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1992, the OEA Collector and Tahsildar, Puri observed that the suit lands in Advocates [view it now] question have been recorded in the name of Shri Jagannath Mahaprabhu Bije, Srikhetra, and accordingly settled the suit lands in favour of the Advocates (see post) Temple. in the passage from one of his judgments Advocates (view it now) quoted above, that section 5(7-A) is ultra vires article 14 of the Constitution and so is section 64(5)(b) in so Advocates (view it now) far as it makes an order under section 5(7-A) as it now exists, inviolate.

" I would hold for these reasons, and in particular for the reason given by Fazl Ali J. 2009 set aside the order of the Tahsildar dated 30. He, however, made some slight changes in the incremental scales and the maximum limits of the grades. Before him, the Company contended that as the members of the Union were employees in an Engineering concern, the scale of pay applicable to' them was that laid down in the award of the Engineering Tribunal, and that as the scale actually in force was more favourable to them than that scale, there was no ground for revision.

1992 on the ground that the lands in question have been accorded the status of ˜amrutamanohi and that they were recorded as Trust Estate as defined under Section 2(oo) of the OEA Act, 1951 and that lands had wrongly been settled in favour of the Temple. Another important fact which is on record is that while recording the dying declaration, Naib Tehsildar deposed that the deceased was illiterate and the dying declaration was read over and explained to her.

The scheme as settled in his award with reference to the categories involved in this appeal was as follows The Company having declined to accept it, there arose an industrial dispute, and by a notification dated 18- 1-1950, the Government of West Bengal referred the same for adjudication to one Shri Palit, District Judge. The Union, on the other hand, contended that not having been a party to the proceedings before the Engineering Tribunal, it was not bound by the award therein, and that as its members were clerical staff and not workers, the scales fixed in the award of the Mercantile Tribunal were more appropriate to them.

However, it is not explained as to what steps were taken to investigate the said evidence in the case. The State Government of Orissa subsequently issued a notification dated 18. 1992 and held as under: 2421 of 2000, challenging the order of the Tahsildar dated 30. The rule has been applied as between different provisions of the same statute in numerous cases some of which only need be mentioned: De Winton v. But it is a treasure which can only be kept at the cost of ceaseless and watchful guarding.

But the scale fixed in the award of the Mercantile Tribunal was decidedly more favourable to the employees than either the scale recommended by the Bengal Chamber of Commerce and adopted by the Company on 1-10-1946 or that fixed in the award of the Engineering Tribunal, and it -is therefore not surprising that it should have inspired the Union to present a demand 786 for wages and dearness allowance on the scales provided therein. Crease, United States v. 1989 and extended the time for filing claims under Section 8-A of the OEA Act, within which the Temple filed Claim Case No.

70-4-134 The Union was party No. In a democracy functioning under the Rule of Law it is not enough to do justice or to do the right thing; justice must be seen to be done and a satisfaction and sense of security engendered in the minds of the people at large in place of a vague uneasiness that Star Chambers are arising in this land. The result was that this award was no more binding on the parties than the one passed by the Engineering Tribunal.

By his award dated 12-6-1950 shri Palit held that the nature of the work and the qualifications of the clerical staff were not the same in all business establishments, that the clerks in mercantile concerns were better qualified and had to do more onerous work than the members of the Union, that the latter could not be put in the same position as the former, and that the scale of pay fixed in the scheme of the Bengal Chamber of Commerce which was adopted by the Company was fair and required no revision.

68 of 1990 for recording the lands in question in favour of Shree Jagannath Mahaprabhu Bije, Puri, Marfat Shree Jagannath Temple Managing Committee. What is stridhana Stridhana means property of every description belonging to a Hindu female, other than property in which she has, by law or under the terms of an instrument, only a limited estate. 192 in those proceedings, but for technical reasons, the Tribunal declined to adjudicate on their disputes.

The High Court by the impugned judgment dated 07. We have received a rich heritage from a very variegated past. These two facts are self-contradictory and severely detrimental to the prosecution case which ought to have been explained by the prosecution. In the year 2000, the respondent-Math filed a Writ Petition before the High Court of Orissa at Cuttack in Original Jurisdiction Case No. There is no room for complacency, for in the absence of constant vigilance we run the risk of losing it.