Court : Orissa
Reported in : AIR1953Ori171
..... commencement of the impugned act have been made practically non-executable and to that limited extent retrospective operation has been given to the impugned act. in support of this argument reliance was placed on a division bench decision of the calcutta high court reported in -- 'subodh g6pal v, behari lal', air 1951 cal 85 (k ..... high court distinguished the earlier decision and held that the provisions of the west bengal rent control (amendment) act of 1950 which were in terms retrospective in operation and applicable to pending cases were not unreasonable. therefore there is no general rule of law that the provisions of any act which have limited retrospective effect ..... and full enjoyment of leisure and social and cultural opportunities and in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.' the bhag-chasis are undoubtedly agricultural works and on account of the high rate of produce rent which they were required to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... the necessity for obtaining the permission under section 13. it appears to me, therefore, that the limited construction urged for by the appellant's counsel restricting the operation of schedule 3 to oases, where an exemption has not already been obtained is not permissible. whether a suit for eviction can be maintained merely by obtaining ..... ltd. v. satyaniranjan shaw, a. i. r. (15) 1928 p. c. 227 (56 cal 80). in that case their lordships construing schedule 5 (l), calcutta bent act, which provides for the controller granting a certificate as 'regards the standard rent on the application made to him by any landlord or tenant, held that this provision ..... , more consistent with ordinary practice, and less likely to produce impracticable results. sulaiman j. observed at p. 37 as follows :'undoubtedly an act in its operation may be retrospective and yet the extent ot its retrospective character need not extend so far as to affect pending suits. courts have undoubtedly leaned very strongly against .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR463
..... the contrary. natural justice is an inseparable ingredient of fairness and reasonableness. observance of the principles is the pragmatic requirement of fair-play in action. the rules of natural justice operate as implied mandatory processual requirement, non-observance whereof invalidates the action. in the celebrated case of cooper v. wandswoth board of works : 1963 (143) er 414, the principle was illuminatingly ..... by gift, purchase or otherwise for local public purposes.(2) the state government may from time to time by general or special order made in that behalf exclude from the operation of this act or any specified section of this act any of the properties of the nature specified in sub-section (1).(3) properties within the grama belonging to, maintained .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori262; 68(1989)CLT606
..... or acquired by gift, purchase or otherwise for local public purposes.(2) the state government may from timeto time by general or special order made inthat behalf exclude from the operation ofthis act or any specified section of this actany of the properties of the nature specifiedin sub-section (1). (3) properties within the grama belonging to, maintained, managed or controlled .....
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