Court : Orissa
Reported in : [1997(75)FLR220]; (2000)ILLJ977Ori
..... at p 30: '..... it is settled law that the court can lift the veil of the innocuous order to find whether it is the foundation or motive to pass the offending order. if misconduct is the foundation to pass the order then an enquiry into misconduct should be conducted and an action according to law should follow. but if it is motive ..... no way detracts from what this court has laid down in state of u.p. v. ram chandra trivedi, (1977-i-llj- 200) (sc). the court did deprecate there the act of the high court in probing into the departmental correspondence that passed between the superiors of the government servant for the purpose of determining whether the impugned order was passed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori344
..... urged that the notification issued by the secretary of the text book committee, orissa, in 1940, is still in force and that the opposite party has acted illegally in removing the petitioner's publication from the list of approved text-books before the expiry of two years. the action of the director of public ..... cannot be construed to vest in us unrestricted powers to administer supposed equity not based on a justiciable foundation. learned counsel, except merely stressing the wide language of article 226 could not formulate any legal basis or justiciable foundation for the exercise of our jurisdiction under article 226, in the facts of this case. without, therefore ..... then every other tax-payer may do the same, not only in respect of the statute here under review, but also in respect of every other appropriation act and statute whose administration requires the outlay of public money, and whose validity may be questioned. the bare suggestion of such a result, with its attendant .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori197
..... has to be given keeping the entire regulation in view and reading the regulation as a harmonious whole. any other interpretation would frustrate the purpose of the act and that is not permissible and is not to be encouraged.13. in view of our preceding analysis the application filed by the present petitioner against the ..... general words and phrases however wide and comprehensive they may be in their literal sense must usually be construed as being limited to the actual objects of the act.'10. in this regard, we may refer to a passage from 'statutory interpretation' by francis bennion. while dealing with the concept of purposive construction the learned ..... and the reports of parliamentary committees. occasional excursions into the debates of parliament are permitted. internal aids arc the preamble, the scheme and the provisions of the act. having discovered the reason for the statute and so having set the sail to the wind, the interpreter may proceed ahead. no provision in the statute and .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT706
..... policy requires that there should an end to the same litigation. the learned judges also held that section 11 of the code of civil procedure is not the foundation of the principle of res judicata but it is merely a statutory recognition thereof and the section, therefore, is not exhaustive of the general principles of law of ..... the present pil. in paragraph 11 of the said affidavit it has been stated that as the iccl failed to pay its loan its account become npa in march, 1993. the opposite party no. 15 recalled its credit facilities in 1999 and invoked the guarantee of imfa. then pending submission of concrete proposal, iccl started making payments ..... facts of the present case. in the said decision it was pointed out that if an administrative action is taken by the authorities fairly, the court should not act as an appellate authority over the decision taken by the administrative authority. various other questions came up for consideration, namely, how a precedent has to be followed and .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT281
..... representations, they were allowed to draw salary in the existing scale till such time their representations were discussed and finalized.annexure-ll is a letter dated 30th march 1993 addressed to the secretary, s.v.m., angul, in which the dy. general manager (p & a) of nalco had recommended to regularise the services ..... has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 & 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government.the aforesaid decision will no ..... as delineated in the writ petitions, tend to reveal that the national aluminium company ltd. (nalco), which is a company incorporated and registered under the companies act, 1956 and is a government of india enterprise having its registered office at bhubaneswar, is engaged in manufacture and production of alumina and aluminium in its manufacturing .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori25
..... given an opportunity to make a representation and to explain the circumstances appearing against him; and (c) the authority conducting the proceedings must not be biased and should act in good faith. (3) rules of natural justice not being embodied rules, it is open to the authority oncerned to evolve its own procedure for acquainting the ..... with the rights of the examinee. (iv) in making such enquiry the authority might have to ascertain both facts and law. (v) in doing so it must act in good faith. (vi) the authority must fairly listen to both sides. xxx xxx xxx the next question for consideration is whether the enquiring authority has any ..... . p. allahabad v. ghanshyam das gupta) their lordships held that the examination committee, while dealing with the cases of examinees using unfair means in examination hall, acts quasi-judicially and the principles of natural justice apply to the proceedings before it. in that case no notice was at all given to the delinquent-examinee and therefore .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT416
..... committee has a right to give his independent, unbiased and considered opinion in respect of each candidate appearing before the committee. normally, it would not be considered a bona fide act on the part of a member of the selection committee to say after the selection is over and he has signed the proceedings, that he 'overlooked' certain qualifications in respect .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR99; [2001]122STC354(Orissa)
..... enrichment proceeds on the basis that it would be unjust to allow one person to retain a benefit received at the expense of another person. it provides the theoretical foundation for the law governing restitution. the principle has, however, its critics as well as its supporters. in the words of lord diplock : '..........there is no general ..... such refund to the company, will be hit by the doctrine of 'unjust enrichment'. reliance has been placed on a division bench decision of this court reported in [1993] 90 stc 481 (tangudu gopalan & sons v. state of orissa). the petitioner-company is required to satisfy the concerned authorities that the refund as claimed will not ..... the power of the court is not meant to be exercised for unjustly enriching a person. however, a claim of refund, whether made under the provisions of any act, rules or regulation, can succeed only if the petitioner alleges and establishes that he has not passed on the burden of tax to another person/other persons. his .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT545; (2008)15VST497(Orissa)
..... the assessment, challenge to the legality of the notice does not survive consideration because the question whether the notice had any legal foundation could have been decided in appeal against assessment. nevertheless, as the petitioner has requested to adjudicate that aspect, therefore, we ..... ----------------------------------------------------------hsd 261565 228535----------------------------------------------------------sko 356381 310550----------------------------------------------------------but on verification of the assessment record and returns filed under both ost and cst act for the period under question revealed that the transactions under question have not been reflected in the return submitted and also ..... not sustainable in the eye of law. [see suburban industries kalinga private limited v. sales tax officer, bhubaneswar [1993] 90 stc 280 (ori), state of orissa v. ugratara bhojanalaya [1993] 91 stc 76 (ori), indure limited v. commissioner of sales tax [2006] 148 stc 61 (ori) .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori60
..... with the province of orissa on 1-1-48 the orissa government as the delegated authority of the government of india exercising powers under the extra-provincial jurisdiction act 1947 made an order known as the administration of orissa states order, 1948, for the governance of the former sovereign states of orissa including dhenkanal. the ..... getting a handsome income. he also held that the decision of the government of india refusing to recognise the cash allowance granted to the appellant was an act of state which was not justiciable in: municipal courts. hence he dismissed the suit of the appellant.4. before taking up the constitutional questions involved in this ..... refuse to recognise the grant of monthly cash allowance made by the previous ruler and that their refusal to recognise the grant of cash allowance was an act of state which was not justiciable in the municipal courts. the learned subordinate judge practically accepted the contention of the government and held that the khanja grant .....
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