Court : Orissa
Reported in : 94(2002)CLT107; 2002(I)OLR574
..... attentive to this practical problem. it will be appreciated if a public interest petition is moved to compel the government, its different wings and the cuttack development authority to discharge their obligations'. 25. from the above averments, it is crystal clear that the corporation is trying to make out a case that it has ..... is only responsible for maintenance and management of such schools recognised by the state govt. within the municipal areas, as provided in section 358 of the act. neither the act nor the rules empowers the corporation even to establish any such school of its own accord. chapter iv of the rules deals with the subject ' ..... municipal corporation in providing municipal funds for such institution overlooking much more urgent needs of the town for providing services to the tax payers. moreover, the municipal act does not empower the municipal bodies to set-up engineering & technology college (degree), which is otherwise the function of the state government.' hence, it was .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori38
..... by the appellant at rs. 23,497.49 paise. learned subordinate judge found that ext. 1 is sufficient to hold that the general manager had the authority to institute the suit and sign the plaint. he also rejected the contention of the appellant that the suit is barred by limitation under article 19 of the ..... supra) in a case of criminal conspiracy and misappropriation, keeping in view the peculiar facts and circumstances of that case, the apex court propounded that :'section 34 evidence act makes entries in books of account regularly kept in the course of business relevant in all proceedings in a court of law. these entries are, however, not by themselves ..... proved to have been maintained in regular course of business and it has the characteristic of the books of accounts as provided in section 34 of the evidence act besides corroboration to the documentary evidence through relevant oral evidence. the trial court has not recorded any finding stating that because of exts. 2 to 9 being .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR284
..... possibility of inconsistent decisions on a points of law by different benches that the rule has been evolved, in order to promote consistency and certainty in the development of the law and its contemporary status, that the statement of the law by a division bench is considered binding on a division bench of the ..... to the applicants before them and not for others who did not approach the tribunal claiming relief, which the applicant claimed. after receipt of the clarification, the authorities went on sponsoring names on the basis of requisitions received. thus, benefit of the larger bench judgment was made available to some of the applicants before the ..... cases should be decided alike. thus the doctrine of precedent is applicable to the central administrative tribunal also. whenever an application under section 19 of the act is filed and the question involved in the said application stands concluded by some earlier decision of the tribunal, the tribunal necessarily has to take into account .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT303
..... division of the corporation and again he was transferred to rayagada and worked up to 15-11-89. on 15-11-89 his services were terminated by the authority. though no order of termination was passed, the opposite party no. 3 refused further employment without assigning any reason. the opposite party no. 3 demanded to ..... preceeding date of termination/refusal of further employment and therefore he is neither entitled for notice nor compensation as required under the provisions of the industrial disputes act. he further submitted that the presiding officer, labour court calculated the working days to be 240 days without any basis and illegally answered the reference in ..... for 234 days including holidays and sundays. the opposite party no. 3 having not worked for 240 days as required under the provisions of the industrial disputes act, he was not entitled to either notice or compensation for refusal of further engagement.the labour court, bhubaneswar found that the opposite party no. 3 had put .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR373
..... for the z. s. s., angul.this court while deciding the three writ petitions required the state government to find out whether the collector had the legal authority to divert and spend the district rural development authority (in short 'd. r. d. a.') and peripheral funds for repairing, renovation and beautification of the 'sabbaghar' and fix responsibility and take administrative action against the ..... irregular. admittedly, the opposite party no. 5 was the district collector-cum-chairman & project director of angul d. r. d. a.. the government of india in the ministry of rural development in letter no. 19012/2/93/ird dated 12-7-1994 issued circular to all the state governments stating that the chairman and the project director, d. r. d. a .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori164; 91(2001)CLT249; 2001(I)OLR168
..... purushottampur grama panchayat from village 'purushottampur' to village 'panisapada'. the government in panchayat raj department, called for reports from the block development officer and the collector of the district. the authorities after conducting inquiry at the field, intimated the government that the village panisapada is well communicated and centrally placed. it was further ..... by the local b.d.o. and the sub-collector, was pleased to exercise the power under sub-section (3) of section 4 of the act and shifted the headquarters of purushottampur grama panchayat from village 'purushottampur' to village panispaada vide the notification dated 6th november, 1993 (annexure-4). the said ..... and issued the notification on 5-9-95 (annesure-9) in purported exercise of powers conferred under sub-section (3) of section 4 of the act and ordered that the office and the headquarters of the grama sasan of grama 'purushottampur' of balasore district shall be situated in village purushottampur within .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... time-limit for completing the reassessment proceedings. the petitioner has prayed for quashing the second proviso to section 14 and section 14-d of the act and for directing the authority concerned to complete the reassessment as early as possible within a specific time. a prayer has also been made to grant the refund along ..... order at one stage, it should have the right to vary or alter such interim orders. we venture to suggest, however, that a consensus should be developed in matter of interim orders.if we may venture to suggest, in fiscal matters specially in cases involving indirect taxes where normally taxes have been realised from ..... of a statute ought to be refunded. this circumstance emphasises how the jurisprudence in each country has developed differently. we, on our part, have to evolve appropriate principles to meet the emerging situations, keeping in mind the development of law in our own country, our own circumstances and above all, our own constitutional philosophy. at .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT696; 2000(I)OLR463
..... orissa and ors. [7992 (ii) olr 90] and baneswar biswal v. state election commissioner, orissa and ors. [1997 (i) olr 310]3. opp. party no. 3, the block development officer, begunia, has filed a counter in which it has been stated that .opp, party no. 4 has got three living children and the third child was born on november ..... . the collector cannot enquire whether the election was valid or not or whether the sarpanch or the member was disqualified to be nominated or elected, but he has the authority to determine whether at the time of determination by him the sarpanch or the member is having any disqualification or not. an illustration will make it clear. 'a' ..... election and accordingly he had no right to file any election petition challenging the election. his remedy is only under section 25(2) read with section 26 of the act.6. the decisions cited by dr. tripathy have no considered the question involved in the present writ petition. in maheswar's case challenge was to improper acceptance or .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori120; 2000(I)OLR430
..... is absent or finds himself unable to discharge his functions.7. it has again and again been pointed out that the prescribed authority exercising penal powers should apply his independent mind and should not mechanically act upon a report obtained from or through the subordinate officers. removal of an elected sarpanch should not be exercised in a ..... by the district panchayat officer that the petitioner also intimated the said fact of handing over charge to the block development officer, begunta by his letter no. 38 dated march 20, 1999 and that the block development officer in his turn intimated the said fact of handing over charge by his letter dated march 26, 1999. ..... has no right to delegate the power to convene the meeting of the gram panchayat. such submission appears to be misconceived. section 21(1) of the panchayat act has authorised the sarpanch to delegate to the naib sarpanch any of his power including the power to convene meeting of the grama panchayat. such power of delegation .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori56
..... that the decision is irrational or perverse (see 1997 public law, 375 'wednesbury protection of substantive legitimate expectation by christopher forsyth). the observations of the apex court in hindustan development corporation's case (1993) 3 scc 499 : (air 1994 sc 988), in m. p. oil extraction's case (1997) 7 scc 592 : (air 1998 ..... down a clear principle that claims on legitimate expectation required reliance on representation and resultant detriment in the same way as claims based on promissoryestoppel. the principle was developed in the context of 'reasonableness' and in the context of 'natural justice.' the apex court referred to r. v. irc exp preston 1985 ac 835, ..... the position there was that a company was granted planning permission in 1993 and the relevant highway authority had indicated that it had no objection to entering into a highway improvement agreement under section 278 of the highways act, 1990. the proposed highway scheme was approved in 1995. but in 1996, there was a .....
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