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Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Court: orissa Page 8 of about 80 results (0.081 seconds)

May 13 2009 (HC)

Chandradhoja Sahoo Vs. Member, Board of Revenue and ors.

Court : Orissa

Reported in : 2009(II)OLR8

..... a writ of mandamus or a writ in the nature of mandamus or pass orders and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the government or a public authority, and in a proper case, in order to prevent injustice resulting to the concerned parties, the court may itself pass an order or give directions which the government or the public authority should have passed or given had it properly and lawfully exercised its discretion ..... into prior to the 30th day of november, 1947, in favour of any religious, charitable or educational institutions or of any hospital or of any local authority or co-operative society registered either under the madras co-operative societies act, vi of 1932 or the bihar and orissa co-operative societies act, vi of 1935, as the case may be, of any other public body or institution;(ii) any such transaction in respect of private land forest land entered into prior to the 30th day of november, 1947, in favour ..... therefore, in absence of a separate holding, opening of tenant's ledger in the name of the petitioner and realization of rent by the revenue inspector was unlawful. ..... by judgment dated 23.7.2008, a division bench of this court set aside the order passed by the hon'ble single judge and remitted the matter to hon'ble single judge to decide the case on merit after giving an opportunity of hearing to .....

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Apr 16 2009 (HC)

Khirodini Mohapatra and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2009Ori176

..... disputed lands were situated, was brought within the fold of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972, hereinafter to be called as 'the consolidation act', in short, land register was prepared and published. ..... peaceful possession of the lands, which were settled in her favour towards her maintenance by registered settlement deed executed in the year 1951 till the commencement of the hindu succession act, 1956, and had acquired valid right, title and interest over the same, bereft of the restrictions imposed by the deed. ..... of the deed of settlement, suryamani was to enjoy the disputed land during her life time for her substance, but she was prevented to alienate the same by way of sale, gift, mortgage, exchange or otherwise. ..... settlement executed in the year 1951 and as she was possessing the same in consonance with the said deed, the case would be squarely covered under sub-section (2) of section 14 of the hindu succession act, 1956 and suryamani can never acquire absolute right over the properties settled by a deed executed in 1951. ..... submitted that as the properties were settled by a deed of settlement in consonance with section 14(2) of the hindu succession act, the restrictions imposed would continue.the consolidation officer after hearing all the parties held that the properties having been settled ..... though the parties took active part in both the forums and in fact, the ..... saraswathibai : (2008) 1 scc 456 : air 2008 sc 500 the supreme .....

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Sep 03 2009 (HC)

Mani Vyapar Private Ltd. Vs. Sanwaria Steel Private Limited and anr.

Court : Orissa

Reported in : 108(2009)CLT814; 2009(II)OLR785

..... granted generally to preserve or restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining, but since the granting of such an injunction to a party who fails or would fail to establish his right ..... the same was amended and extended on 31.8.2008 and was valid up to 31.9.2007. ..... however, if the case is clear and one which the court thinks ought to be decided at once, or if the act done is a simple and summary one which can be easily remedied, or if the defendant attempts to steal a march on the plaintiff, such as where, on receipt of notice that an injunction is about to be applied for, the defendant hurries on the work in ..... he further stated that if a licensee was dispossessed unlawfully by the license or before expiry of the licence period then the licence is entitled to recovery of possession, notwithstanding that the period of licence had expired long back during pendency of legal proceedings. ..... (2) it is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money.15. ..... such act caused irreparable damage to the petitioner and balance of convenience lay in his favour as he was dispossessed without effective service of notice. .....

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Sep 22 2014 (HC)

Nari@ Narasingh Mohanty Vs. Union of India and Others

Court : Orissa

..... was reliable material before the said authority on the basis of which it could have reason to believe that there was real possibility of his release on bail and being released he would probably indulge in activities, which are prejudicial to public order; (iii) necessity to prevent him for which detention order was required.19. ..... whereas i am satisfied after examining the material evidences submitted by the superintendent of police ganjam, chatrapur vide letter no.3220/ib dt.05.11.2013 that the criminal activities of nari @ narasingha mohanty aged about 30 years, s/o mag mohanty of bada sahi, humma ps: rambha dist: ganjam, is prejudicial to the ..... a nut-shell is that opposite party no.3- collector and district magistrate, ganjam on a proposal of the report of opposite party no.4-superintendent of police, ganjam in exercise of power under section 3(2) of the national security act, 1980 (for short, ns act ) passed the order of detention on 15.11.2013 directing detention of the petitioner-detenu in sub-jail, kodala until further orders. ..... efforts to refrain you, the agitators paid deaf ear to the approach of police and became more adamant and violent in continuing unlawful and nefarious activities. ..... of 2008 has ..... case no.61 dated 25.05.2008 was registered under sections 147/ 148/ 294/ 323/ 325/307/ ..... on 06.02.2008, one bipra sahoo of huma met with an accident on nh-5 near huma, by which the detenu along with his supports made rasta roka , thereby creating panic in the minds of the general .....

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Oct 11 2012 (HC)

Shri Prasant Kumar Das Vs. the State of Orissa and Others

Court : Orissa

..... madras high court had been dealing with the natural resources providing for water storage facility and in that view of the matter the state was directed to take all possible steps both preventive as also removal of unlawful encroachments so as to maintain the ecological balance.12. ..... dated 31.8.2007 has clearly opined that all the tanks/ water-bodies available physically in cuttack city should be preserved for future use irrespective of their classification as the water-bodies act as rain-water storage during heavy rain-fall and also help in recharging ground water on which entire cuttack city depends for drinking water purpose 10. ..... the tanks which have already been filled up, but construction activity has not been taken up, should be kept as such so that it can be used for water seepage and for improving ..... department, the under secretary of the department filed an affidavit dated 11.12.2008 indicating that in compliance of the direction of this court dated 9.7.2008 the department had convened a meeting of all concerned and instructed the cmc and the revenue authorities to assess the requirement of acquisition of ponds in the city and accordingly the collector and district magistrate, ..... along with the minutes of the meeting held on 3.7.2008 and the decisions taken in the said meeting, as indicated in paragraphs 3, 4 and 5 of the minutes, are extracted hereunder : (3) (4) (5) a team comprising representatives of the revenue departrment and the cuttack municipal corporation would .....

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Apr 11 2011 (HC)

M/S. Shyama Minerals Vs. State of Orissa and Others

Court : Orissa

..... the ministry of railways issued another revised procedure/modality order on 21.05.2010 (annexure-9).the chief manager, south eastern railways amended the earlier demand and claimed rs.8,69,61,600/- for stacking charges for the period from 01.03.2010 to 30.04.2010 (excluding the period when there was promulgation of section 144 cr.p.c. ..... he was granted licence vide letter no.79875 dated 31.12.2008 by opposite party no.2 for storing iron ore under the orissa minerals (prevention of theft, smuggling and illegal mining and regulation of possession, storage, trading & transportation) rules, 2007 (for short, rules, 2007) and was allowed to store iron ore at bansapani plot no.624, khata no.131/167 and ..... , railway authorities including others were restrained from entering into and conduct any activity relating to loading and unloading of materials at the bansapani railway siding for 60 days commencing from the date of the order i.e. ..... since the petitioner has committed unlawful act by dumping the alleged materials in the railway premises without any authority and required permission, the wharfage/stacking charges has been rightly imposed on such illegal stacking/storing. ..... in order to bring transparency in carriage of iron ore, annexure-7 to the writ petition was issued by the railways.the purpose of annexure-7 to the writ petition was to prevent illegal transportation of iron ore and minerals from orissa. ..... in order to prevent the illegal transportation of iron ore through the railways. .....

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Oct 11 2012 (HC)

Tapan Kumar Das Vs. Commissioner, Cuttack Municipal Corporation and Ot

Court : Orissa

..... madras high court had been dealing with the natural resources providing for water storage facility and in that view of the matter the state was directed to take all possible steps both preventive as also removal of unlawful encroachments so as to maintain the ecological balance.12. ..... dated 31.8.2007 has clearly opined that all the tanks/ water-bodies available physically in cuttack city should be preserved for future use irrespective of their classification as the water-bodies act as rain-water storage during heavy rain-fall and also help in recharging ground water on which entire cuttack city depends for drinking water purpose 10. ..... the tanks which have already been filled up, but construction activity has not been taken up, should be kept as such so that it can be used for water seepage and for improving ..... department, the under secretary of the department filed an affidavit dated 11.12.2008 indicating that in compliance of the direction of this court dated 9.7.2008 the department had convened a meeting of all concerned and instructed the cmc and the revenue authorities to assess the requirement of acquisition of ponds in the city and accordingly the collector and district magistrate, ..... along with the minutes of the meeting held on 3.7.2008 and the decisions taken in the said meeting, as indicated in paragraphs 3, 4 and 5 of the minutes, are extracted hereunder : (3) (4) (5) a team comprising representatives of the revenue departrment and the cuttack municipal corporation would .....

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Jul 24 2013 (HC)

Ajit Kumar Routray Vs. State of Orissa and ors.

Court : Orissa

..... for the excise year, 2013-14 is a clear case of discrimination; e-auction process is beyond the scope of section 29(2) of the act since section 29(2) does no.empower the state authorities for settlement of privilege and grant of licence through e-auction, determination of consideration money through e-auction without amending section 29 to that effect is illegal; in the event of implementation of e-auction process there will be monopoly of big traders in selling ..... to 6 collect arrear excise revenue from the defaulting licensees; by implementing e-auction process there is no chance of generation of more revenue; in exercise of power under section 89(2) (1) of the act government has no.made any rule regulating procedure to be followed and prescribing the manner to be ascertained before issuing any licence for the whole year for retail vend or any intoxicant is granted for ..... in the trade, who were no.in the previous year licensees is ex facie arbitrary: it had no direct relation to the object of preventing exploitation of pluckers and growers of kendu leaves, no.had it any just or reasonable relation to the securing of the full benefit from ..... is no fundamental right to do trade or business in intoxicants and the state has the authority to prohibit every form of activity in relation to intoxicants including manufacture, storage, export, import, sale and possession. ..... state of orissa and others, 105 (2008) clt 16.submitted that policy being no.violative of either constitutional right .....

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Jul 31 2013 (HC)

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

Court : Orissa

..... 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. ..... nos.2873 of 2007 and others passed interim orders on 01.06.2007 in staying operation of sections 4(1), 4(2), 4(4), 6(1), 6(2) and 6(3) of the orissa act, 2007 with regard to constitution of policy planning body (ppb) and fee structure committee (fsc) and formed the said two committees which are presently functioning under ..... 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. ..... seats should be made available as the money brought by such students admitted against nri quota enables the educational institutions to strengthen its level of education and also to enlarge its educational activities. ..... 2007-08, 2008-09, 2009-10 and 2010-11 and till last academic session 2011-12, 15% nri seats and vacant nri quota seats were allowed to be filled up through member-institutions as per the provisions envisaged under section 9 of the orissa act, ..... 2008 .....

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Jul 31 2013 (HC)

Orissa Private Engineering College Association (Op Vs. State of Odisha ...

Court : Orissa

..... 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. ..... nos.2873 of 2007 and others passed interim orders on 01.06.2007 in staying operation of sections 4(1), 4(2), 4(4), 6(1), 6(2) and 6(3) of the orissa act, 2007 with regard to constitution of policy planning body (ppb) and fee structure committee (fsc) and formed the said two committees which are presently functioning under ..... 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. ..... seats should be made available as the money brought by such students admitted against nri quota enables the educational institutions to strengthen its level of education and also to enlarge its educational activities. ..... 2007-08, 2008-09, 2009-10 and 2010-11 and till last academic session 2011-12, 15% nri seats and vacant nri quota seats were allowed to be filled up through member-institutions as per the provisions envisaged under section 9 of the orissa act, ..... 2008 .....

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