Court : Orissa
Reported in : AIR1980Ori3
..... is specific legislation; on the broad lines of the electricity (supply) act, 1926, in force in the united kingdom, which will enable provincial governments to set up suitable organisations to work out 'grid schemes' within the territorial limits of the ..... if that discrimination has now been removed, yet, the notification would be bad on account of discrimination having existed at one point of time.there is force in the submission of the board that power-intensive and heavy industries are two separate classes by themselves, distinct and different from the other classes of consumers ..... in newly licensed areas but also to control the operations of existing licensees so as to secure fully coordinated development.government feel that it is not possible to legislate for this purpose within the framework of the indian electricity act, 1910, which was conceived for a very different purpose. in their view what is needed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... 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 proprietors and tenure-holders and may be cultivated by them through, hired labourers or bhag- ..... of the province. they can be evicted at the sweet will of the land-holders, who often realise more than half the gross produce as rent besides exacting forced labour, government, therefore, consider it necessary to give protection to these bhag-chasis against eviction and in respect of the produce rent payable by them. as ..... responsible for their low standard of living and also for diminution in agricultural production. hence by giving them security of tenure and by reducing the rent payable by them, even though for a temporary period, the impugned act would only benefit the bhag-chasis but also have the indirect effect of increasing agricultural production and thus .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
..... be binding on us. all these appeals involve the same constitutional question and they were heard analogously and will 'be disposed of in one judgment 3. the act came into force on the 11th january 1949--more than a year prior to the commencement of the constitution. the constitutional validity of its provisions should, therefore, be judged ..... their lordships of the supreme court pointed out that essentially there was no distinction between the two. i may quote the following observations: 'one of the rights secured to a person in part iii of the constitution is the right that his property shall be acquired only for a public purpose and under a law authorising such ..... the law or regulated by the principles specified in that law. that is also the very right which was previously secured to the person under section 299 of the act ..... what, 'under the government of india act was a provision relating to the competence of the legislature was also clearly in the nature of a fundamental right of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori265
..... : it had no direct relation to the object of preventing exploitation of pluckers and growers of kendu leaves, nor had it any just or reasonable relation to the securing of the full benefit from the trade, to the state. validity of the law by which the state assumed the monopoly to trade in a given commodity has ..... discussion and negotiation for revision of quantum of royalty payable under their respective contracts. however, on 9-12-1982, the state government issued a notification that 'the act shall come into force at once in the whole of the state of orissa in relation to sal seeds'. on 28-12-1982, petitioner 1 tendered advance royalty for sal seeds, but ..... as the state government may, from time to time, by notification, specify in this behalf. by notification dated 9-12-i982, the state government notified that the act would come into force with effect from the said date in whole of the state of orissa in relation to sal seeds. section 2 (c) defines 'forest produce' as produces mentioned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... hindu religious endowments' (hereinafter referred to as the commissioner) was constituted for the purpose of exercising general superintendence over all religious endowments and to secure the proper working of the act. but his actions were subject to the general control of the provincial government and he himself was required to be a member of either the judicial ..... to say if their lordships would have held 'expenses levy' alone to be a tax if that act had not authorised the imposition of any other levy. in such a case, it might have been contended with some force that the expenses levy being solely intended to cover the expenses of the committee which was constituted for ..... even so the word 'fee' is related to the rendering of services, and that under the impugned act, there are no services rendered to the various persons from whom the levies are made. this argument has however no force. as pointed out by my learned brother the concept of services by government has undergone vast changes in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... transfer, unless and until notice of the transfer is given to the landlord in the prescribed manner.'prior to 1913 most of the provisions of the bengal tenancy act were in force in orissa and at the time occupancy holdings were broadly divided into two classes: (1) those holdings which were transferable without the consent of the landlord in ..... a suit properly constituted in other respects against the recorded tenants into a mere money decree. in view of the importance of this question and its repercussion on the security of the holding for arrears of rent in north orisaa it was considered necessary to decide this question in a special bench. there is a division bench decision of ..... to in schedule 1 unless he applies to the collector for a fair and equitable distribution of rent within six months. the effect of this section is that the security of the holding for the rent due to the landlord is kept unimpaired. it says no more than that and cannot be regarded as by any means whittling down .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori56; 23(1957)CLT67
..... bux v. united provinces, air 1946 pc 127 (j) which has been followed in subsequent supreme court decisions, he could not contend that merely because the act provided for reduction of produce rent and gave security of tenure to bhagchassis it would be unconstitutional but he urged that the reduction of produce rent brought about by section 3 of the ..... sub-section (1) of section 4 the landlord's right of selection could be exercised till the 15th june 1955 by which date the orissa tenants protection act had ceased to he in force. hence, if say on the 1st june 1955 a landlord wanted to exercise his right under sub-section (1) of section 4 to select seven ..... non-agricultural or industrial development. (iii) lands recorded or demarcated as belonging to government or any local authority used or held for the purposes of the army, navy or air force, or for any public work. (iv) lands held under a temporary lease granted by government. (v) lands held on a temporary lease under a grama sabha under the .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT417
..... under those regulations irrespective of the fact that the new regulation in correction slip no. 1169 had come into force since 3.6.2003 ?(b) whether the hon'ble chancellor was vested with the power under the universities act to issue direction to the university to accept or register any application after 11.10.2002?6. the regulation ..... the regulation prescribes eligibility of candidates and they are set forth clause 1.1 to 1.3 which reads thus :1.0 eligibility of candidate1.1 any candidate having secured at least 55% of marks in the post-graduate examination of a relevant subject(s) shall be eligible for applying for registration as a ph.d. scholar.1 ..... the matter, the question that is necessary to be determined is as to whether the petitioners having applied for ph.d. registration in accordance with the regulations in force in correction slip 1167, had a vested right to be considered in accordance with the existing regulations or are to be considered in accordance with the new regulations .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
..... be stated here that none of such second preference votes was cost in favour of the petitioner. it has also been stated that in any event, the petitioner having secured less than the required value of votes i.e., 3551, could not have been elected before transfer of surplus votes as per the second preference.10. on the ..... of counting and transfer of votes and has drawn the attention of the court to article 80(4) of the constitution. it has been submitted that the petitioner having secured votes valued at 3500, which is less than the required value of votes of 3551, has been rightly declared as not elected. the procedure followed by the returning ..... defined by parliament by law, and until so defined, shall be those of the house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR360
..... who did not take any action on the objection.4. petitioner filed objection mainly to the election petition on the ground that the application was barred by limitation and security deposit was not deposited within fifteen days from the date of publication of results. certain other defects were pointed out. it was pleaded that she was no more a ..... filed in accordance with law, cannot arrest the process of election to the legislature. the election has to be held on the basis of electoral roll which is in force on the last date of making nominations. in the said judgment the apex court observed that the directions issued by the election commission, though binding upon the chief ..... for payment or confirmed in case of an appeal in respect of any money or property of a municipality, under the provisions of the orissa local fund audit act, orissa act 5 of 1948 or a person against whom a decree has been passed under section 375; or(viii) is interested in a subsisting contract, either directly or .....
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