Court : Orissa
Reported in : 2000CriLJ785
..... the rules made thereunder :provided that a person may, without himself holding a licence, carry, any fire-arm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.(2) notwithstanding anything contained in sub-section (1 ..... arms, of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provision of this act and the rules made thereunder :(2) notwithstanding anything contained in sub-section (1), a person may without holdinga licence in this behalf, sell or transfer any arms ..... of sanction for any other offence, other than the offence under section 3 which is punishable under certain penal provisions as provided in chapter v of the arms act. therefore, merit of the contention of the petitioner has to be considered from the language used in the charge while framing charge against them by the trial court .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... public body invested with a statutory power must take care not to exceed or abuse its powers. it must keep within the limits of the authority committed to it; it must act in good faith and must act reasonably; the last proposition is involved in the second, if not in the first. it is, of course, upon the petitioner to make out ..... such as those conferred upon the corporation must take care not to exceed or abuse its powers. it must keep within the limits of the authority committed to it. it must act in good faith. and it must act reasonably. the last proposition is involved in the second, if not in the first.' later on at p. 433 his lordship refers to ..... as in this case, there is no independent proceeding by way of an appeal to the authority who has to decide the matter, i do not think there is anything contrary to the principles of natural justice in holding that the procedure actually adopted under section 14 of the act is sufficient for the purpose for all the stages contemplated by the .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT729
..... of all co-operative societies. women in the board room rather than the dingy kitchen are held to be the catalysts for women potential of social and economic development for which co-operative society, in all their forms and categories, are universally instrumental. it is, therefore, immediately necessary to provide for adequate reservation of seats ..... capable of admitting new members for the purpose of reservation of seats, and the vested committees, who are not elected bodies, are bereft of any power and authority to admit new members. the power of amendment of bye-laws is also vested with the elected committees of management and the general bodies of members, as ..... not violate the provisions of the act or the constitution. since the amendments brought about in 1996 have already been held to be intra vires, it is not open to the petitioners to question the authority of the state legislature in introducing the present amendments.20. all the grounds urged by the petitioners being devoid of .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR21
..... annexure-2 to the writ petitions in form - 'o' intimating the petitioner that the vehicles being involved in offence committed under the state act will be confiscated by the said competent authority-cum-deputy director of mines and in the event the petitioner in both the writ petitions wanted to be heard in the matter in person, ..... the provisions of section 16 of the state act with respect to the alleged offences committed under the said act and confiscation of the seized vehicles and goods in case of minerals which are covered under the mines and minerals (development and regulation) act, 1957 (for short 'the m.m. (d. & r.) act, 1957) after its amendment with effect ..... from 18.12.1999, arose for consideration. a bench of this court on analysing the relevant provisions of both the state act and the m.m. (d & r) act, 1957 and on examining the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori5
..... infinite number of rituals and ceremonies. in a word, it supplies the spiritual requirements of different phases of hindus in different stages of their intellectual development. under its broad all-respective roof doctrines the most divergent find a resting place. there you see the learned pandit of the sankaracharya monastry seeking ..... in connection with these religious observances would be a matter of administration of property belonging to a religious denomination and can be controlled by, secular authorities in accordance with any law laid down by a competent legislature, for it could not be the injunction of any religion to destroy the institution ..... customs and usages and the unique and traditional nitis and rituals contained in the record of rights prepared under the puri sri jaggannath temple (administration) act, 1952, in the manner hereinafter appearing etc.'. the legislature thought that the temple being an institution of unique national importance to which millions of hindu .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori52
..... to carry on an investigation without the supervision of the court'. later on it is stated as follows : 'the advocate general has contended that the police authorities acted very fairly in putting up a charge-sheet against the applicant and intending to have his case tried by the ordinary tribunals of the land although they had ..... be held to be lacking in bona fides on the facts of an individual case. 13. it is true that the satisfaction of the detaining authority under section 3, preventive detention act, which has been held to be 'reasonable satisfaction' is not liable to be controlled by the courts. the issue of reasonable satisfaction is not ..... court had acquitted and discharged him, to continue to detain him under the provisions of the security act. in our opinion, the alternatives open to the police authorities are very clear. when an offence has been committed, the police authorities may investigate it, in which case they must comply with the provisions of the law with regard .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT240
..... division bench in duryodhan samal's case derived the idea from para 5 of the new india insurance company's case and other cases referred to therein developed the said idea and pronounced its views.21. mr. mohapatra is correct that if there is a direct pronouncement of the supreme court any contrary or ..... down by the previous decision. a decision often takes its colour from the questions involved in the case in which it is rendered. the scope and authority of aprecedent should never be expanded unnecessarily beyond the needs of a given situation.......'the supreme court has reiterated the same view in commissioner of income-tax ..... to raise objection. but these general principles are not applicable if application of those principles are restricted by appropriate legislation.7. before the civil procedure (amendment) act, 1976 section 21 of the c.p.c. contained only one clause regulating objection relating to territorial jurisdiction. thus the general principles relating to absence of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... if that activity had been undertaken by a private agency it would have been an 'industry' to which the act would apply.the correct approach would be to decide what activities are essential to the authority of government as such and what are the functions which only the government could discharge and which it would not ..... analogously heard.2. the appropriate government as defined in section 2(a) of the industrial disputes act, 1947 (act xiv of 1947) means :'(i) in relation to any industrial dispute concerning an industry carried oh by or under the authority of the central government or by a railway company or concerning any such controlled industry as ..... government exercising administrative or executive authority and not the government exercising its powers as an employer in an industry. thus in state of madras v. c. p. sarathy, air 1953 sc 53 lit was held that the government making a reference under section 19(1) of the industrial disputes act was acting administratively. this view was .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT152
..... acquire large tracts of land for the purpose of land development in urban areas. we hope and trust that the meerut development authority, for whose benefit the land in question ..... under challenge in this petition.2. the facts and circumstances giving rise to this case are that certain land was acquired by the cuttack development authority (hereinafter called the 'cda'), in the year 1984 and 1986. the petitioners claim that their father had certain land which had also been ..... the applicant acquired by the authority. the court observed:although the said section is not in terms applicable to the present acquisition proceedings, we are of the view that the above provisions in the delhi development act contains a wholesome principle which should be followed by all development authorities throughout the country when they .....
Tag this Judgment!Court : Orissa
Reported in : 82(1996)CLT907
..... have been reduced. the opposite parties in their counter have stated that under clause iii of the central conditions stipulated in annexure-1 the rourkela development authority had the authority to modify the type and design of the house and lay out plan etc., inasmuch as it has been stated in paragraph 8 of the ..... of the building materials and lands broad areas have been fixed and proportionate tentative cost have been worked out. therefore, the cost so fixed by the development authority cannot be stated to be unreasonable, arbitrary or without any foundation.5. having heard learned counsel for the parties and after going through the materials on ..... in prices of different category of houses and area have been given in the writ application. ,an exhaustive counter affidavit has been filed by the rourkela development authority and its vice-chairman, opposite parties 2 and 3. the opposite parties have raised a preliminary objection to the maintainability of the joint writ petition filed .....
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