Court : Orissa
Reported in : 2009(1)OLR58
..... the order of the court martial reads as follows:the court having found the accused lieutenant swapan kumar mishra (02839 a) guilty of two charges under section 54(2) of the navy act, 1957 one charge under section 406 ipc read with section 77(2) of the navy act, 1957 adjudges the said lieutenant swapan kumar mishra (02839 a) to suffer six (6) calendar month's rigorous imprisonment as a class a prisoner, to be dismissed from the naval service and to suffer the consequential penalties ..... of seniority in rank in the case of officers;(g) forfeiture of time for promotion in the case of subordinate officers;(h) dismissal from the ship to which the offender belongs;(i) disrating, in the case of subordinate and petty officers and persons holding leading rates;(j) fine, in respect of civil offences;(k) mullets of pay and allowances(l) severe reprimand or reprimand(m) forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and all annuities, pensions gratuities ..... the regulations, however, stipulate that what would be the quantum of pension payable to such person has to be decided by the central government in the facts and circumstances of the case ..... court after hearing the learned counsel for the parties came to the conclusion that a person who faced order of dismissal simpliciter was entitled to claim pension; whereas a person who is dismissed from service with disgrace had no right to claim pension under regulation 15(1) of the navy pension regulations, 1964. .....
Tag this Judgment!Court : Orissa
Reported in : 708(2005)CLT100; 2005(II)OLR686
..... the conclusion of the collector that the petitioner had more than two children on the date when she filed the nomination to contest as a ward member and was, therefore, disqualified under section 25 (1) (v) of the act is based on the reports of the district inspector of schools, puri, sub inspector of schools, kanas block, district inspector of schools, khurda, certified copies of school registers and school leaving ..... we are of the view that a person against whom allegations are, made under section 25 of the act and the collector concerned proposes to proceed against him under section 26 of the act, such person should be provided with the particulars of allegations made against him and when an oral hearing is conducted by the collector, he must be allowed to call witnesses, make ..... sub-section (1) of section 26 of the act is required to make such enquiry as he considers necessary and thereafter, give the person an opportunity of being heard before determining whether or not such person is ..... that though section 26 of the act empowers the collector to decide as to whether the sarpanch, naib sarpanch or any other member of a grama panchayat is disqualified from holding such post but such decision can only be taken after a proper enquiry and after giving the person concerned an ..... a person is elected as a representative of a section of the inhabitants of a grama sasan by the will of the people and while unseating such a person, the procedure prescribed under the act, to do so, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... 5177-d dated 3-5-1947 was published in an extraordinary issue of the orissa gazette the notification reads:'in exercise of the powers conferred by sub-section (3) of schedule , orissa house kent control act 1947 (act v [5] of 1947), the governor of orissa is pleased to direct that it shall come into force in the areas specified in the schedule annexed hereto on the date of this notification ..... to avoid this, it has been suggested on the other side that the phrase 'continuing in possession after termination of she tenancy otherwise than under the provisions of this act' in the definition of the word 'tenant' must be taken to mean a person continuing in possession until evicted under the provisions of the act and that the termination 'contemplated is only by the actual eviction. ..... 133, schedule , it was provided that every person who held or thereafter should hold a commission or warrant as surgeon or assistant surgeon in his majesty's navy or army, should be entitled to practise as an apothecary in any part of england or wales without having undergone the examination or received the certificate required by a previous statute ..... the question arose whether the certificate of the plaintiff who had not passed the requisite examination, but who held a warrant as assistant surgeon in the navy during the period when the expired act was in force enabling him to practise as an apothecary continued valid after the expiry of the act and it was held that it did so continue to be valid. in 96 e. r. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori120; 2000(I)OLR430
..... the sarpanch was in custody he should have been treated as continuously absent or incapacitated for more than 15 days and in such case either the naib sarpanch or any other person or any other member as envisaged in sub-section (4) of section 21 should have taken charge of the officer. ..... the basis of the said report, the collector, khurda exercised his power under section 115 (6) of the panchayat act and removed him from the office of the sarpanch.3. ..... was arrested on february 26, 1999 in connection with the investigation of a criminal case in which he was an accused and remanded to jail custody till march 11, 1999 and thereafter again till june 14, 1999. ..... writ petition, the petitioner has assailed an order passed by the collector, khurda removing him from the office of the sarpanch, baghmari grama panchayat in exercise of power conferred by sub-section (6) of section 115 of the orissa grama panchayat act, 1964 (hereinafter referred to as 'the act') as communicated by memo no. ..... before exercising the power under sub-section (6) of section 115 of the panchayat act, the collector is required to form an opinion that the sarpanch was in a position to convene the meeting of the grama panchayat but did not deliberately convene such meeting within a period of three continuous ..... again and again been pointed out that the prescribed authority exercising penal powers should apply his independent mind and should not mechanically act upon a report obtained from or through the subordinate officers. .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT17
..... the further contention on behalf of the petitioner is that in view of several other provisions made under the new act providing sufficient checks against the lapses on the part of the members, naib-sarpanch and sarpanch of a grama panchayat, enactment of section 24 of the new act providing removal of sarpanch by a vote of 'no confidence' by the ward members is contrary to the spirit of self-government conceptualized under article 40 of the constitution of india and results in giving unfettered ..... the rival contentions raised by the parties have no hesitation in coming to the conclusion that there is absolutely no ground to strike down the provision of section 24 of the orissa grama panchayat act, 1964 as either ultra vires the constitution or unreasonable and discriminatory. ..... removal of a sarpanch by vote of 'no confidence' by the ward members as provided under section 24 of the new act is unconstitutional, discriminatory and contrary to the democratic principles. ..... :(1) every grama panchayat shall be composed of the following members, namely :(a) a member to be elected by the persons referred to in sub-section (1) of section 4 from amongst themselves who shall be the sarpanch. ..... mishra, further submitted that section 24 of the new act runs contrary to the legislative intention in enacting the orissa grama panchayat act, 1964, the sole purpose of which is to give administrative power to the inhabitants of grama at the grass-root level for strengthening democratic system in the .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT402
..... learned counsel appearing for the petitioner drew attention of the court to section 24(2)(h) of the orissa grama panchayat' act and submitted that no meeting fixed for holding vote of no-confidence against sarpanch or naib-sarpanch can be adjourned to a subsequent date and if such a meeting could not be held on the date fixed, for one year ..... the only ground in this writ application is that under section 24(2)(h) of the orissa grama panchayat act, 1964 once a meeting is fixed to a particular elate, same cannot be adjourned and therefore the impugned order in annexure-4 ..... meeting was not at all held, we are of the view that the section 24(2)(h) of the act has no application to the facts of the present case.5. ..... , reported in air 1968 ap 22 a similar question arose and the court held as follows :'xxx an adjournment is the act of postponing meeting of any private or public body or any business until another time or indefinitely in which case it is an adjournment sine die: this expression also applies to the period during which the meeting or business ..... said provision runs as follows :'in convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject, however to the following provisions, namely : *** *** ***'no such meeting shall stand adjourned to a subsequent date and ..... was placed by the learned counsel for the petitioner on section 24(2)(h) of the orissa grama panchayat act, 1964. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori32
..... dehuri sarpanch of sarasara gram panchayat in the district of phulbani had in the opinion of the state government wilfully omitted, refused to carry out and disobeyed several provisions of the orissa gram panchayat act, 1948 and the orissa gram panchayat rules, 1949, and lawful orders issued thereunder and abused the powers vested in him as will appear from the following instances: he has been vigorously carrying ..... legislature has thus made it absolutely clear that the gram panchayat's power to impose a tax under section 44 of the act is subject to rule 121 which requires that imposition of a tax must be determined by a resolution ..... the government's point is that the petitioner was carrying on subversive activities to frustrate one of the main objects of the act, namely imposition of panchayal tax--that the essence of the matter is that the petitioner by propaganda was preventing the very passing of a resolution for levy of panchayat tax in the gram panchayat ..... in such a case no doubt can be entertained that the intention to he attributed by inference to section 44 read with rule 121 is that the provisions are imperative because the whole aim and object of the legislature would be plainly defeated if the command to impose a tax in a particular manner did not imply ..... any person removed from the office of the sarpanch or naib-sarpanch under sub-rule (b) of rule 35, panch or president of an adalati panchayat under sub-rule (b) of rule 37 and a member of the gram panchayat removed under .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori94; 30(1964)CLT386
..... the application dated 15-2-1962, is within limita-tion.the mistake committed by the learned munsif in caning upon the plaintiff to pay the court-tee by overlooking me provisions of section 11 of the court-tees act, is not an error apparent on the face of the record. ..... i am satisfied that no court-fee is leviable on an application for review of the judgment or the decree by a person who has been permitted to sue as a pauper.under order 47, rule 4 (2), proviso (a), where the court is of opinion that the application for review should be granted, it shall grant the same, provided that no such application shall be ..... chandra sekhar, air 1961 orissa 111 that the expression 'mesne profits', as defined in section 2(12), c.p.c.is restricted only to those profits which are derived by aperson in wrongful possession of property belonging toanother. ..... the amount should nave been incorporated; but in view of the section, the decree could not have been executed until the court-tee had been paid. ..... this case directly comes within the first part of the section which lays down that the decree can be passed even without payment of court-fee : but the decree shall not be executed until the difference between the fee actually paid and the fee ..... lays down that any person considering himself to be aggrieved by a decree or order from which an. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori205
..... the principle underlying the disqualification contemplated under the aforesaid provisions of the constitution and under section 10(9) (c) of the act is that there shall be no conflict between the duties of a member of the grama panchayat or a member of the state assembly or parliament, as such, and his private interest, and that indebtedness of such a person to government or to any local authority is incompatible with his independence as a representative of the ..... in the light of aforesaid decisions and the discussions, the petitioner cannot be held to be a person holding any office of profit within the meaning of section 10 (9) (c) of the act so as to disqualify him to contest for the election of or to hold the office of ..... the licence shall take effect from the date of issue.rule 5(2) says that in granting the licence under sub-rule (1) the persons, who on the date of the issue of the licence have been carrying on the work of the deed writers, if they apply under rule 4 and fulfil the conditions specified in that rule, shall be given preference. ..... the ground inter alia, that the present petitioner being a deed writer registered under the orissa licensing oe deed writers rules, 1950 (hereinafter referred to as 'the rules'), holds an office of profit within the meaning of section 10 (9) (c) of the orissa gram panchayat act, 1949 (hereinafter referred to as 'the act') and as such, he is not eligible to be elected as sarpanch.the election officer directed sri. b. ..... rao, air 1957 mys 79. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori69; 17(1951)CLT97
..... learned magistrate writes :'when this case came on transfer to my court, the accused persons got another opportunity for demanding the resummoning and rehearing of the p. ..... he recorded an order to this effect:'the accused persons pray that the accused dibyasingha jena, who is dead, wanted de nivo trial, when the case was transferred to mr. ..... because all that had taken place before the joint magistrate had been superseded and formed not part of the record in the proceeding then actually pending and being prosecuted as against the accused, and that as a consequence, the joint magistrate coming back to the district , had no authority or jurisdiction to act on the record of the proceedings which had basis antecedently taken before him, the result being that the ..... the petitioners have been convicted under sections 380 and 418, penal code, for having entered into a house and carried away the stock of paddy and other properties stored ..... what circumstances the prosecution witnesses had been cross-examined and whether from the defence standpoint, it would not be prejudicial to deny the prayer for further cross-examination which was permissible under section 257, criminal p. c. ..... refused the right to cross-examine the prosecution witnesses under section 257, criminal p. c. ..... to establish that the effect of wiping out the proceedings occurs only where the magistrate of his own accord decides to recommence the enquiry or trial under section 350 (l), criminal p. c. ..... on reading section 350, criminal p. .....
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