Court : Orissa
Reported in : AIR1990Ori199
..... in 1lr (1974) cut 909 : (air 1975 orissa 139) (supra) service tenures for rendering service to a person or a family under section 235 (i) of the act is grant in lieu of rent where in absence of rendering service the service holder shall not be liable for eviction but the grantor shall be entitled to collect fair rent whereas in respect of grant burdened with rendering service to religious or charitable institution or for the public in general or for the government, the tenant shall ..... upon such determination of the cash-rent the incident of said tenure shall be regulated by the provisions of this act applicable to land held by an occupancy raiyat notwithstanding anything contained thereunder: provided that if the service is rendered to a religious or charitable institution and not to a person or a family; or if the service is for the public in general, or for the government the holder of such a service-tenure shall not have the benefit of this section. ..... jadu sethi and others) where it has been held that deshahata jagir is granted to a person for service to a community and not to the exintermediary and accordingly, there is no scope for any tenancy right under section 8( i) of the orissa estates abolition act. in s. a. ..... in the decisions of this court in (1967) 33 cut lt 725, air 1967 orissa 86) and (1955) 21 cut lt 254 (bhikari benera v. ..... he also relied upon the decision reported in (1967) 33 cut lt 725 : (air 1967 orissa 86) (bineswar giri v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori90
..... the petitioner who has been guilty of laches in filing this writ application after 8 years of the order under section 5 (i) of the orissa estates abolition act and after 4 years of making of the award has again shown lack of vigilance in moving the petition for amendment and to allow it now would be a great hardship to the opposite parties ..... here, annexure-4, was passed in the year 1962 and the award (annexure-6) was made in the year 1967 and the petitioner remained quiescent till 23-6-1971 and he has offered no explanation for this delay in coming to court ..... 5 on 15-3-1967 and award was made on 30-3-1967 under section 11 of the central act under which compensation was allowed at the rate of rs ..... (e) both the impugned orders having been passed in 1962 and 1967 and the petitioner having come to this court after long delay without explaining the same, he should not be permitted to invoke the extraordinary jurisdiction of this court ..... in this case the notice was served on 15-3-1967 which was apparently more than 30 days. ..... 1,10,478.01 inclusive of interest upto 31-3-1967 and in fact on 15-12-1970, a sum of rs ..... 10/5 of 58-59 (case number given in prayer portion being wrong) on 31-3-1967 in favour of opposite party no. ..... we shall be grateful if you will kindly allow us to make this deposit on or before 31-7-1967 according to our convenience. ..... 5 was dismissed on 8-11-1967 on the findingthat in view of the passing of the award the suit was not maintainable ..... 478.01 inclusive of interest upto 31-3-1967. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori135
..... if the appellate authority comes to the conclusion that there was no permission in writing as required in law, the petitioner's application is to be dismissed as she would not become an intermediary to maintain an application under section 7 of the orissa estates abolition act even though she might be found to be in khas possession on the date of vesting.24. ..... on the aforesaid analysis, the two bench decisions of this court referred to in paragraph 2 of this judgment correctly laid down the law that the provision in the control order debarring women to inherit brahmottar grant is inconsistent with section 4(1)(b) of the hindu succession act and had ceased to have effect.but in those two cases the control order had not been produced and had not been fully examined in' all its perspective and the ultimate ..... .by the control order it was considered expedient to define the conditions of enioyment and transfer of lakhrai and other similar tenures.clause 3 of the control order prescribes that 'lakhrai' includes similar other tenures held under grant made by the ruler of the state for the benefit of the grantee and his descendants.clause 8 runs thus :--'notwithstanding any provision contained in any regulation or order relating to the transferability of tenures in general, no lakhrai ..... 21 of 1967(orissa) as follows :-- 'the learned advocate for the petitioner did not produce a copy of the lakharai control order, 1937 which was amended on 7th june ..... 21 of 1967 (orissa), shvama sundar sarangi v .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori20; 21(1955)CLT275
..... jebunissa bibi.these three petitions are under article 226 of the constitution questioning the legality of the notices served in the petitioners on 3-11-1953 under section 5 (h), orissa estates abolition act, 1951 (orissa act 1 of 1952), hereinafter referred to as 'the act', calling upon the petitioners to give up possession of these janas, that is, the areas of the chilka lake.the petitioners' case is that they entered into contracts ..... of mere licensees to catch and take away fishes from the particular areas of the chilka lake--permission having been given by the ex-proprietors on receipt of heavy sums as considerations for granting such licenses.it is stated before us that these contracts on the basis of which the petitioners are claiming their light to catch and take away fish are mere oral contracts in accordance ..... the present cases, as we have held, 'do not even suggest that the lessees were in the position of creditors and the leases were granted only for the purpose of paying up the debts advanced.the only other provision regarding leases in the act is contained in section 5(i) that after the estate has vested if a lease of any land or mines or minerals comprised in such estate has been executed after ..... it is either a common right like the public right of fishery in the sea and tidal waters, or it is a profit over the soil of another founded upon a grant or prescription from the owner of the soil, or from the crown as the owner of the bed or tidal water (coulson and forbes). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori69; 42(1976)CLT48
..... this is an application under section 13 (3) (a) of the orissa merged territories (village offices abolition) act, 1962 (orissa act 10 of 1963) (hereafter referred as the 'act') directed against the appellate order of the ..... of the land with the holder of the village office is concerned, his actual cultivating possession immediately before the appointed date is not necessary while in order to be entitled to settlement under section 5 (1) of the act, his co-sharer or a tenant under the holder of the village office as also under the co-sharer has to establish actual cultivating possession immediately before the appointed date. ..... remedy by way of appeal and revision against the order of settlement.we may now deal with section 5 of the act which runs thus:--'(1) all bhogra lands resumed under the provisions of this act shall subject to the provisions of sub-section (2) be settled with rights of occupancy therein on a fair and equitable rent with the holder of the village office or with him and all those other persons, if any, who may be in the enjoyment of ..... under section 3, with effect from and on the appointed date the village offices within the respective territories are deemed to have been abolished; service tenures are extinguished; all settlements, sanads and all grants in respect of such tenures are deemed to have been cancelled; rights of the holders of such offices to receive emoluments are deemed to have been terminated; all rights to hold office and any liability to render .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori56; 23(1957)CLT67
..... the act has excluded from its scope (1) lands held under temporary lease granted by government (section 18 (d) ) and (2) those tenants who held land directly under government with permanent and heritable rights of cultivation therein on payment of rent, either wholly or partly in cash (exception 3 to section 2(1) (j) ).the crucial question for consideration is whether this discrimination in respect of tenants holding directly under government is based on any reasonable classification bearing in mind the object sought to be achieved. ..... with a view to avoid this evil, the orissa 'tenants relief act was passed on the 21st april 1955, and the preamble to that act which makes the object clear is as follows:--'whereas subsequent to the passing of the orissa estate abolition act 1951 and pending further legislation relating to land reforms large-scale eviction of tenants from actual cultivation of agricultural lands is being resorted to by the owners of such lands; and whereas pending such further legislation ..... row, air 1952 sc 196 (i):'it is important to bear in mind that the test of reasonableness wherever prescribed should be applied to each individual statute impugned and no abstract standard or general pattern of reasonableness can be laid down as applicable to all cases. ..... this is an application under article 226 of the constitution by the owner of wet lands in village raghunathpur, in chatrapur taluk of ganjam-district, challenging the validity of the orissa. .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT445
..... if it is held that the embargo contemplated in proviso (iii) of section 7-a(1) is applicable only when the land is settled with a person under the orissa estates abolition act, any earlier settlement of such land under any other act. ..... strictly speaking, such a question is not a matter to be agitated in the civil court, there is no doubt that the state government has notified the mamber, board of revenue, as the authority to act as a delegate of the state government in exetcise of the power under section 40 of the orissa estates abolition act and such jurisdiction under section 7-a(1) can be exercised by the member, board of revenue, the question as to whether the land is required for carrying out the purposes of the trust or not is to be determined by the ..... be determined by the collector in the prescribed manner and subject to such other terms and conditions as may be prescribed provided that no such land, tank or building shall be settled under this section--(i) after the expiry of a period of thirteen-years from the date of commencement of the orissa estates abolition(amendment) act, 1978; (ii) if such land, tank or building is held by a tenant; or(iii) if such land, tank or building has already been settled by government with any other person. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... statutorily prevented from) making full use of their resources and from enhancing their average income during the period commencing from 1947 and ending on the date when the notification under the abolition act is to be issued, while the gross assets taken for computation of compensation under section 26(2) of the act are the assets or income from various sources as they obtained 'in the previous year' that is, the agricultural year preceding the date of the notification ..... .77. since all these applications involve substantial questions of law as to the interpretation of the constitution, the petitioners are entitled to the grant of leave to appeal to the supreme court, under article 132(1) of the ..... . it has been pointed out that in the calculation of gross assets of the estate under s 26(2) only rents payable by the tenants are included, and that the word, 'rent' as defined either in the madras estates land act in section 3, clause (ii) thereof, or in section 3, clause (16) of the brissa tenancy act, refers only to what is payable in cash or in kind ..... as understood under the law of eminent domain, necessarily involves the idea of 'just compensation', carrying with it the following attributes: (1) market-value payable on the footing of compulsory sale; (2) determination of compensation by a judicial tribunal; (3) payment of compensation (a) in cash and (b) on the date when possession is taken unless any other method and manner of payment is consented to by the dispossessed proprietor. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori57; 56(1983)CLT482; 1984(I)OLR40
..... partition; that the suit was barred by limitation; and that the civil court had no jurisdiction to entertain the suit in respect of the lands in schedule a-2 as those were being dealt with under section 6 of the orissa merged territories (village offices abolition) act, 1962 (orissa act 10 of 1963).6. ..... (b) all the incidents of the service tenures relating to such offices shall be deemed to have been extinguished; (c) all settlements, sanads, and all grants in pursuance of which such tenures were being held, immediately before the appointed date shall be deemed to have been cancelled; (d) the rights of the holders of such offices to receive any emolument shall be deemed ..... such holding shall be made with a raiyal of any other castes without special permission of the state, which must be obtained before applications are made for mutation. 13. ..... your appointment, you are entitled to bhogra maufi either in the .shape of cash or land. ..... no bhogra lands or if there are no sufficient land fit for bhogra maufi, you would get money in cash. ..... always open to the civil courts which are courts of general jurisdiction to consider and decide whether the statutory tribunal has acted within the ambit of the powers conferred upon it by the statute to which it owes its existence or the provisions of the act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure or it has transgressed the limits placed on its powers by the .....
Tag this Judgment!Court : Orissa
Reported in : [1991]71CompCas220(Orissa)
..... in the present case, as the conditions necessary for applicability of section 70 are neither pleaded nor proved, such a claim under section 70 of the indian contract act cannot be advanced for the first time in the ..... revenue, by his order (annexure-4), the petitioners came up before the high court for quashing the above referred orders (annexures 1, 2 and 4) passed under the provisions of the orissa merged territories (village officers abolition) act, 1962, and for a direction to settle the disputed land in favour of the petitioner.34. ..... in such cases, if the suit is decreed and there is an appeal only by some of the defendants and if the relief is granted only to the appellants, there is the possibility that there might come into operation at the same time and with reference to the same subject-matter two decrees which are inconsistent ..... 92,236.99 to the plaintiff-bank for collection, nothing more is payable to them under the cash credit account and as the non-recovery of the amount under the bills from the government was due to the negligence of the bank, the defendants cannot be held liable ..... a plain paper receipt dated april 1, 1967, signed by the section officer, p. h. ..... exhibit 36 is the forwarding letter dated august 11, 1967, addressed by the bank to the executive engineer ..... exhibit 35 is the forwarding letter dated august 2, 1967, addressed by the bank to the executive engineer ..... exhibit 33 is the forwarding letter dated june 29, 1967, addressed by the bank to the executive engineer .....
Tag this Judgment!