Court : Orissa
Reported in : 106(2008)CLT340
..... jurisdiction, which different from appellate jurisdiction. while exercising the special jurisdiction under article 226 of the constitution, the writ court is not entitled to act as an appellate court. this limitation would necessarily mean that findings of fact reached by the inferior courts or the tribunals, as a result of ..... any misconduct during any pending dispute. thus, it was stated that no action of the management contravenes the provisions of section 33 of the act. the management further pleaded that the workmen voluntarily opted for separation from service under the scheme which was notified and accordingly, they have been ..... satpathy, president, rengali power project workers union filed industrial dispute misc. case no. 1 of 2001 under section 33a of the industrial disputes act, 1947 (for short, 'the act') before the labour court, bhubaneswar, against the writ petitioners representing the management, praying for reinstatement of all the ninety workers in their respective .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT192
..... are required to be endorsed by the registrar along with his signature and date of document. a presumption by a reference to section 114 of the evidence act shall arise to the effect that particulars contained in the endorsement of registration were regularly and duly performed and are correctly recorded. in our opinion, the burden ..... knowing and understanding the contents of the will. the will should not only be executed and attested in the manner required under the provisions of indian succession act alone, aforesaid conditions should also be fulfilled. the mere fact that the will is a registered document by itself is not sufficient to dispel all suspicions regarding ..... of all the parties concerned, came to the conclusion that partition prior to 1952 was merely a fraud played against plaintiff -smt. urmila padhi. and the fraudulent act had been admitted by radhakrishna (d.3) in his written statement. nobody had ever denied right and interest by smt. urmila padhi in the properties of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori129; 107(2009)CLT184
..... transcore (supra), it is clear that the object behind introducing the first proviso and the third proviso to section 19(1) of the drt act was to align the provisions of drt act, the npa act (securitisation act) and order 23 cpc. their lordships of the apex court also noted that even after assuming that an o.a. is filed in the ..... of the npa act.4. sri shakti prasad das, learned counsel appearing for the opposite party no. 1-bank, on the other hand, submitted that the issue as to whether the bank ..... , ought to be quashed as illegal in the eyes of law. mr. mishra, learned counsel also submitted that once the bank had initiated a proceeding under the drt act and have also obtained a decree therefrom, which awaits execution through recovery proceeding, it is not permissible for such a bank to initiate a proceeding under section 13(2) .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT152
..... say that petitioners or their ancestors were not deprived of their land without following the procedure established in law. their land was taken under the land acquisition act. they were paid compensation for it. therefore, the challenge raised on violation of article 21 is devoid of any merit. even otherwise the obligation of the ..... although the said section is not in terms applicable to the present acquisition proceedings, we are of the view that the above provisions in the delhi development act contains a wholesome principle which should be followed by all development authorities throughout the country when they acquire large tracts of land for the purpose of land ..... displaced person may also be considered for allotment at a concessional rate. while deciding the said case, the apex court considered the provisions of the delhi development act which contains allotment of residential plot to such displaced persons. however, the area of the plot to be allotted would depend upon the land of the .....
Tag this Judgment!Court : Orissa
Reported in : (2009)107CALLT504(NULL)
..... have neither been alleged nor revealed while issuing the charge-sheet, the delinquent employee may be held guilty of misconduct, in case the officer acts without restraints jeopardizing the interest and rights of other party. the said case was for granting the bank loan negligently and the bank suffered serious ..... has been defined in black's law dictionary, sixth edition at page 999 thus: 'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, its, synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence ..... integrity or devotion of duty as a public servant.... the proposition put forward was that quasi-judicial orders, unless vacated under the provisions of the act, are final and binding and cannot be questioned by the executive government through disciplinary proceedings.... the charge is, therefore, one of misconduct and .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR710
..... state government have been pleased to constitute a committee with the following members for making recommendations to government on matters specified in the preceding paragraph.(1) hon'ble acting chief justice of orissa high court sri arijit pasayat or in his absence hon'ble justice sri p.k. mishra of the orissa high court. ... chairman ..... released shall continued to be paid such amount as grant in aid as was being paid to them immediately prior to commencement of the orissa educational (amendment) act, 1994.(5) notwithstanding anything contained in any law, rule, executive order or any judgment, decree or order of any court the following categories of private ..... institution to receive grant-in-aid.(3) save as otherwise provided, no private educational institution which has not been recognized by the state government under this act shall be entitled to receive any aid from the state government.(4) notwithstanding anything contained in any law, rule, executive order or any judgment, decree .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT94
..... great bearing on the contract of insurance, if discovered, may lead to the policy being vitiated in law & therefore the proposal can be repudiated if a fraudulent act has been discovered. in the said case, the deceased insured while submitting the proposal form had not disclosed that he had undergone an operation for adenoma thyroid. subsequently ..... that, an insurer could avoid a contract of insurance after the expiry of period of two years mentioned in the first part of section 45 of the insurance act only on the ground of suppression of illness, which affects the expectation of life of the insured & not mere temporary or trivial illness & that unless the ..... illnesses which impair the constitution of the insured or interrupt the performance of vital functions. xxx xxx xxx.10. considering the effect of section 45 of the insurance act & whether the policy holder had made an inaccurate or false statement on a material matter or suppressed facts which it was material to disclose & it was .....
Tag this Judgment!Court : Orissa
Reported in : 2010CriLJ498
..... p. ws. 1 to 3, the judgment of conviction and the sentence recorded on such reliable evidence, in view of the presumption under section 113-b of the indian evidence act, cannot be found fault with. so he submits that the appeal is devoid of any merit.5. before delving into the merit of the case, it would be appropriate to ..... of conviction recorded by the trial court for a charge under section 304-b i. p. c. in spite of the presumption under section 113-b of the indian evidence act with regard to the authenticity of charge, it can irresistibly be held that the conviction of the appellants for a charge, under section 304-b/34 i. p. c. by .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT225
..... s case (supra), the punjab & haryana high court had granted permission to transplant the human organ as there was no material on records contrary to the act & rules. in the present case also there is no material on record to deny such permission. the authorisation committee is directed to grant necessary. no ..... by the donor & the recipient, the authorisation committee shall, after holding an inquiry & after satisfying itself that the applicants have complied with all the requirements of this act & the rules made thereunder, grant to the applicants approval for the removal & transplantation of the human organ.(6) if, after the inquiry & after giving an ..... for matter connected therewith or incidental thereto. for better appreciation, the relevant provisions of 'donor' & 'recipient' have been defined under section 2 of the act:2. definitions,- in this act, unless the context otherwise requires-(a) to (e) xxx xxx(f) 'donor' means any person, not less than eighteen years of age, who voluntarily .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR534
..... great bearing on the contract of insurance, if discovered, may lead to the policy being vitiated in law and therefore the proposal can be repudiated if a fraudulent act has been discovered. in the said case, the deceased insured while submitting the proposal form had not disclosed that he had undergone an operation for adenoma thyroid. subsequently ..... which impair the constitution of the insured or interrupt the performance of vital functions, xxx xxx xxx.11. considering the effect of section 45 of the insurance act and whether the policy holder had made an inaccurate or false statement on a material matter or suppressed facts which it was material to disclose and it was ..... the policy contract and the declarations contained in the proposal for assurance, the lic repudiated the claims of the petitioners, as provided under section 45 of the insurance act.6. on a perusal of the impugned letter of repudiation dated 30.3.2005 (annexure-7), it is seen that the lic has repudiated the claims of the .....
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