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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Sorted by: recent Court: orissa Year: 2011 Page 1 of about 18 results (0.037 seconds)

May 17 2011 (HC)

Mahendra Kumar Pujari Vs. State of Orissa and Another

Court : Orissa

Decided on : May-17-2011

..... of schedule-vii of the constitution. moreover, for earning such income on sale of the allotted plot, petitioner no.1 is required to pay income tax under the income tax act, 1961 and also is required to pay 50% on the self-same income to cda which is not permissible under the law. as noted above, even there is no provision ..... . d. mohapatra, learned counsel appearing on behalf of the c.d.a. fairly conceded that except the urban development act no rule has been framed to regulate the activities of the developmental authorities in urban area and in the urban development act, there is no such provision which empowers the cuttack development authority to charge 50% of the differential value between the .....

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Dec 23 2011 (HC)

M/S. Cover Age, Anand Bhawan Lane Vs. Rourkela Municipality and Anothe ...

Court : Orissa

Decided on : Dec-23-2011

..... have opportunity to bid in the bid, and there is total transparency. in our opinion, this an essential requirement in a democracy, where the people are supreme, and all official acts must be actuated by the public interest, and should inspire public confidence. 21. with the aforesaid observations and directions, the writ petition is disposed of. no order as to costs ..... the government was, in the exercise of its power to enter into contracts for sale of kendu leaves, subject to the constitutional limitation of article 14 and it could not act arbitrarily in selecting persons with whom to enter into contracts and discriminate against others similarly situate. the court criticised the government for not giving any explanation as to why an ..... with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can ..... article 14 and it must characterise every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational and non-discriminatory. this principle .....

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Nov 22 2011 (HC)

Rohit Kumar Behera Vs. State of Orissa

Court : Orissa

Decided on : Nov-22-2011

..... on the ground that her daughter mamata is a minor and has been kidnapped by accused- rajkishore naik. the learned s.d.j.m., angul directed the police to register the complaint as an f.i.r. and take up investigation. in course of investigation, the accused rajkishore naik was arrested by the ..... police where-after blapl no. 14855 of 2011 was filed before this court for his release. this court on 19.08.2011, while directing release of the ..... her daughter mamta was a minor at the relevant time and was kidnapped by the accused rajkishore naik. the learned s.d.j.m. directed the police to register the complaint as an fir and take up investigation. in course of investigation, accused rajkishore naik was arrested by the ..... police and blapl no.14855 of 2011 was filed before this court for his release. this court on 19.08.2011 while directing release of the accused, ..... officer, companies district 1, calcutta and anr., air 1961 sc 372, observed as under :- it is well settled, however, that though the writ of prohibition or certiorari will not be issued against an executive authority, the high courts have power to issue, in a fit case, an order prohibiting an executive authority from acting without jurisdiction. where such action .....

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Nov 18 2011 (HC)

State of Orissa and Others Vs. M/S. Jagannath Choudhury Special Class ...

Court : Orissa

Decided on : Nov-18-2011

Reported in : 2012AIR(NOC)194

..... existence of arbitration agreement between the parties and proceed accordingly, such order cannot be challenged except the remedy as available under section 34 and/or section 37 of the arbitration act as refereed above. 16. the supreme court judgment as cited by the learned counsel appearing for the appellant, i.e. gas authority of india limited and another vs. keti ..... learned arbitrator could not have entered into the reference. opposite party-contractor filed arbitration petition before this court with a prayer to appoint an arbitrator u/s.11 of the act, 1996 to adjudicate the dispute between the parties. the claimant-contractor has neither raised any claim nor quantified such claim before the honble chief justice in arbitration petition. ..... filed a petition before the high court i.e. arbp no.15 of 2008 praying for appointment of an arbitrator under section 11 of the arbitration and conciliation act, 1996 (in short, the act, 1996) for adjudication of the alleged dispute between opposite party contractor and the petitioner-state. counter affidavit was filed on behalf of the state replying to the ..... state stated that though in the present writ petition the order of the sole arbitrator relating to four applications filed before it under section 16 of the arbitration and conciliation act, 1996 is challenged, the state is only pressing the application relating to finishing of security (annexure-4) and is not pressing other three applications. 3. the petitioners case in .....

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Oct 25 2011 (HC)

Manorama Nath Vs. Union of India

Court : Orissa

Decided on : Oct-25-2011

..... brother of the deceased, xerox copy of the ticket no.33834 from kapilas to cuttack in second class ordinary compartment, the final report of the police and the certificate of death. the appellant stated in the evidence on affidavit that her husband was a bona fide passenger of howrah-puri passenger on ..... passenger died or suffers injury due to- (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes ..... then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger ..... in contact with an electric pole inside the platform. for deciding the present case, it would be apt to quote section 124-a of the railways act, which is as under. [124a. compensation on account of untoward incident- when in the course of working a railway an untoward incident occurs, ..... not entertainable. 6. at the outset, the learned counsel for the respondent-railways urged that the claim is one under section 124-a of the railways act, 1989 for compensation on account of untoward incident and untoward incident does not cover such an incident by which the husband of the appellant died. 7 .....

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Oct 19 2011 (HC)

Subhashree Das @ Mili Panda and Others Vs. State of Orissa

Court : Orissa

Decided on : Oct-19-2011

Reported in : 2012CrLJ244(NOC)

..... any document/order of appointment of sri a.m.prasad, special secretary, issued by the appropriate authority, appointing him as the review authority under section 45(2) of the act, 1967. to this query, learned additional government advocate, fairly responded that, no such formal appointment order appointing the special secretary for the purpose of reviewing cases under section 45 of ..... secretary/additional secretary of home department. it is claimed that the said sri prasad had reviewed the evidence as required under sub-section (2) of section 45 of the act and had recommended approval of the prosecution. he further submitted that since the special secretary/additional secretary of home department had considered and reviewed the evidence collected in the ..... the criminal proceeding initiated against the petitioners inter alia, on the following grounds: (a) investigation not done by dsp, the competent officer empowered to investigate the case under the uap act. (b) sanction is not valid sanction. (c) documents relied on by prosecution has not formed part of the record. (d) proper court has not taken cognizance. (e) court ..... we are introducing this. in a prosecution under the uapa, now, it is the executive government which registers the case through a police officer. it is the executive government which investigates the case through an investigating agency, namely, the police department. it is the executive govt. which sanctions u/s.45. therefore, there is a fear that a vindictive or a .....

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Aug 30 2011 (HC)

Akshaya Kumar Patra Vs. State of Orissa

Court : Orissa

Decided on : Aug-30-2011

..... the petitioner submitted that it is the settled principle of law that ordinarily when a witness, who supposed to be a vital one and yet has not examined by the police at all, although he was all along available for such purpose, his evidence has to be considered with greatest caution and it would not safe to be relied upon as ..... the said judgment was in the context of application seeking recalling of the complainant to prove the postal receipt in a case arising out of under section 138 n.i. act but the fact of the present case is clearly distinct and have no bearing to the said judgment. insofar as the ratio of the decision in the case of zahira ..... disclosed that the petitioner and the absconding accused-abhaya patra had taken the deceased in their scooter to inspect a vehicle. therefore, it is clear therefrom that the trial court acted on a presumption that the summoned witness palu @ ajaya kumar barik could throw light upon the last scene theory of the deceased being in the company of the petitioner and .....

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Aug 23 2011 (HC)

Shyam Naik and Others Vs. General Manager, East Coast Railway, Rail Vi ...

Court : Orissa

Decided on : Aug-23-2011

Reported in : 2012AIR(Ori)38

..... , sargipalli without blowing horn, dashed against the deceased. consequently dharani naik died at the spot and accordingly petitioner no.1 lodged an f.i.r. in the hondapa police station as per annexure-1. it is further stated that the railway line passes through the village gundurimunda dividing the village in two parts crossing the busy panchayat road. ..... cannot be any discrimination between passenger and non-passenger who died in railway accident. keeping the aforesaid decision in view, in awarding the compensation. section 124 of the railways act, 1989 read with the railway accidents and untoward incidents (compensation) rules, 1990 provides for a compensations for no fault liability to the passenger who expires in railway accident ..... , laches and limitation this writ petition cannot be rejected for more than one reason. (i) the railway administration should have paid the compensation as per the provision of railway act read with the railway accidents and untoward incidents (compensation) rules, 1990; (ii) there is no limitation prescribed under the constitution of india to exercise this courts discretionary ..... part of the railway administration by not providing sufficient protection at the level crossing and without deploying guard or putting check gate as required under section 18 of the railway act,1989? (iv) whether on account of not providing safeguard to the level crossing by the railway administration, the petitioners are entitled to compensation as claimed? (v) what order .....

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Jul 29 2011 (HC)

Subodha Mohanta @ Subrat Kumar Mohanty Vs. State of Orissa and Another

Court : Orissa

Decided on : Jul-29-2011

..... detenu is a diehard antisocial and started his criminal activities since 2008 and has been persistently indulging in antisocial activities prejudicial to the maintenance of public order in balasore town police station area. he has formed a gang of anti-socials and his anti-social activities have gained momentum day-by-day and the people of the area particularly in barabati ..... and makes the peace loving citizens panic stricken. out of fear, the general public dont venture to report against him either before the police or in the court of law though they are seriously affected by atrocious acts of the detenu. according to the district magistrate, normal law of the land is inadequate to curb down the highhanded anti-social activities ..... state government approved the order of detention as required under section 3(4) of the n.s. act. the order of detention has been passed by opposite party no.2 after due application of mind to the materials furnished by the superintendent of police, balasore which prima facie established that the detenu had indulged in series of activities prejudicial to maintenance of ..... public order. an order of detention under the n.s. act is not precluded from being passed against a person when he is in judicial custody and .....

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Jul 28 2011 (HC)

Pratap Kumar Nayak Vs. State of Orissa and Others

Court : Orissa

Decided on : Jul-28-2011

..... the virus of hiv +ve but without such test the blood collected on 01.08.2008 has been supplied to the petitioner on 19.08.2008. it is certainly an act of negligence on the part of opposite party no.2 as well as opposite party no.1-state, who have not ensured such test. 10. the apex court in common .....

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