Court : Orissa
Reported in : 1999(I)OLR89
..... municipalities/n.a.cs. we may state here that the orissa local fund service rules, 1975 were framed under sub- sec. (2) of sec. 81 of the orissa municipal act, 1950 (for short, 'the act'). the rules came into force with effect from 18th august, 1975.3. the main contention of the petitioners is that though in the ..... not be in any manner less favourable than the terms and conditions which were applicable to them immediately prior to such constitution.taking into consideration sec. 81 of the act and rule 3 of the rules, the court held that it is absolutely clear that the state government, while constituting the local fund service under the rules and while ..... and the orissa state municipal council's union. but it does not include a municipal corporation, as, defined in the amended clause (17-b) of sec. 3 of the act. the impugned orders are in respect of employees working in the corporation. it has been urged that since in the above definition, municipal corporation has not been included, the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori251
..... the detention order has been passed under the provisions of sub-cl. (iii) of cl. (a) of sub-section (1) of section 3, preventive detention act, 1950 (central act, iv [4] of 1950), read with 8. a thereof, by the sub-divisional mag. of berhampur, district ganjam. the order reads as follows:no. cc. 768/50 office of the ..... subdivisionalmagistrate, berhampur,dated, 26-11-1950.order under the preventivedetention act, 1950.whereas i. k. ramamurty, i. a. s., subdivisional magistrate, of berhampur, ganjam district, am satisfied that with a view to preventing t. k. n. ..... s., sub-divisional mag. barhampur, in exercise of the powers conferred by sub-cl. (iii) of cl. (a) of subs. (1) of schedule , preventive detention act,1950 (iv [4] of 1950) read with schedule thereof, am pleased to direct that the said t. v. murty, be detained for a period of three months until 7-2-1941 & removed to .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR419
..... and violative of the principles of natural justice. he vehemently contended that the n.a.c. has absolutely no jurisdiction under the provisions of the orissa municipal act, 1950 (for short, 'the act') to evict the petitioners by force without following due process of law.6. mr. s.d. das, learned senior counsel appearing for the hinjilicut n.a ..... the petitioners. thus, we have no hesitation in concluding that issue and publication of the said notices under annexure-3 series and annexure-4 are unilateral and impetuous act of the n.a.c. in directing the petitioners to vacate the land without affording them any opportunity of hearing.9. moreover, from the letter under annexure ..... been filed on behalf of the hinjilicut n.a.c., inter alia, stating that a regulated market committee has been established under the orissa agricultural produce markets act, 1956 at hinjilicut and the petitioners can vend their vegetable in the said market. as a matter of fact, it is stated in the counter affidavit that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori27
..... judgment., (assuming that the quotation given in the newspaper 'cross roads, vol. ii, no. 14, dated 4-8-1950' under the column 'difference between old and new' at p. 8 is correct etc.), while examining the question as to how long past acts would determine the rationality of a fresh order of detention, that 'he would refuse to lay down any specific ..... in bombay, prior to the enactment of the preventive detention act, and the latter act. the divergence, as pointed out by him, seems to be fundamental. such divergence however, does not exist between the preventive detention act (iv [a] of 1950) and the orissa act, that was formerly in force. the relevant sections in both the acts are almost identical. his lordship is reported to have .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)ACC380; 1994ACJ1125
..... making nominations' must mean that the last hour of the last date during which presentation of nomination paper is permitted under section 23 of the representation of the people act, 1950. an insurance policy is meant to cover liability incurred by the owner of a vehicle 6r property as a result of accident taking place in future and not ..... last date fixed for filing the nomination which was 17.4.1974 could be regarded as valid. in that case section 23 of the representation of the people act, 1950, was referred to which prescribes that the inclusion of names in the electoral roll can be carried out till the last date for making nominations for an election in ..... facts which it was obligated to disclose. [see mithoolal nayak v. life insurance corporation of india air 1962 sc 814].sub-section (5) of section 96 of the old act lays down that the expressions 'material fact' and 'material particular' mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori97; 33(1967)CLT350; 1967CriLJ905
..... existence of the unauthorised construction during that period as if he is committing a new offence every moment. it will thus result in the multiplication of the criminal acts resulting in multiplicity of conviction and sentence. but for each conviction and sentence there must be a separate trial, though in one trial the commission of the continuing ..... proviso to section 347 lays down that-'failure to take out a licence or obtain permission under this act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence or permission is required ..... unqualified, it is not necessary for the purposes of this case to decide as to whether the word 'building' as used in section 385-a of the municipal act includes the land also whereon it standr this therefore disposes of the 2nd point. 8. the reference on the third point however is fully fortified and correct. the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori418
..... learned appellate court should have applied the aforesaid principle to the admitted facts of the case and should have determined whether opposite party no. 1 committed acts of damage which materially impaired the value or utility of the house 28. the third contention is that the landlord obtained a decree for compensation for ..... is, however, no doubt that the jurisdiction to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. this limitation necessarily means that findings of fact reached by the inferior court or tribunal as a result of the appreciation of evidence ..... and by admitting inadmissible evidence, his ultimate conclusion has been vitiated. the appellate court failed to properly construe the various provisions for eviction under section 7 of the act and thus exercised his jurisdiction illegally. 7. mr. b. m. patnaik conceded that the judgment of the appellate court was highly unsatisfactory. he, however, .....
Tag this Judgment!Court : Orissa
Reported in : [1965]58ITR457(Orissa)
..... the effect of section 13 of the finance act, 1950, which was extended to madhya bharat (which was formerly under part b states) from april 1, 1950, will be of some help here. section 13 of the finance act, 1950, is almost identical in language with section 7(1) of the act 67 of 1949 and their lordships observations (at ..... his legislative powers. but this distinction does not very much help the assessee. in those two cases the indian income-tax act was applied to gwalior (which was a part b state) with effect from 1950, after the constitution came into force; and hence, their lordships had to construe articles 295(1)(b) and 372 of ..... subsequently, the central legislature passed the taxation laws (extension to merged states and amendment) act, 1949 (67 of 1949), which was published in the gazette on january 4, 1950. by virtue of that act the indian income-tax act, 1922, and the various finance acts and other taxation laws were extended to merged areas with retrospective effect from april 1 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori139
..... rendering personal services to the ruler, the same may be dealt with under section 7 (g) of the o. m. s, (laws) act, 1950. the services of choukidars can be dispensed with under the orissa offices of village police (abolition) act. as the services of narihas and burgis for rendering services to the village community are no longer required in the present setup ..... state of orissa as a party.(vii) the settlement of the suit land with the defendant in 1964 is not under section 7 (g) of the orissa merged states' (laws) act, 1950 (hereinafter to be referred to as the 1950 act).(viii) the suit land was settled with the defendant in 1964 under section 8 (2) of the orissa estates abolition ..... states). nariha jagirs in the ex-state of bamra were thus not service-tenures held either under the ruler or any member of his family. section 7 (g) of the 1950 act, has, therefore, no application to this case. the position is also clarified by exts. e, f/l and g.ext. g is the press note issued in 1964 by the .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT86
..... objections by notification dated 12.2.1993 (extraordinary gazette notification dated 20.2.1993) at annexure-3 as required under section 124 of the orissa municipal act, 1950. since no objection was received from any quarter within the time stipulated, the government transferred the management of the school and vested the same with the ..... published in the extraordinary orissa gazette, dated 20.2.1993 at annexure-3. the said notification was issued under section 124 of the orissa municipal act, 1950 inviting objection to the government intention to transfer the concerned school to the management of the bhubaneswar municipal council with clear stipulation that no financial assistance ..... a sum of rs. 3,50,000/- for its management. the state government while issuing the final notifications under section 124, of the orissa municipal act, 1950 clearly indicated that the municipal council should not ask for any extra fund from the government for its management for taking over the school. this shows .....
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