Court : Orissa
Reported in : (1975)ILLJ48Ori
..... has the right to organise and address meetings to be attended by other employees and to tell them what are their rights and how to protect them. such an act is bound to be linked with the general relationship between the appointing authority and the appointee and may have direct connection with the contentment and ..... to article 309 of the constitution. the petitioners are government servants as well as industrial workers. in the capacity of industrial workers they are entitled to protection of certain rights provided under various industrial laws. but as government servants they are also to be governed by the the rules framed by government under ..... orissa service code and other rulei, both statutory and administrative, framed by government from time to time. as industrial workers, they were also having the protection of the various industrial and labour laws prevalent in the country. necessity was gradually experienceed for a comprehensive set of codified rules laying down the conditions of .....
Tag this Judgment!Court : Orissa
Reported in : 2008(1)OLR443; (2008)15VST296(Orissa)
..... 303 and 304 of the constitution. the constitution bench analyzing the power of the state legislature to enact any law which may come under the protection of article 304(b) observed that apart from the limitation imposed by article 301, clause (1) of article 303 imposes additional limitation, namely ..... commerce for providing various trading facilities to the trading community of different statutes like the orissa development authority act, 1982, orissa municipal corporation act, orissa municipal act, orissa zilla parishad act, orissa panchayat samiti act, gram panchayat act. under the above mentioned statutes, provisions of the establishment of market place, shopping complex, village market, ..... culverts constructed, repaired, renovated, expanded through the state. he further stated that the assignment sought to be made under section 36 of the act is justifiable on the basis of the statutory functions and obligation saddled upon the local areas. the expenditure on that score goes directly to .....
Tag this Judgment!Court : Orissa
Reported in : 50(1980)CLT13
..... was followed in very quick succession by two other demands within 7 to 8 days with a huge total tax demand of nearly 50 lakhs under both the acts. it preferred appeals against these assessments before the assistant commissioner of sales tax on the ground that the impugned assessments were inherently without jurisdiction, without the authority ..... representatives of the assessee ; has taken their statements on oath and on their admitted failure to reconcile the anomalies, assessed the petitioner under section 12(4) of the act. section 12(4) postulates a case where a dealer has not furnished the return within the prescribed date. in these cases, as already said, some of the ..... returns have been filed beyond the prescribed date and yet the assessing authority takes them into consideration for which there is no express provision under section 12 of the act, they overlap. the crucial point is if a situation for 'best judgment assessment' has arisen or not. in the instant case, with the rejection of .....
Tag this Judgment!Court : Orissa
Reported in : 1997(1)ALT(Cri)8; 83(1997)CLT110; 1997(I)OLR47
..... . a woman cannot be treated as an object of pleasure. no man should entertain the idea that a woman has to depend on man at every stage of life for protection of her dignity and self-respect every man conceiving the notion of sexual assault must remember that in the bodily frame of a woman remains the soul of a ..... the appellant was 25 years at the time of occurrence. it is not that he was that young to be unable to know the effect or the consequence of his act. while dealing with a case of rape and after being convinced about commission of the crime, the court has to be stern in imposing the sentence. recently, this court ..... succumbing to the most inferior bestial propensities of lowly human nature and exposing his perverse impulse shattered the serene innocence of a eight year girl depriving her of the life-time privilege of cherishment of the childhood memory in posied tranquillity and compelling her to remain in constant despair bearing the burnt of an incurable stigma.2. the appellant .....
Tag this Judgment!Court : Orissa
Reported in : II(1991)DMC403
..... by the learned magistrate directing the petitioner to pay maintenance to the opposite parties needs reconsideration arid modification in view of the provisions of the act muslim women (protection of rights on divorce), act, 1989 and the petitioner will be seriously prejudiced if this important and vital aspect of the case is not taken into consideration. it ..... is whether the proceeding under section 125, criminal procedure code (cr.p.c.) is liable to be reopened in view of the provisions in the muslim women (protection of rights on divorce) act, 1986 (25 of 1986) 72. the factual background of the case leading to the present proceeding may be shortly stated thus: the petitioner is the ..... provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband etc.11. sub-section (4) makes provision for enforcement of the order passed under .....
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ2039; I(1992)DMC228
..... by the learned magistrate directing the petitioner to pay maintenance to the opposite parties needs reconsideration and modification in view of the provisions of the act muslim women (protection of rights on divorce) act, 1986 and the petitioner will be seriously prejudiced, if this important and vital aspect of the case is not taken into consideration. it ..... whether the proceeding under section 125, criminal procedure code (cr.p.c.) is liable to be re-opened in view of the provisions in the muslim women (protection of rights on divorce) act, 1986 (25 of 1986) ?2. the factual background of the case leading to the present proceeding may be shortly stated thus. the petitioner is ..... fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced women, the standard of life enjoyed by her during her marriage and the means of her former husband etc. sub-section (4) makes provision for enforcement of the order passed under sub .....
Tag this Judgment!Court : Orissa
Reported in : (2008)14VST557(Orissa)
..... of pta were not covered by any of the invoices disclosed by the drivers and thereupon, notices under section 74(8) of the orissa value added tax act, 2004 (ovat act) were issued on each of the trucks. by the said notices, petitioner no. 1 was called upon to appear before the sales tax officer to pay ..... also stated that the consignments, which were supported by valid documents being in course of inter-state trade, cannot wipe out the liability of the petitioners under ovat act in respect of the consignments, which have been carried surreptitiously and without having any documents. it is stated that the explanation which is submitted relating to non-submission ..... the measure impugned and the other offending the same, the court will lean towards the first if it be compatible with the object and purpose of the impugned act, the mischief which it sought to prevent ascertaining from relevant factors its true scope and meaning.16. relying on the aforesaid proposition, the learned counsel urged that .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ545; 2008(II)OLR690
..... its proprietor sri bibhuti bhusan mishra, has filed this writ application seeking a direction to the district administration as well as the police authorities to provide protection to the life and property of the petitioner who claims to threatened by the private opposite parties 5 and 6 who are allegedly restraining them from carrying on their ..... doubt, the local villagers may have certain complaints against the industries operating in their locality and it is open for such villagers to make representation or to act as law-abiding citizens by bringing it to the notice of appropriate authorities. even if any infraction ever occurs, neither the constitution of india nor the law ..... unit has also obtained 'consent order' for carrying on business of brick kiln as required under section 21 of the air (prevention and control of pollution) act, 1981 from the orissa pollution control board. it is also asserted that the initial consent order granted by the pollution control board on 24.12.2005 was .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori28
..... account while fixing the salary for the period he served as whole time president of the state commission under the consumer protection act. consequently the deduction of rs. 12,724/- per month from his salary is illegal and would constitute a constitutional infraction.12. in this view of the ..... by the supreme court in sankalchand himatlal sheth's case (air 1977 sc 2328) (supra). no such provision having been pointed out to us in the consumer protection act or the rules made thereunder, the conclusion is irresistible that no part of the petitioner's pension earned as a judge of the high court can be taken into ..... commissions/committees of enquiry. this is not applicable to the present petitioner as he was appointed on whole time basis as president of the state commission under the consumer protection act, 1986. in this connection, we have gone through the judgment rendered by this court in the case of prafulla kishore mohanti v. state of orissa and ors. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori195
..... s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself. the protection and improvement of the human environment is a major issue which affects the well-being of people and economic development throughout the words, it is theurgent ..... just to punish the culprit but to balance the eco-system. the noteworthy development in this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c. m. jariwala in his article 'changing dimensions of indian environmental law' in ..... avoidance of disturbance on surface. these need to be strictly followed. stowing of sand in the required ratio should be adhered to. the authorities under the mines act should make periodic verification to ensure that mines safety is maintained. it is not to be forgotten that while everything on the surface appeared to be normal .....
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