctly complied with by the state government before issuing the auction sale notice. annexure-8. it is also submitted ..... exclusive privilege can only be granted in respect of notified area and specified location indicated in the notice.8. a cumulative reading of the provisions of the act and the rules framed thereunder leads to the following irresistible conclusions : (a) no licence or exclusive privilege can be granted in any scheduled area for .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT642; 2003CriLJ123; 2002(II)OLR495
..... fully convinced that he is a truthful witness having no inimical relation whatsoever with the accused. as such his evidence that he saw the deceased last in the company of the accused in the night of the occurrence cannot be disbelieved and discarded. the said last seen together aspect is a clinching circumstance appearing against the accused ..... niranguda; (v) accused had visiting terms to the house of the deceased anirudha as he had weakness for deceased lata; (vi) accused was last seen in the company of the deceased by the witnesses; (vii) accused was going from the direction of the house of the deceased in the following morning of the night of occurrence ..... case of gulab chand v. state of madhya pradesh, 1995(3) scc 574, their lordships besides section 27 of the indian evidence act, drew presumption under section 114, illustration(a) and section 106 of the evidence act. their lordships held that simply on the recovery of stolen articles no inference can be drawn that a person in possession .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT65; 2003(I)OLR265
..... no. 2 which is a company incorporated and registered under the indian companies act, 1956 represented through its managing director, petitioner no. 1, has challenged the legality, validity and propriety of the notice dated 24.4.2001, vide annexure-1 along with a field meter test report issued by opp. party no. 3, the divisional manager, central electricity supply company (in short 'cesco') or orissa ..... the code itself it has been clearly stipulated that the provisions of the indian electricity act, 1910 as well as the rules framed thereunder shall prevail over the provisions of the code.16. it is not in dispute that the petitioners' company is a high-tension power consumer. therefore, potential transformer meter had been fixed at the sub-station maintained by the gridco .....
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