Court : Orissa
Decided on : Jul-03-2006
Reported in : 102(2006)CLT497
..... state government, the university or the a.i.c.t.e learned counsel has referred to the judgment of the apex court in t.m.a. pai foundation v. state of karnataka : air2003sc355 to contend that a private institution imparting professional education without any government aid has the right to constitute its own governing body ..... government is not prohibited from framing statutory rules for constitution of the managing committee and governing body of technical institutions as has been done in the orissa education act and the rules framed thereunder. alternatively, it has been contended that even assuming that the last governing body of the college was constituted on 11.5.2000 ..... of technology v. state of orissa 1993 (ii) olr 435 and orissa engineering college v. state of orissa 2002 (ii) olr 78 in support of his contention that the provisions contained in the orissa education act shall be applicable to the technical colleges since the aicte act as well as the orissa act as amended, can co-exist .....
Tag this Judgment!Court : Orissa
Decided on : Feb-07-2006
Reported in : 101(2006)CLT417
..... the university by order dated 11.10.2002 had banned new registration for ph.d. purportedly in exercise of powers conferred under section 5 of the orissa universities act, and therefore, applications received by 11.10.2002 have to be considered and processed under the old regulations and the candidates are to be governed under such ..... academic council. under clause (d) of the said statute, the academic council is to frame regulations in the matters specified in section 12(2)(e) of the act.12. in the case at hand, the academic council of the university in correction slip no. 1169 replaced the existing regulation in chapter lxiv governing doctor of philosophy, ..... regulation in correction slip no. 1169 had come into force since 3.6.2003 ?(b) whether the hon'ble chancellor was vested with the power under the universities act to issue direction to the university to accept or register any application after 11.10.2002?6. the regulation for doctor of philosophy in arts, science, education, agriculture .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-2006
Reported in : 2006(II)OLR423
..... court and after hearing him.xxx xxx xxx xxx(iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the concerned creditor is to approach the company court for appropriate directions regarding the realization of its securities consistent with the ..... 763 of the report have summarized the principle. the relevant portions whereof are set out below:18 (i) a debt recovery tribunal acting under the recovery of debts due to banks and financial institutions act, 1993 would be entitled to order the sale and to sell the properties of the debtor, even if a company-in-liquidation, through ..... from the non-viable sick industrial companies through liquidation of those companies (see the statement of objects and reasons of sica). rdbi act, a later law in point of time, was enacted in 1993 for the purpose of setting up special tribunals with special powers of adjudication and speedy recovery of debts due to the banks .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-2006
Reported in : 2006(I)OLR463
..... case. an order involving civil consequences must be made in consistent with the rules of natural justice.he has further submitted that the tribunal should not have acted as an appellate authority as it has reassessed the merit of the applicants only. tribunal cannot sit in appeal and direct promotion by interfering and reversing the ..... compelling reasons to resort to such further proceedings. in the instant case, we feel the respondent has taken more than necessary interest, which is uncalled for. this act of the state has only resulted in waste of time and money of all concerned.further in the case of union of india v. m.l. kapoor ..... d) special secretary to government. .... membergeneral administration dept. secretary(3) notwithstanding sub-rule (2) the recommendation of the selection board shall be valid and can be acted upon notwithstanding the absence of any one of its members other than the chairman, provided that the member so absenting was duly invited to attend the meeting and the .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2006
Reported in : 102(2006)CLT236; 2006(II)OLR184
..... rendered by that court on these aspects. the prima facie infirmities attached to the letter said to create the tenancy cannot also be ignored, since that transaction is the foundation of the plaintiff's claim of possession.50. in the case of j.d. jain v. the management of state bank of india and anr. reported in : ..... in : (1962)iillj360sc the hon'ble apex court has been held that when it appears to an appellate court that no person properly instructed in law and acting judicially could have reached the particular decision the court may proceed on the assumption that misconception of law has been responsible for the wrong decision. the decision of the ..... grant the lease on behalf of her minor daughter and its legal effect; and (ii) the maintainability of the application of the appellant under section 39 of the act. therefore, we cannot accept the contention of mr. sanghi that any error has been committed by the high court -in considering these aspects in proceedings under article 227 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-17-2006
Reported in : (2006)IIILLJ836Ori
..... the petitioner were supplied and petitioner submitted his explanation denying all the allegations vide his explanation under annexure-8.3. for better appreciation of the factual foundation of the allegation leading to the charges the details of the charges are extracted hereunder:charge no. 1. you were transferred from phone branch to the ..... for early disposal of the inquiry. the inquiry commenced and the petitioner nominated one sri pramod kumar sahu, officer, computer centre, zonal office, bombay to act as defence representative and the management approved the same. the enquiry officer fixed the date of the inquiry to january 28, 1994 and the petitioner attended ..... the pendency of the inquiry to the charges, the petitioner again represented on december 13, 1993 for supply of additional documents and o. p. no. 4 replied to the said representation vide his letter dated december 13, 1993 that in the inquiry all the relevant documents shall be presented by the management representative, copies .....
Tag this Judgment!Court : Orissa
Decided on : Mar-10-2006
Reported in : AIR2006Ori105; II(2006)DMC316; 2006(I)OLR524
..... it may, in the present case, the petitioner had failed to prove the execution of the document and had not laid the foundation for receiving secondary evidence, possibly because the petitioner was not represented through a lawyer in view of the provisions contained in section 13 of the ..... lawyer/advocate appearing for individual party. the family courts are established to settle family disputes expeditiously without there being strict rigour or procedural law and evidence act keeping an eye on conciliatory approach to achieve socially desirable result. it is, therefore, legislatures have thought it proper to restrict appearance of lawyers/advocates in ..... 105, leela mahadeo joshi v. dr. mahdevo sitaram joshi.8. as is evident from the decisions referred to above the courts while interpreting section 13 of the act and the relevant rules of the respective states, observed that in matrimonial proceedings, issues such as, custody of children, visiting rights, maintenance, alimony, apportionment of .....
Tag this Judgment!Court : Orissa
Decided on : Jun-29-2006
Reported in : AIR2006Ori163
..... dated 26-11-1998 of the government of orissa, commerce and transport department bearing no. lc-1-16/ 98-16000/t bringing amendment to orissa motor vehicles rules, 1993 which was called as 'orissa motor vehicles (third amendment) rules, 1998. the facts in o.j.c. no. 17368 of 1998 is taken as typical of the ..... being heard was afforded to it before the final publication of the impugned notification, whereby there was violation of the principle of natural justice. moreover, the motor vehicles act authorizes the state government only to frame rules relating to the fees to be paid in respect of application for permit, duplicate permit and plates. so, the ..... bearing no. 16000, dated 25-11-1998 revising both application and permit fees. since there is no provision for personal hearing of the objections in the motor vehicles act, they were not heard before revising the application and permit fees. according to opposite party no. 1, except the temporary permit fees enhanced in the year 1989, .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-2006
Reported in : 102(2006)CLT746
..... as a nullity . some of the decisions are being discussed below.22. in the case of asha kaul (mrs.) and anr. v. state jammu and kashmir : (1993)2scc573 , the apex court has held that the government cannot pick and choose the candidates out of the list recommended by the commission. but it has been held that the ..... the contingency of a particular provision not being complied with or followed and (ii) serious general inconvenience 'and prejudice that would result to the general public if the act of the government or an instrumentality is declared invalid for non-compliance with the particular .provision. the observations made at page 305 to 307 of the 7th edition ..... formulated their views contrary to the recommendation made by the d.p.c. when the matter was considered by the state government, it was found that the commission acted contrary to what has been done by the countersigning officer and accepting officer in the c.c.rs of the officers for the relevant years. the ultimate decision making .....
Tag this Judgment!Court : Orissa
Decided on : Jan-27-2006
Reported in : 101(2006)CLT281; 2006(I)OLR240
..... corporation, bhubaneswar (o.p. no.1) on 4.2.1986 and in course of time he was promoted to the post of accounts officer, class-ll on 27.4.1993 and was again promoted to the post of accounts officer, class-i with effect from 3.7.1998 and he also held the post of financial advisor and chief accounts ..... .in the decision of balaram gupta v. union of india, : (1987)iillj541sc , the principle laid down in gopal ch. mishra (supra) was summarized as follows;-a complete and effective act of resigning office is one which severes the link of resignor with his office and terminates its tenure.in balaram gupta's case the appellant employee offered to voluntary retire ..... absence of any prohibition for withdrawal of the application before its acceptance the petitioner had every right to withdraw the same in the spirit of section 5 of the contract act. the petitioner has cited clause 6.2. of the scheme which envisages that the vacancies caused by the vrs shall stand abolished. but in the instant case, the .....
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