Court : Orissa
Reported in : AIR1949Ori46
..... carries with it the right of first appeal, second appeal, revision and review. let us assume a munsif has a jurisdiction to try a suit under section 64, orissa hindu religious endowments act, of the highest valuation possible. when his decree is to be appealed from which is the forum? there is no provision however that under any ..... grade cinder the bengal, agra and assam civil courts act, 1887, within whose local limits the commissioner exercises jurisdiction or a muth or temple is situated.3. the learned subordinate judge in passing ..... revision) under the law regulating such proceedings in respect of the decisions of the said court. this 'law' referred to above must be the 'law of civil procedure code and the bengal, agra and assam civil courts act'. the court is defined in section 6 (3) of the act. this clause reads:'court' means the civil court of the lowest .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... cannot be a 'tenant' within the meaning of the o. t. act. the reason is obvious. prior to 1913 most of the provisions of the bengal tenancy act were in force in orissa & the provisions of the t. p. act were also in force. chapter v, t. p. act while dealing with the law relating to landlord ..... under-tenants of those under-tenants were all styled undertenants, with all the rights attaching to that status, by the extension of the application of chap vii, bengal tenancy act to orissa. not only raiyats but the proprietors & the sub-proprietors used to hold their houses free of rent & revenue & their houses & homesteads were known as ' ..... and bajiaftidars in the urban area, & referred to h. c. rulings on the point. these rulings, however were under the bengal tenancy act, whereas chandnadars & bajiaftidars are peculiar to orissa & are specifically recognised by the orissa tenancy act. moreover, the area in question is temporarily settled. section 119, tenancy act, requires that the rents of all .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... which indicate that the legislature deliberately interfered with decrees obtained prior to its commencement, the court is bound to give such retrospective effect. the jurisdiction of the orissa legislature to legislate even in respect of decrees cannot be seriously questioned. the subject 'civil procedure is an item in the concurrent legislative list (item 4 of ..... das v. parmeshwari charan, a i. r. (14) 1927 pat. 203 : (6 pat. 296), a suit for possession which was instituted after the amendment of bengal act vi [6] of 1908 in its application to chhota-nagpur had come into play, but where the cause of action arose before that amendment had come into operation ..... is, as. conditional legislation by the provincial government. section i (3) and the proviso read together cannot be properly interpreted to mean that the government of bihar in the performance of its legislative functions had prescribed the life of the act beyond one year. for its continued existence beyond the period of one year it .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori318
..... source of much of the present law on the subject, spoke of the article complained of as 'calculated to lower the autherity of the judge'.in 'governor op bengal v. motilal', air 1914 cal., 69 (s. b.) at p. 109 it has been laid down by his lordship sir lawrence h. jenkins, chief justice, ..... and, in particular the following passage therein, namely, 'in a number of cases ..... ..... matter of its own affairs'. curiously enough ..... except in the state of orissa'. 'in these crcumstances ..... utkal university, etc. etc'.thus the entire editorials are for consideration of the court but particular portions may have been specified for convenience. since ..... solved after due examination by all concerned'.(3) editorial dated 28th august, 1951- 'the problems op the university'. 'the judgment of the high court of orissa rescinding trie decisions of the syndicate of the utkal university regarding examination of students is likely to create a tremendous problem for the university and for the matter .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... orissa division of the province of bihar & orissa were assigned to the revenue commissioner, orissa, created by the constitution of orissa order. when the board of revenue act was passed in 1951 those functions of the revenue board which had heretofore been exercised by ..... such area in column 3 of the said schedule. column 3 of schedule b shows that the functions which were, on 31-3-1936, exercisable by the board of revenue, bihar & orissa, by virtue of any provision contained in or made under any enactment which was in force on 31-3-1936 in the ..... . it is necessary to consider the statutory rules. under section 70 of the bengal act the court has the power to make rules for ihe better fulfilment of the purpose of the act, and such rules are printed in the bihar and orissa wards manual, 1927, published by the orissa government. these are now in force and sre deemed to have been made under .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... not cultivators of the soil (see articles vi and vii of that regulation). the other regulations by which revenue settlements were made in north and south orissa are modelled on bengal regulation no. 1 of 1793 and the same reasoning would apply with equal force. thus though, some lands may remain in the actual possession of ..... landholder (corresponding to the landlords in this state) of his right to manage his lands. the saurashtra high court held relying on --'brajnandan sharma v. state of bihar', air 1950 pat 322 (fb) (m) that no compelling reasons were given to justify such a drastic piece of legislation. this case may be a good authority ..... second officer of russelkonda while rejecting the contention of the petitioner observed :'this subject-matter can better be moved and decided by the hon'ble high court of orissa. so. the petition is rejected and this court will proceed with the present proceedings.'thereupon the present application under article226 of the constitution was filed before us .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori225
..... of rule 81, defence of india rules by an amending notification no. 5-dc (28)/ 43, dated 18-5-1943 by which the provincial governments of assam, bengal, bihar and orissa were, in effect, prohibited from restricting movement, transport, distribution, disposal etc. of foodgrains within those four provinces with effect from 18-5-1943.by another notification no. ..... to the following effect:'provided further that any licence issued, or deemed to tie issued, under this clause in any of the four provinces of assam, bengal, bihar and orissa and for the time being in force in the province of issue shall be as valid in each of the other three provinces as if it had ..... that province.'it is a notorious fact that this privilege of unrestricted inter-provincial movement of foodgrains amongst the said four provinces though welcomed by bengal was keenly resented by orissa and bihar and after some agitation the government of india withdraw that privilege by notification no. c. g. 604/2 dated 16-8-1943. the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori87; [1958]9STC31(Orissa)
..... deduction of rs. 1,04,212-7-0 representing the value of certain quantity of jute despatched to some jute mills in madhya pradesh and west bengal, outside the state of orissa under instructions from messrs paluram dhandhania of raigarh in madhya pardesh.the sales-tax officer rejected the petitioners' claim on the ground that the impugned sales ..... were completed at bargrah in the district of sambalpur inside the state of orissa before they were dispatched to the mills outside. against this order of the sales-tax officer, the dealers preferred an appeal to the assistant collector of sales-tax ..... to the majority view of the supreme court, in the second travancore-cohin case, the provisions of article 286(2) are not attracted.10. subsequently, in the bengal immunity co., ltd. v. state of bihar (1955) 6 s. t. c. 446: ( (s) air 1955 s. c. 661) (f), the majority took the view that the explanation to clause .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
..... of the supreme court or other high courts were rendered ineffective by validating ordinances or acts passed by the appropriate legislative authority. thus, in bengal immunity co. ltd. v. state of bihar. (s) air 1955 sc 661 their lordships of the supreme court directed, by a majority, that'until parliament by law provides otherwise ..... from entertaining any objection to the validity of the electoral rolls of such municipalities on the ground that the qualifying date under section 13 of the orissa municipal act was fixed after the publication of the preliminary electoral rolls. hence, if in any pending application or a future application under article 226 ..... to the elections to cuttack municipality yet the reasons given for that decision have created doubts regarding the validity of elections to certain other. municipalities in orissa. the governor was further satisfied that the 'preparation of fresh electoral rolls and the holding of fresh elections will entail huge expenditure and also give .....
Tag this Judgment!Court : Orissa
Reported in : 1967CriLJ1423
..... consent of the state government concerned, hereby entrusts to the government of each of the states of andhra pradesh, assam, bihar, jammu and kashmir, kerala, gujarat, maharastra, madhya pradesh, madras mysote, orissa. punjab, rajasthan, uttar pradesh, west bengal and nagaland, the functions of the central government under clause (g) of sub-section (2) of section 3, and ..... order. 1962 as it was before the amendment of 1965. under the delegation made by the central government by the notification of december 31,1964 the orissa state government cannot be said to have acquired the new power of the central government which it acquired by virtue of the subsequent amendment in 1965 by which ..... ? in other words, the point is whether or not the pre-amendment delegation by the central govern-merit in favour of the state entrusted to the orissa state government the authority only to the extent which the central government itself bad at the point of time when the delegation was made. it is fundamental .....
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