Court : Orissa
Decided on : Jan-30-1996
Reported in : 81(1996)CLT297; 1996(I)OLR195
..... involved in producing 'cotton' from 'waste cotton' and (ii) whether the provision of the industrial policy resolution are consistent with the provisions of the orissa sales tax act? 4. since the provisions of the ipr have been quoted in the previous judgment of this court as well as of the supreme court it is not necessary to ..... ipr or are they different and if different, what is the effect of such difference. it is, therefore, necessary to ascertain the relevant provisions in the sales tax act, rules and notifications, if any, issued thereunder before expressing a final opinion in the matter. there is yet another important aspect upon which there is a woeful lack ..... of re-assessment under section 12 (8) of the orissa sales tax act (hereinafter referred to as the 'act') for the assessment year 1989-90 and the notices issued under section 12 (8) of the act have been challenged in ojc nos. 6, 162, 181 and 182 of 1993. earlier, all these cases were heard together and by judgment dated 29 .....
Tag this Judgment!Court : Orissa
Decided on : Sep-26-1996
Reported in : 1997CriLJ1816; 1996(II)OLR576
..... of these facts by itself is not decisive.12. dying declaration if found acceptable alone can form the foundation for a conviction. at this juncture, it is relevant to take note of section 32 of the indian evidence act, 1872 (in short, 'evidence act') which deals with cases in which statement of relevant fact by person who is dead or cannot be ..... it basis of conviction, even if there is no corroboration. (see gangotri singh v. state of u.p.: jt 1992 (2) sc 417 ; goverdhan raoji v. state of maharashtra : jt 1993 (5) sc 87 ; mesala ramkrushana v. state of m.p.: jt 1994 (3) sc 232 : and state of rajasthan v. kishore : jt 1996 (2) sc 595).15. ext. 7 ..... was in a fit state to make the declaration (see ram chandra reddy v. public prosecutor : air 1976 sc 1994).(iv) where dying declaration is suspicious it should not be acted upon without corroborative evidence. (see rasheed bag. v. state of madhya pradesh : 1994 (4) scc 254). (v) where the deceased was unconscious and could never make any dying .....
Tag this Judgment!Court : Orissa
Decided on : May-10-1996
Reported in : 1997ACJ1417; [1997(75)FLR310]; (1996)IILLJ880Ori; 1996(I)OLR629
..... cuttack. the moot question that arises for consideration is whether the renewed licence would become invalid because of a fake licence which had been the basis or the foundation for such renewal. the whole attempt of the insurer is, as it appears from the application under order 41, rule 27, cpc, that it has been ..... of and in course of their employment before the assistant labour commissioner, bhubaneswar forming the subject-matter of w.c. case nos.70, 71, and 72 of 1993. the employer appearing before the commissioner admitted the employment, accidental injuries and wage of the claimants and pleaded that the vehicle having been validly insured with the ..... the insurance company resisted the claim of the claimants and the denials were of general in nature. taking into consideration the materials on record the commissioner under the act awarded compensation of rs. 40,000.00, 34,409.00 and 41,325.80 paise respectively. against the aforesaid awards three misc. appeals were preferred forming the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-27-1996
Reported in : 1997(I)OLR116
..... with prayer to implead the heirs of deceased kishore and for restoration of misc. case no. 3 of 1992, which as indicated above, was dismissed on 24-6-1993. by the impugned order, learned judge, family court held that no case for restoration was made out, but directed parents-in-law (appellants in civil appeal no. ..... of the relationship which existed between the wife and the husband. such resolution which affected the status of parties will be relevant under section 41 of the evidence act even in the proceedings when such questions arose for consideration. therefore, when such serious questions are involved and when such matters affected the status of the parties, ..... to get such a decree set aside on legally permissible grounds. consequently, it may be held that once the petition under section 13 of the hindu marriage act results into any decree of divorce either ex parte or bipartite then the concerned aggrieved spouse who suffers from such pernicious legal effects can legitimately try to get .....
Tag this Judgment!Court : Orissa
Decided on : Sep-25-1996
Reported in : 1996(II)OLR519
..... to accept the same. as the apex court in t. m. a. pel foundation v. state of karnataka : air 1995 sc 1938 has observed, 'it is equally necessary to erase an impression which appears to be gaining ground that the 'mantra' of unconditional ..... officers in not holding the counselling on scheduled date is 'unpardonable' and assured that counselling would be held on 1-7-1996. accordingly the counselling was held on 1-7-1993.2. the d. m. e. t. and the gonvernor filed their respective show cause reply on 2-7-1996. on 3-7-1996, learned counsel for the petitioners ..... his rights and contentions. we are convinced that the d. m. e. t. was determined to thwart the court's order deliberately and with some motive. by his act and conduct he was clearly attempting to interfere with the administration of justice which cannot be lightly viewed. no doubt, he has offered unconditional apology. we are not persuaded .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-1996
Reported in : 1998(II)OLR214
..... interest, namely, purity of election for ensuring free and fair election. the principle of secrecy of ballot cannot stand aloof or in isolation and in confrontation to the foundation of free and fair elections, viz., purity of election. they can co-exist but as stated earlier, where one is used to destroy the other, the first ..... the supreme court. it is unnecessary to refer to the various decisions, as most of the decisions have been collated in the decision of this court reported in air 1993 orissa 233, (smt. nakka bhikhyamana v. sri aurovindo dhali and ors., ). it is now well-settled that ordinarily a court does not direct for inspection of ..... to election petitions where there is no allegation of any corrupt practice.the aforesaid rival contentions of the parties require careful consideration.8. section 81(3) of the act reads as follows :'81. presentation of petitions.xx xx xx (3) every election petition shall be accompanied by as many copies thereof as there are respondents mentioned .....
Tag this Judgment!Court : Orissa
Decided on : Dec-19-1996
Reported in : AIR1997Ori194; 1997(I)OLR182
..... was not conducted as per the rules of the council. in exercise of the powers vested in the examination committee by the orissa higher secondary education act, 1982 (in short, 'the act') and the regulations framed thereunder, resolution was passed on 16-6-1996 for cancellation of the examination. it was further resolved that the benefit of ..... invigilators. he produced before us the records containing the report of the flying squad and the materials annexed thereto.6. according to section 21 of the act, the council shall constitute different committees, and one such committee constituted is the examination committee. regulations are framed under section 30 of the ..... act which inter alia deal with the powers and duties of the committees specified in section 21. regulation 77 of the orissa higher secondary education regulations, 1982 (in .....
Tag this Judgment!Court : Orissa
Decided on : Jul-18-1996
Reported in : 82(1996)CLT309; 1996(II)OLR173
..... are the staff of the aforesaid institution being aggrieved by such denial and discrimination preferred three different writ petitions, namely, ojc nos. 3271, 2123 and 2148 of 1993. expressing doubt with regard to the jurisdiction of this court the matters were not entertained but later on the petitioners fifed civil review petition nos. 25,26 and ..... was framed by the govt. to render assistance to the staff of defunct private institutions who had lost service due to introduction of section 7-e of the act. the intent, purpose and spirit of the rehabilitation scheme to have been defeated so far as this institution is concerned on purely technical ground. 7. on ..... basket overnight.'3. while the fate of the institution stood thus there was promulgation of an ordinance by which section 7-e was inserted to the orissa education act, 1969 by orissa education (amendment) ordinance, 1989 by which a ban was imposed on establishment of private training institutions on or after 14th august, 1989 and .....
Tag this Judgment!Court : Orissa
Decided on : Jul-25-1996
Reported in : 82(1996)CLT380; (1997)IIILLJ1084Ori; 1996(II)OLR384
..... mind at the governmental level keeping in view the law governing the field. much is expected from a welfare state. modes are provided under the industrial disputes act for adjudication of disputes. if a dispute is not frivolous or belated or vexatious, the workmen are entitled under law 10 have their grievance adjudicated. the ..... the employer and the employees. it can be stated with absolute certitude that the state government while exercising its jurisdiction under section 12(5) of the act can take into consideration prima facie merit of the dispute but cannot shut doors for adjudication if the situation so demands, the law so permits, the ..... but cannot deeply involve itself in the adjudicatory process as that would amount to usurping of jurisdiction of the competent tribunal as contemplated under the industrial disputes act. that apart, submits the learned counsel for the petitioner, the concept of industrial dispute has not been properly appreciated by the state government and thereby the .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1996
Reported in : 1997ACJ1024; 1996(II)OLR298
..... for an authoritative pronouncement by a larger bench for which we are in seisin of this miscellaneous appeal preferred under section 173 (1) of motor vehicles act, 1939 (in short 'the act').2. to appreciate the legal position a brief reference to the factual matrix is necessary. appellant bhagaban mallik filed misc. case no. 63787 before the ..... the tribunal would dismiss the claim petition because of non-prosecution.4. to appreciate the whole scenario it is appropriate to refer to section 168 of the motor vehicles act, 1988 which reads as under :'168. award of the claims tribunal--(1) on receipt of an application for compensation made under section 166, the claims tribunal shall ..... is absent. same also is applicable for the opposite parties if the award has been passed ex parte. to read otherwise would make the scheme of the act and the provisions under the rules nugatory and would defeat the stipulations made therein. we may further observe that the beneficial aspect of order 9 has been made .....
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