Court : Orissa
Decided on : Aug-22-1994
Reported in : AIR1995Ori4
..... it. this part of clause 3 of para 7.06 means only this and no more. ........'in state of punjab v. gurdarshan singh grewal, air 1993 sc 2482: (1993 air scw 2216), a question had arisen whether a practising advocate who was appointed as part-time administrator general and official trustee-cum-treasurer, charitable endowments ..... employees' state insurance scheme holds an 'office of profit' under the state government so as to attract disqualification under section 16(1)(g) of the maharashtra municipalities act, 1965. the supreme court after referring to its earlier decisions in sakhawat ali, air 1955 sc 166), in gurugobinda(air 1964 sc 254), in.mahadeo's case ..... disqualification of a candidate not being raised prior to the election, either because the disqualification was not noticed or for some other reason. but the district judge acting under section 30 cannot held that the councillor was not validly elected. what he is authorised to determine is whether or not the councillor is disqualified, .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1994
Reported in : AIR1995Ori162; 1995(I)OLR176
..... government for admission to the post-graduate courses in government colleges for admission of the non-collegiate (private) candidates to the examination, the post-graduate examinations of 1993 were fast approaching. the requisite notification inviting the application from the non-collegiate (private) candidates had to be issued sufficiently ahead of the examination to enable the ..... raised in these cases relates to admission of non-collegiate (private) candidates to the post-graduate examinations conducted by the utkal university ('the university' for short) in 1993. the petitioners had intended to appear in the said examinations as non-collegiate (private) candidates. when the notification dated 17-10-92 (annexure l)was issued by ..... 1/a) in o.j.c. 2475 of 1993). that the vice-chancellor passed the order in exercise of the power vested in him under section 6(15) of the act. therein, it is also stated that the syndicate had taken a decision in that regard in the meeting held on 9-4-1992. the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : AIR1994Ori258; 1995(I)OLR544
..... this fact will be discussed later while details of the impugned act are discussed and analysed.shortly after coming into force of the impugned act, demands having been raised on the mahanadi coalfields, the said company filed o.j.c. no. 2105 of 1993. mahanadi coalfields in its turn having demanded the additional burden ..... from the consumers and traders, they also filed independent writ applications and all these writ applications were heard together.3. mr. parasaran appearing for mahanadi coalfields raises the following contentions in assailing the validity of the act in question:--(i) though the act ..... mr. parasaran appearing for the petitioners in mahanadi coalfields case (ojc no. 2015/93) is that under the coal-bearing areas (acquisition and development) act, 1957 (central act 20 of 1957), the so-called vesting under section 11 is different from 'vesting of land or rights in the central government' under section 10 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-03-1994
Reported in : AIR1994Ori77; 1994(I)OLR464
..... salutary requirements are unfortunately not kept in view while assessments are made. the doctor is required to make assessment of loss of earning capacity, which is the foundation for working out entitlements of the claimant. even otherwise, disability of certain percentage is not same as percentage of loss of earning capacity. there is a ..... . large number of such cases have come before us. this is an additional feature which reinforces our conclusion about irresponsible manner in which the commissioner has acted, and passed the award. 15. another interesting feature is that the accident allegedly took place on 5-5-1990 at about mid-night. the claimants ..... effected intending to pass the property therein forthwith vis-a-vis the vehicle, the registered owner ceases to have any proprietary interest. but, under the motor act till there is an endorsement on the registration certificate, ostensibly the transferor continues to be the owner. 5. as indicated supra section 50 provides for recording .....
Tag this Judgment!Court : Orissa
Decided on : Jul-21-1994
Reported in : 1995CriLJ174; 1994(II)OLR430
..... as to bring it within the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113b of the act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption ..... was for or in connection with any demand for dowry.(4) such cruelty or harassment was soon before her death.6. a conjoint reading of section 113b of the act and section 304b, ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has to ..... shall be deemed to have caused her death.explanation-for the purpose of this sub-section 'dowry' shall have same meaning as in section 2 of the dowry prohibition act, 1961,(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seve years but which may extend to imprisonment .....
Tag this Judgment!Court : Orissa
Decided on : May-04-1994
Reported in : 1995CriLJ82; 1994(II)OLR70
..... made to the case of laxmikanta mohapatra v. state of orissa, reported in (1994) 7 ocr 108, where this court following the decision of the apex court reported in (1993) 6 ocr (sc) 457, vasala v. state, held that it could not be said that the article seized was kept in proper custody to that the court could be ..... matter as to whether the particular officer had the statutory authority being either generally or specially empowered by the state government as prescribed under sacs 41 and 42 of the act to conduct such search, seizure etc. was not for decision. therefore, the majority view expressed by brother justice pasayat, j. in para 5 of the judgment touching ..... or this would amount to a mere irregularity not affecting the merit of the case.in my view absence of statutory sanction authorising such search etc. would render the act of the officer illegal and would vitiate the proceeding, question of mere irregularity not affecting the merit in a given case would arise where the officer having the .....
Tag this Judgment!Court : Orissa
Decided on : May-18-1994
Reported in : AIR1995Ori146; 78(1994)CLT318
..... trust floated a tender for construction and delivery of one 18-ton bollard pull tractor tug fitted with schettel propulsion system by publishing a notice dated 6-5-1993 in newspapers. tenders were invited from experience and reputed ship-builders having built and delivered tractor tugs of 15-ton bollard pull. the last date for submission ..... an opportunity. it is, therefore, nut possible to accept the contention that by relaxation of the condition in favour of m/s. shalimar works the port trust acted arbitrarily or in a discriminatory manner.-moreover, as pointed out above, the petitioner had not raised any objection as regards the technical eligibility of m/s. shalimar ..... rigorously held to the standards by which it professes its actions to be judged and it must scrupulously observe these standards on pain of invalidation of an act in violation of them..........it is indeed unthinkable that in ademocracy governed by the rule of law the executive government or any of its officers should possess .....
Tag this Judgment!Court : Orissa
Decided on : Sep-01-1994
Reported in : (1995)IILLJ266Ori
..... forth their legal training and experience to the aid and benefit of their clients. but labour law operates in a field where there are two unequal contestants. the act, therefore, takes care of the challenge of the situation in which the weaker parties are pitted against stronger before adjudicatory authorities. that appears to be one of ..... filed, a petition slating that he wanted to engage a counsel to represent him, and sought for necessary permission under section 36 of the act. the date was fixed to november 26, 1991 for filing written statement by the management. the workman was represented through counsel on that day, while management sought ..... of power conferred under sub-section (5) of section 12 read with clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947 (in short, the 'act'). on receipt of the reference on september 4,1991 labour court fixed october 22, 1991 for filing of statement of claims by the workman. such statement was .....
Tag this Judgment!Court : Orissa
Decided on : Apr-29-1994
Reported in : 78(1994)CLT453; 1994(II)OLR56
..... consideration of her representation dated 5-5-1992 wherein prayer for absorption in the service of the university was made. this was followed by another reminder on 17-6-1993. the representation remained pending and in the mean- time on 18-6-1393, an office order was issued intimating the regional director not to engage any part- ..... bench has held ;'xx xx xxthat the opposite parties having allowed the petitioner to continue for more than five years as a tracer on daily wags basis have acted with discrimination by requiring her to appear at a test along with other fresh candidates who had been sponsered from the employment exchange and adjudicated their relative merit ..... the opp. parties has also drawn our attention to section 24 of the indira gandhi national open university act, 1985 (no. 50 of 1963) and statute 10 of the statutes of the university contained in the second schedule of act 50 of 1985. however, statute 18 provides that all employees of the university, other than the teachers .....
Tag this Judgment!Court : Orissa
Decided on : Aug-03-1994
Reported in : 1994(II)OLR410
..... of the vehicles are pressurised to pay sales tax. the additional commercial tax officer, intelligence, cuttack intelligence range, in his reply affidavit filed in ojc no. 1643 of 1993 has stated as under ;'7. that on verification of the way-bill it was found that the purchase price of the betel-nuts has been grossly under- valued. ..... to levy advance sales tax. it was further submitted that in all these cases no sales had taken place within the state and, therefore, no tax under the act had become payable. therefore the action of the officers-in-charge of the check-posts of collecting sales tax in advance, wrongly describing them as voluntary payments, should ..... consignments which are the subject-matter of these petitions. the petitioners have also challenged the validity of sub secs. (9) and (10) of section 12 of the act. but at the time of hearing of the petitions, learned advocates appearing for the petitioners stated that they are not pressing the same and the petitioners will challenge the .....
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