Court : Orissa
Reported in : AIR1984Ori132; 57(1984)CLT111
..... roshan kumar haji bashir ahmed). the statute conferred locus standi though no legal right or legally protected interest had been violated. in air 1981 sc 344 (fertiliser corporation kamgar union v. union of india). chandrachud, c. j. observed (para 23) :--'the question whether a person has the locus to file a proceeding depends ..... it has been submitted that as the committee had been entrusted with the responsibility of obtaining an assignment from the government and completing the project, the state government and the municipality owed an obligation to the members of the public. the submission is misconceived. the obligation contemplated in section 38 of the ..... member of the public can move the court for enforcement of the constitutional and legal rights of persons in socially or economically disadvantaged position. where the state or a public authority acts 'in violation of a constitutional or statutory obligation or fails to carry out such obligation resulting in injury to public interest .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori156
..... had been made by the owner of the property.'in view of the aforesaid provisions of subsection (2) of section 29 of the state financial corporation act any transfer made by the state financial corporation in exercise of its power under sub-section (1) of section 29 the property is to vest on the transferee as if it ..... for considering the offers received pursuant to the sale notice. as has been discussed earlier, the petitioner filed its proposal for one time settlement jointly to the state financial corporation as .well as ipicol and a separate proposal to the s.b.i, and according to the opp. parties, the proposal was considered but being found ..... not the appropriate authority to consider, when the said proposal got rejected. even otherwise. if the proposal is treated to have be-on .submitted to the state financial corporation, then also the offer for one time settlement being unaccompanied by initial 25% deposit of the offered amount was liable to be rejected, without consideration of the .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT746
..... government. in other words the government is the sole judge to decide as to who is the most suitable candidate for being appointed as director of agriculture. for discharging that responsibility it was open to the government to seek the assistance of the public service commission. in our judgment the high court was ..... the government of orissa; '(b) 'recruitment. rules' means the rules framed under the proviso to article 309 of the constitution of india regulating promotions to different state civil services and posts and includes executive orders and instruction issued by the competent authority in this regard from time to time; and(c) 'selection list' means ..... before proceeding further, it is necessary to peruse the provisions of the relevant rules applicable in the case in hand. vide notification dated 8th march 1989 of the state government in the irrigation and power department, the governor of orissa amended the existing rule namely, 'the orissa service of engineers' rules, 1941' as 'the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori258; 1995(I)OLR544
..... that judgment. government has come out with this bill for imposing tax on all types of land, agriculture, non-agriculture including mineral bearing lands. you know under item 49 of the state list of the constitution of india, the state is empowered to impose tax on lands and exercising that power this bill has been brought, wherein ..... it cannot be predicated that the companies themselves are owned by the government of india. the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the government of india. the lands and buildings are vested in and owned by the companies, the government of ..... ltd. v. broach borough municipality, air 1968 guj 124, and the decision of the bombay high court in the case of municipal commissioner, the municipal corporation of the city of ahmedabad v. gordhandas hargovandas, air 1954 bom 188. but the very supreme court decision on which the learned advocate general places so much .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori202
..... they held the majority of shares of the company, the shareholders being sri patnaik, sri loganathan, sri tarapore, sri narayan swami and kalinga industrial development corporation ltd., by then there were two distinct groups, namely, the madras group represented by sri loganathan as aforesaid and the orissa or the patnaik group ..... received by the said bankfrom the petitioner shanti prasad jain and/or his nomineesas a result of the sale as aforesaid, pertaining to thoseshares, shall be credited by the said bank to the accountof the said pledger or pledgers, after deducting thenecessary costs, charges and expenses of and incidentalto the sale, if ..... 1956 contain the statutory recognition of these principles. the provisions of the civil procedure code are also applicable to company cases. as regards prayers, the petition clearly states the prayers on broad lines as to the reconstitution of the board, allotment of the 39,000 shares, future allotment and other incidental reliefs. the reliefs .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... context in regina v. gaming board, ex partc banain, (1970) 2 wlr 1009) in padfield, (1968) ac 997, in which the contention advanced by the minister of agriculture that either he has no discretion in the matter or has unfettered discretion was rejected by the h ousc of lords, which aspect of the matter has been noted in ..... haryana v. haryana co-operative transport limited, air 1977 sc 237; and b. r. ramabhadraiah v. secretary, food and agricultural department, air 1981 sc 1653. in all the above cases, the apex court had stated about the wide discretion of a writ court in the matter of framing writs to suit the exigencies of a particular case and ..... to exercise a conditional legislative power which had been conferred on the central government by the parliament leaving it to decide when to bring into operation an act by stating as below:--'it (meaning the constitution (forty-fourth amendment) act) shall come into force on such dale as the central government may by notification in the official .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... and even this court. when any step was taken for correcting his lapses, he took to intimidation of this court in answer. he has to his credit several convictions for contempt and those cases have already been referred to. in ilr (1971) cut 986, a bench of this court came to conclude that ..... statement tends to interfere with a pending proceeding and constitutes gross contempt. in paragraph 23 the contemner alleged 'strong prejudice' to the high court. he further stated : 'that he entertains an apprehension that the court may impose substantive punishment and may refuse bail or time to the appellant for getting redress from this honourable ..... conditions of service' framed under article 309 article 309 of the constitution runs thus:'309. recruitment and conditions of service of persons serving the union or a state :-- subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... down. the legislature also knew that as soon as the orissa estates abolition act is applied for elimination of the intermediaries, the additional income to the state from the enhanced agricultural income-tax act would also be reduced almost to a nominal figure. this knowledge can be attributed to the legislature from the following circumstances. in para. ..... been followed in -- 'jo-, gendranath das v. damodardas', air 1933 cal 373 (y); -- 'umrao singh v. kacheru singh', air 1939 all 415 (fb) (z) and -- 'corporation of calcutta v. governors of st. thomas' school, calcutta', air 1949 fc 121 (z1) all of which recognize that the maxim of the english law, viz., 'qui quid plantatur solo ..... class of cases, it is well settled that fraud or mala fides or even irrational conduct, by itself, vitiates such acts. (see --'galloway v. corporation of london', (1864) 46 er 356(z5) and --'westminister corporation v. l. n. w. rly co.', (1905) 5 a. c. 426(z6), also cited in the judgment of justice mahajan in 'air .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... for this purpose, we shall have to travel back to p. 70 wherefrom this particular discussion starts. the learned author after having quoted what was stated by the privy council in british coal corporation v. r., (1935) ac 500, in which viscount sankey cited with approval a passage from an earlier judgment of the privy council in which ..... while dealing with the provisions of the british north america act, which is a constitutional enactment, it was stated that the same methods of construction and exposition ..... the validity of section 5 of the central act. this contention has been advanced because of what has been recently, pointed out by sawant, j. in delhi transport corporation v. d.t.c. mazdoor congress. air 1991 sc 101, in para 223, which reads as below :--'there is need to minimise the scope of the arbitrary use .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR520
..... bhubaneswar who by order dated 27-3-1991 took cognizance and issued summons.3. according to the petitioner, while submitting charge-sheet, the investigating officer took his agricultural income at rs. 1,98,000/- deliberately suppressing and ignoring material document like paddy sale khata, statements of witnesses, namely, k. s. prakash rao, a ..... of the regulated market committee. he also seized the paddy sale khata from the residence of the petitioner. after completing investigation, he submitted final report stating therein that there is no material to prove the charge of acquisition of disproportionate asset by the petitioner during the period in question. in the aforesaid ..... passed by the learned special judge, the final report should have been accepted and no charge should have been framed. learned counsel appearing for the state contended that notwithstanding the final report, the court is not precluded from framing the charge.6. law is now settled that the investigation ending ultimately .....
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