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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: orissa Page 1 of about 7 results (0.042 seconds)

Jul 31 2009 (HC)

Footpath Khyudra Byabasai Sangha Vs. State of Orissa and ors.

Court : Orissa

Reported in : 108(2009)CLT241

..... dated 07.02.2005 and 14.02.2005 were in force, opposite parties 3 and 5 in clear violation of the order of this court on 24.02.2008 forcibly demolished the structures and evicted the members of the petitioner-society from the plots where they were having their shops. the opposite ..... in general administration department wherein it was stated that unauthori-zed encroachments, are liable to be evicted under the public premises (eviction of unauthorized occupants) act, 1972. in the said order it was further.stated that as the plots in question are used by thousands dwellers and those are busiest roads ..... constructing the kiosk in question over the case land. bhubaneswar municipal corporation is a nodal agency for maintenance of public road and orissa municipal corporation act empowers bhubaneswar municipal corporation under section 407 to evict encroachers from the public roads. the case land being a part of the public road is ..... is erected or set up on or upon or over any street or any open channel, drain or well or tank. section 408 of the said act requires the commissioner to give a written notice to the owner-or occupier of any premises, wall, fence, rail, post step, booth or other ..... and cabin owners every day at the rate of rs.1 per shop since 1983 in accordance with section 307 of the orissa municipal act, 1950 (hereinafter referred to as 'act 1950).there were 161 shopkeepers dealing in readymade garments, small betel shops, plastic goods shops, leather bag shops and other daily utility .....

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Jul 19 2011 (HC)

M/S. Vedanta Aluminium Limited Vs. Union of India and Another

Court : Orissa

..... above project under the procedure laid down in eia notification, 2006. 25. on the rival contentions of the parties, the following questions fall for consideration by this court: (i) whether the provisions of paragraphs 1, 2 and 7 (ii) of the eia notification, 2006 are applicable to the expansion project of the petitioner? ..... the proposed expansion currently generates employment for around 10,000 families directly and around 15,000 families indirectly in an area like lanjigarh. the honble supreme court in ia nos.1324 & 1474 in w.p.(c) no. 202 of 1995 and ia nos.2081- 2082 in w.p.(c) no.549 of ..... office memorandum dated 16.11.2010 issued by opposite party no.1. (f) pass any such further or other order(s) as this honble court may deem fit and proper in the facts and circumstances of the case. 2. the petitioners case in a nutshell is that it is a ..... to be taken to mitigate the issue of pollution. the report also noted that construction for the expansion of the existing project had commenced. on 13.11.2008, the petitioner addressed a letter to the managing director, industrial promotion and investment corporation of orissa limited (for short, ipicol) seeking approval and clearance of ..... sought for by ipicol (vide its letter dated 08.12.2008) and seeking clearance of the expansion project. on 12.01.2009, opposite party no.2 had issued a notice under section 33a of the water (prevention and control of prevention) act, 1974 (for short, act 1974) and section 31a of the air (prevention and .....

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Feb 03 2009 (HC)

Padma Charana Behera Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2009CriLJ2585

..... genuineness or otherwise of allegations made in the fir or complaint and the extraordinary and inherent powers of court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can 'soft- ..... rare exceptional case, but where the allegations on the face of the complaint do not constitute an offence, criminal proceedings may be unhesitantly quashed. the court held as follows:exercise of jurisdiction under the inherent power as envisaged in section 482 of the code to have the complaint or the charge-sheet ..... disclosing the offence.(emphasis added)19. in sarjudas v. state of gujarat : 1999 (8) scc 508 : 2000 cri lj 509 the hon'ble supreme court held that there must be cogent evidence of mala fides or malicious intention of the informant or the complainant for taking note of the allegations of mala fide ..... . anil kumar agarwal : (2007)7 scc 373 : 2007 cri lj 3735; didigam bikshapathi v. state of andhra pradesh : (2008) 2 scc 403 : 2008 cri lj 724 and sunita jain v. pawan kumar jain : (2008)2 scc 705.8. in pepsi foods ltd. v. special judicial magistrate : air 1998 sc 128 : 1998 cri lj 1 ..... a similar issue was considered and the hon'ble apex court held that the criminal law cannot be set into motion as a matter .....

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Nov 12 2012 (HC)

M/S.Arss Infrastructure Projects Ltd. and Another Vs. Rail Vikas Nigam ...

Court : Orissa

..... unbudgeted expenditure.11. in michigan rubber (india) ltd. vs. the state of karnataka and ors.; civil appeal no.5898 of 2012 (arising out of slp (c) no.25802 of 2008), the supreme court has observed that certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the ..... statutory instrument. therefore, the rules of interpretation, which are applicable to the interpretation of statutes and statutory instruments, are not applicable to the bid document. therefore, according to the supreme court, the failure to mention blacklisting to be one of the probable actions that could be taken against the delinquent bidder does not, by itself, disable the 2nd respondent from blacklisting ..... held that there need not be any statutory grant of such power. the only legal limitation upon the exercise of such an authority is that state is to act fairly and rationally without in any way being arbitrary, thereby such a decision can be taken for some legitimate purpose. what is the legitimate purpose that is sought to be ..... work. article 14 of the constitution prohibits the government from arbitrarily choosing a contractor at its will and pleasure. it has to act reasonably, fairly and in public interest in .....

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Nov 12 2012 (HC)

M/S. Arss Infrastructure Projects Ltd. and Another Vs. Rail Vikas Niga ...

Court : Orissa

..... unbudgeted expenditure.11. in michigan rubber (india) ltd. vs. the state of karnataka and ors.; civil appeal no.5898 of 2012 (arising out of slp (c) no.25802 of 2008), the supreme court has observed that certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the ..... statutory instrument. therefore, the rules of interpretation, which are applicable to the interpretation of statutes and statutory instruments, are not applicable to the bid document. therefore, according to the supreme court, the failure to mention blacklisting to be one of the probable actions that could be taken against the delinquent bidder does not, by itself, disable the 2nd respondent from blacklisting ..... held that there need not be any statutory grant of such power. the only legal limitation upon the exercise of such an authority is that state is to act fairly and rationally without in any way being arbitrary, thereby such a decision can be taken for some legitimate purpose. what is the legitimate purpose that is sought to be ..... work. article 14 of the constitution prohibits the government from arbitrarily choosing a contractor at its will and pleasure. it has to act reasonably, fairly and in public interest in .....

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Nov 15 2012 (HC)

Bhakta Hari Mohanty Vs. Bishnu Charan Swain

Court : Orissa

..... the complainant and the witnesses that when the accused no.1 was putting forth the case of his client before this court or the civil court or revenue court in course of argument, uttered such words, by which the prestige of the complainant has been lowered in the estimation ..... 1, namely, shri bhakta hari mohanty has prepared the appeal memo, written statement and 5 amendment petition, which were filed in different courts including this court, defaming the complainant knowing fully well that those are false in content but to vilify the character, honour and prestige of the ..... of the said sudhansubala sahoo for which she had filed c.s. no.29 of 2002 before the learned civil judge (senior division), first court, bhubaneswar for declaration of her title. after the suit proceeded for some time, the plaintiff- 4 sudhansubala sahoo engaged the petitioner, shri bhaktahari ..... any rate, tilottama samal of damana being a tenant under the zamindar her tenancy is protected u/s 8 of the o.e.a. act, especially where her name has been mutated in tahasil jamabandi and rent has been accepted for her. 5. the initial deposition given by ..... 2008 passed in the aforesaid complaint case filed by the opposite party, taking cognizance of the offence as stated above and issuing process against the petitioners stands quashed. as a consequence, i.c.c. no.2985 of 2007 also stands quashed. the criminal misc. cases are accordingly allowed. .. m.m. das, j.orissa high court, cuttack. dated the 15th november, 2012/kkb/bks .....

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Nov 15 2012 (HC)

Basabta Manjari Satpathy Vs. State of Orissa and Another

Court : Orissa

..... the complainant and the witnesses that when the accused no.1 was putting forth the case of his client before this court or the civil court or revenue court in course of argument, uttered such words, by which the prestige of the complainant has been lowered in the estimation ..... 1, namely, shri bhakta hari mohanty has prepared the appeal memo, written statement and 5 amendment petition, which were filed in different courts including this court, defaming the complainant knowing fully well that those are false in content but to vilify the character, honour and prestige of the ..... of the said sudhansubala sahoo for which she had filed c.s. no.29 of 2002 before the learned civil judge (senior division), first court, bhubaneswar for declaration of her title. after the suit proceeded for some time, the plaintiff- 4 sudhansubala sahoo engaged the petitioner, shri bhaktahari ..... any rate, tilottama samal of damana being a tenant under the zamindar her tenancy is protected u/s 8 of the o.e.a. act, especially where her name has been mutated in tahasil jamabandi and rent has been accepted for her. 5. the initial deposition given by ..... 2008 passed in the aforesaid complaint case filed by the opposite party, taking cognizance of the offence as stated above and issuing process against the petitioners stands quashed. as a consequence, i.c.c. no.2985 of 2007 also stands quashed. the criminal misc. cases are accordingly allowed. .. m.m. das, j.orissa high court, cuttack. dated the 15th november, 2012/kkb/bks .....

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