Court : Orissa
Reported in : 2005(II)OLR598
..... xxx xxx xxxxxx xxx xxx(v) has more than two children.in that context, the second proviso to sub-section (1) of section 45 reads as hereunder:provided further that the disqualification under clause (v) shall not apply to a person who has more than two children on the date of commencement of the orissa panchayat samiti (amendment) act, 1994 or, as the case may be, within a period of one year of such ..... 1991, the crucial question, which is independent of that fact situation, is relating to number of children petitioner has and whether he begot a child in contravention of clause (v) of section 45(1) of the act, 1959, which reads as hereunder:a person shall not be eligible to stand for election {under ..... that the marriage of the petitioner with santilata in 1991 and birth of the three children in 1994, 1996 and 1998 are cogent enough to prove the allegations against the petitioner ..... :(1) date of birth of the three children in 1994, 1996 and 1998;(2) the daughter baisali and the son described as biswabhusan born in 1996 and 1998 are the children of petitioner; and(3) disqualification as in section 45(1)( v) read with second proviso to sub-section (1) of section 45 of the act, 1959 is applicable against the petitioner ..... that the 3rd child of the petitioner was born on 25.05.1998 and, therefore, in view of provision of law in clause (v) of section 45 of the act 1959, petitioner was not eligible to contest and hold the post as a member of the panchayat samiti or the chairman of the block. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori315
..... it is also satisfactorily established that praharaj got all the sand and bricks necessary for the construction from the joint family properties besides getting free labour supplied by his father.with regard to schedule b properties i am satisfied that the bulk of the consideration money was paid by narasingha, father of praharaj and that it was a benami purchase made for ..... the entries of this period that praharaj was living with his brother, bata, and his own children, and that he was maintaining a horse and a coach, though he was living in a ..... the learned subordinate judge has exhaustively dealt with this part of the case and it will be an act of supererogation on my part to traverse the same ground as i am in entire agreement both with his ..... cites the text from 'jimutavahana' :'what a brother has acquired by his labour, without using the patrimony, he need not give up without his assent, for it was gained by his own exertion'.under the dayabagh law a father and his sons do not form a ..... the expenses in this matter and proceeded :) analysing these entries of 1906 upto the date of the foundation stone, it is clear that he was getting bricks from gopalpur and using the labour of the tenants who were carrying bricks for him. ..... as receiver of darpan estate was earned with the aid of joint family funds inasmuch as the family pledged its properties as. ..... evidence on this point and proceeded :) in the introduction to volume iii published in may, 1933 he again refers to the loan of rs. .....
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