Court : Orissa
Decided on : Jun-22-1994
Reported in : 78(1994)CLT449; 1995(I)OLR678
..... defined in section 425, ipc, and section 426 provides punishment for mischief. offence created by section 429 and the one under section 9(1) read with section 50 of the wild life protection act, 1972 are substantially the same offence. (see state of bihar v. murad ali khan and others: air 1989 sc 1). in order to constitute ..... . it is not a requirement in law . that particular number of witnesses need be examined. on the contrary, it is clearly provided in section 134 of the indian evidence act, 1872 that no particular number of witnesses shall in any case be required for the proof of any fact. it is not the number of witness, but quality of evidence ..... the evidence must prove-(i) that the accused caused the destruction of some property, or some change in such property or in the situation thereof; (ii) that the above act destroyed or diminished the value or utility of such property, or affected it injuriously, (iii) that the accused did as in intending or knowing that he was likely to cause .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1994
Reported in : AIR1995Ori114; 1995(I)OLR1
..... while interpreting the validity of such legislation, article 48a of the constitution must always be kept in mind. it specifies that protecting and improving environrments and to safeguard the forests and wild life of the country is our constitutional goal.25. had the orissa state legislature competence to make this legislation is the 3rd and ..... to controlling and regulating establishment and operation of saw mills and saw pits and the trade of sawing for the protection and conservation of forests and environment and in public interest, the act was made.5. the act was brought into force with effect from 23rd march, 1992. its salient features can be noticed in sections ..... the reports of parliamentary committees. occasional excursions into the debates of parliament are permitted. internal aids are the preamble, the scheme and the provisions of the act. having discovered the reason for the statute and so having set the sail to the wind, the interpreter may proceed ahead. no provision in the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : AIR1994Ori258; 1995(I)OLR544
..... the entire argument of mr. parasaran appearing for the petitioners in mahanadi coalfields case (ojc no. 2015/93) is that under the coal-bearing areas (acquisition and development) act, 1957 (central act 20 of 1957), the so-called vesting under section 11 is different from 'vesting of land or rights in the central government' under section 10 and according to the ..... is a tax and as such a cess on royalty being a tax on royalty is beyond the competence of the state legislature because section 9 of the central act (1957 act) covers the field and the state legislature is denuded of its competence under entry 23 of list ii of the seventhschedule of the constitution. it was also held ..... air 1991 sc 1676, as has been stated in the said judgment may be briefly reiterated. the validity of levy of cess under the orissa mining areas development fund act, 1952 (orissa act 27 of 1952) was challenged by the coal company in the case of the hingir-rampur coal co. ltd. v. state of orissa, air 1961 sc 459. .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1994
Reported in : 1994(II)OLR576
..... of uttar pradedh and anr., (1986) 63 s.t.c. 467 (alt.), where the court was examining somewhat similar provision under the u. p. sales tax act and the power of the sales-tax authorities in overriding the eligibility certificate granted by the government. the learned judges observed that the commissioner of sales-tax has not been ..... counter affidavit has, however, been fiied stating therein that no doubt, the assessing officer had passed an ordar under section 12(4) of the orissa sales tax act allowing the exemption from levy of sales-tax under ipr 1986, but that had been done under a mistake which tantamounts to escapement of turover and consequently, notices ..... making department of the resolution and has extended some incentives and concession to these industrial units.notice for assessment under section 12(4) of the orissa sales tax act was served upon the petitioner for the assessment year 1989-90 on 26-3-1991; annexed as annexure-8. the petitioner appeared arid made its submissions on .....
Tag this Judgment!Court : Orissa
Decided on : May-03-1994
Reported in : AIR1994Ori301; [1999]96CompCas49(Orissa)
..... equated with mismanagement, even if they turn out to be wrong in the circumstances or they cause temporary losses.17. minority shareholders are protected (a) by the common law, (b) by the provisions of the act. even though rule of majority prevails, it cannot be so in certain cases. a proper balance of rights of majority and minority ..... predicating interest of the general public in matters where regard for the social good is of the first moment. to be meaningful, it must relate to the good life of those with reference to whom it is used. justice felix frankfurter of the united states supreme court has said that the idea of public interest is a ..... to initiate proceedings for feeding private grudges of warring groups or for the purpose of fighting out their private grudges.19. restrictions in public interest are those which seek to protect public health, safety, morals and property. (see kalyani stores v. state of orissa, air 1966 sc 1686; and state of karnataka v. hansa corporation, air 1981 .....
Tag this Judgment!Court : Orissa
Decided on : Apr-12-1994
Reported in : (1995)ILLJ770Ori
..... ground to deposit within time stipulated since this order was dictated in presence of both the parties.11. injured workmen become destitute who are to be protected under the act. many persons in name of assisting the workman or his dependents take advantage by depriving the person of a portion of the compensation paid. commissioner ..... who administers the benevolent provision of the act has duty to give full protection to the workman so that benefit given to him is fully enjoyed. therefore, on deposit of the amount or before the stipulated date ..... be instructed to make deposits unencumberable so that workman who belongs to weaker section of the society is well protected commissioner is to take care of the workman taking into consideration his own experience of the life so that adjudicating machinery does not become ill reputed. absence of a reason creates an impression of arbitrariness. .....
Tag this Judgment!Court : Orissa
Decided on : Sep-27-1994
Reported in : 1994(II)OLR444
..... were washed out and several viliagos were flooded. the popular government then decided to reinforce the embankment as a protective measure to the city of cuttack which is practically the economic and cultural life-centre of the state and ultimately constructed the embankment on the rivers mahanadi and kathjori. on account of ..... the rivers mahanadi and kathjori, a township was planned by developing those two thousand acres and naming it 'abhinaba bidanasi kanaka'.under the orissa development authorities act, 1982, a development authority called the 'cuttack development authority' was constituted the objective of such authority is to take up planned and systematic development ..... view and held that the rights and benefits conferred on the workmen employed by a contractor under the provisions of the contract labour (regulation and abolition) act, 1970, were clearly meant to ensure basic human dignity to the workmen and if they are deprived of these that would clearly be violative of art .....
Tag this Judgment!Court : Orissa
Decided on : Sep-05-1994
Reported in : 1995CriLJ4070; 1994(II)OLR617
..... , advance sanction would be necessary. but if there is no. nexus to the official status of the acts complained, then no sanction would be necessary. protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely ..... establish criminal liability, the facts must be such that the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to crime against the state and conduct deserving punishment. (per lord hewart co. in r. v. bateman : (1923 ..... c c no , 135,of 1993, this application has been filed for interference. petitioner had alleged that his wife (hereinafter referred to as 'deceased') lost her life on account of negligence of opposite parties.2. the oft repeated question of requirement of sanction is the only question which needs adjudication in this case. incidentally, the .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1994
Reported in : 78(1994)CLT772; 1994(II)OLR343
..... , on the ground that the orders are arbitrary and outcome of malice and positive act of vindictiveness on the part of the chief minister of orissa, the petitioner prays for a direction to be posted as the chief executive of the corporation and protection of his pay and should be paid arrear leave salary.2. the short facts ..... of the petitioner when the secretary to the government in the steel and mines department put up a note that the petitioner should be posted as executive director with protection of his pay at rs. 6000/- and recomended that the representation of the petitioner deserves due consideration, the same was disposed of by the chief minister on ..... the minimum relief which the petitioner is entitled in the circumstances is that he should be posted as the chief executive of the corporation and his pay should be protected as was advised by the finance department and advocate general and since he has already superannuated, he should be given his leave salary in the post of chief .....
Tag this Judgment!Court : Orissa
Decided on : Oct-14-1994
Reported in : II(1994)DMC327
..... the learned counsel for the parties, this case be put up on 11.8 1993 for admission and final disposal. the petitioner no. 3 shall be afforded the same protection as had been extended to her by order no. 4 dated 29.7.1993'.thereafter orders were passed on 23.8.1993, as the bone of contention of the parties ..... has sworn the affidavit of his having been appointed as kazi for the entire area of jagatsinghpur. police station as per the provisions of section 2 of the kazi's act, 1880 (act 12 of 1880) by revenue department notification dated 20-9-1983 published in the orissa gazette (extraordinary) on october 5th, 1993 and he having been appointed under the ..... is a dose of inter-religious, and hence unacceptable, marriage. torsely put, petitioner no. 3, a marwari girl, has choosen the petitioner no. 1, a muslim boy as her life partner and an fir having been lodged by the father registering a case under section 363, ipc against him and petitioner no. 2, a person supposed to have assisted petitioner .....
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