Court : Orissa
Reported in : 91(2001)CLT584
..... the relief of temporary injunction will in all events exceed that of the defendant in case he is restrained. (4) plaintiff must show a clear necessity for affording immediate protection to his alleged right ot interest which would otherwise be seriously injured ot impaired. (see a. i. r. 1946 patna 177, brajendra nath ghosh v. sm. kashi ..... court's intervention, the proposed project may be considerably delayed leading to escalating the cost.a bare perusal of the impugned orders would show that the civil judge acted illegally in exercise of his jurisdiction in granting injunction, the district judge has also failed to appreciate the gravity and consequences in affirming the injunction order granted by ..... in whose favour the works were allotted. the suits as filed, also bad on account of non-joinder of necessary party.7. the civil judge acted in excess of his jurisdiction in exempting the opposite party from serving notice under section 80(1), c. p. c.. sub-section (1) introduced by amendment .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT527; 2005(I)OLR507
..... of 'sufficient cause' for condonation of delay liberally, inasmuch as a justice-oriented approach is necessary while deciding an application filed under section 5 of the limitation act. it was submitted that the expression 'sufficient cause' used in the statute is required to be interpreted liberally. in the case at hand, according to mr. ..... the notice of the court that the construction was made without obtaining prior permission and/or had been made beyond the norms of the development authority act and that it grossly violated the provisions made in the coastal zone regulations. it was further alleged that under the cover of the interim order passed ..... of 1998 before this court challenging the action taken by opposite party no. 2, puri-konark development authority, under section 91 of the orissa development authority act for demolition of a building constructed by him without obtaining due permission and/or sanction of plan, and also violating the provisions of the coastal regulation zone, .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT399; 1999CriLJ4719; 1999(II)OLR241
..... for the reason that it tends to create distrust in the popular mind and impairs confidence of the people in courts which are prime importance to the litigants in the protection of their rights and liberties. this court in re s. mulgaokar [1978 (3) scc 339] observed as follows :'the sixth consideration is that, after evaluating the totality ..... themselves through the medium of press. this implies that the freedom of press is not superior to that of an individual. in fact this freedom is fundamental to the life of an individual. in the words of william blackstone, 'the liberty of the press is indeed essential to the nature of the free state; but this consists in ..... wakened human consciousness towards their rights to freedom and liberty, and on the other hand, posed to threat to the foreign rulers of being exposed wherever they did any act of highhandedness. yet, any institution when misused is bound to do more harm than good. press too in the zeal of either helping the victim of oppression, or .....
Tag this Judgment!Court : Orissa
Reported in : 1989(24)LC630(Orissa)
..... the supreme court is that where duty has been levied without the authority of law or without reference to any statutory authority or the specific provisions of the act or the rules framed thereunder have no application, the decision will be guided by the general law and the date of limitation would be the starting point ..... entertaining the writ application and granting the required relief to the petitioner particularly when the order in question is appealable to a departmental authority, which would be an act in futility and would not be an efficacious remedy.6. the learned standing counsel appearing for the revenue reiterates the grounds taken by the assistant collector in ..... rule 56-a of the central excise rules does not provide for refund either by cheque or by cash; and(iv) section 11b of the central excises & salt act, 1944, cannot be made applicable when the high court did not permit such refund in the earlier writ application.5. mr. mohanti, the learned counsel for the petitioners .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT550; 2003(II)OLR559
..... cause' employed by the legislature is adequately elastic to enable the court to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of courts. let me quote the principles which their lordships have settled for taking a liberal approach in such matters :1 ..... merits. the expression 'sufficient cause' is adequately elastic to enable the court to apply the law in a meaningful manner which subserves ends of justice that being the life-purpose for the existence of the institution of court.16. mr. das persuaded me to reject the present petition for condonation of delay relying on 1967-(sc-2 ..... whether the appellant acted with reasonable diligence in prosecuting the appeal. in sakuntala devi jain v. kuntala kumari reported in 1969 s.c. 575, a bench of 3 judges have held that unless want of bona fides of such inaction or negligence as would deprive a party of the protection of section 5 is proved, the application .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ4003
..... we have no justification to import it into a totally different fundamental right, by some process of strained construction'. nor is it legitimate to assume that the constitutional protection under article 20(3) (right against self-incrimination) would be defeated by the statutory provisions for searches. however, the right to privacy was more specifically in ..... (pucl) v. union of india, (1997) 1 scc 301 : (air 1997 sc 568) held that the right of privacy is a part of right to 'life' and 'personal liberty' enshrined under article 21 of the constitution and it cannot be curtailed except according to the procedure established by law. in m. p. sharma v ..... , 'registered medical practitioner means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the indian medical council act. 1956 (102 of 1956) and whose name has been entered in a state medical register.173 report of police officer on completion of investigation.--xxx xxx xxx .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR239
..... appearing on behalf of the claimant' respondents while supporting the order of the learned tribunal submitted that in absence of leave of the learned tribunal under section 170 of the act granted to the appellant to contest all the grounds and the owner of the vehicle having contested the case, the appellant was not legally permitted to challenge the quantum before ..... b.n. mahapatra, j.1. this is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter called as 'the act') filed by the insurance company against an award dated 13.12.2004 passed by the 2nd motor accident claims tribunal, (hereinafter referred to as the tribunal') cuttack, in misc. case .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR512
..... fulfilled by taking a particular decision then decision-maker should justify the denial of such expectation by showing some overriding public interest. therefore even if substantive protection of such expectation is contemplated that does not grant an absolute- right to a particular person. it simply ensures the circumstances in which that expectation may ..... that in absence of a vacancy a selected candidate cannot insist on immediate appointment. a panel may be prepared anticipating vacancies which should have its own life for a certain specific period until vacancies occur; but the story in the present case is altogether different were specifically to fill up the vacancy that ..... to the petitioner. the other allegations made by the petitioner have however been denied. 4. the learned advocate appearing for the petitioner has submitted that the acts done and/or caused to have been don by opp. parties 1 and 2 are obviously inregulate and illegal, inasmuch as after the advertisement and interview .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ238
..... this court further observed that the obligation of a husband to maintain his wife arose from the anxiety of the legislature to protect deserted wives from the bitter necessity of earning and living by trading on their sex. that obligation however ceases when it ..... fresh look at the materials on record did not accept the pleas taken by the petitioner. he took the view that the wild imputations of adultery and unchastity made by the husband against his wife have not been proved; therefore the latter had reason ..... demand by the former. on account of that the petitioner ill-treated and assaulted her and denied her basic needs of life like food and clothing and finally sent her to her father's house. thereafter on the intervention of some gentlemen ..... in section 488(4) cr. p.c. held that the expression does not connote either a single act of adultery or even several such isolated acts. it means the following of a course of continuous adulterous conduct. the principle is that occasional lapses from .....
Tag this Judgment!Court : Orissa
Reported in : 1987CriLJ1948
..... mr. s. n. das, sessions judge, keonjhar, holding the appellant guilty of the charge of murder under section 302 of the penal code and sentencing him to undergo imprisonment for life. the appellant, it was alleged, owing to strained relationship with the deceased with whom he had litigation for years, attacked and assaulted him to death by means of a lathi ..... appellant was the author of concealment of m.o.i, the seizure of m.o.i, on production by the appellant may be relevant under section 8 of the evidence act, but in the absence of other evidence pointing to his guilt, this cannot be taken as a guilt-pointing circumstance against him.5. when a case depends on circumstantial evidence .....
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