Court : Orissa
Reported in : 82(1996)CLT539; 1996(I)OLR274
..... , the principles of natural justice have been developed by courts which have devised a kind of code of fair administrative procedure, in its broadest sense, natural justice may simply mean the natural sense of what is right and wrong and this concept has been developed to a stage that violation of principles of natural justice makes the decision void. ..... according to the petitioner, before such cancellation was directed there was no opportunity afforded to her to have her say, and denial of such opportunity amounted to violation of the principles of natural justice.in the counter-affidavit filed, the plea of non-affording of opportunity has ..... the petition has been filed in the fallowing background.the government took a policy decision to open day and night medicine store in all the hospitals as well as public health centres existing in the state so as to cater the needs of ..... initially the principles of natural justice were applied to the courts in respect of judicial functions and gradually by judicial pronouncements, the principles of natural justice were made applicable to the statutory authorities or tribunals exercising quasi-judicial functions and later, the principles were extended to the administrative authority who has the function of determining civil rights, whose orders affect civil rights or gave rise the civil ..... old distinction between a judicial act and an administrative act has withered away. ..... gandhi v union of india : (1978) 2 scr 621, 67 8 : (air 1978 sc 597 at pp. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1979Ori78; 47(1979)CLT177
..... however, negligent or careless may have been the first omission, and, however, late the proposed amendment, the amendment may be allowed if it can be made without any injustice to the other side.'10. ..... the plaintiff paid the deficit court-fee on the amended plaint on 2-9-1977 and on that very day the suit was posted to 19-9-1977 for hearing. ..... for declaration of title or recovery of possession was sought for, a passing reference was made in the body of the plaint that the defendants had no right, title or possession over the lands described in the plaint schedule and that the petitioner fraudulently got his name recorded in the settlement record of rights as the adopted son of the opposite party no. 1.3. ..... for the reasons stated above, i have no hesitation in holding that the learned subordinate judge acted illegally and with material irregularity in refusing to allow the application for amendment.13. ..... the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs. ..... on 14-4-1977 the opposite party amended the plaint by adding a relief for recovery of possession of the suit lands by evicting the defendants therefrom or in the alternative for partition, alleging that the defendants had forcibly occupied the suit lands and were in wrongful possession of the same. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR775; (2009)25VST414(Orissa)
..... 22 of cst(o) rules makes it amply clear that the provisions of the ovat act and the rules made thereunder shall mutatis mutandis apply in respect of all procedural and other matters incidental to the carrying out of the purpose of the act for which no provision is made in these rules or in the central sales tax (registration and turnover) rules, 1957 (for short 'cst (r & t) rules']. ..... thus, no appeal against assessment order passed under the cst(o) rules shall be entertained on and after 06.07.2006 unless the appeal is accompanied by satisfactory proof of payment of admitted tax in full and 20 percentum of the tax and interest or both in dispute, the said notification dated 06.07.2006 has no retrospective applicability.hon'ble the supreme court in state of bombay ..... : [2003]3scr762 ).admittedly, in the case at hand, the petitioner was directed by dcst to deposit 20% of the tax and interest in dispute raised for the period from 01.04.2005 to 31.07.2007 to entertain the first appeal filed before him which is not ..... provisions of the orissa value added tax act, 2004 and the rules made thereunder shall mutatis mutandis apply in respect of all procedural and other matters incidental to the carrying out of the purpose of the act for which no provision is made in these rules or in the central sales tax (registration and turnover) rules, 1957.6. ..... the necessary amendment to this effect has been brought to rule 22 of the cst (o) rules vide notification ..... moji ram : [1978]2scr614 ; harcharan .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT52; 2009(I)OLR983
..... , it was concluded that, even a decree for permanent injunction can be executed where there was no necessity to interpret the decree and if the plaintiff on getting possession from the court is either dispossessed or disturbed by the.judgment debtor, a decree holder in a decree for permanent injunction can seek execution of such a decree and to that extent the executing court is within its competence to direct recovery of possession for a decree holder who has been dispossessed ..... on the aforesaid pleading, it was held that where the plaintiff asserts that the defendant was disturbing possession and prayed for recovery of possession and if it is found that he had been dispossessed, an executing court can interpret the decree to come to conclusion that the plaintiff not being in possession, the decree envisaged recovery ..... in this case, the defendants took a defence under section 22 of the easements act but this plea was turned down by the hon'ble supreme court by holding that, they have allowed the perpetual injunction and mandatory injunction granted by the trial court to become final, it would be no defence for the respondent to plead that he had not obstructed the passage ..... further held that in order to avoid any technical difficulties and to protect a decree holder after obtaining the decree from enjoying the fruits of the decree, code of civil procedure has been amended. ..... of the suit, the said commissioner has been examined as p.w.2 and his report dated 14.8.1978 marked as ext. .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT273; 2005(I)OLR251
..... the aforesaid law laid down by the supreme court that the power to take back in custody an accused who has been enlarged on bail has to be exercised with great care and circumspection and is meant to be exercised in appropriate cases when, by a preponderance of probabilities, it is clear that the accused is interfering with the course of justice by tampering with witnesses. ..... of transit to other places after giving prior intimation to the superintendent of police, balasore and that he will also not tamper with any of the witnesses in this case and the cbi the local police and the witnesses may bring to the notice of the trial court any case of tampering by sri sushant kumar mohapatra and the trial court will then consider the question of cancellation of bail of sri sushant kumar ..... clt 820 for the proposition that bail granted to the accused can be cancelled if it was granted illegally and/or improperly by wrong and arbitrary exercise of judicial discretion and if the accused abuses his freedom by violating the conditions imposed in the bail order or tampers with the prosecution evidence or commits such illegal or criminal acts which would make his freedom undesirable. ..... remained in custody for a period of 120 days without the cbi filing a charge-sheet as would be clear from the orissa amendment to the proviso to section 167(2) of the cr.p.c. ..... sanjay gandhi, air 1978 sc 961 the supreme court has indicated the circumstances, in which the court would exercise jurisdiction under section .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT1
..... to him, it was against the spirit of the observation of this court, that, in the event the tribunal would finally decide the case in favour of the petitioners before it and would hold that the examination conducted was illegal and not in accordance with the judgment of the apex court, the candidates, who would be appearing in the examination on 27.05.2008, would have to appear in the examination afresh.the second ..... be enacted by the state legislature.ii) the act would then be included in the 9th schedule of the constitution.iii) once this act is included in the 9th schedule, it would then be protected under article 31b of the constitution and cannot be questioned excepting on the grounds of competence of legislation and on the ground of altering the basic structure of the constitution.iv) the 15.75% sebc vacancy is real and would be usable during the very same ..... thus as against 380 posts to be filled up, after preliminary examination 4560 candidates qualified in that examination were to be called for the main examination and their names were to be published by the opsc.however, after the preliminary examination, the opsc published the results of 3730 candidates to be admitted to the main examination instead of publishing ..... prescribed in schedule-ii for recruitment to the services/ posts mentioned in schedule-1 by an order to be issued by the commission on that behalf'rule-3 of the orissa administrative service, class-ii (recruitment) rules, 1978 provides the method of recruitment. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(II)OLR50
..... fund dues of the petitioner, learned counsel for the petitioner drew our attention to the provisions of section 13 of the payment of gratuity act, 1972 which provides that no gratuity payable under this act and no gratuity payable to an employee employed in any establishment, factory, mine, oil field, plantation, port, railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order ..... without prejudice to any other provisions contained in these rules, any one or more of the following penalties may be imposed on an employee, for an act of misconduct or for any 'other good and sufficient reason ;(a)xx xx xx(b)xx xx xx (c)xx xx xx (d) recovery from pay or such other amount as may be doe to him of the whole or part of any pecuniary loss caused to ..... payment of gratuity :xx xx xx(6) notwithstanding anything contained in sub-section (1),(a) the gratuity of an employee whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused ;(b) the gratuity payable ..... services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him ..... from on 3.7.1978. ..... 1978 .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT51; 1985(II)OLR119
..... single judge held that the possibility of the accused having been under an honest impression that the amount to his credit might cover the cheque, and even otherwise, the possibility of his having honestly intended of paying in the necessary money before the cheque would be presented could not be excluded. ..... while exercising jurisdiction under section 482 of the code of criminal procedure, it may be kept in mind that interference is called for in rare and exceptional cases in the interests of justice and when the facts stated in the petition of complaint taken in their entirety it accepted to be true, do not make out any case against the persons proceeded ..... that in the absence of any allegation that the petitioner had no account in the bank or that he had made any representation that he had sufficient funds in the bank when the cheque was drawn and handed over, a case of cheating could not have been instituted in law as the ingredients of an offence or cheating were absent. ..... been alleged in that case that the accused knew that he had no bank balance sufficient to cover the cheque and he issued it with the dishonest motive of silencing the victim when he demanded payment of his dues. ..... between mere breach of contract and cheating would depend upon the intention of the accused at the time of the alleged inducement which may be judged by his subsequent act, but of which the subsequent act is not the sole criterion. ..... (supra) and xlvi (1978) c.l. ..... @ gora babu xlvi (1978) c.l.t. .....
Tag this Judgment!Court : Orissa
Reported in : 1(1989)ACC147
..... case is dismissed for default as envisaged in rule 5, or after issuance of notice to the owner of the motor vehicle involved in the accident and its insurer as envisaged in rule 6 of the rules, or at any time thereafter, or the claim case is decided in the absence of the owner of the vehicle and its insurer and an ex-parte award is passed, the aggrieved party can take resort to order 9 of the code for setting aside the order of dismissal or for ..... case of suresh kumar moharana's case (supra), a close reading thereof shows that the learned judge referred to the relevant provisions of the act and the rules and held as follows:no doubt, rule 5 of the rules provides for summary dismissal of a claim petition. ..... we, therefore, agree partially with the view expressed by the learned judge in the case of suresh kumar moharana's case (supra) and clarify the legal position to the effect that as enjoined by rule 20 of the rules, order 9 of the code is wholly applicable to the proceeding of a ..... , the tribunal has to proceed with the cases, hold the inquiry, decide the issues and record its findings thereon notwithstanding the default by either party.the above finding can be divided ..... in hand, as already referred to above, issues were settled on 2-3-1978 and so the claim case could not have been dismissed for default on 9-1- ..... the proceeding, the tribunal framed issues by order dated 2-3-1978 and the case was posted for hearing from time to time and lastly on 9-1-1979, it was dismissed for default, .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT413; 1995(II)OLR449
..... right to begin--the plaintiff has the light to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to ..... the right to begin follows the onus probindi as provided by sections 101 to 114 of indian evidence act, 1872 (in short, 'evidence act')- as a general rule, plaintiff has to prove his claim by positive proof, for the court has to see whether there is proof of claim before it needs enquiry as to the truth or otherwise of ..... evidence so taken shall be read over to the witness and, if he admits it to be correct, shall be signed by him, and the judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit ..... the reason for seeking such examination to be that being an octogenarian old lady she was gradually losing her mental balance and wanted to go to her daughter's place at gujarat which is beyond the territorial jurisdiction of the trial court. ..... it goes without saying that if contingency so arises, witnesses can be recalled for further and/or initial cross-examination by any new party in case the court feels that it would be in the interest of justice to do so.i find no scope to interfere in this revision application which is ..... was appended to the said rule by this court's amendment on 7-6-1954. ..... , air 1978 patna 218 .....
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