Court : Orissa
Decided on : Jun-25-1992
Reported in : AIR1992Ori242; 74(1992)CLT927
Hansaria, C.J.1. Working women of India. What is the extent of right conferred on them by Article 21 of the Constitution is the main point for our consideration in this case? The expanded meaning being given to the word 'life' as embodied in this Article has required this consideration. Maneka Gandhi's case, AIR 1978 SC 597, paved the way for this journey which is still continuing. The other legal point we shall have to examine is whether they can enforce their right under the aforesaid Article against the opposite parties by approaching a writ Court.2. Article 21 has been described by Bhagwati, J. (as he then was) in Francis Coralie v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746 as 'most fundamental of Fundamental Rights'. (page 750). At page 752, it was stated that the 'fundamental right to life ........... is the most precious human right and ............ forms the are of all other rights'. In this connection, we may also note the following observations made by Path...
Tag this Judgment!Court : Orissa
Decided on : Aug-25-1992
Reported in : AIR1993Ori123; 74(1992)CLT772; 1993(I)OLR273
Hansaria, C.J.1. A proceeding under the Orissa Public Demands Recovery Act, 1962 (hereinafter, 'the Act') was initiated against the petitioner for realising a sum of Rs. 8,000/- said to be due as per Rule 34 of the Orissa Forest Contract Rules, 1966 (hereinafter, 'the Rules'). This sum was sought to be realised on these facts:--The petitioner, who is a forest contractor, took part in an auction which was held for selling West Baruni Coppice Coupe No. 5 of Divisional Lot No. 17, His bid was of Rs. 12,100/-. The sale was knocked down in his favour, and he was called upon to deposit the security money. But instead of depositing the amount, he fled away from the auction hall and thus made the sale ineffective. The Divisional Forest Officer, Athmallik, thereafter, in pursuance of paragraph 10(a) of General Conditions of Sale, quashed the auction sale and resold the coupe in a fresh auction which fetched Rs. 4,100/- only. The shortfall, therefore, came to Rs. 8,000/-, and it is this amount f...
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1992
Reported in : 74(1992)CLT837; 1993(I)OLR4
A. Pasayat, J.1. Petitioner Calls in question legality of the order passed by the Additional District Magistrate, Sundargarh, declaring that the petitioner has not successfully proved his claim over plot Nos. 537/1 and 538/1 measuring 2 acres and was in unauthorised occupation vide his order dated 17-11-1982 in Revenue Appeal No. 30 of 1980 (Annexure-4 to the writ application). The further direction was for restoration of the aforesaid plots to Lalindra Gand (opposite party No. 1). Penalty was imposed on the ground that the petitioner was an unauthorised occupant of the land.2. The background facts are as follows :Two plots of land measuring 2 acres bearing plot Nos. 537/1 and 538/1 Khata No. 71 at village Japanga was Kalo Jagir land. 'Kalo' is the local term for village police. By Orissa Offices ot Village Police (Abolition) Act, 1964, (hereinafter referred to as the 'Act') all offices of village police in the State of Orissa were abolished. Under Section 3(1) (a) of the Act all Jagir...
Tag this Judgment!Court : Orissa
Decided on : Sep-15-1992
Reported in : 1993CriLJ442; 1992(II)OLR395
..... as a special court vesting some special power in it so as to secure a more expeditious trial of the cases. it is of course true that the transitional provision, section 36-d of the act, do not come into any aid so far as this aspect ..... interpreted according to their plain meaning. there need be no meek and mute submission to the plainness of the language. to avoid patent injustice, anomaly or absurdity or to avoid invalidation of a law, the court would be well justified in departing from the said rule of ..... , the state is under an obligation to provide lagal assistance. that is the mandate of art. 21 read with art. 39(1) of the constitution of india.'viewed in this context, the observations made by the supreme court in air 1986 sc ..... held that a person must be told by the magistrate or the court that he has a right to free legal service at the cost of the stale. the backdrop in which the decision was rendered is markedly different and the observations in that case have no application to the facts ..... appellate jurisdiction) act 1970 the power of the supreme court to frame rule under art. 145 of the ,constitution to the extent of annulling the rights, conferred under an act of the parliament and whether an appeal, under the aforesaid, act could be dismissed summarily ..... act(ii) the views expressed by two learned single judges of this court, i e. in bidyadhar dolai v. the state, (1992) 6 ocr 31. decided by hon'ble l. rath j. and in satyabrata @ sarat mallin and anr. v. state, 73(1992) cl .....
Tag this Judgment!Court : Orissa
Decided on : Nov-25-1992
Reported in : AIR1993Ori238
Hansaria, C.J. 1. Whether Section 29 of the State Financial Corporations Act, 1951 (for short, 'the Act') is in the nature of a 'Henry VIII Clause', as contended by the petitioners, or discharges the function of a 'catalyst in the process of industrialisation', as is the case of the opposite parties, is the question needing our determination in this batch of petitions which have been taken up at the first instance for deciding the vires of the section.2. The attack on vires is mounted on the anvil of Article 14 of the Constitution. To put the arguments in a nutshell, the same is that Sections 29 and 31 (or for that matter, Section 32-G) of the Act operate in the same field and the former being harsher than the latter and there being no guidance as to which provision should be invoked in which case, Section 29 has conferred arbitrary power on the Corporations and is, therefore, violative of Article 14 of the Constitution. To answer this, we have to sec the following:--(1) Whether the af...
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