Court : Orissa
Reported in : 95(2003)CLT658; 2003(I)OLR91
..... demand for grant-in-aid. 3. it has, therefore, been decided that the restrictions as indicated below should be made applicable to the aided institutions under your administrative control. (i) all the base level vacancies in the non-teaching posts as on 1.1.2000 shall stand abolished immediately and government shall not pay grant-in-aid henceforward ..... the grant-in-aid order. 1994.3. mr. swain further submitted that it has been held by the supreme court in miss mohini jain v. state of karnataka and ors., air 1992 sc 1858 and in unni krishnan j.p. and ors. v. state of andhra pradesh and ors., air 1993 sc 2178 that the ..... submitted that the petitioner instead of approaching this court under article 226 of the constitution should have first approached the tribunal under section 24-b of the orissa education act as under the said provision the tribunal has the jurisdiction, power and authority to adjudicate all disputes and differences relating to or in connection with the eligibility, entitlement .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori11
..... may be. he submitted that there is thus a difference between a regulation made by the commission under section 181 of the 2003 act on which the house of the legislature has no control and does not adopt resolutions agreeing, modifying or annulling the provision of the regulation and a rule or regulation made under sections 176, ..... important role in the national growth and wealth and where the delegatee is the central government, parliament retained its full control under sub-section (1) of section 28 of the mines and minerals (regulation and development) act, but in the case of minor minerals parliament felt that the subject is of local use and the state government ..... 177 and 178 of the 2003 act by the central government or by the central commission on which the houses of the parliament may adopt .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori109; 103(2007)CLT724; 2007(I)OLR750
..... rules, the state government shall take care to see that the weightage assigned is reasonable and is worked out on a rational basis.(9) mohini jain (miss) v. state of karnataka and ors. : [1992]3scr658 and unni krishnan, j.p. and ors. v. state of andhra pradesh and ors. : [1993]1scr594 :these cases are relied on to ..... rule 20 of the 1975 rules clearly stated that the 1950 rules had been repealed. but the 1975 rules did not apply to the subordinate courts under the control and superintendence of the high court. hence the 1950 rules insofar as they applied to the subordinate courts continued to be in force. the finding of the ..... same terms of employment with same service benefits. the doctors under the public sector undertakings are not within the control of the state government. their position to compete as a direct candidate therefore cannot be found to be an act of discrimination. under such circumstance, unless the state government formulates a policy in their favour, while exercising the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori120; 104(2007)CLT310
..... purpose the court has to consider and the constitutional and relevant statutory provision on which reliance has been placed.55. in a recent judgment in the case of state of karnataka v. c. lalitha reported in : (2006)iillj93sc , the hon'ble apex court again reiterated the aforesaid principles in paragraphs 24 and 25 (para 755 of scc ..... 'ble supreme court in several decisions. reference in this connection may be made to the judgment of the supreme court in islamic academy of education v. state of karnataka : air2003sc3724 wherein in paragraph 139 (scc page 771) the supreme court made it very clear that a judgment is not to be read as a statute. the ..... engineering educational institutions in the last year (2006) has been sought to be abolished under the ordinance, later on replaced by the said act. the said abolition of admission system and the total control of the fee structure are the two principal areas of challenge.6. learned counsel for all the petitioners have challenged the provisions of .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT763; (2008)ILLJ452Ori
..... the hon'ble supreme court held, relying on the decision of the supreme court in the case of secretary, state of karnataka v. umadevi (3) and ors. reported in : (2006)iillj722sc that public appointment cannot be made through back door method ..... and these goods or services are for the business of another, that other is, in fact, the employer. he has economic control over the workers' subsistence, skill and continued employment. if he, for any reason, chokes off, the worker is, virtually ..... cement from central stores regularly by issuing annual passes to them. the contractors are applying for their annual passes and traffic department is issuing passes to them. as they do the loading and unloading in the central stores, they claim to ..... that was a case, which discussed the consequences of a notification under section 10 of the contract labour (regulation and abolition) act, 1970. the learned judges held that as a result of such a notification prohibiting employment of contract labour in a government .....
Tag this Judgment!Court : Orissa
Reported in : 2008(1)OLR443; (2008)15VST296(Orissa)
..... it has been held that providing roads, maintaining roads, good state of repairs are compensatory in nature. highways including national highways, lighting, traffic control, amenities for passengers and halting places for buses and trucks were held to be compensatory in international tourist corporation case (1981) scr 364 ..... automobile transport (rajasthan) ltd. v. state of rajasthan : [1963]1scr491 , jindal strips ltd. (1) v. state of haryana : (2003)8scc60 , state of karnataka v. hansa corporation : [1981]1scr823 , khyerbari tea co. limited v. state of assam : [1964]5scr975 but since the principle laid down in all these cases ..... providing various trading facilities to the trading community of different statutes like the orissa development authority act, 1982, orissa municipal corporation act, orissa municipal act, orissa zilla parishad act, orissa panchayat samiti act, gram panchayat act. under the above mentioned statutes, provisions of the establishment of market place, shopping complex, .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR620; (2008)16VST85(Orissa)
..... various laws providing for setting up of and administration of municipal corporations and municipalities. octroi thus understood was being levied by various municipalities and municipal corporations in karnataka state. since some time a feeling had grown that octroi was obnoxious in character and impeded the development of trade and commerce and there was a clamour ..... special advantage to trade and commerce. the cost of providing and maintaining the roads and bridges etc. is more because of the special needs of heavy vehicular traffic of trade and commerce. the facilities are provided by positive action by the state or its agencies. it is the further case of the state that in ..... or continued in any law for the time being in force;and includes the area within an industrial township constituted under section 4 of the orissa municipal act, 1950 (orissa act 23 of 1950).20. perusal of definition of 'entry of goods' shows entry of goods into the local area either from any place outside that local .....
Tag this Judgment!Court : Orissa
Reported in : 108(2008)CLT463
..... statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of legislature, ..... it has been the practice of the courts to hold such provisions to be directory only the neglect of them not affecting the validity of the acts done.11. a constitution bench of ..... in m/s. rubber house v. m/s. excellsior needle industries pvt. ltd. : air 1989 sc 1160, the hon'ble supreme court considered the provisions of the haryana (control of rent & eviction) rules, 1976, which provided for mentioning the amount of arrears of rent in the application and after placing reliance upon large number of judgments, including bhikraj .....
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 : 2008(II)OLR891
..... is the appellate authority. any aggrieved person can approach the court directly. he has further submitted that the commission of enquiry act provides under section 3 to appoint a commission but it is subject to the control as per list i or list iii of the seventh schedule to the constitution. list ii and list iii do not give ..... governments in list ii or list iii, the state list or concurrent list. the hon'ble apex court in a land mark decision in the case of state of karnataka v. union of india : [1978]2scr1 has, inter alia, held that there is no justification for reading down the provisions of section 3(1) of the commissions ..... the constitution, cannot be changed by a law passed under the legislative provisions contained in the constitution as all legislative acts passed under the power conferred by the constitution must conform to the constitution....in the case of state of karnataka v. union of india (supra) the scope of enquiry involved the functioning of the executive of the state. the .....
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