Court : Orissa
Reported in : 2008(II)OLR976
..... . 935 (c.c.s.u. v. min.). 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 in a ..... of 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 ors. v. hindustan development corporation and ors. : air1994sc988 , the supreme court elaborately dealt with the doctrine of legitimate expectation. the supreme court held that the concept of legitimate expectation in administrative law ..... the gates which shuts the court out of review on the merits.'11. putting the facts of the present case in the touch stone of law as it has developed in respect of the doctrine of legitimate expectation, it would be seen that the petitioner being placed in serial no. 2 of the merit list her expectation that .....
Tag this Judgment!Court : Orissa
Reported in : 2008(1)OLR443; (2008)15VST296(Orissa)
..... intra-state trade and commerce for providing various trading facilities to the trading community of different statutes like the orissa development authority act, 1982, orissa municipal corporation act, orissa municipal act, orissa zilla parishad act, orissa panchayat samiti act, gram panchayat act. under the above mentioned statutes, provisions of the establishment of market place, shopping complex, village market, hata, ..... india is made exclusively to pass any legislation to augment the income of the local authorities and by the definition of 'local area' given in the act, the entire state has been brought under the purview of the act and hence it is a colourable exercise of power.3. after hearing learned counsel ..... in section 36, it has been indicated that there shall be paid to each local authority every year such sum as may be determined by the state government from out of the tax collected under this act, subject to such conditions and in such manner as may be prescribed. but nothing has .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT81
..... held on 13.5.2002 recommended for allotment of ac.2.00 land in mouza-gadakana in its favour. accordingly, on direction being issued, the bhubaneswar development authority prepared a drawing carving out ac. 1.929 of land. a memorandum dated 17.2.1994 was prepared by the special secretary to the government, available ..... by the petitioners in both the writ petitions, the open learning systems is a registered society under societies registration act, 1860 and in a voluntary organization established to achieve the objectives of fostering all-round development of children. it is claimed by the petitioners that the said organization has introduced its multi dimensional services in ..... of 2006 has been filed by the open learning systems which is a non-government voluntary is organization and registered as a society under the societies registration act, 1860. the said organization has sought for quashing the order dated 17.4.2006 of the government rejecting the application of the petitioner dated 12.9 .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT326
..... from the exercise of such jurisdiction.(v) even in a case when the civil court would have jurisdiction on a finding that the special tribunal has acted beyond the scope of its authority as in point no. (ii), it cannot substitute its own decision for that of the tribunal but would give a direction to dispose of the ..... at any stage such defect can be removed by directing the plaintiff to pay the court fees required for grant of consequential relief and cited the case of jaipur mineral development syndicate jaipur v. the commissioner of i.t. new delhi : [1977]106itr653(sc) . on the point of jurisdiction of the bhogra conversion officer to recall the ..... order of bhogra conversion proceeding; rather he challenged the recording of the suit land in favour of defendants 1 to 4 by the settlement authorities. in such situation the jurisdictional bar provided under act 10 of 1963 was not applicable and jurisdiction of the civil court was not ousted.8. a very lengthy argument was offered by the .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR657
..... chart filed by the contesting opposite parties even though indicates no material difference, is of no consequence. the name of the post itself being child development project officer, it relates to children and adolescent girls as rightly contended by the learned advocate general.the apprehension of purported stagnation cannot be a ..... department), a large number of v.l.ws. including lady village level workers (l.v.l.ws.) were appointed for execution of community development works under the community development blocks. there being no prospects of their promotion in service career, there was a lot of resentments among them, which led the government to ..... of any kind;(iv) disciplinary matters; or(v) any other matter whatsoever, section 15 of the act provides as follows:15. jurisdiction, powers and authority of state administrative tribunals- (1) save as otherwise expressly provided in this act, the adminrstrative tribunal for a state shall exercise, on and from the appointed day, all the .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT527; 2005(I)OLR507
..... petitioner had filed ojc no. 7646 of 1998 before this court challenging the action taken by opposite party no. 2, puri-konark development authority, under section 91 of the orissa development authority act for demolition of a building constructed by him without obtaining due permission and/or sanction of plan, and also violating the provisions of ..... to the notice of the court that the construction was made without obtaining prior permission and/or had been made beyond the norms of the development authority act and that it grossly violated the provisions made in the coastal zone regulations. it was further alleged that under the cover of the interim order ..... court may take a liberal view and condone the delay in order to give substantial justice.3. on receiving notice, opposite party no. 2, puri-konark development authority, entered appearance through its counsel and filed a counter-affidavit opposing the prayer for condonation of delay.4. mr. patnaik, learned senior advocate appearing for the .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT39
..... area. the judgment of this court in sarat kumar sahoo and anr. v. collector, cuttack and anr. (supra) has been followed in the liberation education and action for development (lead), through its secretary and ors. v. state of orissa and ors. (supra) and it has been held therein that not only the local area but also the ..... mohanty cited the judgments of this court in sarat kumar sahoo and anr. v. collector, cuttack and anr., 73 (1992) c.l.t. 834 and liberation education and action for development (lead), through its secretary and ors. v. state of orissa and ors., 2002 (ii) olr 568.4. mr. d. das learned additional government advocate appearing for the opp. ..... operate, though at this stage the local areas and localities in which the exclusive privilege will operate can be identified by the authorities. moreover, on a plain reading of sub-section (2) of section 22 of the act we find that no grantee of any privilege under sub-section (1) can operate the exclusive privilege unless and until he .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR586
..... kendu leaves. it prepares bidi with kendu leaves in the name and style of 'ashok bidi' at its factory situated in the state of west bengal. the orissa forest development corporation limited, opposite party no. 3 (hereinafter referred to as 'o.f.d.c.') is a government of orissa undertaking. trade in kendu leaves in the state of ..... inter-state sale. the assessment was annulled in appeal filed by the assessee which was confirmed in second appeal by the sales tax tribunal. both the first appellate authority and the sales tax tribunal held the transaction to be intra-state sale because there was nothing on record to indicate existence of agreement either express or implied basing ..... purchasers and the sale/purchase did not occasion movement of goods from state of orissa to outside the state. the basic ingredients to attract section 3(.a) of the act were found absent. therefore, the sale was held to be intra- state sale and not inter-state.8. keeping the aforesaid legal position in view, let us .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR666
..... by imposing certain reasonable restrictions on the movement and activity of the writ petitioner in puri and further order could have been passed depending on further development. if this kind of overhasty and disproportionate order is allowed to survive the cherished freedom guaranteed by the constitution will be meaningless. it is thus ..... its eyes to such improper use or misuse of power.30. it is a basic principle of rule of law that the administrative authorities exercising statutory powers and even discretions must act objectively, reasonably, fairly and justly because 'discretion is a science or understanding to discern between falsity and truth, between wrong or ..... the police reports and the impugned order are two-fold. first, if the petitioner wants to enter gobardhana pitha or holds any public meeting challenging the authority and position of present recognised sankarcharya or claims the rights and privilege as sankaracharya in puri, there may be commotion, clashes or breach of peace. .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT22; 1999(I)OLR17
..... having made an indepth study and by referring to a good number of decisions of the supreme court, including airport authority's case (supra) and ajay hasia's case (supra) came to hold that tribal development co- operative corporation is a 'state' within the meaning of article 12 of the constitution.in dr. bishnu ..... . it is unequivocally stated by opposite party no. 1 in paragraph 4 (i) of the counter that the registrar is the competent authority under the orissa co-operative societies act to specify the staffing pattern of various societies in the state with designation, qualification and renumeration, etc. of the employees. taking all ..... amendment :'power to appoint and determine conditions of service of employees of society - (1) the committee of every society shall, subject to the provisions of this act, rules and the bye-laws, fix the number and designation of employees it may have under different categories, and determine the qualification criteria, recruitment procedure, remuneration .....
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