Court : Orissa
..... which are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better ..... board v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, learned .....
Tag this Judgment!Court : Orissa
..... which are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better ..... board v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, learned .....
Tag this Judgment!Court : Orissa
..... which are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better ..... board v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, learned .....
Tag this Judgment!Court : Orissa
..... which are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better ..... board v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, learned .....
Tag this Judgment!Court : Orissa
..... which are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better ..... board v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, learned .....
Tag this Judgment!Court : Orissa
..... states.19. the draft rules called the minot minerals conservation and development rules, 2010 were also put on the website. section 15(1a)(i) of the mmdr act specifies the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reasons of any quarrying or mining operations shall ..... water scarcity on account of quarry/mining leases and mineral concessions granted under the mineral concession rules framed by the state governments under section 15 of the mmdr act, 1957. moef noticed that less attention was given to environmental aspects of mining of 10 minot mineral since the area was small, but it was noticed that ..... to bid in the bid, and there is total transparency. in our opinion, this is an essential requirement in a democracy, where the people are supreme, and all official acts must be actuated by the public interest, and should inspire public confidence. 14. the hon ble supreme court in aggarwal & modi enterprises (p) ltd. & anr. vs. .....
Tag this Judgment!Court : Orissa
..... in availing the postal service. one member of the balu bazar puja committee shri rama chandra sarkar submitted an application before opposite party no.3 under the right to information act to provide certain information. opposite party no.3, after receipt of the application on 23.07.2012 has provided such information incorrectly, incompletely and haphazardly and has suppressed the correct ..... of what was in his mind, or what he intended to do. public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. orders are not like old wine .....
Tag this Judgment!Court : Orissa
..... is always superior to long drawn out expensive litigation. in civil procedure code, there are compoundable provisions. criminal procedure code and other special laws like family courts act and arbitration act also enable the court to make attempt for settlement and to avoid adjudication wherever possible. the basic object of lok adalat is to overcome differences ..... which would result in reducing the workload of the regular courts to a great extent. it is, therefore, proposed to amend the legal services authorities act, 1987 to set up permanent lok adalats for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to public utility services. (3) ..... petitioner-company. the impugned award under annexure-3 is bad in law and violative of principles of natural justice, contrary to the legal services authorities act, 1987 (for short, act, 1987 ) as well as the odisha lok adalat rules, 1990 (for short, rules, 1990 ). the pla, baripada has proceeded in a wrong .....
Tag this Judgment!Court : Orissa
..... of the father of the prosecutrix is admissible in evidence and relevant under section 157 as her former statement corroborating her testimony as also under section 8 of the evidence act as evidence of her conduct. the testimony of the father of the prosecutrix was trustworthy and unembellished. the prosecutrix and her father had both been subjected to lengthy cross-examination ..... prosecutrix complaining of having been a victim of the offence of rape is no.an accomplice after the crime. there is no rule of law that her testimony canno.be acted without corroboration in material particulars. her testimony has to be appreciated on the principle of probabilities just as the testimony of any other witness; a high degree of probability having .....
Tag this Judgment!Court : Orissa
..... the death of the deceased was not caused due to negligent driving of the driver of the offending vehicle. hence, the claim petition filed under section 166 of the act, 1988 is maintainable and the same needs to be adjudicated afresh. from the impugned order, this court finds that since the claim application of the appellant-petitioners for ..... the entire aspect of the matter and in the light of the principles laid down in the above cited decisions and the statutory provisions prescribed by the motor vehicles act, i have no hesitation in holding that the claimant sustained the injuries while using the vehicle and as such the injuries sustained by him was caused due to ..... of the driver of the offending vehicle and the claimants are entitled to get compensation on the principle of no fault liability under section 140 of the m.v. act. therefore, he prayed for dismissal of the appeal.10. on the rival contentions raised by the parties, the only question that falls for consideration by this court is .....
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