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Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws second amendment act 2011 Sorted by: recent Court: orissa Page 1 of about 41 results (0.099 seconds)

May 11 2009 (HC)

Jayendra Vishnu Thakur Vs. State of Maharashtra and anr.

Court : Orissa

Reported in : 2009(II)OLR161

..... proceeding between the prosecutor and the accused within the meaning of this section.the right of an accused to watch the prosecution witnesses deposing before a court of law indisputably is a valuable right.the sixth amendment of the united states constitution explicitly provides therefor, which reads as under:in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ..... nor in dispute that sub-section (1) of the said provision is in two parts the first part provides for proof of jurisdictional fact in respect of abscontion of an accused person and the second that there was no immediate prospect of arresting him.in the event, an order under the said provision is passed, deposition of any witness taken in absence of an accused may be used against ..... 25 thereof, sub-section (5) of section 14 thereof must also be held to have overriding effect over the provisions of code of criminal procedure and/or the indian evidence act and in that view of the matter the order dated 1st january, 1994 is unassailable(3) non recording of reasons, in any event, being only an irregularity, the provisions of ..... not rely on the proclamation made under section 82 of the code.it is in the aforementioned situation, we may consider as to whether sub-section (5) of section 14 of the act would be attracted.no application has been filed under the aforementioned provision.for invocation of the said provision, materials were required to be brought on record so as to enable the court .....

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Dec 04 2014 (HC)

Susanta Kumar Sahoo and Others Vs. Union of India and Others

Court : Orissa

..... uniform system of school education (amendment) act, 16 2011 amending section 3 of the 2010 act so that the commencement date in section 3 was kept in abeyance till further notification and the old system was revived. ..... the amendment act, 2011 was challenged. ..... the apex court while modifying the decision of the high court dated 14.6.2011 on the said amendment act directed besides other things constitution of a committee of experts and the expert committee was constituted and after having several meetings a joint report was submitted to the high court. ..... the high court by order dated 18.7.2011 found fault with the expert committee report and struck down the 2011 amendment act and issued direction to the state authorities to implement the provisions of act, 2010 commencing on or before 22.7.2011. ..... so far as applicability of state of tamil nadu and others v. ..... mohindra kumar and others, air 1964 sc 993 and municipal corporation of the city of jabalpur v. ..... in view of the aforesaid facts and circumstances and the law laid down by the apex court, fixation of enhanced fee remains with the domain of the management and the reasons for fixation of two separate fee structure of the students prosecuting in the same class under ..... in view of aforesaid provision of law, the power of the authority to enhance the fees no more remains res integra which is 12 subject to compliance of the requirements as discussed above. .....

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Jul 24 2014 (HC)

Mrs.N.Ratnakumari Vs. State of Odisha and Others

Court : Orissa

..... there has been certain amendment to the said act by virtue of transplantation of human organs (amendment) act, 2011 (16 of 2011). ..... learned counsel for the petitioner relied upon the decision of the hon ble supreme court in the case of kuldeep singh vstate of tamil nadu and others reported in (2005)11 supreme court cases 122 wherein section 9 of the 1994 toho act as was at that point of time governing the field was dealt with and hon ble court after extracting the provision of section 9 has held in paragraph 10 that the provision refers to donors who are ..... before his death to such recipient, who is his near relative, but such dono.is no.33 compatible biologically as a dono.for such recipient; then (c) the first dono.who is compatible biologically as a dono.for the second recipient and the second dono.is compatible biologically as a dono.of a human organ or tissue or both for the first recipient and both donors and both recipients in the aforesaid group of dono.and recipient have entered into a single agreement ..... the states except as provided to articles 249 and 250 and houses of legislature of two or more states passes a resolution then it shall be lawful for the parliament to pass an act for regulating the matter enumerated in the state list but such act will be applicable to the states which had passed the resolution and so far as other states are concerned, they can adopt it afterwards by resolution passed in that behalf by the 27 house or, where there are .....

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May 16 2014 (HC)

Sachalabala Sethy and ors. Vs. Chief Secretary and Chief Development C ...

Court : Orissa

..... government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state; the provision of land for any other scheme of development sponsored by government, or, with ..... reddy,(2011)10 scc 608 state of tamil nadu v. ..... as per provision under section 6(1) of the land acquisition (amendment) act, 1984 is published for the information of all concerned. ..... the facts of the present case, the monies once deposited in the account of idco by the kvk, belonged to idco and any payments made by idco to lao would be out of public funds thereby complying with second proviso to section 6 of the la act and the ratio laid down by the hon ble supreme court in pratibha nema s case.35. ..... matters to be considered in determining compensation- (1) in determining the amount of compensation to be awarded for land acquired under this act, the court shall take into considerationfirst- the market-value of the land at the date of the publication of the (notification under section 4, sub-section(1); secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the collector s taking possession thereof; 57 .....

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May 14 2014 (HC)

Aruna Kumar SwaIn and Another Vs. State of Orissa and Others

Court : Orissa

..... xx xx xx (4) notwithstanding anything contained an any law, rule, executive order or any judgment, decree or order of any court, no grant-in-aid shall be paid and no payment towards salary costs or any other expense shall be made to any private 6 educational institution or for any post or to any person employed in any such institution after the commencement of the orissa education (amendment) act, 1994, except in accordance with an order of rule made under this act. ..... made by a division bench of this court to the full bench for an authoritative pronouncement on the scope and ambit of section 7-c of the orissa education act, 1969 (hereinafter referred to as the act ), the interplay of section 7-c(1) and section 7-c(4) of the act and the grant-in-aid order promulgated in terms of section 7-c(4) of the act vis- -vis the jurisdiction of this court under article 226 of the constitution to direct the government for making necessary budgetary allocation for payment ..... same was incorporated in the act by orissa education (amendment act), 1994. ..... the posts in such educational institutions in respect of which grant-in-aid was being released shall continue 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 ..11. ..... state of tamil nadu, air 1983 sc 361 (2).9 ..... bombay municipal corporation, (1985) 3 scc 545 at pp ..... secondly, when the duties are obligatory, no grievance can be heard that they cast financial .....

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Dec 20 2013 (HC)

Snehamanjari Jena Vs. State of Odisha Rep.Through the Commnr-cum-secy. ...

Court : Orissa

..... to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter, directly in question in another court; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another court for a different purpose. ..... in other states, like andhra pradesh, chhatisgarh, bihar and tamil nadu national tenders have been invited. ..... as regards enhancement of rate due to price hike, the same was first enhanced in 1997 then in 2006 and lastly in 2011 by the state government, whereas the rate hike should be made every year taking into account the enhanced rates of raw materials, printing and binding charges. ..... as halsbury has observed "subject to appeal and to being amended or set aside a judgment is conclusive as between the parties and their privies, and in conclusive evidence against all the world of its existence, date and legal consequences" halsbury's laws of england, 3rd ed. ..... opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present writ petition and this court vide order .....

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Dec 20 2013 (HC)

The Odisha Printers and Binders Mahasangha, Bbsr, Re Vs. State of Odis ...

Court : Orissa

..... to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter, directly in question in another court; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another court for a different purpose. ..... in other states, like andhra pradesh, chhatisgarh, bihar and tamil nadu national tenders have been invited. ..... as regards enhancement of rate due to price hike, the same was first enhanced in 1997 then in 2006 and lastly in 2011 by the state government, whereas the rate hike should be made every year taking into account the enhanced rates of raw materials, printing and binding charges. ..... as halsbury has observed "subject to appeal and to being amended or set aside a judgment is conclusive as between the parties and their privies, and in conclusive evidence against all the world of its existence, date and legal consequences" halsbury's laws of england, 3rd ed. ..... opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present writ petition and this court vide order .....

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Dec 20 2013 (HC)

M/S.Mohapatra Binder, Rep.by Its Prop.Sibananda Mo Vs. State of Odisha ...

Court : Orissa

..... to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter, directly in question in another court; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another court for a different purpose. ..... in other states, like andhra pradesh, chhatisgarh, bihar and tamil nadu national tenders have been invited. ..... as regards enhancement of rate due to price hike, the same was first enhanced in 1997 then in 2006 and lastly in 2011 by the state government, whereas the rate hike should be made every year taking into account the enhanced rates of raw materials, printing and binding charges. ..... as halsbury has observed "subject to appeal and to being amended or set aside a judgment is conclusive as between the parties and their privies, and in conclusive evidence against all the world of its existence, date and legal consequences" halsbury's laws of england, 3rd ed. ..... opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present writ petition and this court vide order .....

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Dec 20 2013 (HC)

Meghanada Samal, M/S.Sonali Binding Works Rep.by I Vs. State of Odisha ...

Court : Orissa

..... to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter, directly in question in another court; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another court for a different purpose. ..... in other states, like andhra pradesh, chhatisgarh, bihar and tamil nadu national tenders have been invited. ..... as regards enhancement of rate due to price hike, the same was first enhanced in 1997 then in 2006 and lastly in 2011 by the state government, whereas the rate hike should be made every year taking into account the enhanced rates of raw materials, printing and binding charges. ..... as halsbury has observed "subject to appeal and to being amended or set aside a judgment is conclusive as between the parties and their privies, and in conclusive evidence against all the world of its existence, date and legal consequences" halsbury's laws of england, 3rd ed. ..... opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present writ petition and this court vide order .....

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Jul 31 2013 (HC)

Silicon Institute of Technology, Rep.its Managing Vs. State of Odisha ...

Court : Orissa

..... its wisdom after coming to the conclusion that the triple tests (fair, transparent and non-exploitative) were no.satisfied by the admission procedure adopted by the private professional institutions, has enacted the act, 2007 and has taken over the admission procedure and substituted it by its own procedure of admissions with the object of securing fair and merit-based admissions and preventing maladministration. ..... state of tamil nadu and anr. ..... of reservation under nri category which has been fixed by the state vide its admission brochure 2013-14 is bad in the eye of law and the reservation under nri category be made at 10% of the total intake capacity of the petitioner institutions. ..... on behalf of aicte submitted that in the interim policy regulations, 2003 it was specifically mentioned that the revision of aicte regulations in respect of 18 fees and admission is under consideration and till the same is amended, following interim regulations shall apply in supercession of existing provisions. ..... a ppb to supervise the entire process of admission of students and to recommend measures to the government and the second is the fee structure committee which will fix the fee of the institutions. ..... till last academic year 2011-12, the member-institutions were allowed to fill up such vacant nri seats in view of section 9(3) and (5) of the orissa act, 2007 under the supervision ..... seats remain vacant, a second jee may be conducted. ..... secondly, within this quota, the merit should no.be given .....

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