Court : Orissa
Decided on : Dec-17-2010
..... with the facts of the present case. the high court's view for accepting the prayer in terms of section 311 of the code does not have any legal foundation. in the facts of the case, the high court ought not to have accepted the prayer made by the accused persons in terms of section 311 of the code ..... witnesses', as bentham said: are the eyes and ears of justice, hence, the importance and primacy of the quality of trial process. if the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets putrefied and paralysed, and it no longer can constitute a fair trial. the incapacitation may be due to several factors like ..... came to hold as follows:"the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered to have .....
Tag this Judgment!Court : Orissa
Decided on : Nov-16-2010
..... therefore, the company is presently having three directors on its board and less than seven members as required for a public limited company under section 12 (b) of the act. as the foundation has not produced the altered memorandum and articles of association of the company, and the same are not available in the office of the registrar of companies at mumbai ..... in the case of s.p. gupta v. union of india & anr., air 1982 sc 149; and decisions of the supreme court in janata dal v. h.s. chowdhary, air 1993 sc 892; indian council for enviro-legal action v. union of india & ors., (1996) 5 scc 281; and state of uttaranchal v. balwant singh choufal, (2010) 3 scc 402 ..... individuals. in such cases, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission. in the case of janata dal v. h.s. chowdhary, reported in air 1993 sc 892, the supreme court taking note of the observations made in the case of s.p. gupta (supra) and number .....
Tag this Judgment!Court : Orissa
Decided on : Nov-16-2010
..... therefore, the company is presently having three directors on its board and less than seven members as required for a public limited company under section 12 (b) of the act. as the foundation has not produced the altered memorandum and articles of association of the company, and the same are not available in the office of the registrar of companies at mumbai ..... in the case of s.p. gupta v. union of india & anr., air 1982 sc 149; and decisions of the supreme court in janata dal v. h.s. chowdhary, air 1993 sc 892; indian council for enviro-legal action v. union of india & ors., (1996) 5 scc 281; and state of uttaranchal v. balwant singh choufal, (2010) 3 scc 402 ..... individuals. in such cases, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission. in the case of janata dal v. h.s. chowdhary, reported in air 1993 sc 892, the supreme court taking note of the observations made in the case of s.p. gupta (supra) and number .....
Tag this Judgment!Court : Orissa
Decided on : Nov-04-2010
..... pursuance of the conspiracy. in the cases of fakhruddin v. the state of madhya pradesh; air 1976 s.c. 1326 and girija shankar misra v. state of u.p.; air 1993 s.c. 2618, it has been held by the apex court that the offence of conspiracy cannot survive the acquittal of alleged co-conspirators. if the alleged real murderers, namely ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.14. in the instant case, the prosecution attributed motive to the appellants for causing the death of the deceased. while appellant mirza aslam .....
Tag this Judgment!Court : Orissa
Decided on : Oct-26-2010
..... there ought to be an end to the same litigation. it is well settled that section 11 of the civil procedure code, 1908 (hereinafter "cpc") is not the foundation of the principle of res judicata, but merely statutory recognition thereof and hence, the section is not to be considered exhaustive of the general principle of law ..... held as follows:"further when once no objection was raised within the statutory period, the subsequent belated correspondence by any officer of respondent may not act as an estoppel against them because such officer is not entitled to forego the statutory period prescribed for receiving objections or to extend it or even ..... (bhubaneswar) command area and bidanasi (cuttack) command area. the scheme was publicized and gazetted in terms of section 29 of the electricity (supply) act, 1948 (for short, 'the act, 1948') inviting objections from any person interested regarding execution of the scheme within two months from the date of publication. the scheme was duly concurred .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-2010
..... petitioner has challenged the findings in the award dated 30.11.1994 passed by the learned presiding officer, labour court, sambalpur in industrial dispute case no. 41 of 1993 under annexure-2 to the writ petition by which the learned presiding officer directed payment of compensation of a consolidated amount of rs. 50,000/- to the petitioner ..... "ordinarily" indicates that this is not a cast-iron rule. it is flexible enough to take in those cases where the applicant has been prejudicially affected by an act or omission of an authority, even though he has no proprietary or even a fiduciary interest in the subject matter. that apart, in exceptional cases even a stranger ..... management, the petitioner lodged a complaint before the labour forum. conciliation having failed and a failure report having been submitted under section 12(4) of the i.d. act, 1947 to the state government, but no reference being made, the petitioner again approached this court in ojc no. 827 of 1987. by order dated 6.11.1922 .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-2010
..... time to the state legislature to comply with the same to bring about the amendment to the said provision in the act. the judgment in kishore chandra patel's case was delivered on 22.7.1993.28. thereafter in compliance with the direction made by the high court, the state government promulgated. the orissa special courts ..... not in- consistent with the statutory rights conferred either under the criminal procedure code, criminal law amendment act and civil procedure code. pursuant to the direction issued at paragraph 118 in kishore chandra patel's case, the state government issued the ordinance of 1993. the same was placed before this court as directed in the judgment. the same was ..... by this court in its order dated 16.8.1993 and after noting the submissions of the petitioners' counsel therein at paragraph 5, the division bench of this court which decided kishore chandra patel's case made observation as hereunder: "the result is that the act as amended by the aforesaid ordinance does not suffer .....
Tag this Judgment!Court : Orissa
Decided on : Sep-15-2010
..... with a constitutional obligation under part iii and part iv of the constitution. therefore, the statutory enactments like the municipal act, municipal corporation act, gram panchayat act and the development authorities act are enacted by the state legislature in exercise of their legislative power under article 246 of the constitution in order to discharge ..... for us to advert to article 243 w which was inserted to part ixa of the constitution by 74th constitution amendment act, 1992 which came into force with effect from 1.6.1993. that provision has to be read along with the entries 10 and 11 of the 12th schedule which reads thus:" ..... special responsibility to such corporations to address the burgeoning, complex and myriad of issues of urban life, separate corporation law, namely, the orissa municipal corporation act, 2003 was enacted comprising various chapters including chapter 21 under caption "slum or, informal settlement". it is reported by the cuttack municipal corporation that total .....
Tag this Judgment!Court : Orissa
Decided on : Aug-13-2010
..... . no.34/2009-in exercise of the powers conferred by clause (m) of sub-section (8) of section 20 of the orissa value added tax act, 2004 (orissa act 4 of 2005), the state government, having been satisfied that it is necessary so to do, hereby specify that no input tax credit shall be allowed ..... when purchased for resale3. kerosene except when purchased for resale4. all automobiles including commercial vehicle/two wheelers/three wheelers required to be registered under the motor vehicles act 1988 and including tyres and tubes, spare parts and accessories for the repair and maintenance thereof; except when purchased for resale.5. air conditioning units other ..... counsel further submitted that in the present case the impugned notification is clearly an attempt by the executive to overreach the legislative mandate contained in the ovat act which specifically permits a registered dealer under section 20(3) to claim for input tax credit in terms thereof.7.1 learned counsel further submitted that the .....
Tag this Judgment!Court : Orissa
Decided on : Jul-28-2010
..... rath, learned counsel for the petitioners placed reliance on the judgment of the hon'ble suprement court in the case of r.n.gosain v. yashpal dhir, air 1993 sc 352 as well as the judgment of the apex court in the case of jail narain parasrampuria (dead) and others v. pushpa devi saraf and others, ( ..... basis of merit and it is expected that these employees in the new cadre will serve the distribution business including the collection of revenue. this cadre will act as a comprehensive service instead of current departmentalization and specialization. in this regard, the new cadre employees shall be given appropriate and necessary training to achieve such ..... well as private opposite parties were serving together as "engineers", in the earstwhile orissa state electricity board (o.s.e.b.). with the enactment of electricity reforms act, 1995 and on creation of the grid corporation of orissa limited (in short "gridco"), the services of the petitioners as well as the private opposite parties were .....
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