Court : Orissa
..... . the aforesaid action of the state also will be in contravention of the provisions of air and water (prevention & control of pollution) act and environmental protection act of 1986. large scale construction for the establishment of the proposed university will also adversely affect the wildlife sanctuary, entire eco system and the ..... vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of ..... foundation deposited the establishment cost and the opinion of the law department was obtained. the entire procedure contemplated under chapter vii of the land acquisition act and the land acquisition companies rules, 1963 have been complied with except notifying in the official gazette of the committee to advise the government. a .....
Tag this Judgment!Court : Orissa
..... . the aforesaid action of the state also will be in contravention of the provisions of air and water (prevention & control of pollution) act and environmental protection act of 1986. large scale construction for the establishment of the proposed university will also adversely affect the wildlife sanctuary, entire eco system and the ..... vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of ..... foundation deposited the establishment cost and the opinion of the law department was obtained. the entire procedure contemplated under chapter vii of the land acquisition act and the land acquisition companies rules, 1963 have been complied with except notifying in the official gazette of the committee to advise the government. a .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR595
..... officiating chief executive and secretary of opp. party no. 1 (council) in his counter affidavit contended that the council is an unaided autonomous educational body, constituted under the societies registration act and as such, is not a state within the meaning and scope of article 12 of the constitution of india and accordingly, the writ petition is not maintainable against it .....
Tag this Judgment!Court : Orissa
..... was placed before the board of directors. the bod as per their meeting dated 28.03.2011 observed as follows: while confirming the reconciled figure, m/s. bal represented that total arrear up to january, 2011 (including current bill of january, 2011) is rs.10799.29 lacks but submitted with modified breakup of the arrear ..... nesco to defer payment of the balance amount for a period of twelve months. it is further claimed that on 20.11.2006 and 30.11.2006 bal paid two further instalments which were duly received by nesco having paid twelve monthly instalments and requested the nesco to re-schedule the repayment dues and the ..... government or its instrumentalities or financing companies. the opposite party i.e. nesco is discharging the function of distribution of electricity, which is guided by the electricity act, 2003 as well as by the regulations issued by the orissa electricity regulation commission. previously, the duty of the generation of electricity and its distribution was entrusted .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... provided that if a question arose whether any matter is or is not a matter in respect of which the governor is, by or under this act, required to act in his discretion, or to exercise his individual judgment, the decision of the governor in his discretion shall be final.in section 52, amongst other ..... passages do not constitute libel.a distinction is to be made between an actwhich scandalises or tends to scandalise ajudge in his private or personal capacity, andan act which scandalises him in his officialcapacity. an attack on personal or privatecapacity of a judge constitutes 'libel' and notcontempt. official capacity cannot be differentiated into judicial ..... disposal in accordance with law, the remark of the contemner that it is an innocent and inconsequential mistake was intended to indicate that the high court has acted mala fide. the statement tends to interfere with a pending proceeding and constitutes gross contempt. in paragraph 23 the contemner alleged 'strong prejudice' to the high .....
Tag this Judgment!Court : Orissa
..... accused to arouse sexual desire in him. it was on the suggestion of the convict they had left the child to be taken to a feast.(v)the brutal act is suggestive of the extent of convict's perversity and depravity of mind.(vi) there is nothing to suggest that the convict was mentally defective or heavily intoxicated which ..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.the principles guiding cases based only on circumstantial evidence also came up for consideration before the supreme court in sharad birdhichand sarda ..... the i.p.c. however, the sessions judge has found that the accused is not guilty of the offence under section 3 (2) (v) of the sc & st (pa) act and acquitted him of that charge. after considering the question of sentence at length, the learned sessions judge has sentenced the accused to undergo imprisonment for life and to pay .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR161
..... statements of persons whose statements were recorded in the absence of the accused as an exception to the normal principles embodied in section 33 of the evidence act, inasmuch as the accused has been denied the opportunity of cross- examining the witnesses, it is, therefore, necessary that the preconditions for utilising such ..... the appellant does not question the constitutionality of either section 299 of the code or section 14(5) of tada or section 33 of the evidence act.in the context of our constitutional scheme; fundamental rights are not absolute being subject to reasonable restrictions. there lies a distinction between bill of rights ..... as the constitutionality of the said provision is not in question, this court should not exercise its discretionary jurisdiction appellant is being prosecuted under tada. the act was enacted to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2909; 2008(I)OLR666
..... as the said section starts with 'notwithstanding anything contained in the code of criminal procedure, 1973' whereas in section 85-a of bihar and orissa excise act it specifically provides that chapter-xxxiii of the code of criminal procedure shall apply to bail and bonds subject to the proviso. a proviso is always subservient ..... the province of bihar and orissa and was made applicable from such date to the areas under the state when notified by the state government. both the acts being pre-constitution enactments continued to operate by virtue of articles 372 of the constitution of india. article 47 mandates that the state government shall endeavour to ..... dealt with thereby should be read in the context of articles 47 of the constitution of india. dealing in liquor is considered to be 'res extra commercium'. the act prohibits dealing with the said commodity except by way of a licence on the terms and conditions mentioned therein. illegal manufacture, possession, transport, export etc. have .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT545
..... on detailed examination of the cases the assessing officer dropped the proceedings accepting the genuineness of the dealer's claim under section 5(3) of the cst act. the revisional authority has not assigned any reason as to why the explanations furnished by the petitioner against each and every allegation which were accepted by the ..... to export the same out of the territory of india to foreign buyers who had placed orders upon the rba as merchant exporters. as under central excise act and rules framed thereunder, for the limited purpose, packing, fumigation and testing amount to manufacture, rba after exporting such goods to foreign buyers claimed the requisite ..... in law.2. bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are that the petitioner is a company registered under the companies act, 1956 having its place of business at idco plot no. 180/184, sector-b, industrial estate, kalunga, dist: sundergarh, orissa. it carries on business in .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT880
..... . learned counsel for the petitioner has raised a contention that the notification issued by the state government is agarnst the provisions of section 64 of the act, it is therefore necessary to peruse the provisions of the aforesaid section which reads as under:64. notification calling upon wards to elect corporators:- for ..... the state government is that the delimitation of wards and reservation of seats has been made afresh in tune with the provisions of the orissa municipal corporation act, 2003 and the rules framed thereunder basing on the information furnished by the municipal commissioner, cuttack municipal corporation. the allegations made by the petitioner has ..... the action of the state government in reserving the ward no. iii for the scheduled tribe is therefore contrary to section 7 of the orissa municipal corporation act, 2003. even then the same government issued the final notification reserving ward no. lll for the scheduled tribe. the allegation of the petitioner is that there .....
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