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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: orissa Year: 2011 Page 1 of about 8 results (0.035 seconds)

Feb 17 2011 (HC)

Chapala Das Vs Berhampur University and anr.

Court : Orissa

Decided on : Feb-17-2011

..... september 1999 as accepted by the syndicate on 23.9.1999, is arbitrary, illegal being in violation of the provisions of the act and against principles of natural justice.15. the writ petition is accordingly allowed. the decision of the revenue divisional commissioner (s.d.), berhampur ..... the government resolution no. 25455/tw dated 10.9.93, resolution no. obc-18/94 - 1145/hw, bhubaneswar and the provisions contained in the act. the report of the revenue divisional commissioner (s.d.), berhampur recommending action against the petitioner and that of the syndicate sub-committee held on 9th ..... university brought forward backlog of sc vacancy, there would have been 100% reservation, which would have been in violation of section 7 of the act. university was entitled to fill in the backlog by carrying forward the vacancies together with the normal reserved vacancies not exceeding 50% of the ..... relevant for the present controversy, is section 7 of the act. so far as relevant, it reads : "7. if, in any recruitment year, the number of candidates either from scheduled castes or scheduled tribes ..... vacancies to be left unreserved. the appointing authorities are required to maintain rosters in the prescribed form. in view of section 6 of the act reserved vacancies in appointments are inter- changeable between sc and st in the event of non- availability of candidates from the respective communities.10. .....

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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

..... in affirmative, whether the opposite party-contractor is liable to make the security deposit as provided in clause 53(f) of the contract ? 22. to deal with the 1st question, it would be beneficial to refer section 16 of the act, 1996. 16. competence of arbitral tribunal to rule on its jurisdiction,- (1) the arbitral tribunal may rule on its own jurisdiction ..... was further submitted that deposit of cost before the tribunal in accordance with section 31(8) and section 38 of the act cannot be pressed into service to get over clause-53(f). the quantum payable in terms of the contract is structured on the basis of the quantum involved. higher the claim, the higher is the amount of fee chargeable. there ..... to start arbitration proceeding whereas in the present case, the appointment has been made under section 11(6) of the act, 1996 by the honble chief justice, i.e., with intervention of the court and not under clause 53 of the contract. 18. the judgment of this court in m/s. j.s. construction pvt. ltd. (supra) has no application to ..... ble supreme court appointed the arbitrator in terms of the agreement, i.e., clause 29 of the contract, whereas in the present case the honble chief justice appointed the arbitrator under section 11 of the act, 1996 without referring to clause 53 of the contract. the said order has been confirmed by the honble supreme court. therefore, the said decision has .....

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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

..... by government which we have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with some principle which meets the ..... steel stock holders syndicate, poona, air 1976 sc 879, mr. pattnaik submitted that the regulation does not expressly provide for cancellation of existing licences thus cannot supersede an existing contract agreement. further, placing reliance on the judgment of the honble supreme court in the case of mohinder singh gill and another vs. the chief election commissioner, new delhi ..... the court held that 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 offer for a large amount was not accepted, the clearest implication being that the government must act in the public interest; it cannot act arbitrarily and without reason and if it does .....

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May 13 2011 (HC)

Sri Nakula Charan Gochhayat Vs. Secretary, Jagatsinghpur Sub-divisiona ...

Court : Orissa

Decided on : May-13-2011

..... to have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he knows ..... or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. in concise oxford dictionary, it has been defined as criminal deception, use of false representation to gain unjust advantage; dishonest artifice or trick. according ..... of 2009 is made out? (ii) whether before selling the property of the petitionerloanee to opposite party no.4-3 rd party purchaserarendra kumar jena, the statutory provisions of the act and rules were duly complied with? (iii) whether the action of opposite party no.1-secretary, jagatsinghpur sub-divisional house building cooperative society ltd. in retaining the property in its ..... rs.10,560/- in monthly instalment of rs.300/-. assailing the said order, the petitioner preferred revision case no.26/94 under section 112 of the orissa cooperative societies act, 1962 (for short, act) which was also dismissed on 31.12.1996 on the ground of non-maintainability of the same. being aggrieved, the petitioner again agitated the self-same grievance before .....

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Apr 11 2011 (HC)

Biranchi Narayan Sahu Vs. State of Orissa and Others

Court : Orissa

Decided on : Apr-11-2011

..... not be sued in his own courts. in india, ever since the time of east india company, the sovereign has been held liable to be sued in tort or in contract, and the common law immunity never operated in india. 11. in view of the above, the petitioner, who is the father of the deceased girl, is entitled to compensation for ..... from the point of view of first principles, there should be no difficulty in holding that the state should be as much liable for tort in respect of a tortious act committed by its servant within the scope of his employment and functioning as such, as any other employer. the immunity of the crown in the united kingdom was based on ..... in the schools. the state is also liable to protect the life of the children studying in schools and ensure their education with dignity. since the heinous, barbaric and inhuman act has been committed by the teacher of a government school, it would be appropriate to hold that this case is governed by the legal maxim respondeat superior and thus the ..... the state that the writ petition filed by the petitioner claiming compensation is not entertainable by this court is also not sustainable in law. the state is liable for tortious act committed by its employees in the course of their employment. 9. needless to say school is a temple of learning. it is the prime duty of the state to appoint .....

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Aug 30 2011 (HC)

Chakradhar Paital (Dead) L.Rs. and Others Vs. Gelhi Bewa (Dead) L.Rs. ...

Court : Orissa

Decided on : Aug-30-2011

..... of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract, or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both. (5) where a decree ..... decree for specific performance for restitution of conjugal rights, or for an injunction.-(1) where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey ..... the manner or mode of execution, the decree of prohibitory injunction does not lose its character as such. as per proviso to article 136 of the limitation act, there is no limitation for execution of a decree of perpetual (prohibitory) injunction. therefore, the execution case in question cannot be said to be barred by ..... raised by the learned counsel for the petitioner is that the execution case must be held to be barred by limitation under article 135 of the limitation act inasmuch as the decree is sought to be executed in a mandatory way by means of recovery of possession. this contention, to my mind, is wholly ..... for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to b e done may be done so far as practicable by .....

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May 18 2011 (HC)

M/S Visa Comtrade Limited Vs. Union of India and Others

Court : Orissa

Decided on : May-18-2011

..... deputy commissioner/asst. commissioner of income tax for the assessment years 2008-09, 2009-10 and 2010-11. 3. to carry on its business, the petitioner-company enters into contract with the international supplier for purchase of coal, coke, minerals and metals and the terms of payment to the said supplier provide that the supply of materials is to be ..... investigation. the recorded satisfaction note clearly brought out that the money lying in the current account represented income of the petitioner, which was not disclosed in terms of the act. the post search investigation conducted by the directorate clearly shows that the petitioner-company has not disclosed its true income to the department in its returns. basing upon the findings ..... of fact are involved in this petition, in fact, the questions that are raised are questions of law involving interpretation of the various provisions containing in section 132 of the act and the true effect of the expression disclosed income and undisclosed income. similarly, the plea urged by the additional solicitor general relating to alternative remedy available for the ..... be kept under prohibition beyond sixty days. 49. thus, the admitted case of opposite party-department is that before issuing the prohibitory order under section 132(3) of the act, no satisfaction has been recorded by the authorized officer that any concealed income is deposited in the current account in question. such satisfaction according to the department was recorded .....

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Mar 11 2011 (HC)

Rajneesh Misra Vs Union of India and ors.

Court : Orissa

Decided on : Mar-11-2011

..... to assess all the encroachments in a rightful manner and it may also seek help of a qualified person who can do it and such person can be engaged on contract as the state government has already committed itself that any such appointment will be supported by the state government financially. certain petitions have been filed before r.r.d.a ..... why they were not complied with. mr. sohail anwar also appearing for one of the respondents in these petitions drew attention of this court that the district authorities are not acting for fulfillment of their legal obligations for taking care of the environmental, air, water, sound and other pollutions. apart from this, the grievance of mr. sohail anwer is that today .....

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