Court : Orissa
Reported in : AIR1952Ori359
Das, C.J. 1. This is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice-Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :2. The application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one-fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice-Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice-Chancellor. Thereupon a fresh...
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ742
ORDERS.K. Ray, J.1. This is an application for quashing proceedings of the Certificate Officer of Boudh in Certificate Case No. III-8/65 in which bv order dated 10-4-67 the said Certificate Officer has found | the petitioner to be liable to be committed Under Section 478 Cr.PC for an offence Under Section 228 IPC. and that he has also committed contempt of court by casting aspersions on the Certificate Officer to his integrity and judiciousness.2. The background of this proceeding may be briefly stated. The petitioner is the Commercial Tax Officer. Ganjam II Circle, Bhanianagar. He assessed one Bhagaban Panda of Bhagiabahal to sales tax in exercise of his powers as Sales Tax Officer under the provisions of the Orissa Sales Tax Act of 1947. The assessee having defaulted to pay the tax, recourse was taken to certificate procedure under the Orissa Public Demands Recovery Act for realisation of the same. The requisition was sent Under Section 4 of the Orissa Public Demands Recovery Act of ...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
Jagannadhadas, C.J.1. This is an application under Article 226 of the Constitution by the petitioner who is the proprietor of Madhupur Estate in Cuttack district, against the State of Orissa and the Court of Wards of the Orissa State, as well as against the Deputy Collector in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the Revenue Department declaring the petitioner a disqualified proprietor under Section 10 (f) (iv) of the said Act and published the same in the Orissa Gazette in accordance with the provision of Section 21 of the Act. The Court of Wards assumed superintendence of the Madhupur Estate by virtue of the said notification on the 8th December 1951. Since then, the Estate has been under the management of the Court of Wards. The petitioner has accordingly come forward with this application dated the 5th March 1952, chal...
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori159
P. V. B. Rao, J. 1. These two applications under Article 226 of the Constitution raise common questions of law, are heard together and are disposed of by this judgment. 2. O. J. C. No. 211 of 1956, filed on 4-4-56, is an application by the petitioners for issue of a Writ in the nature of quo warranto against opposite party Nos. 1 to 3 who have been elected as Fellows of the Utkal University from the registered graduates constituency, the result of which has been published under notification No. A. A/C-25343-(S. E.) /55 dated the 22nd February 1956 in Orissa Gazette dated 9-3-1956 under the authority of opposite party No. 4, the Vice-chancellor Utkal University as the returning officer, as opposite party Nos. 1 to 3 have no valid authority to hold the office of the Fellows of the Utkal University and for issue of a Writ in the nature of Mandamus against opposite party Nos. 4 and 5, the Vice Chancellor and the Registrar respectively of the Utkal University for quashing the election of op...
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