Court : Orissa
Reported in : AIR1953Ori336; 19(1953)CLT351
..... undisputed facts are that the petitioners at all material times were under detention in sambalpur jail having been detained under the provisions of the preventive detention act, 1950 (act 4 of 1950). they submitted some representations to the government for redress of certain alkged grievances of theirs on 2-7-50 and when these grievances were not redressed ..... provisions of the order were explained to the detenus while they were in jail. the general maxim that every one is presumed to know law cannot apply with full force in respect of subsidiary legislation as was pointed out in -- 'johnson v. sargant & sons', (1918) 1 kb 101 (a), which has been subsequently followed ..... in several decisions in india (see -- 'l. m. wakhare v. emperor', air 1945 nag 159 (b) and -- 'debi prasad v. emperor', air 1947 all 191 (c)). doubtless if the order had been published in the manner required by law the presumption that every member of the public is .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT165; 1999(II)OLR25
..... and ors.). he has also drawn attention of the court to certain observations made by the apex court in air 1986 sc 111 (kanhiya lal omar v. r.k. trivedi and ors.). it is argued that the representation of peoples acts, 1950 and 1951, the registration of elector rules and the conduct of election rules, etc. are a complete code ..... 36 (fb) is distinguishable and the observations made therein are obiter. the petitioner has accordingly prayed for setting aside the judgments made by the courts below. the main force of his submission is that the findings of the courts below, as it appears, are result of confusion as to the scope and jurisdiction in the election dispute which ..... that whenever a statute prescribes that a particular act is to be done in a particular manner and also lays down that failure to comply with the said requirement leads to a specific consequence it would be difficult to hold that the requirement is not mandatory.16. with greater force it is argued that the full bench decision .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR344
..... which contemplates an appeal from the orders enumerated therein, as also appeals expressly provided in the body of the gode or by any law for the time being in force. sub-section (1) therefore contemplates three types of orders from which appeals are provided namely,(1) order enumerated in sub-section (1),(2) appeals otherwise expressly provided ..... effect to the calcutta, madras and bombay views that section 104 did not bar a letters patent. as appeals under 'any other law for the time being in force' undeniably include to letters patent appeal, such appeals are now specifically saved. section 104 must be read as a whole and harmoniously. if the intention was to ..... v. andhra bank ltd. and ors. : air2004sc5152 . according to mr. indrajit mohanty, learned counsel for the respondent after amendment of section 100-a, c.p.c. by act 22 of 2002 with effect from 01.07.2002, jurisdiction conferred under clause 10 of the letters patent applicable to orissa high court is no more invokable in ah appeal .....
Tag this Judgment!Court : Orissa
Reported in : 1990ACJ631; AIR1990Ori74
..... compensation.7. before such questions are discussed, the development of principles for determination of compensation is worthwhile to be noticed. in a case arising under the fatal accidents act, the supreme court in air 1962 sc 1 (gobald motor service ltd. v. r.n.k. veluswami) held that in the process of estimation of compensation many imponderables enter into the calculation and ..... in (1979) 47 cut lt 368 in para 19 of this judgment. although i was a party to the decision in (1986) 62 cut lt 457 : (air 1987 orissa 110), i must say that the force of the observation made in (1979) 47 cut lt 368 perhaps could not be confined to the facts of that case only. but on that account ..... , it cannot be said that the principles enunciated in the decision in (1986) 62 cut lt 457 : (air 1987 orissa 110) are incorrect.28. let the matter .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori96
..... may weigh the evidence, disagree with findings of fact, and also interfere with the penalty and pass such orders as he thinks proper. the coming into force of the constitution in 1950 did not affect his powers in any way.8. the tribunal rules of 1951 are made applicable both to gazetted and non-gazetted government servants. the ..... held that section 5 (a) of the income-tax act, giving unlimited discretion to the commissioner of income-tax to transfer a case from one income-tax officer to another, ..... selection is guided by the objective of the special act, and if, in individual cases. government arbitrarily exercise this power, the order of government may be subjected to challenge as unconstitutional, but not the statute itself.the same principle was reiterated in pannalall binjraj v. union of india, (s) air 1957 sc 397 (h), where it was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori88
..... was struck down as unconstitutional. in an earlier decision rashid ahmed v. municipal board kairana, air 1950 sc 163, the provisions of bye-laws 2 and 4 of the municipal board of kariana made under the u.p. municipalities act of 1916, were held to impose an unreasonable restriction inasmuch as they authorised the board to ..... shall not be granted unless the building is constructed of non-inflammable materials. after the coming into force of the constitution the parliament passed another act entitled the cinematograph act 1952 (act 37 of 1952)by which the provisions of act ii of 1918 were partially repealed in part a and part b states.thereupon the orissa legislature passed ..... section (3) of section 5 the orissa cinematograph rules, 1939 (made under the central act of 1918) continued to remain in force by virtue of section 24 of the general clauses act.6. sub-sections (1) and (2) of section 5 of the orissa act are as follows:---'5. (1) the licensing authority shall not grant a license under .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori157
..... the state cannot by any token be regarded as sovereign inasmuch as even under the provisions of the orissa municipal act, 1950, licences have to be obtained from the municipalities as required by various provisions of that act. for this reason, it cannot be contended that even the municipalities have to be regarded as sovereign bodies. the ..... were to lay down an objective standard to guide and control the discretion of the central government in the matter of bringing the various provisions of the act into force, it would have been possible to compel the central government by an appropriate writ to discharge the function assigned to it by the parliament.'9. ..... different courts of the country. indeed, the observations are awe-inspiring; and the apex court of the country, right from commissioner of police v. goardhandas bhanji, air 1952 sc 16, has quoted the same in a catena of decisions. learned advocate-general, however, submits that the aforesaid observations of julius have no application to .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori5; 96(2003)CLT246; 2003(II)OLR270
..... to sue for a mandatory injunction for restoration of the land to its original condition.'11. the plaintiff-respondent having resorted to section 39of the specific relief act and having obtained a decree of mandatoryinjunction directing the defendant-appellant to remove the encroachment,cannot once again approach the court seeking partition of thecommon passage which ..... the breach complained of and also to compel performance of the requisite acts. this section is similar to section 55 of the 1877 act. the madras high court interpreting section 55 of the 1877 act held in the case of varanasi subayya v. varanasi somalingam, air 1920 madras 223, as follows :'where a lane is a common ..... has been approved in the case of dina nath and anr. v. mansaram, air 1973 p. & h. 253.9. in order to wriggle out of the aforesaid position of hindu law, mr. b. h. mohanty, learned counsel for the respondent, forcefully submitted that by efflux of time there have been substantial changes and the passage which .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori76; 30(1964)CLT112
..... then the old act of 1939 continued to remain in force but the legislature felt that certain summary powers should be given to the commissioner to ..... 1951 but it was not brought into force till 1955 as the constitutionality of the madras act itself was under challenge before the supreme court which finally disposed of the matter in commr. hindu religious endowments, madras v. lakshmindra thirtha swamiar, air 1954 sc 282. thereupon certain further amendments were made and the new act was brought into force from the 1st january 1955. till .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori115; 37(1971)CLT1052
..... 56 of the old act and its corresponding provision section 41 of the new act appear under the chapter headed 'perpetual injunctions' and that by force of section 53 of the old act corresponding to section 37 of the new act, the prohibition contained in section 56 of the old act and section 41 of the new act would not apply to ..... judge. but this does not mean that the court of the munsif is subordinate to that of the subordinate judge. in ladli parshad jaiswal v. karnal distillery ltd. (air 1963 sc 1279), their lordships held that the ex-pressibn 'court immediately below' occurring in article 133(1) of the constitution does not mean 'court subordinate.' this ..... view is reiterated in durga prasad v. banaras bank ltd., (air 1963 sc 1322). these decisions strengthen our view that merely because the ' court of a munsif is inferior in grade to the subordinate judge, it is not a court .....
Tag this Judgment!