Court : Orissa
Decided on : Nov-05-2009
Reported in : AIR2010Ori41
..... we may hasten to clarify here mere existence of right not being 'acquired' or 'accrued', on the date of the repeal would not get protection of section 6 of the general clauses act.13. the above decision clinches the issue. in the present case, the wife was found to be suffering from recurrent attack of epilepsy and, ..... a normal life and, therefore, equating 'epilepsy' 'to insanity' would do great injustice to patients suffering from epilepsy in matrimonial matters. the grounds for annulling a marriage by ..... the central government have been receiving representations from eminent medical experts, jurists and members of parliament for omission of references to 'epilepsy' contained in the aforesaid acts of 1955 and 1954 on the ground that medical experts have found that epilepsy is fairly well controllable in a majority of cases and the patients can lead .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2009
Reported in : 109(2010)CLT247
..... environment department, orissa, bhubaneswar-opp. party no. 1. the said letter was written after making enquiry in exercise of the power under sections 19 to 25 of the wild life (protection) act, 1972. even though, the collector has submitted the aforesaid letter/report, no action has been taken by the state govt. by order dated 2.9.2008, this ..... the land, the petitioner planted 3000 teak stumps in the said plot in the year 1971. in may, 1976, by a notification under section 18 of the wild life (protection) act, 1972, the state govt. declared the area to be a sanctuary to be known as 'satakosia gorge sanctuary'. the petitioner made an application for removal of the ..... been admitted by the appellant in his appeal under reference. as per section 18-a of the wildlife protection act, the provisions of section 29 are equally applicable to the sanctuary notified under section 18 of the said act. the section 29 prohibits removal of any forest produce except in accordance with the provisions as well .....
Tag this Judgment!Court : Orissa
Decided on : Mar-24-2009
Reported in : 2009(I)OLR891
..... enterprises (p) ltd. v. state of bihar and ors. reported in : air2004sc2421 has held that the power vested under section 29 of the state financial corporations act, 1951 must be exercised bona fide and fairly and presumption in favour of public officials that they would discharge their duties honestly and in accordance with law may be ..... purchaser, no right accrued in his favour. one time settlement, 2007 scheme is applicable to the cases where assets after seizure under section 29 of the sfc act, 1951 have been fully sold or partly sold or unsold. therefore, the said scheme is applicable to the petitioner unit and the petitioner unit has already deposited ..... o.s.f.c., the sale was not confirmed in favour of the purchaser.6. one time settlement scheme was framed and formulated under the state financial corporation act, 1951. statutory powers vested in small industries development bank of india (sidbi) to inspect the books of account and assess the financial health of state financial .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2009
Reported in : 107(2009)CLT840
..... as the employee approached the statutory authorities and a case no. 2 of 1995 was registered under section of the payment of wages 15 act. subsequently, a reference was made to the labour court as i.d. case no. 22 of 1998 and it was considered by the ..... whatsoever to put an end to his employment and hence, the case does not fall within the meaning of section 2(oo) of the act. therefore, the case does not attract section 2(oo), nor does it satisfy the requirement of section 25-f.12. in buckingham and ..... oo) means termination by the employer of the service of the workman for any reason whatsoever. therefore, it contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression 'retrenchment' in section 2( ..... oo) of the act. there was nothing of the sort in the instant case. it was the workman who ceased to report for duty therefore, .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2009
Reported in : AIR2009Ori145; 2009(I)OLR949
..... is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he ..... as preliminary issue was considered and decided in favour of the respondent and accordingly, the appellant was directed to take return of the petition under section 13 of the act to be presented before appropriate court.4. learned counsel for the appellant argues that the family court went wrong in taking up the preliminary issue in the midst of ..... has filed civil proceeding no. 228 of 2005 in the court of the judge, family court, cuttack claiming the relief under section 13 of the hindu marriage act, 1955 (in short, the act). respondent is the opposite party in that proceeding. admittedly, they are related as husband and wife.3. a fall out in the matrimonial relationship while both the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-2009
Reported in : 107(2009)CLT796
..... it is the trite law that 'be you ever so high, the laws are above you.' this is what a man in power must remember always.18. in life insurance corporation of india v. consumer education and research centre : air1995sc1811 , the apex court observed that the state or its instrumentality must not take any irrelevant or ..... irrational factor into consideration or appear arbitrary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and guided ..... . the court further held that it is mandatory to file the application within prescribed limitation, which runs from the date of the award under section 18 of the act. while deciding the said case the court placed reliance upon its earlier judgments, including scheduled caste co-operative. land owning society ltd. (supra).13. in state .....
Tag this Judgment!Court : Orissa
Decided on : Apr-07-2009
Reported in : 2009(I)OLR807
..... the general public including opp.party no. 1. it is their further case that the allegation made by opp.party no. 1 comes under the purview of environment (protection) act, 1986 and therefore, initiation of the proceeding under section 133 of cr.p.c. is not maintainable. accordingly, petitioner and opp.party no. 2 prayed to ..... counsel for the petitioner submitted that in view of the provision contained under section 24 of the environment (protection) act, 1986 (hereinafter referred as 'the act') the proceeding under section 133 of cr.p.c. is not maintainable. section 24 of the act reads as follows:24. effect of other laws.- (1) subject to the provisions of sub-section ..... the petition under section 133 of cr.p.c. reads as follows:that if such type of overt act by the opposite party members (continue) the petitioner and his family members will suffer irreparable loss to their life and the opposite party members intentionally passing the latrine and urinal water from their building to land of .....
Tag this Judgment!Court : Orissa
Decided on : Apr-16-2009
Reported in : AIR2009Ori176
..... with the operation of section 14(1) materially. the proviso should not be construed in a manner so as to destroy the effect of the main provision or the protection granted by section 14(1) or in a way so as to become totally inconsistent with the main provision.(4) sub-section (2) of section 14 applies to instruments ..... opposite party no. 5 by means of a registered deed, in consonance with sub-section (2) of section 14 of the hindu succession act, she will have no right to alienate the same during her life time and the restrictions imposed by registered deed shall prevail. on the basis of such conclusion, all the cases were disposed of by a ..... were allotted in favour of suryamani towards her maintenance. according to the terms and conditions of the deed of settlement, suryamani was to enjoy the disputed land during her life time for her substance, but she was prevented to alienate the same by way of sale, gift, mortgage, exchange or otherwise. the major settlement record of rights reveals .....
Tag this Judgment!Court : Orissa
Decided on : May-11-2009
Reported in : 2009(II)OLR161
..... said witness;and the questions to be addressed in the course of cross-examination are to test his veracity; to discover who he is and what is his position in life; and to shake his credit by injuring his character.[see also cholan roadways ltd. v. g. thirugnanasambandam : (2005) 3 scc 241].in vimalben ajitbhai patel v ..... delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.(2) if it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the high court or the sessions judge may direct that any magistrate of the first class shall hold an inquiry ..... the officer concerned is essentially a question of fact.48. the procedures laid down under the act being stringent in nature, however, must be strictly complied with.it was further held:52. enforcement of law, on the one hand and protection of citizen from operation of injustice in the hands of the law enforcement machinery, on the other .....
Tag this Judgment!Court : Orissa
Decided on : Jun-22-2009
Reported in : 2009CriLJ3904
..... which would go against his interest in the trial. it further reveals that he was not granted sufficient time for reflection. he was also not assured of protection from any sort of apprehended torture or pressure from the police in case he declines to make a confessional statement. a reading of the entire evidence of p ..... 8th january, 1996 paseed by learned sessions judge, bolangir, convicting the appellant for commission of offence under section 302, ipc and sentencing him to undergo rigorous imprisonment for life in s. c. no. 61 of 1995 are assailed in this appeal.2. the criminal action was set to motion by an information given by gobinda dharua, ..... to judicial custody.20. learned counsel for the appellant strenuously took this court through different provisions of the code of criminal procedure as well as the evidence act and the procedure laid down to record confessional statements under section 164, cr. p.c. and submitted that the magistrate had not followed the mandatory requirements .....
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