Court : Orissa
Decided on : Apr-10-2002
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
Decided on : Sep-11-2002
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
Decided on : Sep-23-2002
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
Decided on : Dec-13-2002
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 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-2002
Reported in : 2002CriLJ3226
..... judge, parlakhemundi, whereas opposite parties 2 to 4 are the accused persons facing trial before the above court under sections 498-a 302, 304-b/34, ipc read with section 4 of the d.p. act. the victim is the daughter of the present petitioner. she was given in marriage to opposite party no. 4. during her stay in her conjugal home ..... accused persons are alleged to have committed a serious offence punishable under sections 498-a, 302, 304-b/34, i.p.c. read with section 4 of the d.p. act. that being so, the learned trial judge is called upon to take steps on a petition if moved before him to see that the witnesses appear before him without any .....
Tag this Judgment!Court : Orissa
Decided on : Jan-16-2002
Reported in : 93(2002)CLT431
..... favour.in the case of r. s. nayak v. a. p. antulay reported in air 1984 supreme court 684, it has been observed as follows :'re. (a) : the 1947 act was enacted, as its long title shows, to make more effective provision for the prevention of bribery and corruption. indisputably therefore, the provisions of the ..... b.p. das, j. 1. the appellant stood charged under section 5(1)(d) of the prevention of corruption act (in short 'the act') punishable under section 5(2) of the act for obtaining pecuniary advantage for himself by use of corrupt and illegal means or abusing his official position as a public servant. he also stood charged under section 161, ..... act must receive such construction at the hands of the court as would advance the object and purpose underlying the act and at any rate not defeat it. if the words of the statute are clear and unambiguous, it is the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-14-2002
Reported in : 93(2002)CLT706; 2002(I)OLR481
B.P. Das, J. 1. This application arises out of an order passed by the learned Sessions Judge, Balasore in G. R. Case No. 1194 of 1997, corresponding to S.T Case No. 98 of 2001 in transferring the same to the court of Judicial Magistrate, Basudevpur.2. The case of the petitioner is that he is an accused in G. R. Case No. 1195 of 1997 for the offences under Sections 148/149/452/323/324/326/307/379,1.P.C., which was subsequently turned to Section 302, I.P.C. The Petitioner is also the informant in Q. R. Case No. 1194 of 1997, wherein the informant in the other case was charged for commission of the offences punishable under Sections 341/323/324, I.P.C. read with Section 34, I.P.C.4. G. R. Case No. 1195 of 1997 being exclusively triable by the Court of Session, the learned Magistrate committed the said case to the court of learned Sessions Judge, Balasore which was subsequently registered as St. No. 60/99/2001 and the learned Sessions Judge transferred the said record to the file of learne...
Tag this Judgment!Court : Orissa
Decided on : Mar-05-2002
Reported in : AIR2002Ori137
..... has been made against the notice of disconnection no. 2118 dt/- 12-9-2001 issued by the opp. party no. 4 under section 24(1) of the indian electricity act, 1910 calling upon the petitioner to pay an amount of rs. 5,85,664/- by 25-9-2001.2. the petitioner is a government of india enterprise undertaking ..... the energy consumed by the other two companies.9. in paragraph 9 of the counter it has been further admitted that no separate meter could be installed in the petitioner's premises, as it is submitted ..... short 'bpcl') was also supplied energy from the said 33 kv line with separate metering arrangement at it's end. since two separate meters have been fixed for indian oil corporation ltd. and bharat petroleum corporation ltd., in the aforesaid background, there would be no difficulty to determine the actual energy consumed by the petitioner after deducting .....
Tag this Judgment!Court : Orissa
Decided on : Mar-18-2002
Reported in : 93(2002)CLT534; [2002(95)FLR939]
..... of the parties of the intention of terminate it and two months have elapsed from the date of such notice. the effect of section 4 of the industrial disputes (banking companies). decision act is that the award ceased to be in force after march 31, 1959. that, however, has nothing to do with the question as to the period for which it ..... ) as regards the period for which the award shall continue to be binding on the parties is not in any way affected by section 4 of the industrial disputes (banking companies) decision act, 1955. quite apart from this, however, it appears to us that even if an award has ceased to be in operation or in force and has ceased to be ..... court reported in 1987(2) llj 38 (trichur urban co-op. bank ltd. v. district labour officer) and decision of the apex court reported in air 1964 sc 1522 (south indian bank ltd. v. r. chandra). reliance is also placed on a decision of the apex court reported in 1999(1) llj 849 (management of karnataka state road transport corporation v .....
Tag this Judgment!Court : Orissa
Decided on : Apr-09-2002
Reported in : 94(2002)CLT107; 2002(I)OLR574
..... in pursuance of the resolution of the municipal council.before going to the facts, it is profitable to have a look at chapter viii of the indian trusts act, 1882, which deals with the provisions of extinguishment of trust. sections 77 and 78 contained in the aforesaid chapter, which are relevant for our purpose ..... the corporation authorities, in our view, cannot absolve themselves from their responsibility to maintain the roads, whether they belong to the public works department, irrigation department, railways or national highways authority, within the limits of the corporation. in our view, therefore, it is the statutory duty of the corporation to maintain all the ..... public roads are concerned, they are managed and maintained by the state govt. as well as the union govt. through public works department, irrigation department, railways and national highway authority. these roads consist of 70 per cent of the total roads. the remaining 30 per cent belongs to the corporation. it has been .....
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