Court : Orissa
Reported in : (1992)ILLJ397Ori
..... remedy. in (1985-ii-llj-481), h.s. achutha v. the chief engineer (chakra) karnataka power corporation ltd., the karnataka high court held that even if section 10 of the act provides alternative remedy, yet the constitution does not impose any factor of exercise of jurisdiction under article 226 ..... association petitioners represent ministerial officers, accounts clerks, auditors, subordinate officers, statistical employees and the individual petitioners are station masters, assistant station masters, traffic survey inspectors, traffic inspectors, accounts clerks, diarists, audit assistants, l.d. assistants, statistical assistants and junior typists, etc. on the face of it none of ..... supreme court that even if the undertakings are spread over different places, yet if there is functional integrality and interdependence or community of financial control and management, in that event the undertakings taken together shall 5 be an industrial establishment.21. in view of the principles laid down .....
Tag this Judgment!Court : Orissa
Reported in : II(1991)ACC372; 71(1991)CLT733
..... or allows a vehicle to be used in any manner not authorised by the permit and other circumstances enumerated in the section.chapter viii of the act contains provisions regarding control of traffic. in the said chapter section 112 deals with limit of speed. it lays down, interalia, that the state government or any authority authorised in ..... the manner prescribed by the statute. no power which is not prescribed in the manner provided under law is available to be exercised under the cloak of controlling the traffic or enforcing the provisions of the statute. it is to be borne in mind that under the stature the officers of the motor vehicle department are ..... the court to properly deal with the matter in the appropriate proceeding. we hope that the superior officers of the department who exercise control over the enforcement agency under the motor vehicles act will impress upon their subordinate the duty and responsibility in the matter so that occasion for complaint of the nature raised in this .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori15
..... at barbil station and at jhinkpani station, therefore, dismissed the allegation of discrimination as alleged by the complainant. ultimately the tribunal passed the orderdeclaring that in respect of the traffic of the complainants goods at barbil station, no siding charge is leviable on the opposite party no. 2 with effect from 22nd april, 1982. 5. during the ..... does not appear to be any other statutory duty in respect of which any other charge could be levied by the railway..........' under section 3(4) of the railways act, the railway is defined to include all lines of rail, sidings or branches worked over for thepurpose of, or in connection with, a railway. therefore, if the ..... in trip time between the two aforesaid operations, then siding charge could be levied for the railway on an application being made under section 41-a of the act. until such review is made, the tribunal was of the view that no siding charge could be demanded from the complainant. the tribunal failed to find any .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ260; 1992(I)OLR108
..... of sections 50, 52 and 55 to be mandatory and violation thereof to vitiate a conviction. the third case was a decision of the karnataka high court holding section, 57 of the act to be mandatory, 1991 cri.l.j. 696 (md. jainulabdin v. state of manipur) is a case decided by the gauhati high ..... unimaginable extent of damages on frighteningly large sections of the society. its effect on the people addicted to it is catastrophic for which international conventions as to traffic on such drugs and substances have come into existence. keeping such measures in view, the measures in the statute have been made specially rigorous with provisions for ..... such cases the action has to be struck down irrespective of the question of justification or prejudice. 8. the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have been recognised as the single most powerful social offender in .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... l. j. 1412 (stafa of h. p. v. sudarshan kumar), of the rajasthan high court in 1990 (i) crimes 246 (chhoteylal v. state of rajasthan), of the karnataka high court in 1991 cri. l. j. 1392 (smt. zubeda khatoon v. the asst. collector of customs, legal, bangalore), of the gauhati high court in 1991 cri. l ..... air 1983 sc 454 (bhagat ram v. state of himachal pradesh) the supreme court held while interpreting rule 15(5) of the central civil services (classification, control and appeal) rules, 1965 :'in fact, justice and fairplay demand that where in a disciplinary proceeding the department is represented by a presiding officer, it would be ..... to tackle the menace and the safeguards provided by the very statute against unmerited or mala fide prosecutions:'the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have been recognised as the single most powerful social offender .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... importance', though whether such a matter is there or not has been left to the subjective opinion of the appropriate government. the objective standard mentioned in the act is to guide and control the discretion of the appropriate government, and so, it is permissible to compel the government by an appropriate writ to discharge the function entrusted to it ..... done so. we do not,however, propose to pursue this matter because the power conferred on the stategovernment by section 3(1) of the act is anindependent power, according to us, and isnot controlled by the power given to the statelegislature in this regard.57. far from the present case being contrary to what was said in a.k. ..... affairs enquired into is an accepted position, as would appear from the decision of the apex court in state of karnataka v. union of india, air 1978 sc 68. but then, this power has been conferred by the act itself, and we cannot cut down its width; nor can we refrain from exercising our power under article 226 of .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR88
..... that case the question was whether the inclusion of names of fifteen persons in the voters' list for election to the legislative council of the state of karnataka from local authorities-constituencies to the state legislative council after 3 p. m. on the last date fixed for filing the nomination which was 17-4-1974 ..... this court that the parties before the claims tribunals are not participating in the proceedings in a proper manner. the tribunals more often than not are merely acting as tape recorders, by recording evidence, oblivious of the responsibility of passing an award determining the amount of compensation which appears to it to be 'just'. ..... , 50,000/ and the balance liability was that of the owner. an appeal was filed in this court under section 173 of the motor vehicles act, 1988 (in short, the 'act')- notice issued to brajabandhu senapati was returned with endorsement by postal authorities that brajabandhu had expired. the notice sent through court came back with endorsement made .....
Tag this Judgment!Court : Orissa
Reported in : 1995ACJ1267; AIR1995Ori153; 1995(I)OLR205
..... to deposit certain amount of money under the first proviso to section 173 of the new act, the new act has controlled the right of appeal. the new act is admittedly prospective. there is nothing in the said statute ..... the required amount of the award by the appellant is applicable to cases coming under the provisions of the new act only. for the aforesaid reasons, i respectfully differ with the view expressed in the aforesaid decision of the karnataka high court. (ii) in gaya prasad (supra) the madhya pradesh high court has held that the law ..... been initiated prior to the new enactment would be governed by the new act and not by the repealed act.9. let me examine the two decisions cited by the learned counsel for the respondents.(i) in new india assurance co. ltd. (supra) the karnataka high court held that by requiring the appellant who has suffered the award .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT681; [1999]97CompCas182(Orissa)
..... by such document and contain such particulars according to rules and shall be accompanied by a copy of bye-laws of the stock exchange for the regulation and control of the contracts and also a copy of rules (memorandum and articles of association) relating in general to the constitution of the stock exchange, and in ..... and auction of membership card are contrary to law. he has referred to the scope of registration of stock exchange and its members. the scheme of the act provides definition of stock exchange, prescribed qualification of members, periodical returns to central government, enquiry on direction of the central government and filing periodical returns by stock ..... recognised stock exchange may with previous approval of the central government make bye-laws for regulation and control of contracts. reliance was placed on sub-section (3) of section 9 to show that the provisions of the 1956 act have not been infringed by the articles of association or bye-laws of opposite party no. 1 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori15
..... 5 scale 211 : (1995 air scw 306) has highlighted these aspects. 4. environmental law is an instrument to protect and improve the environment and to control or prevent any act or omission polluting or likely to pollute the environment. in view of the enormous challenges thrown by the industrial revolution, the legislatures throughout the world are busy in ..... the interim orders passed by this court on 12-12-1994 and 9-3-1995 shall continue to operate. (6) four states, namely andhra pradesh, gujarat, karnataka and kerala have not yet submitted their management plans to the central government. there is thus a clear non-compliance with the direction issued by this court on 12 ..... this court. the forest authorities could use this road and the bridges for their supervision and protection of the sanctuary and they also regulate the movement of traffic in the interest of environment protection. the road and the bridges, they run close to the sanctuary and within the forest and do not by itself violate .....
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