Court : Orissa
Reported in : (2009)26VST268(Orissa)
..... they would also demonstrate how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts considered and the conclusions reached, lest it would be arbitrary, unfair and unjust, violating article 14 or unfair procedure offending article 21.4. ..... union of india air 1990 sc 1984, it has been held that the object underlying the rules of natural justice is to prevent miscarriage of justice and secure fair play in action. ..... every activity of the public authority or those under public duty must be received and guided by the public interest. ..... every state action must be informed by reason and it follows that an act un-informed by reason, is arbitrary. ..... 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. ..... (i) industrial unit which is registered under the orissa sales tax act, 1947. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR976
..... (i) must have passed the 1st bds; 2nd bds; 3rd bds and final bds examination from the same university, (ii) must have completed one year of compulsory rotating internship/housemanship by 31.3.2008; (iii) must have permanently registered himself/herself with state/central counsel and finding the petitioner eligible, the mds selection committee resolved in its meeting that the merit list being correct in all ..... cuttack for the academic session 2008-09 in the discipline of pedodotnics & preventive dentistry and oral in maxilofaclal ..... the petitioner has stated in the rejoinder affidavit that in the meeting of mds course dated 5.6.2008, the proceeding of which has been annexed as annexure-c/3 and which has been duly approved by the director of medical education and training, it was resolved that the candidates selected will be ..... expectation may come in various forms and owe their existence to different kind of circumstances and it is not possible to give an exhaustive list in the context of vast and fast expansion of the governmental activities. ..... adherence to their principles of natural justice, in the facts of the case, is an empty formality or an useless formality and non-observance of the same has not caused any prejudice to the party concerned, the act cannot be held to be arbitrary on that ground. ..... expectation can be considered to be an off-shoot of the general doctrine that every public authority must act fairly. ..... court was considering an appeal under the income tax act, 1961. .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ4525
..... obstruction or nuisance; or(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or(v) to fence such tank, well or excavation; or(vi) to destroy, confine ..... magistrate or any other executive magistrate specially empowered in this behalf by the state government on receiving the report of a police officer or other information and on taking such evidence as he thinks fit, considers:(a) that any unlawful obstruction or nuisance should be removed from any public place from any way, river or channel which is or may be lawfully used by the public; or(b) that the conduct of any trade or occupation or the keeping ..... after enquiry, the tahasildar submitted a report to the sub-divistpnal magistrate to the effect that the present petitioner has unlawfully obstructed the flow of water by making ridges and due to such obstruction, the excess water of the 'munda' could not be utilized ..... the parties, examining the witnesses and going through the report of the tahasildar, by his order dated 28-8-2004 directed the petitioner to remove the unlawful obstruction of natural flow of water on the northern side of plot no. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT270; [2008(119)FLR170]; (2009)ILLJ384Ori
..... 436 dated 22.2.97(copy enclosed).your above conduct shows your malafide intention to screen and or destroy the evidence against your such unlawful activities which amount to gross misconduct and thus unbecoming of a government savant.you are hereby directed to submit your written statement of defence by 24.6.2000, failing which the matter shall be decided ex parte.you are further directed to ..... the aforesaid two letters (reply to quarry) were subsequently found to be forged one.your above commissions and omissions exhibit your indulgence in unlawful, immoral and unfair activities amounting to forgery, fraud, mischief and cheating which constitute act of gross misconduct and thus unbecoming of government servant.you are hereby directed to submit your written statement of defence before 23.2.98 failing which the matter shall be decided ex parte.you are further directed to state specifically ..... that strict standard of proof or applicability of the evidence act which stands excluded from departmental proceeding is a settled legal position. ..... so, the crime is an act of commission in violation of law or of omission of public duty. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori126; (2008)106CALLT26(NULL)
..... chemicals limited (unit-ii) in this writ application seeks to challenge the order dated 25.5.2007 (annexure-4) directing suspension of its licence for storage and transportation of minerals under section 6 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1989 (in short 'orissa act, 1989') apart from the challenge to the order dated 18.06.2007 (annexure-6) directing cancellation of the petitioner's licence in purported exercise of power under section 7 of the orissa act, 1989. ..... mohanty submitted that whereas the petitioner does not question the legislative competence to legislate the orissa act, 1989 at the time of its legislation, yet, after promulgation of the mines and minerals (regulation and development) amendment act, 1999 (act 38 of 1999) by the union legislature with effect from 20.12.1999, all aspects of storage, transportation etc. ..... that judgment of this court was not challenged by the state and therefore, in view of the above conclusive finding of this court, since the mmdr act was amended since 18.12.1999 and by the said amendment, similar provision as contemplated in the state act, 1989 and 1990 rules, having been provided in the central act, 1957, this court has clearly declared that the said provision of the state act became inoperative on and from the said date i.e. .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2397; 2008(I)OLR721
..... enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence; or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession ..... basis of above finding, this court came to the following conclusion:on the basis of the discussions made in the preceding paragraphs, we are of the opinion that the rigours of section 441, ipc as amended by the orissa act 22 of the 1986 shall not be applicable to the following cases:(i) statutory tenants whose tenancy is governed by any statute. ..... the supreme court proceeded to observe as under:xxxxxx while no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should ..... be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. ..... : 2005crilj92 , observed as follows:xxxxx authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent abuse. .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT192(NULL)
..... by virtue of the constitution (forty-sixth amendment) act, legislative power was conferred on state legislatures to levy sales tax on transactions-which are strictly not sales within the purview of the sale of goods act, but covered by sub-clauses (a) to (f) of clause (29a) of ..... parliament enacted the constitution (forty-sixth amendment) act, 1982, by which clause (29a) ..... iax on the lease rental against the nil return filed by the petitioner, the assessing officer placed reliance on the explanation to section 2(g)(iv)(a)(i) of the orissa sales tax act, 1947 (hereinafter, 'ost act') which stipulates that the sale or purchase of goods shall be deemed to take place inside the state if the goods are within the state at the relevant time.7 ..... it is also argued that if the said erected and commissioned boiler is regarded as immovable property, then, no tax under section 2(g) of the ost act can be charged on the lease rentals, because tax can only be charged on the transfer of right to the use of goods and not in respect ..... the foundation of all the activities carried on by the petitioner, ijt and imfa stem from the tripartite agreement entered into amongst them on 31.7.1995 and the lease agreement entered into between the petitioner and ..... executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, the high courts, it is well-settled, will issue appropriate orders or direction to prevent such consequences.20 .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT76
..... the tahasildar, sadar cuttack on 12.2.2008 stating therein as follows:that pursuant to the aforesaid order of this hon'ble court, this deponent personally verified the legal heir certificate bearing no. ..... original file or reconstituted file and since delay in adjudication of the present appeal, by order dated 4.2.2008 the tahasildar was directed to verify the legal heir certificate which had been kept in a sealed cover with the deputy registrar (judicial) and to file an affidavit with regard to the authenticity and genuineness of the said certificate by 12.2.2008, after verification of the original certificate.pursuant to the aforesaid directions, an affidavit has been filed by ..... , on a consideration of the facts as noted hereinabove, it would be clear that no inference or presumption of law would arise from the said facts in order to try and stone wall/prevent any attempt being made by smt. ..... parbany jena are wholly unlawful and should not be entertained. ..... by a garrison engineer, who obviously has no personal knowledge as to whether these persons have been at all adopted, and if adopted and whether have been adopted in compliance of the requirements of the hindu adoption and maintenance act.12. .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT661
..... under the proviso to sub-section (1) of section 21 a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the air (prevention and control of pollution) amendment act, 1987, for which no consent was necessary prior to such commencement, has been allowed to continue for a period of three months from such commencement or till disposal of the application ..... the orissa gazette dated 30th of august, 2003, the state government after consultation with the state board for the prevention and control of air pollution amended the orissa air (prevention and control of pollution) rules, 1983. ..... of the notification dated 17th/18th july, 2002 declaring the entire state of orissa as air pollution control area under section 19 of the act, 1981 and refuse the prayer of the petitioners to issue direction to the state government to adapt the siting criteria followed in the neighbouring ..... orders directing closure of the units have been passed only on the basis of alleged violation of siting criteria prescribed under the environment protection act, notified by the government in forest and environment department notification dated 13th may, 1998 published in the orissa gazette dated 5th june, 1998 ..... that no such notification may be made without prior consultation with the board who may assess/evaluate the pollution potential/levels of different air polluting activities and on identification, recommend to government for the purpose. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR620; (2008)16VST85(Orissa)
..... according to the decision in the case of bihar chamber of commerce, an indirect or incidental benefit to traders by reason of stepping up the developmental activities in various local areas of the state can be brought within the concept of compensatory tax, the nexus between the tax known as compensatory tax and the trading facilities not being necessarily ..... so imported and goods so manufactured or produced; and(b) impose such reasonable restriction on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest.provided that no bill or amendment for the purpose of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.22. ..... falling within the class defined under sub-section (1) of section 5 of the act is prevented from collecting the surcharge recovered from him, does not affect the competence of the state legislature to make a provision like sub-section (3) of section 5 of the act nor does it become a tax on his income. ..... consequently, this court ware its judgment dated 17.1.2008 has dealt with only the issue whether the impugned levy 'imposed by way of orissa entry tax act' was compensatory in nature and considered whether the impugned enactment facially or patently indicates the quantifiable data on the basis of which, the compensatory tax is sought to be levied and whether the act facially indicates the benefits which is quantifiable or measurable and the .....
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