Court : Orissa
Reported in : 104(2007)CLT120
..... every year furnish their respective annual budget estimates for the coming year to the director along with copies of the resolutions of the respective general councils/council adopting the said budget estimates.rule 5-the budget estimates on the expenditure side shall provide for (i) pay and allowances of the establishment ..... 1990 and other regulations and instructions issued under the orissa universities act, 1989 of the statutes thereunder (as amended from time to time) relating to contributory provident fund, general provident fund, pension, gratuity and other ..... such detailed procedure as may be determined by the committee in consultation with the government.4. adoption of the provisions under the orissa universities act for the employees of the academic- (i) subject to the provisions contained hereinbefore, the provisions contained in the orissa universities final statutes, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori176; 34(1968)CLT594
..... expired.9. on august 12, 1965 in exercise pi the powers conferred by section 19 (in chapter iii constitution and composition of state councils) of the act, the orissa state government constituted the state council of pharmacy consisting of thirteen members including the director of health services and drugs controller of orissa as ex-officio member and the petitioner as ..... one of the members on april 12. 1966 the petitioner was elected president of the council under section 23 of the act from among the members thereafter, the petitioner, as president wanted charge of that office to be handed over to him by the opposite party no ..... had expired but he (opposite party no 2) withheld handing over charge.10. in orissa, as already stated, the first state pharmacy council was constituted under section 23 (in chapter iii) of the act on december 30, 1959, that is, at a point of time when chapter iii had not come into force in orissa and also .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori132
..... oath, and requiring the discovery and production of documents are a valuable safeguard for the personsaffected. so is the provision for appeal ....................'9. the provisions under the act are more liberal. the application is to be filed before a district judge and an appeal lies to the high court. the entire civil procedure code is to be ..... recourse is taken to a civil suit it would be filed in a competent court of lowest jurisdiction. a subordinate judge has unlimited pecuniary jurisdiction. under the act without filing an application before a subordinate judge it would be filed before the district judge. if the valuation of the application is less than rs. 5, ..... be applied thereto. that means the whole of the civil procedure code would apply excepting the provisions which would be inconsistent with any of the provisions prescribed in the act.under section 32(7) the district judge may pass any order as he thinks fit. he may confirm the order of attachment and direct the sale of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... section 5 prescribed as 25 per centum of the annual value of the lands was substituted by 50 per cent. the orissa cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained therein.3. the petitioners hold mining leases granted by the state of orissa under the provisions ..... the cess is not by an independent assessment. it is an arithmetical calculation based on the result of assessment under other act or acts,........'in the case of ramchand maroti v. malkapur municipal council, air 1970 bombay 154, it was urged that no machinery had been provided for the manner of levying and calculating the ..... will not make the fields of legislation under the two entries overlapping.......' in ramchand maroti mandwale v. malkapur municipal council, malkapur, air 1970 bom 154, the maharashtra legislature enacted the maharashtra education (cess) act of 1962 which created a fund for the promotion of education in the state of maharashtra and, for connected .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... of detention to him or to look at the order of detention. in the light of the view expressed, clinical dissection of rival stands and/or materials pressed into service therefore, when infraction of procedural safeguards is alleged, is impermissible and unwarranted.8. it is to be borne in mind that while exercising power under ..... whether the rules have been strictly observed, that doubt must be resolved in favour of the detenu.'in the case the detenu's release was directed. in air 1978 sc 527 (babu singh and ors. v. the state of uttar pradesh) which arose out of an application for bail in a pending appeal before the supreme ..... listen attentively to what legislature does not. say. when construing statutes enacted in the national interest, we nave necessarily to take broad factual situations contemplated by the act and interpret its provision so as to advance and not to thwart the particular national interest whose advancement is proposed by the legislation. (see life insurance corporation of .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
..... defined, shall be those of the house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have right to speak in ..... before any authority in india except the supreme court and the other high courts.'articles 79 and 80 refer to the constitution of parliament and composition of the council of states. article 84 prescribes the qualification for membership of parliament. article 99 provides the oath of affirmation by the members of parliament. article 102 lays down ..... interest. the submission of the respondents that specific issue of fraud having not been pleaded in the election petition cannot be allowed to be urged, cannot be pressed into service to suppress a wrong coming to light and to protect a fraud on the election process. it is further submitted that admittedly there was cross-voting .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT107; 2002(I)OLR574
..... petitioner has, inter alia, prayed for direction (i) to the state govt. to take action under section 401 of the orissa municipal act, 1950 (in short 'the act'); and (ii) to the all india council for technical education (in short 'aicte') to withhold approval to establish the engineering college and to quash the same if already granted.learned ..... rights under part - iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saving clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self-defence a ..... govt. in 1952-53 on municipal land to hold public meetings and that the state govt. had handed over the said building to the municipality in 1978-79 and since then the municipality is only controlling and managing the building. the same fact is also admitted by the chairman of the corporation in paragraphs .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... thus:(i) the governor in his individual judgment was the appointing authority of district judges. (ii) the 'local government', i.e. the governor acting with the aid and advice of the council of ministers was the disciplinary and punishing authority in relation to all categories of penalties enumerated in rule 49. (iii) the high court had no ..... . in air 1970 sc 2015, (e. m. s. namboodripad v. t.n. nambiar), the then chief minister of kerala, mr. namboodripad made a speech at a press conference, which was published in the indian express, wherein he was reported to have said: 'the judges are guided and dominated by class interests, class hatred, and class prejudices ..... , and desired taking evidence in the open court. the appellant by a petition submitted that this new charge was not maintainable as being barred by time and pressed for a preliminary decision on the question of maintainability which was rejected. but when the appellant^ filed an appeal in this honourable court and brought this fact .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... take possession, as laid down by section 19, article 300-a of the constitution gets attracted. as is known, that article was inserted by the constitution (44th amendment) act, 1978, which had omitted article 19(l)(f) dealing with right to hold property from the constitution. but then, article 300-a (which deals with right to property) assures: ..... '(t)he motive for legislation is often recited in the preamble but the remedy may extend beyond the cure of the evil intended to be removed' is strongly pressed into service. closely related to the proposition of law finding place in venkataswami's case, just referred, was the view of a seven-judge bench in what ..... v. r., (1935) ac 500, in which viscount sankey cited with approval a passage from an earlier judgment of the privy council in which while dealing with the provisions of the british north america act, which is a constitutional enactment, it was stated that the same methods of construction and exposition would apply to other statutes, but .....
Tag this Judgment!Court : Orissa
Reported in : AIR1979Ori196; 48(1979)CLT389
..... 'russel on arbitration', 17th edn., p. 215)'.in chowdhri murtaza hossein v. mst. bibi bechunnissa, (1876) 3 ind app 209 (pc) at p. 220 the privy council said:'............ that he allowed the arbitrators to deal with the case as it stood before them, taking his chance of the decision being more or less favourable to himself; and ..... dated 21-12-1976 (that is the order staying the suit and directing nomination of the arbitrator) but later did not press the appeal and thereafter took part in the proceedings. again on 3-2-1978 this plaintiff filed a copy of the petition to the subordinate judge for seeking clarification as to whether he shall take ..... arbitration. great stress was laid on ground no. 3 of the memorandum of appeal which says that --'............in absence of an application under section 20 of the arbitration act, or under any other provision thereof, the learned subordinate judge has no jurisdiction to make a reference to arbitration. it is submitted that no application was filed .....
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