Court : Orissa
Reported in : AIR1952Ori11
..... municipality; or(xi) is a government servant either whole-time or part-time or has been dismissed from government service; or(xii) has been sentenced by a criminal court to transportation or to imprisonment for a period of more than six months for any offence, other than an offence of a political character, or an offence not involving moral delinquency (such .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
..... article 12 of the constitution defines 'state' which includes the parliament and other authorities. in this connection, he relies on the decision of the supreme court in central inland water transport corporation ltd. v. brajo nath, air 1986 sc 1571, wherein it has been held that article 12 uses the word 'includes'. it thus extends the meaning of the expression 'the ..... to narrow down this meaning in the context in which the words 'other authorities' are used in art. 12 of the constitution.'this has been followed in central inland water transport corporation ltd. v. brojo nath, air 1986 sc1571. in para 24 of the judgment, the supreme court has observed'article 12 defines the expression the state' while the other articles .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori58
..... (appellant before the tribunal) without deciding whether the rejection of the application for grant of a temporary permit was good or bad. judicial practice does not countenance such a situation. 4. the state transport authority on realisation of the fact that there was demand for public conveyance on the route had granted two temporary ..... has to be judged in the matter of making of temporary arrangement pending the appeal, the greater good of society -- the travelling public at large -- should first be taken into account and without ensuring adequacy of provision for transport facility, steps should not have been taken to have the vehicles withdrawn from the routes. 5 ..... appellate authority insisted upon enforcement of the terms of the ex parte order as a condition precedent to considering alteration. the grievance made by the state transport authority was both in law and on facts and if the appellate authority had applied its judicial mind at that stage, the situation could have been .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... was made to charanjit lal v. union of india, air 1951 sc 41; satya narayan v. district engineer, air 1962 sc 1161; state of haryana v. haryana co-operative transport limited, air 1977 sc 237; and b. r. ramabhadraiah v. secretary, food and agricultural department, air 1981 sc 1653. in all the above cases, the apex court had ..... source of jurisdiction. they are to be exercised in aid of a jurisdiction that is already vested. the learned judge said that this view appeared to be both 'good sense and good law'. (see paragraph 140).30. from what has been stated by the majority, it may be assumed that every court has inherent power to recall its order ..... stated in paragraph 106, after referring to articles 21 and 47 of the constitution, that the privilege doctrine has not conferred right to the state to trade in goods obnoxious to health. the following observations finding place in that paragraph are partinent;'it sounds contradictory for a state which is duty bound to protect human life, which is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori205; 40(1974)CLT681
..... -10-1972, the earlier resolution has been superseded. a year's time has been allowed for replacement of such vehicles. 3. learned standing counsel of the transport department relying on the later resolution raised a preliminary objection saying that the impugned resolution stood superseded and the petitioner had, therefore, no grievance in the application to ..... from the road merely because it is 10 years old? again, if a 10 years old vehicle has been completely re-conditioned and is in a very good and working state, should it be kept out of the road merely because it is already 10 years old? these certainly are situations where, if the convenience ..... . 7. now we shall deal with the attack of the petitioner against the impugned resolution. the material portion of the resolution reads thus:-- '......... the regional transport authority decided that all the stage carriages and contract carriages plying irrespective of the length and nature of the routes in this region, which are ten years old .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ1762; 1995(I)OLR143
..... material against the petitioner is the extra-judicial confession made by the co-accused (occupants of the vehicle) stating that the petitioner had sent them to sileru for procurement and transportation of ganja. in this connection, he has referred to the fir and the statements of k. n. sahu. constable and dr. b. k. prusty, medical officer, recorded under section 161 ..... it was known that the petitioner is the owner of the vehicle. the occupants told the officer-in-charge that the petitioner had sent them to sileru for procurement and transportation of ganja. on the aforesaid allegations, the officer-in-charge drew up plain paper fir and as it revealed a cognizable case under section 20(b)/25 of the act .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori31; 17(1951)CLT53
..... have set forth his contention above. its merit hinges upon whether delegation with reference to transport from north side to to the south of. the river stands good in relation to the baa of transport from the right side to the left.11. the course of a river is, ..... to the west. the contention, therefore, is that when, as is in the present case, the place of origin of the transport is to the eastern side of the particular sector of the river concerned and the destination is to the western side thereof, no offence ..... 50 in default to undergo rigorous imprisonment for a further period of two months.2. on 16-6-1948. he was attempting to transport by toad in lorry (no. work 139) 12 maunda and 17 lbs. of rice in small gunny bags which were kept concealed ..... offence in law for lack of delegation to the provincial government by the the central government of the power of banning transport, his conviction cannot be held determined by his plea, we have, therefore, to consider the contention of the learned .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2909; 2008(I)OLR666
..... , or of any rule, notification or order made, issued or given, or of any licence, permit or pass granted under this act-(a) imports, exports, transports, manufactures, collects, possesses or sells any intoxicants. xx xx xxhe shall, on conviction(i) for the offence, other than any offence under clause (c), be ..... and 85-a of bihar and orissa excise act. for convenience, the aforesaid sections are extracted below:the kerala abkari act8(1) prohibition of manufacture, import, export, transport, transit, possession, storage, sales, etc. of arrack:-no person shall manufacture, import, export, without permit transit possess, store, distribute, bottle or sell arrack in ..... commercium'. the act prohibits dealing with the said commodity except by way of a licence on the terms and conditions mentioned therein. illegal manufacture, possession, transport, export etc. have been brought within the purview of the penal provision contained in section 55 of the act. various new provisions have been introduced by .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori171; 1970CriLJ1254
..... generality of the powers conferred by sub-section (1), an order made thereunder may provide--x x x x x(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption, of any essential commodity;x x x x x(h) for collecting any information or statistics with a view to regulating or prohibiting any .....
Tag this Judgment!Court : Orissa
Reported in : (1977)ILLJ363Ori
..... the workman of the employer and is entitled to the benefits due to him under a pre-existing contract cannot be made under section 33c(2). in central inland water transport corporation limited v. the workmen and anr. : [1975]1scr153 , their lordships have observed that:12. it is now well-settled that a proceeding under section 33c(2) is a proceeding .....
Tag this Judgment!