Court : Orissa
Reported in : AIR1953Ori33; 19(1953)CLT58
..... relied on this occasion, as was done by the advocate-general, on the prior occasion, on the rules of business of the government of orissa, (effective from 1st august, 1950), and framed in exercise of the powers conferred by clause (3) of article 166 of tbe constitution of india. great stress was laid upon rules 2, 4, 8, 9 ..... prior approval of the minister-in-charge of the home department, which was taken afterwards. three such instances are furnished by way of illustrations, of the year 1949 and 1950. this shows that even if orders were passed without legal authority, which consequently have to be invalid, they were passed bona fide in view of the pre-existing practice. ..... not merely from the actual flouting of the court's authority, but from the clear tendency that the particular act may have (?) to undermine the authority of the court.17. it has been brought to our notice that in a recent case in air 1952 s c 106 (april part) 'naranjan sing v. state of punjab', the supreme court has held .....
Tag this Judgment!Court : Orissa
Reported in : 1986(II)OLR470
..... the general law deals,similar is the observation of the supreme court in the case of (justiniano augusto de piadade barreto v. antonia vicente da fonseca and others) (air 1979 s. c. 984 ) where the period of limitation prescribed in local laws and special laws was discussed. it was accordingly submitted by mr, mohapatra that if ..... should lean against repeal of the earlier act by implementing the later act, and unless it is absolutely clear that the operation of the former act has to be curtailed by the latter act, the former act should be held to continue to be in force even though the latter act is regarded as a special act in some other sense. this submission of ..... is presumed to have only general cases in view, and not particular cases which have been already otherwise provided for by the special act.'12. the supreme court in the case of (kaushalya rani v. gopal singh) (air 1964 s. c. 260) while considering the special period of limitation prescribed under section 417 of the new cr. p. c .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR891
..... excluding offences against law with respect to any of the matters specified in list i or list ii excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power.since the commission of inquiry has been appointed under the provisions of section 3 read with ..... to the secretarial staff of the assembly by law and, therefore, there is no interference of the state government therein. section 3 of the commission of inquiry act empowers the 'appropriate government' to appoint commission of inquiry for the purpose of making an enquiry into any definite matter of public importance. the definition of ' ..... constitution itself, the fundamental law, namely, the constitution, cannot be changed by a law passed under the legislative provisions contained in the constitution as all legislative acts passed under the power conferred by the constitution must conform to the constitution....in the case of state of karnataka v. union of india (supra) the scope .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT892
..... i.e., 457, whereas the opposite party secured 387 votes. challenging the said election, the opposite party filed an application under sections 18 & 33 of the orisa municipal act, 1950 with a prayer to declare that the petitioner was disqualified as a councilor as he had not disclosed about the facts of g.r. case nos. 218 of 2000 & ..... not a necessary party to a proceeding where the subject matter of an order passed by the authority was under challenge.7. however, in another decision reported in : air 1999 sc 976 (savitri devi v. district judge, gorakhpur and ors.), the apex court held that there was no necessity for impleading the judicial officers who disposed of ..... writ application that the petitioner has not impleaded the tribunal as opposite party in this writ application. in support of his contention he cited the decision reported in : air 1963 sc 786 (udit narain singh malpharia v. additional member, board of revenue, bihar and anr.) wherein the apex court held that in a writ not only .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT281; (1994)ILLJ795Ori; 1993(I)OLR380
..... the c.r.p.f. is 'force' and if so, whether it is an 'armed force'. the c.r.p.f. was regarded as armed force, because section 3(1) of the central reserve police force act has recognised that force as an armed force. section 3(1) of the railway protection force act, 1957 (hereinafter 'the act') describes this force only as a 'force'. secondly, article 33 has permitted the parliament ..... sc 597, article 21 has close relationship with article 14. this is indeed a fall-out of bank nationalisation's case air 1970 sc.564 in which inter-relationship of fundamental rights was accepted by overruling gopalan's case air 1950 sc 27. we would further state that principles of natural justice have been accepted as a part of article 14 by two .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT296; 1985(II)OLR298
..... on the finding of possession only.5. temporary injunction during pendency of a suit is not a common law-right see air 1962 orissa 181 (radhamoban sundara mohapatra v. sora dei). section 36 of the specific relief act, 1963 only provides that the preventive relief of temporary injunction is granted by the court at its discretion. section 37(1 ..... admittedly been on the property for quite a long time legal position is well-settled that a person in possession particularly under some colour of title should not be forced out by taking law into one's own hand. it is particularly so when the state with its mighty power comes to deal with a citizen..........' besides, neither ..... the tank belonging to the notified area council.9. no material is forthcoming on record to prove notice to the executive officer under section 349 of the orissa municipal act which is the precondition for a suit against him. in the decision reported in [42(1976)clt 174(collector, dhenkaual and ors v. guru prasad mahakud and ors .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT233
..... 11.00 a.m. to record the vote of 'no confidence' by means of secret ballots as provided under section 54(2)(e) of the orissa municipal act, 1950 (hereinafter referred to as 'the act').4. from the documents which have been annexed to this writ petition, it appears that a requisition for a meeting to record vote of 'no confidence' ..... in convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with the rules, made under this act, subject however to the following provisions, namely:(a) no such meeting shall be convened except on a requisition signed by at least one third of the total number of ..... a impediment on the part of the sent incumbent to issue the aforesaid notice.we are of the view that the term 'district magistrate' contained in section 54 of the act also includes within the said term any person who is vested with 'formal charge' of the office of the district magistrate, by the competent authority. there being no .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori33; 19(1953)CLT370
..... in writing, setting forth the substanae of the information received, the amount of the bond to be executed, the term for which it is to be in force, & the number, character & class of sureties if any) required.'the question involved is whether the order above contains the substance of the information received.2. ..... the law to keep those informants (sic) in dark as to substantive facts & just to (sic)ify them & give out general characters into which the particular acts can be classified. now, the question arises, whether on those grounds the present proceedings ought to be quashed, i haveexamined the police report & read the evidence of ..... order of the magistrate which ia based upon a police report reads : ' . . . . that you bankanidhi subudhi & 58 others of sanapadar, 2nd party indulging in acts of highhanded-ness, violence, harassment, etc., towards the first party bhagirathi mohapatra & that your activities are likely to cause imminent breach of place or disturb the public tranquillity in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori213; 1984(I)OLR154
..... 27-9-1979, the compromise had been made redundant. they wanted recall of the order passed behind their back.6. mr. k. n. jena, for the petitioners forcefully submitted that the petitioners were necessary parties to the proceeding under order 9, rule 13 of the civil p. c. and the learned subordinate judge, went wrong in ..... the proprietors was clearly contrary to law and the court was, therefore, fully justified in refusing to enforce it .........'in taraprasanna sarkar v. kalika mohan sarkar air 1924 cal 80 mookerjee and rankim, jj., held:--'......there can be no compromise binding upon all the parties to a partition suit until and unless all the ..... be compromised i use the word 'generally' keeping in mind certain observations and illustrations given by venkatasubba rao, j. in c. thiruvengada mudalier v. thengayelu mudalier, air 1928 mad 594. it is settled law that a compromise of partition suit would be ineffectual (generally) unless all the necessary parties to the action having interest in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori318
..... article 21 as being limited to state-made law only. this question has been recently discussed in 'state v. braham prakash'. air 1950 all 556. the government advocate has drawn my attention to the constitution (first) amendment act, 1951 by which clause (2) of article 19 was amended. but i do not think that that amendment has any bearing ..... .'doubtless his lordship was referring in particular to 'small colonies consisting principally of coloured population' but his observations are of wider import and would apply with equal force to these recently created states of india where the press itself is of recent growth and the public opinion cannot be said to be so fully advanced as ..... summary process of the court for punishing contempts of this nature was also pointed out in the aforesaid decision. but that does not in any way detract from the full force of the observations quoted above. in 'rex v. da-vies', (1906) 1 k. b. 32 the principles underlying the cases in which persons making attacks upon .....
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