Court : Orissa
Reported in : 1999(I)OLR46
..... by sub-section (2) of section 104 of the code, which provides that no appeal shall lie from any order passed in appeal under sub-section (1) of the same section, and (ii) that even if appeal under the letters patent was maintainable unaffected by the bar in sub-section (2) of section 104 of the code, the legal position has undergone a change by introduction on section 100-a of the code by the code of civil procedure (amendment) act, 1976 (act ..... since the facts and circumstances dealt with and decided by the hon'ble supreme court were different in some respects, we would proceed to examine the scope of clause 10 of the letters patent with reference to the facts of this case and then proceed to the law as laid down by the hon'ble supreme court in the aforesaid decision which, according to the learned counsel for the appellants, has no ..... 100-a, no further appeal will lie from any decree or order of a single judge in second appeal notwithstanding anything contained in the letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force. ..... in the context of the facts of that case, their lordships in para 40 of the judgment held that clause 15 of the letters patent of bombay reveals two essential ingredients; (i) that an appeal shall lie against any order passed by the trial judge to a larger bench of the same high court; and (ii) that where the trial judge decides an appeal .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR454
..... rules of the high court of orissa, 1948 which reads thus : '2(1) subject to article 12 of the orissa high court order, 1948 every appeal to the high court under article 4 thereof read with clause 10 of the letters patent constituting the high court of judicature at patna from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exerd se of appellate jurisdiction by a court subject to the superintendence of ..... but a statute can bar such an appeal just like section 110a of the code.from the aforesaid decision of the apex court, it becomes clear that when further appeal is barred by any statute, then no letters patent appeal shall lie, unless otherwise provided under the charter, against the judgment rendered by learned single judge of a high court to a division bench.7. ..... speaking for the court dismissed the appeal on the ground that the same was not maintainable observing thus : '........letters patent that if in fact and in law the order made was against the jurisdiction of the high court to act in revision then the matter is open to appeal; that is to say a single judge who purports to exercise the ..... case was taken to the apex court from a division bench judgment of the bombay high court by which that court on the ground of maintainability rejected the letters patent appeal filed against an order passed by a learned single judge of that court in an appeal preferred under order 43, rule 1 (r) of the code. .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)ACC121; 1994ACJ963; 1993(II)OLR11
..... : 1990 acj 550, it was observed by the patna high court that an appeal in terms of sec, 110 of the old act becomes a judgment within the meaning of clause 10 of the letters patent and right of appeal provided under, clause 10 cannot be curtailed unless the same is excluded either by a charter or by statutory provision and since neither finality was given by an appellate order nor right of further appeal ourtailed in any ..... bombay high court which is almost pari matetia with the provisions of clause 10 of the letters patent of the patna high court which is applicable to this court, the apex court observed that trade marks act does not provide or lay down any procedure for future conduct of that appeal in the high ..... and other legislations whereby and whereunder the high courts were constituted, the supreme court concluded that provision of appeal under the letters patent by a high court applies to article 226 of the constitution, (see umaji, keshao meshram and ors. v. ..... 'the aforementioned provision is in pari materia with clause 15 of the letters patent of the bombay high court and similar provisions of the letters patent of different high courts.after a conspectus of various law as to how letters patent came into being with reference to various charters issued by the king or queen from time to time in england, provisions of the high courts act, 1861, government of india act, 1915, and government of india act, 1835 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori7
narasimham, c.j.1. this is an application under article 226 of the constitution by the widow and minor children of the late dr. jagadish chandra dutta of sriram chandra bhanja medical college hospital, cuttack, challenging the validity of order no. 6890-h dated 11-9-1957 (annexure 6) issued by the secretary to the government of orissa, health department to the director of health services, orissa, cancelling a previous order of the government in the same department, no. 335-h dated 11-1-1957 (annexure 2) in which extraordinary pension was sanctioned to the widow and children of the late dr. dutta under rule 10(ii) of the orissa civil services (extraordinary pension) rules (hereinafter referred to as the rules).2. the late dr. jagadish chandra dutta was working as professor of pathology in the sriram chandra bhanja medical college hospital, cuttack.he was a close friend of the then chief minister sri nabakrishna choudhury and was also sri choudhury's family physician.3. in april, 1953 sri choudhury's brother-in-law (wife's brother) sri k. p. sen, was also stationed at cuttack as the director of posts and telegraphs. on 10-4-1953, sri choudhury's wife srimati malatichoudhury, (who is well known public worker of orissa) suddenly fell ill while on tour and she was admitted as an indoor patient in the government hospital at dhenkanal (38 miles away from cuttack) with high temperature. on that day sri nabakrishna choudhury was at bhubaneswar, busy with the session of the orissa .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT328; 2003(I)OLR315
p.k. tripathy, j.1. learned counsel for the petitioners is present. none appears for opposite parties 1 & 2, learned counsel for the petitioners, on the request of court, after verifying the case records, states the service of notice on all the opposite party members has been held to be sufficient.2. in view of the above submission, the civil revision is taken up for disposal at the stage of admission.3. the order impugned in this revision was passed by learned civil judge (jr. division), bhubaneswar on 17.1,1994 in misc. case no. 309 of 1989 by rejecting the application under order 22 rule 4 read with the application filed for setting aside abatement and the confirming order passed by learned 2nd addl. district judge, bhubaneswar in misc, appeal no. 97/10 of 1997/94.4. as it appears from the impugned orders and also from the contention of learned counsel for the petitioners, the sole defendant died on 4.1.1990 at a stage when the suit had been disposed of (being dismissed for default). by then the application under order 9, rule 9, c.p.c. was pending vide misc. case no. 309 of 1989. on 20.4.1990 application for substitution and setting aside the abatement was filed. that application suffered from a delay of 17 days keeping in view the statutory period of 90 days from the date of death as per article 120 of the limitation act. the application was filed within the time provided in article 121 of the said act. petitioner's contention was that he was ill and was under treatment .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT271
..... the object of such review is to weed out persons of doubtful integrity or patent inefficiency from public service.12. ..... the record to be so considered would naturally include the entries in the confidential records/character rolls, both favourable and adverse. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori26
..... matters were heard by a bench of this court, and as my learned brothers differed in their opinion on points of law appearing in the separate judgment of each of my learned brothers, the matter has been referred to me under clause 28 of the letters patent as well as under chapter iii, rule 5 and chapter xiv, rule 8 of the orissa high court rules.2. .....
Tag this Judgment!Court : Orissa
Reported in : 69(1990)CLT132; (1990)IILLJ55Ori
..... the representative of the management has admitted that there were more than 50 employees working under the management in the bidi rolling unit is an error of record; and(e) after the bidi and cigar workers (conditions of employment) act, 1966 came into force, this being a special statute which is applicable to this case, section 31(1) of the act permits ..... (b) there was no material before the court to come to the finding that section 25ffa had any application, as it was the specific case of the management that bidi rolling unit was a separate unit for which closure notice had been duly served on ail the workmen;(c) it was a case of closure and not refusal of employment;(d) the finding of the learned labour court that ..... the specific stand of the workmen was that the town bidi factory and town bidi rolling unit are one unit and in the total industrial concern more than 50 workers were ..... there is also no valid notice justifying the said closure; and(d) so, as a matter of fact bidi rolling section was never closed and the present 19 workmen were only refused employment or, in other words, their services were terminated due to trade union activities and not signing the aforesaid resignation letters to ..... learned labour court has not taken into consideration the provisions of bidi and cigar workers (conditions of employment) act, 1966 and therefore the award is patently illegal and cannot be sustained.4. .....
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR401
..... we may add that it was incumbent upon the committee to consider these facts because the object of review, as observed above, it to weed out persons of doubtful integrity or patent inefficiency from public service: indeed, it is so provided for in the said circular.7. ..... , wherever it recommends premature retirement of an employee, record the reasons of its findings in adequate detail.clause-9 of the circular lays down that the cqmmittee is to consider each case in the light of the entries in the employee's character roll and such other authentic reports as may be available. ..... laid down in the circular dated 24.11.1987 is necessarily to be followed and clauses-7 and 8 therefore, a reference to which is made above, clearly indicate the intention behind the action of premature retirement is to weed out persons of doubtful integrity or patent inefficiency from public service. ..... lacks in,the standard of efficiency required to discharge the duties of the post he presently holds.clause-8 of the circular is also important and lays down that the objective of the review is to weed out persons of doubtful integrity or patent inefficiency from pu.blic service. .....
Tag this Judgment!Court : Orissa
Reported in : [1975]45CompCas76(Orissa)
..... shri dhar : air1960all692 which gives a simple analysis of the situation :' the meaning which should be given to the word ' judgment' in clause 10 of the letters patent of this court and in the corresponding clauses of the letters patent of the other high courts has engaged the minds of judges for close on a hundred years, and has given rise to a divergence of opinion which can now only be resolved by the ..... air 1969 delhi 85 answered the problem thus :' in order to decide whether an adjudication should be treated as a ' judgment' within the meaning of clause 10 of the letters patent, we feel that regard should be had not to the form of the adjudication, but to its effect upon the suit or the civil proceeding in which it is made. ..... objection is on the basis that the impugned order is not a ' judgment ' in terms of clause 10 of the letters patent of the patna high court and, therefore, no appeal lies against it before a bench of two judges of the same court ..... our conclusion is that the impugned order is a ' judgment ' and an appeal under clause 10 of the letters patent of the patna high court read with clause 4 of the orissa high court order is maintainable before a division bench of ..... indicated what the essential features of a 'judgment' are according to both the calcutta and the madras high courts and all that we need say is that, in our opinion, an order under clause 13 of the letters patent does not satisfy the tests of a ' judgment' as formulated by either of these high courts. .....
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