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 .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR777
..... effect it will have on the human settlement in the cisf barracks and quarters. hon'ble supreme court in the case of s. nagaraj v. state of karnataka 1993 supp. (4) scc 595, observed:justice is a virtue which transcends all barriers. neither the rules of procedures nor technicalities of law can stand in ..... das, j. (chairman)1. this appeal under section 31 of the air (prevention of pollution) act, 1981 (in short 'the air act') is directed against the order dated 8.2.2007 passed by the regional officer of the state pollution control board, cuttack, vide annexure-9, refusing consent to establish the appellant stone crusher unit, i.e., ..... well-being of the common citizens. the statement of objects and reasons for enacting the air act indicates that the presence in air, beyond certain limits, of various pollutants discharged through industrial emissions and from certain human activities connected with traffic, heating, use of domestic fuel, refuse, incinerations, etc., has a detrimental effect on .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
..... was a conflict between the impugned notification of the government of orissa on the one hand and an order of the central government known as the cotton textiles (control of movement) order, 1946 (hereinafter referred to as the central order) and that the said central order should prevail. he further held that the previous sanction ..... ordinarily an offence, rule 121, defence of india rules expressly made preparation also punishable in the same manner as the completed offence. on the other hand, in act xxiv [24] of 1946 there is no provision corresponding for rule 121, defence of india rules and the general pineapples of criminal law which ordinarily render preparation ..... it appears to me that while the word 'transport' may not necessarily bear the same connotation as 'export' if the relevant notification intended to prohibit the very act of carrying the articles (provided of course that the intention was to carry it out of the province), then it should have been expected that the word 'carries .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori71; 26(1960)CLT86; 1961CriLJ541
..... a boulder on the left side edge of the road from bondh at a distance of 15 to 20 cubits ahead of the bus though it was not obstructing the traffic.6. on the facts as stated above (which are proved beyond reasonable doubt) it is clear that the petitioner was mainly responsible for the accident. as the road was admittedly .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... challenged to be illegal and void, was based on the definition of 'newspaper establishment' found in section 2(d) of the act. 'newspaper establishment' is there defined as 'an establishment' under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or ..... electric project, is in orissa. that is to say, the place wherefrom the project is being controlled is in orissa -- the power house which generates electricity is in orissa -- the machinery, works etc. are all in orissa. the act does not contemplate a joint reference by two governments. in fact, no joint appropriate government is contemplated ..... (act xiv of 1947) means :'(i) in relation to any industrial dispute concerning an industry carried oh by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori154
..... shows that notice must be given to the railway administration concerning and not on the central government. section 80 of the railways act which relates to suits for compensation for injury to through booked traffic makes the entire position clear showing that separate entity of the different railway administrations has been maintained. the section further says that ..... traffic passed would be sufficient compliance with section 77 of the railways act that the section also does not lay down that such notice should be given to any particular railway administration such as the ..... . narayana swami iyer v. union of india, (1959) 2 mad lj 479 : (air 1960 mad 58), where it was held that in cases of through traffic where the goods consigned are carried over several railways, one notice to the general manager of any one of the railways concerned in the route over which the through .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori45; 1961CriLJ300
..... a ditch. unless the driver was grossly reckless and lost control over the vehicle, it is difficult to imagine how he could not control it over a distance of more than 40 yards, especially when on the pucca portion of the road there was no other traffic and the mechanism of the truck including brakes and steering arrangements ..... the rule for enhancement of sentence.there the learned chief justice pointed out in considering the question of enhancement one has to consider whether the rash and negligent act of the accused which occasioned death shows callousness on his part, as regards the risk to which he was exposing other persons, and that the severity of ..... default of payment of fine the petitioner shall undergo rigorous imprisonment for a further period of five months. the conviction under section 123/42 of the motor vehicles act is also maintained but no separate sentence seems necessary for this offence. the sentence of fine passed for that offence is set aside.as regards the order for .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori18
..... order or direction by the magistrate or the police for preventing breach of peace or obstructing the highway such other orders under any other statutory provisions for regulating traffic.' on appeal by the plaintiffs, the appellate court held that ext. h the petition of compromise is entirety silent about the terms of the agreement arrived at ..... two temples restricting and regulating each other's right to take procession cannot take away from any party any right that it may have generally subject to police control. thus, it cannot be disputed that whatever might be the terms of a compromise between the parties relating to procession on the public roads, its movement and ..... regulation is always under the control of the magistrate and the police. this is so even though a party had an absolute right of taking processions in a street.8. mr. murthy, learned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori49
..... the public from exploitation by rich moneylenders who would otherwise reduce the tenants to mere landless labourers. thus, in the agency tracts, interest and land transfer act 1917 (now replaced by the orissa scheduled areas transfer of immoveable property (by scheduled tribes) regulation, 1956), there were restrictions on the transfer of lands ..... virtue of paragraph 4 of the state merger governors provinces order of 1949. subsequently the orissa legislature passed the orissa merged states laws act in 1950. section 7 of that act modified she tenancy laws in force in the merged states to the extent indicated therein. clause (b) of that section prohibited the ..... to hill tribes to other persons. similarly, in section 46 of the central provinces tenancy act 1898 (in force in sambalpur district), there were restrictions on the transfer of occupancy holdings and in the chotanagpur tenancy act also there were similar restrictions. these restrictions can be justified as having been based on the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori262; 1964CriLJ696
..... ultimately charge-sheet was submitted by the junior officer and not by p. w. 69 himself. but it is well known that the junior has to work on the direct control and supervision of p. w. 69. it is unnecessary to examine at length all the criticisms urged in this connection. it is sufficient to say that the accused had ..... of the transaction which resulted in his death. neither the cause of balaram's death comes into question. so ex. 19 is not admissible under section 32(1), evidence act, as a substantive piece of evidence. ex. 19 is therefore inadmissible in evidence. the learned sessions judge completely missed this point and did not avert to it in his ..... not the truth of the statement but the fact that it was made. in paragraph 8, however, his lordship observed that the statement is admissible under section 8, evidence act. this observation appears contrary to what was said in paragraph 5. at any rate, if the decision purports to lay down that the statement is admissible under section 8 to .....
Tag this Judgment!