Court : Orissa
Reported in : AIR1952Ori359
..... the ballot the 25th july, 1951, invalid for another reason. on the view taken by my lord the chief justice, the fellows elected on 25th november, 1949 and 5-1-1950 would come within the cate gory of 'first elected fellows' and they s also be subject to the liability of being balls out. if, therefore, the slips containing serial numbers ..... a certain way, the thing must be done inthat way or not at all.'this principle has been laid down by the privy council in -- 'nazir ahmad v. king emperor', air 1936 pc 253 (2) at p. 257. the privy council in that case pointed out that the doctrine was applied to courts in -- 'taylor v. taylor', (1875) 1 ch ..... not applyto the powers vested in the vice-chancellorunder the statutes framed by the senate, i donot see any force in it. since these were madeby the senate in pursuance of section 19 of theutkal university act, i think they must, forall legal purposes, be taken as a part of theact; see -- 'baluram v. bai parinabai', 11 indcas 351 (bom) and -- ' .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori151
..... including chapter 7 of schwarzenberger's manual of international law in the text book prescribed for that examination13. a regulation of the academic council has statutory force being in the nature of subsidiary legislation and the general principles covering the interpretation of statutes would, therefore, apply in construing regulation 4 of chapter 8 ..... suggested that in schwarzenberger's manual of international law, chaps. 4 and 8 may be omitted. the board of studies (law) met on 9-9-1950 to consider these suggestions and passed the following resolution regarding paper v :'roman law and international law relating to peace. manual of international law by g. ..... of the authority whose order is under challenge before it.in -- 'veerppa pillai v. raman and raman ltd.', air 1952 sc 192 at pp. 195-196 (b), their lordships pointed out that if authorities act wholly without jurisdiction or in excess of jurisdiction the high court may, in appropriate cases, exercise its special jurisdiction .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori168
..... the judgment proposed by my learned brother das, j. he agrees with answers proposed. he, however, has added some further reasons not for the purpose of rein, forcing the correctness of the answers but for a different purpose. it seems he should approach the question with a leaning towards admissibility of a confession as a rule leaving ..... with, what purports to be the confessional statement, cannot be treated as a validly recorded confession under schedule 64 which could be brought in under schedule 6, evidence act & that it must therefore be disregarded.25. the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record of ..... to two very recent judgments of the madras & bombay h. cs. viz., 'karunathambi subramania goundar v. state', (1950 1 ml j 659 at p. 662: (air (37) 1950 mad 579: 51 cr l j 1047) & 'bhimappa saibanna v. emperor', air (32) 1945 bom 484: (47 cr l j 252) respectively. with great respect, i am in perfect agreement .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... their assignees & protects them from eviction provided ejectment has not been carried out & a suit or execution proceeding for such eviction is still pending on the day the act came into force. such a provision was necessary to quiet titles which had been made insecure, as a result of diversities in judicial decisions & the changes in law relating to ..... -tenant of the homestead of a raiyat has therefore been held not liable to be evicted & is protected by schedule 36 - 'kandhuri v. arjun', 1 pat 161: (air (9) 1922 pat 416). as early as 1869 sir barnes peacock c. j. held that a tenure granted for building purposes is transferable in the absence of any evidence to ..... 24. on the other hand, there were decisions of the highest cts regarding the nature of these tenancies which were neither uniform nor consistent. in 'chintamoni v. sriram chandrakar', air (21) 1934 pat 422: (149 ic 805), it was held that a chandna right is not transferable except on proof of local custom or usage. the suit was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori42
..... that according to the 1st paragraph of the preamble, it was avowed that the modification of the principal acr, would be effected not so much by the act coming into force but by authorisation of the joint stock company referred to therein to extend its activities in specified routes or all of them to the exclusion of others. under ..... 1) of article 19 is not taken away. i may in this connection quote the following observations of the supreme court in 'chintamanrao v. state of madhya pradesh', 1950 s c j 571:'the phrase 'reasonable restriction' connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature ..... shares & the rest were thrown open to the general public & several private motor-bus operators who agreed to join the scheme. the company was registered on 30-11-1950 & commenced its operation from 1-1-1951 in certain routes over which it was given monopoly rights. the management o! the company was vested in a board of directors .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR410
..... there shall be a grama sasan which shall be composed of all persons registered by virtue of the representation of the people act, 1950 in so much of the electoral roll for any assembly constituency for the time being in force as relates to the grama. the grama sasan shall be a body corporate by the name of the grama to which ..... post and may regulate the conditions of service of persons appointed to the post.6. state of gujarat v. raman lai keshav lal soni : (1983) 2 scc 33 : (air 1984 sc 161) is another constitution bench decision of the apex court which requires mention. there, the question for consideration was whether members of gujarat panchayat service under the gujarat ..... this well-settled position in law has emerged ever since it was ruled by a constitution bench of the apex court in state of assam v. kanak chandra dutta : air 1967 sc 884, that a member in civil service of the state or in civil post under the state envisaged in article 311 of our constitution, was a government servant .....
Tag this Judgment!Court : Orissa
Reported in : (1992)ILLJ397Ori
..... force for one year and shall be subject to review. the appropriate government in case of a corporation established under any law made by parliament shall be the central government according to section 25l(b)(ii) of the act. it is not disputed that the corporation was established under an act of parliament, namely, road transport corporation act, 1950 ..... , seeking identical remedies can approach the court through collective proceedings instead of being driven to an expensive plurality of litigations. in the well known case reported in (air) 1982 sc149, s.p. gupta v. president of india, the meaning of locus standi was extended beyond the horizons and it was held that it is ..... petitions. the decisions of the supreme court in the case of gadde venkateswar rao v. govt. of andhra pradesh (supra) was not noticed in this decision. in (air) 1977 cal 437, 12 i.c. bose road tenants' association v. collector of howrah, the appellant was a tenants' association which challenged a declaration under section .....
Tag this Judgment!Court : Orissa
Reported in : II(1990)DMC271
..... , inquired into, tried, and otherwise dealt with according to the provisions in the code of criminal procedure, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. it would follow as a necessary corollary that unless in any statute ..... . if that be so, by operation of section 3(2), the provisions of chapter xxxvi of the new code shall apply to proceedings under the act. section 4(2) was examined in air 1984 sc 5, vishwa mitter v. o.p. poddar and ors., and it was observed as follows :--'......this is specifically indicated by the provision ..... case instituted on a complaint for an occurrence which took place prior to coming into force of amendment act 63 of 1984 completely doing away with limitation with regard to taking of cognizance of cases under the act. the relevant part of section 7 of the act, as it stood prior to the amendment, is again quoted below to facilitate .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
..... been specified to be for five years, and art. 173 deals with the conditions of eligibility. reference is then made to certain provisions of the representation of people act, 1950, which has provided for total number of seats in the legislative assembly, and so far as orissa is concerned, the second schedule mentions that the orissa legislative ..... mentioned, inter alia, in article 191(1), 'his seat shall thereupon become vacant.' learned counsel, therefore, submits that on disqualification being incurred, the vacancy occurs by force of this article and nothing is required to be done in this regard by any body. by further referring to clause (b) of article 190(3) read with ..... which is to satisfy us that heirarchical superiority of the governor is not necessary to accept him as an authority competent to remove an mla, has, however, no force to bring home the submission of shri rath, because proviso (b) to art. 217 does speak about 'removal', and the question in veeraswamy's case was to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori132
..... 2009 and are hereby overruled.11. a constitution bench of five judges also declared the tamil nadu land encroachment act (3 of 1905) as constitutionally valid in air 1974 sc 2044 (pandia nadar v. state of tamil nadu) which followed air 1974 sc 2009.12. on the aforesaid analysis, we would answer the question posed by the district judge by ..... restriction the provisions of the act shall be in addition to, and not in derogation of any other law for the time being ..... may pass such orders as it thinks fit.section 46b clarifies the position that the provisions of the act and the rules made thereunder shall have effect in case they are inconsistent with any other law for the time being in force or any provision in the memorandum or articles of association of an industrial concern. subject to this, .....
Tag this Judgment!