Court : Orissa
Reported in : AIR2003Ori195; 95(2003)CLT799
..... grievance of the petitioner in this writ petition is that notwithstanding the said policy of the government of orissa, the orissa scheduled castes and scheduled tribes financial development corporation limited (in short, 'the o.s.f.d.c.') has not placed orders for purchase of two hundred numbers of tractor trailers for scheduled caste ..... made not by the court but by the administrative authority. in the words of the supreme court :'... the result is that a change in policy can defeat a substantive legitimate expectation if it can be justified on wednesbury reasonableness. we have noticed that in hindustan development corporation case also it was laid down that the ..... the petitioner withdrew the said writ petition. mr. mohanty vehemently argued that the aforesaid facts would clearly show that the o.s.f.d.c. has been acting arbitrarily and in violation of right of the petitioner under article 14 of the constitution. he cited the decision of the supreme court in sterling computers limited v. .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT86
..... take necessary steps. consequently, the secretary in his letter dated 31.7.1991 made a petition to the minister, housing and urban development department requesting him to direct the municipal authorities to take over the management of the school from the academic session 1991-92. in view of such request made by the secretary ..... published in the extraordinary orissa gazette, dated 20.2.1993 at annexure-3. the said notification was issued under section 124 of the orissa municipal act, 1950 inviting objection to the government intention to transfer the concerned school to the management of the bhubaneswar municipal council with clear stipulation that no financial ..... objections by notification dated 12.2.1993 (extraordinary gazette notification dated 20.2.1993) at annexure-3 as required under section 124 of the orissa municipal act, 1950. since no objection was received from any quarter within the time stipulated, the government transferred the management of the school and vested the same with .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT658; 2003(I)OLR91
..... tribunal. as we will now demonstrate under the grant-in-aid order, 1994 made under sub-section (4) or section 7-c of the orissa education act, the authorities of the education department have been vested with the statutory power to decide the claims to eligibility for grant-in-aid, but they have abdicated such statutory ..... age of fourteen years, after the child/citizen completes fourteen years, his right to education is circumscribed by the limits of economic capacity of the state and its development.14. in chandigarh administration and ors. v. mrs. rajni vali and ors. (supra) the supreme court has rejected the contentions of chandigarh administration that it was ..... there are several articles in part iv which expressly speak of it. article 41 says that the 'state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR362
..... settled in regard to the scope of interference by the court with an award passed by arbitrator. the apex court in indu engineering & textiles ltd. v. delhi development authority, air 2001 sc 2688, indicated some of the well-recognised grounds on which interference was permissible, and the same are extracted hereunder :'(1) violation of principles of ..... could justly be inferred, and such repudiation or denial gave rise to a dispute and an arbitrator could be appointed under section 8(2) of the arbitration act. in coming to the aforesaid conclusion, this court relied upon a decision of the calcutta high court in nandaram hanutram v. raghunath and sons ltd., air ..... claim of the respondent on the ground of limitation. the arbitrator rejected the said objection and against such rejection, an application under section 33 of the arbitration act was filed before the learned civil judge. on the aforesaid application being rejected, a revision being civil revision no. 347 of 1996 was preferred and this .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori184; 94(2002)CLT15
..... appellant challenged that deemed rejection before the central government by way of a revision under section 30 of the mines and minerals (regulation and development) act, 1957 (hereinafter referred to as the 'act'). on 30.6.1982, the central government allowed that revision to the extent of remanding the application for mining licence made by the ..... that the appellant had an alternate remedy against the grant in favour of respondent no. 3 and the appellant had not approached the revisional authority as provided under the act and that the writ application was devoid of merits. it was also contended that the appellant was not entitled to any preference in terms of ..... , learned counsel for the appellant has pointed out that the application for mining lease made by respondent no. 3 was recommended for rejection by the concerned authority and instead of rejecting the application, the application was kept pending for 14 years and the lease was granted in a clandestine manner thus showing that all .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori156
..... from orissa state financial corporation by mortgaging assets and it also incurred loans from different financial institutions like industrial promotion and investment corporation ltd. (ipicol), industrial development corporation. (idcol) and the state bank of india towards its working capital. it started its commercial production on 26-2-1988, but for various reasons, ..... of commercial viability and liquidation of the loan within the schedule.12. sri b. d. misra, learned counsel for the petitioners, then submitted that the authority while conducting auction sale on 28-10-1999 has committed serious illegalities, as a result of which, the unit holder was deprived of getting the maximum ..... every attempt should be made to secure as maximum price as possible to liquidate the liabilities incurred by the industrial concern or the debtor under the act. before sale by public auction wide publicity and final endeavour to fetch maximum price should be made. it has already been observed that the financial .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT524
..... educational institution. in the said letter it has been expressly mentioned that roman catholic mission of cuttack-bhubaneswar, orissa provided funds and donated land for establishment and development of the school. the deputy secretary of the school and mass education department by his letter no. 15522(2) sae dated may 25, 1993 november, ..... introduction of the orissa education (management of private high schools) rules, 1980 managing committee of theschool was reconstituted and sent for approval of the appropriate authority under the rules.(iv) the inspector of schools was issuing directions for convening the first meeting of the managing committee to select its president and secretary and ..... in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the representation made by him. he must make it good. this principle can have no application to .....
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 : 2002(II)OLR78
..... scc 104. he further submitted that the apex court in the said decision has made it clear that the council established under the act for coordinated and integrated development of the technical education system at all levels throughout the country is enjoined to promote qualitative improvement of such education in relation to ..... comes within the definition of 'educational institution ' as defined in section 3(f) of the act.prescribed authority has also been defined in section 3 (m-l). as per the definition 'prescribed authority' means the authority to be notified by the state government from time to time in the official gazette. it ..... authority.6. shri nanda, learned counsel appearing for the institution, on the other hand, submitted that functioning of the engineering college is governed under the provisions of aicte act. it was submitted by sri nanda that aicte act provides for establishment of an all india council for technical education with a view to planning and co-ordinated development .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR96
..... entrepreneurs in the electricity industry and generally for taking measures for development and management of electricity industry in the state. section 13 of the reforms act contemplates that the grid-corporation of orissa ltd. incorporated under the provisions of the companies act, 1956 with effect from the 20th day of april, 1995 ..... contiguous states, the commission, the regional electricity board and the central electricity authority. the gridco so required to discharge such powers, duties and function of the board including those under the indian electricity act. 1910 and the electricity (supply) act, 1948 or the rules framed thereunder as the commission may specify in the ..... government shall coordinate and deal with the central government and central electricity authority. the state government in s.r.o. 254 of 1996 in exercise of its powers under section 55, sections 53 and 54 of the orissa electricity reforms act, 1955, framed a rule called 'orissa electricity reforms (transfer of .....
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