Court : Orissa
Reported in : AIR1954Ori225
..... when there was acute shortage of rice in bengal the government of india inserted a second proviso to sub-rule (2) 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 ..... to suspect that there was contravention of the provisions of the foodgrains control order and was justified in seizing the same. the question as to whether bimbadnar was acting as the agent of the plaintiff at the time of the seizure cannot obviously be determined in the present litigation in the absence of bimbadhar.10. 4th seizure: ..... decision, therefore, seems to be that where the servants of the government commit trespass on the property of an individual for the purposes of the government or while acting under the sanction of any municipal law or when the state derives any benefit from their action or subsequently ratifies the same the government may be liable. but .....
Tag this Judgment!Court : Orissa
Reported in : 52(1981)CLT197; 1982CriLJ961
..... the other allied offences, such as one under section 409 ipc for which power has been conferred upon him under sub-section (3) of section 7 of the criminal law amendment act, 1952. the gujarat high court has followed the aforesaid patna decision.in view of the aforesaid position of law, i am to hold that the special judge had no jurisdiction ..... is no trial at all when there is no valid sanction under section 6 of that act. in such a case the special judge has no jurisdiction under section 7(3) of the criminal law amendment act, 1952 to try the offence under section 409 of ipc also. the trial for that offence being without jurisdiction, is nullity and void. thus, the trial .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT477; 1996(I)OLR345
..... of the question that the institution is a public one and has no hereditary trustees.' 5. after the pronouncement of the judgment of the apex court, the act came to be amended by orissa act 29 of 1978. by the said amending act, section 8-b was inserted, which reads as follows :'section 8-b (1). notwithstanding anything contained in any other provision of this ..... prior determination of the fact if there is a hereditary trustee or not in a dispute case visualised by section 41 of the act, after the act had been amended by insertion of section 8-b by the orissa act 29 of 1978. considering the respective arguments of the counsel appearing for the parties, the court observed :'as we have to assign meaning to .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT882; 1992(I)OLR530
..... section 5(2): '...all these objections/suggestions/representations received have been duly considered separately. the advisory board appointed under section 7 of the minimum wages act has also been consulted in the matter in its meeting held on 30th june, 1990. the advisory board has recommended that the minimum wages for ..... the supreme court in khetriya's case (supra) observed. '...having regard to the diversity of conditions prevailing and the number of industries covered by the act the legislature could obviously not fix uniform minimum rates of wages for all scheduled industries, or for all localities in respect of individual, industries. working out ..... , who has espoused the proposal, piloted the proposal, expressed categorical commitment to the proposal, be considered as an independent member each member is expected to act fairly and independently in the matter of giving advice to the government, the proposal was in respect of 79 scheduled employments, with many of which government .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ4574
..... . the representation is considered in the light of the material forwarded by the state government along with the report under sub-section (5) of section 3 of the act. therefore, it cannot be said that the central government mechanically rejected the representations.9. neither sub-section (4) of section 3 nor the provisions contained in section ..... which are addresed to the central government, in our view, are considered by the central government in the light of the provisions contained in section 14 of the act and when a representation addressed to the central government is rejected by it, it is, in fact, a refusal on its part to revoke the order of detention ..... detained relates to law and order and not to public order; (vi) the statutory safeguard and the requirement of sections. 3(4) and 3(5) of the act were not fulfilled; and (vii) all the relevant material including his representation were not placed before the advisory board for consideration.4. english version of the order of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori1
..... presented the election petition, calling in question the election of the returned candidate.9. let us then consider the scheme of the representation of the people act, 1951 fas amended) which gives such right and lays down the nature of procedure for enforcement of that light. part vi covering sections 79-122 deals with 'disputes ..... than those mentioned in section 136(2)(a) shall be punishable with imprisonment for six months or with fine or both.section 138 -- amends the code of criminal procedure (act 5 of 1898) making suitable provisions in appropriate places regarding offences relating to elections under section 171f of the indian penal code (punishment for ..... election.10. it was in the context and background of the above scheme of the representation of the people act, 1951 (as amended) that their lordships of the supreme court observed that theseproceedings under the act are of quasi-criminal nature. an election enquiry is of quasi-criminal nature, inasmuch as its findings on corrupt .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori18
..... original cause of action, then alone the plaintiff's suit would fail and not otherwise.7. the order of the learned subordinatejudge is set aside and the amendment is allowed as the defendant has been unnecessarilyput to harassment for plaintiff's delay, the petitioner is to pay a consolidated costs of rs 50within three weeks ..... be otherwise enforced. the acceptance of the promissory note operates as accord and satisfaction of the debt or the liability. illustration (b) to section 91, evidence act. covers only the case of complete discharge or satisfaction of the loan promissiory note might be executed in res pect of a consideration which constitutes a pre ..... perumal chettiar v. kamakshi ammal. air 1938 mad 785 (fb) ).the clear legal position may be depicted by a short analysis. section 4 of the negotiable instruments act. 1881 defines promissory note as:a 'promissory note' is an instrument in writing (not being a bank note or currency-note) containing an unconditional undertaking, signed by .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori115
..... election to the orissa legislative assembly on the ground of corrupt practice under section 100(1)(b) of the representation of the people act, 1951 (for short, 'the act'). by filing the present petition for amendment he seeks to amplify the particulars of corrupt practice, material facts of which have been set out in paragraphs 18, 19 and ..... that in place of the words 'election agent', 'polling agent' be substituted. 11. the respondent has objected to the petitioner's prayer for amendment. referring to section 87 of the act it is urged that no doubt the high court in exercise of discretionary power may allow the particulars of any alleged corrupt practice to be ..... for filing the petition, cannot be allowed for the reason that on the date of filing of the petition for amendment, the petitioner could not have maintained the election petition. 13. section 83 of the act enjoins that an election petition shall contain a concise statement of 'material facts' and shall refer to 'particulars' of .....
Tag this Judgment!Court : Orissa
Reported in : 83(1997)CLT494; 1997(I)OLR310
..... to holding of panchayat as wail as municipal elections by the constitution, parts ix and ix-a of the constitution were introduced by the constitution (73rd amendment) act, 1992 and (74th amendment) act, 1992. by these two parts, it was intended to take democracy to the grassroot level. part ix deals with constitution of panchayats, composition of ..... the disqualification under clause (v) shall not apply to any person who has more than two children on the date of commencement of the orissa grama panchayat (amendment) act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period ..... r. mohapatra, learned counsel for , petitioner has referred to clause (v) of sub-section (1) of section 25 of the act which reads as follows, after, the amendment of the provisions by orissa act 6 of 1994:'25. disqualification for membership of grama panchayat _ (1) a person shall be disqualified for being elected or nominated as .....
Tag this Judgment!Court : Orissa
Reported in : 1993(I)OLR153
..... s decision under section 7(1) and was to be decided by the civil court, the orissa tenancy relief act which had repealed the orissa tenancy protection act and had come in its place was amended by orissa act 29 of 1962 to add section 11-a thereto excluding the jurisdiction of the civil court and vesting exclusive ..... jurisdiction in the collector to decide dispute even regarding existence of relationship of landlord and tenant. in the orissa prevention of land encroachment act, 1972 ..... the consolidation operations; and(2) no civil court shall entertain any suit of proceedings in respect of any matter which an officer or authority empowered under this act is competent to decide.sub-section (2) bars the jurisdiction of the 'civil court to entertain any suit or proceeding regarding any matter which an officer or .....
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