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Judgment Search Results Home > Cases Phrase: wild life protection act 1972 section 38k definitions Court: orissa Page 15 of about 637 results (0.603 seconds)

Apr 28 1993 (HC)

Indian Charge Chrome Ltd. Vs. Union of India (Uoi)

Court : Orissa

Reported in : 1993(44)ECC65; 1994(72)ELT538(Ori)

..... the fundamental rights. (see a.l. kerala v. the project and equipment corporation of india ltd., air 1984 supreme court 1361). the purpose of equal protection clause is to secure every person within the state against arbitrary discrimination, whether occasioned by the express terms of the statute or by their improper application through duly ..... v. v.d. ramarathnam, assistant passport officer, new delhi and ors., air 1967 supreme court 1836. an executive action which results in denial of equal protection of law or equality before law can be judicially reviewed and can be struck down on the ground of discrimination. the wisdom of a legislative policy may not ..... of. the equal protection clause can be invoked not merely when discrimination appears on the express terms of the statute itself, but also when it is the result of improper or prejudicial execution of the law. even in matters of bounty, charity, subsidy or privileges, the state or any public authority cannot act arbitrarily and their .....

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Mar 13 2012 (HC)

Kuni Parida, W/O.Late Ladu@ Rajkishore Parida, Khu Vs. State of Orissa ...

Court : Orissa

..... civil action but by way of compensation under the public law jurisdiction for the wrong done, due to breach of public duty by the state of not protecting the fundamental right to life of the citizen. to repair the wrong done and give judicial redress for legal injury is compulsion of judicial conscience. xxxx xxxx xxxx 55. thus, to ..... action like civil suit for damages which is lawfully available to the victim or the heirs of the deceased victim with respect to the same matter for the tortious act committed by the functionaries of the state. the quantum of compensation will, of course, depend upon the peculiar facts of each case and no strait-jacket formula can ..... corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilisation is not to perish in this country as it has perished .....

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May 18 2012 (HC)

Gangadhar Pradhan Vs. Rashmibala Pradhan

Court : Orissa

..... of all forms of discrimination against women (c e d a w) in it's general recommendation not xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family.2. the phenomenot of domestic violence is widely prevalent but has remained largely invisible in ..... mental, to the aggrieved person. explanation i.-for the purposes of this section,(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person 8 and includes assault, criminal intimidation ..... is extracted below: 3. definition of domestic violence.-for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to .....

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Jan 22 1951 (HC)

Bala Majhi Vs. the State of Orissa

Court : Orissa

Reported in : AIR1951Ori168

..... them & others from committing offences. the object of the law of procedure, including the law of evidence, is or ought to be that the innocent shall be protected & the guilty punished.'any view, therefore, as regards judicial confessions which proceeds on a feeling that a magisterial confession is only a few degrees less open to ..... , what purports to be the confessional statement, cannot be treated as a validly recorded confession under schedule 64 which could be brought in under schedule 6, evidence act & that it must therefore be disregarded.25. the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record ..... or has been received in evidence. the result intended for is that the recorded statement or confession shall be admitted into evidence notwithstanding anything contained in the evidence act, 1872, (s. 91), but always subject to the consideration that the error, if any, has not injured the accused in his defence on the merits.' .....

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Mar 03 1965 (HC)

Harihar Bahinipaty and ors. Vs. State of Orissa

Court : Orissa

Reported in : AIR1966Ori35; [1965(10)FLR313]

..... to the deity by the pilgrims visiting the temple.14. from very early times the temples of the religious institutions in this country were under the special protection of the ruling authority. the former rulers of this country always asserted the right to visit these institutions to prevent and redress the abuses in their management. ..... such other persons connected with the seva, puja or management of the temple and its endowments.17. accordingly the special officer appointed under the puri shri jagannath temple act (act 14 of 1952) filed his report in 1954 (published in the orissa gazette under notification d/-. september 6, 1954) containing therein succinctly a brief outline of ..... by them is an industry under section 2(j), because, essentially the creation of a well-educated, healthy young generation imbued with a rational progressive outlook on life which is the sole aim of education, cannot at all be compared or assimilated with what may be described as an industrial process,11. it was also .....

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Jun 21 1971 (HC)

Raisahab Chandanmull Indrakumar Private Ltd. Vs. State of Orissa and o ...

Court : Orissa

Reported in : AIR1972Ori40

..... air 1970 mad 27. their lordships of the madras high court were examining the effect of section 3 of the government grants act with reference to the provisions of the madras city tenants protection act. in doing so they referred to the decision of the privy council as also the case of their lordships of the supreme court ..... necessary implication, can only lead to one inference, namely, that the provisions of the madras city tenants protection act cannot be invoked contrary to the terms of the government grants.'we find it difficult to accept the ultimate conclusion of their lordships of ..... but for section 3 of the government grants act, the madras city tenants protection act would apply to tenancies in respect of government lands. the express provision contained in section 3 of the government grants act, taken along with the absence of any provision in the madras city tenants protection act extending the act to government lands, either expressly or by .....

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Aug 28 1968 (HC)

Dr. S.N. Ghosal Vs. State of Orissa

Court : Orissa

Reported in : AIR1969Ori45; 34(1968)CLT1392; (1970)ILLJ327Ori

..... that in a modern democratic state the efficiency and incorruptibility of public administration is of such importance that it is essential to afford to civil servants adequate protection against capricious action from their superior authority. if a permanent civil servant is guilty of misconduct, he should no doubt be proceeded against promptly under the ..... 1967. all this will support the case of the petitioner that he was seriously prejudiced by this sudden decision of the government upsetting the planning of his life, in all its aspects. moreover, following the principle on which rangachari's case cited above, air 1937 pc 27 was decided, we are inclined to hold ..... the same principle holding that 'it could not be said that the executive necessity releases the government from honouring its solemn promises relying on which citizens have acted to their detriment' and that 'union government and its officers were not entitled at their mere whim to ignore the promises made by the government.' in .....

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Sep 17 1999 (HC)

Bijayananda Patra and ors., Etc. Vs. District Magistrate, Cuttack and ...

Court : Orissa

Reported in : AIR2000Ori70

..... severable from the common law of nuisance despite the enactment of the air (prevention and control of pollution) act, 1981, the water (prevention and control of pollution) act, 1974 or the environment (protection) act, 1986. the purpose of these enactments have been to include the pollution control measures in the wider conspectus of ..... automobiles, trains, aeroplanes, religious and social celebrations, construction works, speeches, loudspeakers, resoundingbuildings and structures, and other things leading to noise pollution,noise affects human life in many ways. it affects sleep, hearing, communication, mental and physical health and makes men peaceless. it may even lead to the madness of people. ..... according to environmental experts, being that most of the people in india do not consider noise as pollution but as part of routine and modern life. in order to curb noise pollution, it is essential that people realise that dangerous consequence of noise and take some remedial measures.12. the .....

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Apr 20 1949 (PC)

Gopinath Jiew and ors. Vs. the Comr. of Hindu Religious Endowments and ...

Court : Orissa

Reported in : AIR1951Ori339

..... law(i) whether the suit is one within the purview of schedule of the act, &(ii) whether the statutory stay of the suit deprive the ct. in which a suit of the specified nature is pending of this usual jurisdiction & power to protection to the parties by interlocutory preventive orders, such as , issue of injunction, ..... appointment of receiver, & attachment of properties before the judgment &c.;4. the present suit was instituted in the year 1948, that is, after the date of commencement of the amendment act. section 8 reads :3. (i ..... namely, at any rate they did not contemplate that they would make the aggrieved defenceless as against a containing wrong by paralysing the interim machinery of temporary protection. if i assume that the legislature has paralysed & freezed the said machinery, i shall have to assume that the hindu religious endowments comr. has been .....

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Jan 20 1992 (HC)

Jeenu Plast India (Private) Ltd. and anr. Vs. Orissa State Financial C ...

Court : Orissa

Reported in : AIR1992Ori196; [1993]76CompCas366(Orissa)

..... called upon the petitioners to pay up the amount by 20th of september, 1990, failingwhich the corporation would be free to take over possession under section 29 of the act. this letter has been annexed as annexure-c to the counter-affidavit. but even then the petitioners did not take any action. therefore, the corporation issued notice ..... all of a sudden on 22-2-1991, opposite party no. 3 took forcible possession of the premises in question in exercise of power under section 29 of the act. the petitioners aver that thoughthe unit was seized forcibly, but no copy of the seizure-list was served upon the petitioners. the petitioners made a representation to the ..... without authority of law.2. the brief facts of the case are that the petitioner no. 1 is a small-scale industrial unit registered under the indian companies act. it availed of financial assistance from the corporation in the year 1986 and machineries were installed in the year 1988. though the machineries were installed in the year .....

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