Court : Orissa
Reported in : 2009(1)OLR133
..... : air1983ap69 , after considering the entire law examined the nature of proceedings under the commissions of enquiry act, 1952 and reached the following conclusion:we may now sum up our conclusions:(i) the use of the accolade judicial or quasi-judicial to inquiries under the commissions of inquiry act, strictly speaking, is inappropriate. ..... the basic rules of natural justice have been incorporated in sections 8b and 8c of the act and the commission is invested with the power to regulate its own procedure subject to the provisions of the act and the rules made thereunder. ..... the state government decided to appoint a commission under the commissions of inquiry act, 1952 (hereinafter called the 'act, 1952') to enquire into the killing of swami laxmananda saraswati and the consequential communal violence in kandhmal and for that purpose, justice s.c. ..... district & sessions judge, thiruvananthapuram, kerala : 1999crilj2092 , supreme court observed:the work in a court of law is a serious and responsible function. ..... several instances of outraging the modesty of women were reported and some persons had been subject to inhuman torture. ..... : (2002)iillj836sc , the apex court held that it is necessary to make reference to the statute or statutory rules which govern the service condition in case of permanent employment.14. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR5
..... 1575 of 2002 before the orissa administrative tribunal to regularize their promotion as assistant engineers on ad hoc basis by amending the rules or by bringing their case within the scope of the validation act by implementing the decision of the high level committee dated 5.8.1992, the cabinet decision dated 3.12.1994. ..... however, it will be open for the state government to enact suitable law under article 309 of the constitution or under the proviso thereto laying down the principle/provision for consideration of regularization of ad hoc assistant engineers following the provision of article 16 of the constitution and also make suitable provision ousting the posts from the purview of the orissa public service commission of making amendment in the orissa public service commission (limitations of functions) regulations, 1989. ..... and proceeded ahead in accordance with its policy to validate the ad hoc appointment of the services of the assistant engineers from the stipendiary engineers, it cannot deny the benefit of the same policy decision so far as the degree holder junior engineers are concerned.learned counsel for the opposite parties contended that the validation act of 2003 is neither arbitrary nor against public policy but the said act has been passed in furtherance of a greater public purpose and interest. ..... manbodhan lal : (1958)iillj273sc which was relied upon by the kerala high court in k.m. ..... state of kerala and anr. .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT149
..... there is no evidence in the present case in the character of the land or in the making of the lease or in the content of the lease to support the plea on behalf of the state that it was a grant within the meaning of the government grants act.it is, therefore, clear from the facts of the present case that the land allotted in favour of the petitioner pursuant to a decision of the government by the idco cannot be said to be a government grant.20. ..... parties 3 and 4 and has undertaken that it will pay the balance arrear together with interest @ 14.5% per annum as per clause-2 of the stipulations in the letter dated 25.1.1995 along with other government dues within one month from the date of the order and will complete the construction and commission of steel plant by the end of 2010. ..... patnaik, learned senior counsel for the idco relying upon the decision in the case of kerala state electricity board and another (supra) contended that the allotment made in favour of the petitioner being in the nature of a contract, the same cannot be judicially reviewed. ..... the petitioner has pleaded that due to severe slump in the steel market, as the petitioner-company suffered financial constraints, it could not pay the subsequent instalments towards cost of the land and between 1997-2002, several rounds of discussions took place between the petitioner-company and the idco as well as the state government with regard to deferment of payment of instalments. .....
Tag this Judgment!Court : Orissa
Reported in : (2009)19VST178(Orissa)
..... illegally refused to issue declaration forms 'c' to which the petitioner is entitled in terms of section 8 of the central sales tax act, 1956 (hereinafter referred to as, 'the cst act') read with rule 12 of the central sales tax (registration and turnover) rules, 1957 [hereinafter referred to as, 'the cst (r&t;) rules] to purchase goods from outside state at a concessional rate of tax, on the ground that the petitioner has not paid entry tax under the orissa entry tax act, 1999 (hereinafter referred to as, 'the oet act') and rules framed thereunder.2. ..... lal relied on the decision of the kerala high court in salvicate (bangalore) private limited v. ..... the historic background leading to the enactment of section 8 as recommended by the taxation enquiry commission [report of the taxation enquiry commission (1953-54); vol. ..... the kerala high court in salvicate (bangalore) private limited [1998] 109 stc 543 held that withholding of 'c' forms may sometimes result in the complete destruction of trade or business in which event it may amount to total restriction which is impermissible under the law.13. .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR316
..... on plain reading of the said section clearly indicates that the procedure adopted by the learned magistrate runs contrary to what has been provided for in the said section and no complaint, admittedly has been filed by the victim for commission of offence under section 493 of the penal code. ..... by his commanding officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;(c) where the person aggrieved by an offence punishable under section 494 or section 495 of the indian penal code (45 of 1860), is the wife, complaint may be made 6n her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother ..... in this connection, reference may be made to a decision of the full bench of the kerala high court in the case of moideenkutty haji v. ..... shri padhi, the learned senior counsel for the petitioner submitted that none of the ingredients of section 493 being satisfied, the learned magistrate could not have taken cognizance of the said offence and has mechanically acted on the basis of the charge-sheet submitted by the investigating officer. ..... 1987 kerala 184. .....
Tag this Judgment!Court : Orissa
Reported in : I(1990)DMC335
..... appearing for the petitioner raised the following contentions :(1) notice under the provisions of section 66 of the code was not served on the petitioner;(2) before proceeding to decide the case ex parte, the requirements of the proviso to section 126(2) of the code were not followed inasmuch as no effort was made that the petitioner wilfully avoided service and neglected to attend the court; and(3) in the facts and circumstances of the case, the period of limitation commenced from the date of knowledge of the order and not fron the date thereof.mr. ..... full bench of the kerala high court interpreted section 126 and broadly laid down the following four principles :(1) before proceeding to hear and determine the case ex parte, the magistrate has to apply his mind to the question whether the opposite party is wilfully avoiding service or willfully neglecting to attend the court and be satisfied that there has been such wilful conduct on the part of the opposite party ..... depart from the case, i would suggest amendment of section 126(2), proviso so as to make provision to enable an aggrieved person to make a petition for setting aside an ex parte order of maintenance within three months from the date of the knowledge of the order in analogy of article 128 of the limitation act, 1963 ..... . so in terms of the statutory provision, the period of limitation of three months commences from the date of the ex parte order of maintenance.a division bench of the kerala high court in a case reported in .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori37
..... apart from that, the writ court, at an earlier stage of the proceeding, in the presence of the parties, had made it clear by its order dated 20-2-2003 that the payment made by the petitioner will be without prejudice to the rights and contentions in the writ petition and the petitioner had made payment of the dues of the erstwhile consumer under protest and on the condition that the same will be adjusted against the future bills in the event the case pending in the high court is decided in its favour. ..... in that case, the apex court was dealing with a contract which was statutory in nature as the matter arose under the kerala abkari act and it was pertaining to the excise year 1981-82. ..... premises, within one month after receipt of the application requiring such supply:provided that where such supply requires extension of distribution mains, or commissioning of new sub-sections, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the appropriate commission:provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the appropriate commission may extend the said period as it may consider necessary ..... 26,000/- on 28-2-2002 and again rs. ..... 2611 of 2002. ..... 26,500/- on 30-5-2002. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR988
..... the same work as that of the lecturers working in the mba department, the university authorities vide annexure-4 series recommended to the ugc to re-designate the post of research associate as lecturer, considering the aforesaid recommendation, the ugc by its letter dated 20.11.1998 under annexure-5 intimated that it has no objection to redesignate the post of research associate as lecturer.on the basis of the recommendation of the university authorities vide annexure-4 series, the deputy secretary to the government in higher education department vide letter dated 20.9.2002 (annexure-6) conveyed the decision of the state government to re-designate the ..... programme in the berhampur university, on the recommendation of the all india board of management studies, the university grant commission (ugc) by its letter dated 30.4.1987 vide annexure-1 conveyed its approval to the non-recurring and recurring grants for starting of the m.b.a. ..... urmimala das, who was working as research associate in the women's studies research centre of the university, by order dated 13.2.2008 re-designated the post of research associate of the research centre as lecturer along with re-designation of the incumbent of the said post, i.e. dr. ..... the petitioner has annexed the information received by him under the right to information act as annextire-12 series and annexure-13 to the additional affidavit filed by him on 27.2.2007. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR361
..... viewed in this manner, in which we find no conceptual difficulty or anachronism, we find no reason why the requirement of article 14 should not extend even in the sphere of contractual matters for regulating the conduct of the state activity..thus, every holder.of a public office is a trustee whose highest duty is to the people of the country and, therefore, every act of the holder of a public office, irrespective of the label classifying that act, is in discharge of public duty meant ultimately for public good. ..... an enquiry should not be shut out at the threshold because a political opponent of a person with political differences raises an allegation of commission of offence.... ..... jagdamba oil mills : [2002]1scr621 , held as under:the methodology which can be adopted for receiving maxir.um consideration in a normal and fair competition would be the public auction which is expected to be fair and transparent. ..... govt, of kerala : air1997sc128 ; and union of india v. ..... kerala financial corporation : [1988]1scr1079 ; chairman & md sipcot (supra); and g.d. ..... huda : air1996sc3458 ; state of kerala v. m. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR58
..... finding no way out, the wife of the petitioner made a representation before the national commission for women seeking its help. ..... the order of the court martial reads as follows:the court having found the accused lieutenant swapan kumar mishra (02839 a) guilty of two charges under section 54(2) of the navy act, 1957 one charge under section 406 ipc read with section 77(2) of the navy act, 1957 adjudges the said lieutenant swapan kumar mishra (02839 a) to suffer six (6) calendar month's rigorous imprisonment as a class a prisoner, to be dismissed from the naval service and to suffer the consequential penalties involved. ..... patnaik submitted that the said authority found the petitioner guilty of two charges under section 54(2) of the navy act and one charge under section 406 ipc read with section 77(2) of the navy act and adjudging the guilt sentenced him to suffer six calendar months rigorous imprisonment as a class 'a' prisoner and further directed that he be dismissed from service and to suffer consequential penalties involved. ..... after receiving notice the opposite parties entered appearance in the writ application and filed their counter-affidavit taking the stand that the dismissal from service of the petitioner was in terms of section 81(1)(c) of the navy act and, as such, he was not entitled to any pension. .....
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