Court : Orissa
Reported in : AIR1968Ori129; 34(1968)CLT437; [1968(17)FLR402]; (1968)IILLJ526Ori
..... nor has any special or general order been issued excluding them from the purview of the scheme. the departments which are included in annexure 1 comprise of the traffic department and the central-repair shop, besides many others, and also includes timekeepers and time-checkers. these classes of employees and departments obviously come under the non ..... there as follows: ''the jurisdiction of high court to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it, is not entitled to act as an appellate court. this limitation necessarily means that findings of fact reached by the inferior court or tribunal as a result of appreciation of evidence cannot be ..... , both oral and documentary. after conclusion of the hearing, the tribunal gave its award dated 31-3-65 and in pursuance of section 17 of the industrial disputes act, 1947, the said award was published in the orissa gazette part vii. dated 30-4-65. 5. before the tribunal, various contentions, both legal and factual, .....
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Reported in : AIR1973Ori116
..... of the phrase in article 19(2) of the constitution cannot be imported into construction of 'public order' as a legislative head of power.the. act essentially deals with the subject-matter of 'religion' and its provisions do not indeed relate to 'public order'. learned government advocate has experienced some amount ..... enumerates elaborately the topics on which the centre and the states could legislate, some overlapping on the fields of legislation is inevitable. the british north american act, 1867. which established a federal constitution for canada, enumerated in sections 91 and 92 the topics on which the dominion and the provinces could respectively ..... tribes, the punishment shall be imprisonment to the extent of two years and fine upto ten thousand rupees.' section 5 makes any offence under the act cognizable and section 6 makes prosecution conditional upon sanction of the prescribed authority.counsel for the petitioners have conceded during argument that christianity does not approve .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
..... hampered by any such old fashioned notions regarding the sanctity of engagements. ............'courts uphold the sanctity of engagements and unless required either expressly or by necessary implication to act otherwise, compel parties not to wriggle out of solemn engagements. (see randolph v. milman, (1868) 4 cp 107; western counties railway co. v. windsor ..... shall not, as far as practicable and after taking credit for any subventions from the state government under section 63, carry on its operations under this act at a loss, and shall adjust its charges accordingly from time to tune: provided that where necessary any amounts due for meeting the operating maintenance ..... petitioner to draw energy from the thermal source.8. the board had tried to justify its action by relying on several provisions of the act. the preamble of the act indicates the purpose of the statute to be provision for 'rationalisation of the production and supply of electricity and generally for taking measures conducive .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori224; 42(1976)CLT1129
..... each other for the first time as they were heading to the intersection; the speed of the respective vehicles; the blowing of the horn; steps taken to control the respective vehicles; care and caution exercised for avoiding the collision et cetera are material features. the mortor-cyclist on account of death is not available. the ..... any authority authorised in this behalf by the state government may, by notification in the official gazette or by the erection at suitable places of the appropriate traffic sign referred to in part a of the ninth schedule, designate certain roads as main roads for the purposes of the regulations contained in the tenth schedule.' ..... ultimately succumbed and swain suffered injuries but survived. the motor car had been insured with the orissa co-operative insurance society limited as required by the motor vehicles act. two independent claim cases were filed before the motor accident claims tribunal, puri -- one by the widow and the major son of mukherjee and the other .....
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Reported in : AIR1980Ori122
..... state government; (ii) any road transport corporation established under section 3 of the road transport corporation act, 1950 (54 of 1950); (iii) (omitted by act 56 of 1969); (iv) any municipality or any corporation or company owned or controlled by the central government or one or more state governments or by the central government and one ..... are wholly misleading. in col. 6, the particulars disclosed are. 'three scheduled trips as in col. 4 (b) above. more trips may be performed according to traffic demand'. the comment is that under col. 4 (b) particulars published regarding number of daily trips are vague since against that column it has been stated, 'three ..... as against this column it is mentioned, 'one or more according to necessity. buses on contract or reservation basis as per rules shall be provided according to traffic demand'. it is clear, therefore, that the scheme does not make any provision for contract carriages freely available to be hired by the intending passengers. thus, .....
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Reported in : AIR1983Ori54
..... being mechanical, inapt and unjust. these are aspects within the legislative domain, and challenge before us cannot succeed. besides, the basic structure of the act (excepting the subsequent amendments) enjoys the umbrella of protection of article 31-b of the constitution having been included in the ninth schedule of the ..... the supreme court was drawn to various hypothetical situations giving rise to inequitable and anomalous positions. the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 contained almost similar artificial definitions and a provision for clubbing of lands held by members comprised in the 'family unit'. the constitution bench speaking through ..... the provisions relating to ceiling and disposal of surplus lands. for the purpose of the chapter, the most important part relating to agrarian reforms in the whole act, two expressions have been defined in section 37:--'37. in this chapter,-- (a) 'person' includes a company, family, association or other body of .....
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Reported in : AIR1983Ori210
..... the familiarity with the local problem so necessary for making a wise decision, with respect to raising and disposing public revenues ......... ... ....'(see air 1975 sc 594, state of karnataka v. d. p. sharma. 'it is well recognised that a legislature does not have to tax everything in order to tax something. it can pick and choose districts ..... may be specified by the state government in the lease;'12. it was contended that royalty was tax and the parliament having taken over control by declaration in section 2 of the central act of 1957 to levy royalty in the field of mining and mineral development, the power, of the state legislature to impose tax was over ..... interest entry 23: regulation of mines and oil fields and mineral development subject to the provisions of list i with respect to regulation and development under federal control.the entries have been kept intact in the constitution and are as follows:--entry 54--list-i-'regulation of mines and minerals development to the extent to .....
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Reported in : 1985(I)OLR504
..... sanction the prosecution of the appellant and even otherwise the prosecution of the appellant was invalid owing to want of valid sanction as required by section 6 the act. mr. a. rath, the learned additional standing counsel has, however, submitted that there had been no infirmity in the prosecution evidence which conclusively established the ..... payer's lips carry little conviction in the absence of reassuring support. we hope the authorities in charge of cleansingour public sector corruption will view each detected act as symbolic of chain scheme and symptomatic of a deeper systematic malody and not as an isolated aberration of a dalinquent official. a massive purge, not ..... accept the uncorroborated testimony of these two accomplices, namely, p. ws. 2 and 8 and the court would require corroboration from independent and reliable sources before acting upon the statements of these witnesses.16. i must, however, keep on record that the above observations have been made by me, on the basis of .....
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Reported in : 1986(I)OLR201
..... therefore, threatened to disconnect the electric supply and ultimately disconnected the line on 30-12-1976. the appellant filed an application under section 20 of the arbitration act invoicing the arbitration clause of the agreement and the said application was numbered as o. s. no. 127 of 1977. before the learned subordinate judge the ..... to review the arbitrator's conclusion or findings if he has acted within his authority and according to the principles of fairplay. the object of the arbitration act, in substance, is to oust the jurisdiction of the normal courts except for the purpose of controlling the arbitrator and preventing misconduct. a court in an application ..... under section 30 or section 33 of the arbitration act cannot make sifting investigation and normally the court should not set aside an award where the parties .....
Tag this Judgment!Court : Orissa
Reported in : 61(1986)CLT30; 1986(I)OLR14
..... revenue officer is of the opinion that the restoration of the property is not reasonably practicable, he shall record his reasons therefor and shall subject to the control of the government settle the said property with another member of a scheduled tribe or in the absence of any such member, with any other person in ..... a sale to non-scheduled caste and non-scheduled tribe person.sub-section (4) of section 22 categorically provides that no registering officer appointed under the registration act, 1908 shall register any document of sale unless such document is accompanied by the written permission of the revenue officer or such transfer.5. the facts ..... time in january 1966 possession was delivered to the opposite parties. being aggrived by that order, the petitioner' father preferred an appeal under section 53 of the act before the additional district magistrate, kalahandi, registered as revenue appeal case no. 5 of 1975. the learned additional district magistrate, opposite party no. 5 by a .....
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