Court : Orissa
..... sangh, (2004) 4 scc 268, u.p. state spinning co. ltd. v. r.s.pandey and another, 101(2006) clt 160(sc) and uttaranchal forest development corporation v. jabar singh, (2007) 2 scc 112. 14 22. considering the above principles, the law laid down by the apex court and looking into the provisions contained ..... of judgment : 11.11.2014 in the above batch of writ petitions, the petitioners have challenged imposition of tax and penalty by the authorities under the orissa motor vehicles taxation act, 1975, hereinafter referred to as the act . in short, and orissa motor vehicles taxation rules, 1976, hereinafter to be referred to as the rules . in short. since common ..... subsection (2) of rule 13 clearly envisages that no penalty can be imposed without affording a reasonable opportunity of hearing. therefore, any imposition of penalty by the authority has to be made in compliance with the provisions contained in sub-section (2) of section 13. when such forums are available under the taxing statute, the .....
Tag this Judgment!Court : Orissa
..... be given priority; (vii) where a decision has been taken purely on public interest, the court ordinarily should exercise judicial restraint. .22. in reliance airport developers (p) ltd. v. airports authority of india, (2006) 10 scc 1, it was observed as follows: 56. one of the points that falls for determination is the scope for judicial interference ..... of india & ors.) (para-38) (viii) (2007)8 scc1 (reliance energy ltd. & anr. vs. maharashtra state road development corpn. ltd. and ors.) (para-38) 9. in substance, the submission is that tender authority must act fairly and as per notified procedure. if a mechanical order is passed as in the present case, the same should be held to ..... exercise of discretionary powers to give a contract. the extent of exercise of power of judicial review depends on the nature of decision taken. a public authority must act fairly but it is entitled to its choice in accepting or no.accepting the bid. such choice canno.be held to be arbitrary unless the power is .....
Tag this Judgment!Court : Orissa
..... and it is no.existing but prospective. this doctrine of legitimate expectation can be considered to be an off-shoot of the general doctrine that every public authority must act fairly. in england, it has been held that the plea of legitimate expectation provides a sufficient interest to a person to enable him to have judicial review ..... the claimant is reasonable or legitimate in the context is a question of fact in each case. in the case of union of india and others v. hindustan development corpn. and others, air 1994 sc 988, the supreme court elaborately dealt with the doctrine of legitimate expectation. the supreme court held that the concept of legitimate ..... pursuant to annexure-1, in respect of anganwadi worker of kulinda anganwadi centre, within a period of four weeks from the date of communication of the order. the authorities are directed to act on production of a certified copy of this judgment.17. the writ petition is allowed. no costs. . .. dr.b.r.sarangi, j.orissa high court .....
Tag this Judgment!Court : Orissa
..... , which is no.within the power of the child welfare committee under section 31 of the act. section 31 of the act provides as under : 31. powers of committee.-(1) the committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to 14 provide for their basic needs and protection ..... welfare committee, cuttack, no.did the child welfare committee, cuttack had jurisdiction to decide the matter; (iii) the child welfare committee has no authority to decide the issue of custody of the child under section 31 of the act; and (iv) the child welfare committee, cuttack did no.adopt proper procedure as required under law. it also did no.notice or hear .....
Tag this Judgment!Court : Orissa
..... further seen that form-iii of the regulations is the specimen of the application for drawing of attention under sub-section (7) of section 16 of the orissa development authorities act, 1982. the petitioner has sent the said notice in the prescribed format and it also appears from annexure-9 at page 48 that the document has been sent ..... prayed for a direction to the opposite parties to accept the status of deemed grant of permission under section 16(8) of the orissa development authorities act, 1982 (hereinafter 2 referred to as the act .) and further to direct the opposite parties not to interfere with the petitioner s lawful activities at the pump fill station set up at ..... are hereby quashed. the opposite parties are directed to accept the status of the petitioner as having granted deemed permission under section 16(8) of the orissa development authorities act, 1982. . s.k.mishra, j.pradip mohanty, a.c.j.i agree. .. pradip mohanty, a.c.j.orissa high court, cuttack, dated, january 29, 2013 .....
Tag this Judgment!Court : Orissa
..... it is necessary to knot what is provided in the revised government guidelines dated 02.05.2007 commissioner-cum-secretary to government, women issued by & child development department, government of odisha, with regard to disengagement of anganwadi workers. the relevant portion of said guidelines is reproduced hereunder for ready reference. iv. disengagement of ..... undergoing ct training in government secondary training school, langaleswar, in the district of balasore as regular candidate. she did not take permission from the competent authority at the time of filing her application pursuant to advertisement dated 21.01.2010 to be engaged as anganwadi worker. further, she has attended ct ..... school, langeleswar, balasore to the writ petition as annexure-2. petitioner has also obtained copy of the attendance register under the r.t.i. act. the above fact was communicated to opposite party no.4 by way of filing representation with request to disengage sasmita behera and to give engagement to .....
Tag this Judgment!Court : Orissa
..... . the basis of the statutory power conferred by the statute cannot be transgressed by the rule-making authority. a rule-making authority has no plenary power. it has to act within the limits of the power granted to it. 25. in the case of ahmedabad urban development authority vs. sharadkumar jayantikumar pasawalla(supra), the hon ble supreme court has held as under: 7. it appears ..... . the basis of the statutory power conferred by the statute cannot be transgressed by the rule-making authority. a rule making authority has no plenary power. it has to act within the limits of the power granted to it.5. referring to the case of ahmedabad urban development authority vs. sharadkumar jayantikumar pasawalla and others, (1992) 3 scc 285.mr. das submitted that in a .....
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..... section 41 allowing a child to be given in adoption.7. it is, therefore, seen that it is only the child welfare committee under the j.j.act, who is authorized to declare a child free for adoption and law does not require any other agency, be it the state council for child welfare or any other body, ..... such children shall also be categorized as special need children. the cara guidelines were notified in a notification issued by the ministry of women and children development, government of india on 24.6.2011 for the purpose mentioned therein. for better appreciation, the said notification is quoted hereunder: ministry of women and child ..... for in-country adoption, 2004 (ii) guidelines for adoption from india, 2006. (sudhir kumar) additional secretary, ministry of women and child development. 8. this court, therefore, considering the provisions of law under the j.j.act with regard to adoption of a child finds that both the minot girl children, namely, kuni and gudly as required under the said .....
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..... the receipt in its income and expenditure account. amount of rs.15,000/- received has been utilized in the educational activities of the institutions and for infrastructural development. therefore, it cannot be treated that the profit was earned for non-educational activities. the stand of the petitioner needs examination by opposite parties with regard to ..... , pull down, rebuild, add to, alter and repair houses and other buildings and to build drains and make roads and fences and otherwise to improve and develop and to cultivate or cause to be cultivated all or any of the said lands, hereditaments and premises and to insure houses and buildings against loss or damage ..... are stipulated for the first time as mentioned in the third proviso to section 10(23c) of the i.t.act. after grant of approval, if it is brought to the notice of the prescribed authority that conditions on which approval was given have been breached or that circumstances mentioned in the thirteenth proviso exist, then .....
Tag this Judgment!Court : Orissa
..... contempt.7. mr. rao, learned counsel for opposite party no.2 placed reliance on a judgment of the high court of karnataka in the case of banglore development authority v. gururaj s/o. late m.s. prithviraj and b.v.ram murthy, reported in ilr (2007) kar 5184, in support of his contention that, the ..... as serious contempts. similarly, deceiving the court or the court's officers by deliberately suppressing a fact, or giving false facts, may be a punishable contempt. certain acts of a lesser nature may also constitute an abuse or process as, for instance, initiating or carrying on proceedings which are wanting in bona fides or which are frivolous ..... 's writ application had been dismissed, yet the petitioner went ahead and filed a contempt application, interalia, on the allegation that the paradeep port trust have not acted in terms of the observations made in paragraph-14 of the judgment by this court. the aforesaid allegation raised while being wholly incorrect, the direction of this court .....
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