Judgment Search Results Home > Cases Phrase: press council act 1978 chapter iv miscellaneous Court: orissa Page 7 of about 87 results (0.080 seconds)

Guru Prasad Mohanty and Etc. Vs. Arbitrator-cum-deputy General Manager ...

Court : Orissa

Reported in : AIR1996Ori101

..... jurisdiction of the high court under article 226 of the constitution ...... .as pointed out in mohinder singh gill v. chief election commissioner, new delhi, (1978) 2 scr 272 : (air 1978 sc 851): 'independently of natural justice, judicial review extends to an examination of the order as to its being perverse, irrational, bereft of application of ..... reasonableness of the provision and that the argument of arbitrariness on the score was untenable.' 6. we may state here that section 25n of the industrial disputes act, 1947 was challenged before the supreme court on similar ground, viz. there is no provision for appeal or revision against the order made by the appropriate ..... v. union of india(1980) 1 scr 61: air 1979 sc 1803. in this case section 14b of the employees' provident funds and miscellaneous provisions act, 1952 which conferred power upon the central provident fund commissioner to levy and recover punitive damages from a defaulting employer was challenged on the ground that within .....

Bidyadhar Dolai Vs. the State

Court : Orissa

Reported in : 1993CriLJ260; 1992(I)OLR108

..... must be taken to signify some step or method or manner of proceeding leading up to the deprivation of life or personal liberty. krishna iyer, j. in air 1978 sc 527 (babu singh v. the state of u.p.) observed that personal liberty, deprived when bail is refused, is too precious a value of our constitutional ..... person for whose benefit it is made. in such cases the action has to be struck down irrespective of the question of justification or prejudice. 8. the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have been recognised ..... in defence of the deviation. to that extent a provision may, while be of limited mandatory nature, yet be directory. when such is the case, an act done in contravention of the mandatory provisions would ordinarily be illegal unless sustainable reasons can be advanced to justify the departure before judicial scrutiny. there may still be .....

Radha Krishna Mohapatra Vs. Bhuyan Sri Shyam Sundar Mohapatra and ors.

Court : Orissa

Reported in : AIR1964Ori136

..... 1)(b).the order is also liable to be quashed under section 115(1)(c), c. p. c. its scope has been settled by a series of privy council decisions which were referred to in keshardeo v. radhakissen, air 1953 sc 23. their lordships also approved the dictum laid down in the order of reference in narayan ..... his conclusion not judicially but arbitrarily and by ignoring the mandatory provisions of law. section 16 of the act prescribes that whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is ..... which the law prescribes for a fair and proper trial. in that event, interference is called for under clause (c). but if he does all that and acts fairly and judicially, the matter cannot fall within clause (c).'judged by this test, the learned subordinate judge exercised his jurisdiction illegally and with material irregularity in reaching .....

Sidheswar Kanungo. Vs. Food Corporation of India and ors.

Court : Orissa

..... (dudley) ltd. v. crabtree (1974) icr 120 (nirc) it was observed: "failure to give reasons amounts to denial of justice".in vasant d. bhavsar v. bar council of india (1999) 1 scc 45, the apex court held that an authority must pass a speaking and reasoned order indicating the material on which its conclusions are based.the ..... by reasons so mentioned therein and it cannot be supplemented by fresh reasons. (see mohinder singh gill & anr. vs. the chief election commissioner, new delhi & ors., air 1978 sc 851) therefore, the new reasonings given by sri c.p. gond, deputy manager (general) to justify the adverse remarks made in the year 1993 is not legally sustainable. ..... a government servant against the adverse entries the competent authority is not under any obligation to record reasons. but the competent authority has no licence to act arbitrarily, he must act in a fair and just manner. he is required to consider the questions raised by the government servant and examine the same, in the light of .....

Durel Behera Vs. Suratha Behera and anr.

Court : Orissa

Reported in : 62(1986)CLT605; 1986(II)OLR536

..... privilege of bail.the question posed at the outset is, therefore, answered in the negative.9. learned counsel for suratha behera (o. p. no. 1) vehemently urged relying upon air 1978 s. c. 961 (the state through the delhi administration v. sanjaya gandhi) that review of a decision granting bail would be permitted only if, by reason of supervening circumstances, it .....

State of Orissa Vs. Md. Abdul Karim

Court : Orissa

Reported in : 57(1984)CLT281; 1984(I)OLR262

..... that the sessions judge had earlier admitted the accused person to bail.dealing with the scope of section 439(2) of the code, the supreme court has held in air 1978 supreme court 961. the state through the delhi administration v. sanjay gandhi :'rejection, of bail when bail is applied for is one thing, canceiation of bail already granted is ..... at any stage prior to or during the trial, any credible attempt is made by the opposite party to suborn, gain over or intimidate the witnesses or he does any act affecting a fair trial, the state may move for cancellation of his bail.11. a review of the decision already made granting bail to the opposite party may not be ..... (1) cannot be construed to be an empty formality. a reasonable opportunity should be afforded to the public prosecutor of presenting his case and of 1 being heard.in air 1978 supreme court 179 gurcharan singh and ors. v. state (delhi administration), it has been laid down :'section 439(1), cr.p.c. of the new code, on the other .....

Bipreswar Sahu Vs. the Chairman, Cuttack Municipality and ors.

Court : Orissa

Reported in : 1985(I)OLR570

..... the petitioner, as contended in the writ petition. so far as violation of rule 403 of the orissa municipal rules is concerned, it was averred that the municipal council itself while requesting the employment exchange to send names indicated that candidates whose age exceeded 28 years might also be sponsored since the municipality was in search of an ..... the age of 28 years as contemplated in rule 408 of the orissa municipal rules. for the reasons indicated by us in o. j, c. no. 432 of 1978, we have no hesitation to reject the petitioner's prayer to quash the appointment of opposite party no, 5 in this case.7. we would now examine the correctness ..... disregarding the petitioner's claim and in giving trained graduate scale to opposite party no. 4 only after be acquired the requisite qualification. mr. dora appearing for the municipal council submits that the post of science teacher in the municipal girls' high school, thoriasahi, was never want and at any rate, the teachers of girls' high school .....

Dalmia Institute of Scientific and Industrial Research Vs. Income-tax ...

Court : Orissa

Reported in : 47(1979)CLT589; (1979)10CTR(Ori)315; [1979]118ITR575(Orissa)

..... continue would unnecessarily prejudice the petitioner and would be futile and vexatious. we accordingly allow the applications and quash the notices under s. 148 of the act dated january 9, 1978, for each of the four years referred to above. we restrain the ito, opposite party no. 1 herein, from taking any further action on ..... writ of prohibition against the revenue in the matter of acting upon such notices.admittedly, the petitioner is a society registered under the societies registration act, 1860 (central act xxi of 1860). on 1st january, 1972, the government of india notified the approval of the council of scientific and industrial research being the prescribed authority for ..... for the year ending 31-12-1973 is exempt under section 10(21) of the i.t. act, 1961.the assessee is an institution engaged in scientific and industrial research and has been approved as such by the council of scientific and industrial research, new delhi. from the notification it is found that the institution, .....

Priti Ranjan Pradhan and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 87(1999)CLT272; 1999(I)OLR187

..... be entitled -(a) to be recognised by the board of secondary education constituted under the orissa secondary education act, 1952 (act 10 of 1953) or the council of higher secondary education act, 1982 (act 19 of 1982) or, as the case may be, to be affiliated to any university established under any law; or'(b) to ..... recognised educational institution' means any private educational institution which is or has been recognised by the state government; and(l) 'rules' mean rules made under this act. section 4 - establishment and recognition of educational institutions-(1) the state government may regulate the primary and other stage of education and courses of institution in ..... spread its wing in the field of administrative law following what principally held in maneka gandhi's case (air 1978 sc 597), no stand can be taken by any administrative authority that it can act arbitrarily. indeed, even before the decision in maneka gandhi, law was that no administrative authority has absolute discretion .....

Sarat Kumar Kar Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2008(II)OLR891

..... deputy chairman thereof.39. powers, privileges and immunities of the legislative assembly and of the members and the committees thereof, and, if there is a legislative council, of that council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the legislature of the state. ..... appointed to the secretarial staff of the assembly by law and, therefore, there is no interference of the state government therein. section 3 of the commission of inquiry act empowers the 'appropriate government' to appoint commission of inquiry for the purpose of making an enquiry into any definite matter of public importance. the definition of 'appropriate ..... list or concurrent list. the hon'ble apex court in a land mark decision in the case of state of karnataka v. union of india : [1978]2scr1 has, inter alia, held that there is no justification for reading down the provisions of section 3(1) of the commissions of inquiry .....