Court : Orissa
Reported in : I(1990)ACC601; 1991ACJ185
..... 3 of the code of civil procedure deals with the procedure for compromise of a suit. according to it, one of the essential requirements which was introduced by civil procedure code (amendment) act, 1976 with effect from 1.2.1977 was that the agreement or compromise must be in writing and signed by the parties. before recording the compromise, the court must ..... correct.9. but since mr. mohanty seems to have taken part in the pre-lok adalat reconciliation, signed the petition of compromise and also filed the petition for amendment, it is now for consideration if he had been duly authorised by the appellant through his father guardian not only to enter into the compromise but also to admit ..... to the compromise. if at all any reconciliation or compromise took place, it was not even with their tacit consent. they were not even aware of the petition for amendment of the claim petition so as to reduce the claim from rs. 40,000/- to rs. 15,000/- and of the pre-lok adalat reconciliation, as well as .....
Tag this Judgment!Court : Orissa
Reported in : 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
..... or impliedly excluded can be entertained by the civil court. but in the present case, the legislature inserted section 11b in the act by section 21 of the customs, central excises and salt and central boards of revenue (amendment) act, 1978 (act 25 of 1978). section 11b, so far as relevant, reads as follows :-'11b. claim for refund of duty :-(1) any person claiming ..... xx xx(c) xx xx xx(d) xx xx xx(e) xx xx xx(f) in any other case, the date of payment of duty.'section 1(2) of the amending act provided that the amendment shall come into force on a date to be appointed by the central government later on.before the aforesaid provision came into force, another ..... amendment was made by section 49 of act 44 of 1980 and the expression 'relevant date' in clause (a) was substituted in place of 'date of payment' with an explanation.section 11b was enforced w.e.f. 17- .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT123; 1999(I)OLR497
..... of a society or the disciplinary action taken by the society, or with whatever authority under this act, rules or any regulations framed under this act pending as on the date of commencement of the orissa co-operative societies (amendment) act, 1991, shall stand transferred to the tribunal which shall dispose of the same in accordance with law ..... process and as such section 67(b) will not stand as a bar. for better appreciation we may look at the amended provisions of section 67(b) of the orissa co-operative societies act, 1962. in order to avoid any confusion and for better appreciation as also by way of ready reference section 67(b) ..... 226 of the constitution to give a declaration that the electoral rolls have been prepared in substantial violation of the mandatory provisions of the representation of people act, 1950 and to give appropriate consequential direction. much emphasis is laid on the preparation of electoral roll as being understood, interpreted and appreciated in the aforesaid .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori163
..... principle of natural justice. per contra, learned counsel for the state submits that there is no provision in the m.v. act, or rules framed thereunder to give personal hearing to the objectors before amending any rule. objections/suggestions were invited in respect of the draft rules from the general public. the possibility that thousand of objections ..... him, it cannot be said that the state government is not competent to issue the impugned notification, amending rule 48 of the orissa motor vehicles rules.5. as per sub-section (1) of section 96 of the m.v. act, 1988 any state government may make rules for the purpose of carrying into effect the provision of ..... . as required under section 212 of the said act preliminary notification no. 10595, dated 22-8-1998 was published in the official gazette on 25-8-1998, inviting objections and suggestions, if any, to the proposed amendment. the objections/suggestions were to be made within 15 days from the date of publication. during this period state .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR361
..... contractor. he had participated in an auction, which was held for the financial year 1967-68. the auction was in terms of punjab liquor licence rules, 1956 as amended by the excise and tax commissioner, haryana. relevant parts of rule 36 are quoted below :' 36(1) subject to such changes as the financial commissioner may make ..... xx xx. in bimal chandra banerjee's case (supra) a levy of excise duty on updrawn liquor was imposed in terms by the state government by a notification amending the rules and by an alteration in the conditions of the licence. it was provided that certain minimum quantity of liquor would have to be withdrawn by each ..... relating to the excise revenue.9. in exercise of the powers conferred under section 89 of the act, the state government have framed the orissa excise (exclusive privilege) rules, 1970, hereinafter referred to as 'the rule'. these rules were amended by the state government by notification dated 2-3-1989 published in the orissa gazette (extraordinary) dated .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT746
..... said rules, for rule 4, the following rule shall be substituted, namely:4. strength of the cadre:from the date on which the orissa service of engineers' (amendment) rules, 1989 come into force the existing orissa engineering service shall cease to exist and the new service shall include all posts in the existing service and the posts ..... contingency of a particular provision not being complied with or followed and (ii) serious general inconvenience 'and prejudice that would result to the general public if the act of the government or an instrumentality is declared invalid for non-compliance with the particular .provision. the observations made at page 305 to 307 of the 7th edition ..... their views contrary to the recommendation made by the d.p.c. when the matter was considered by the state government, it was found that the commission acted contrary to what has been done by the countersigning officer and accepting officer in the c.c.rs of the officers for the relevant years. the ultimate decision .....
Tag this Judgment!Court : Orissa
Reported in : 1992(I)OLR130
..... orissa aided educational institutions (appointment of teachers validation) act. 1939 (orissa act 9 of 1989) (for short, 'the validation act') read with the orissa aided educational institutions (appointment of teachers validation) amendment act. 1989 (orissa act, 18 of 1989) (for short 'the amendment act').2. the petitioner, a graduate with certificate of ..... is to be taken to have been validated under provisions of the validation act read with the amendment act. section 3 of the validation act provides, inter alia. that notwithstanding anything contained in the education act or in the rules or regulations framed thereunder graduate teachers, intermediate and ..... have been validated under the provisions of the orissa aided educational institutions (appointment of teachers validation) act, 1989 and the orissa aided educational institutions (appointment of teachers validation) amendment act, 1989 and the opposite parties are directed to regularise his service and give him consequential benefits .....
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR77
..... appellant-nalco was to be excluded from the review of the tariff set out by the commission, since the arrangement made in the year 1991 and subsequently amended at the high level meeting held in june, 1994, continued to subsist, as would be evident from the notification issued by the gridco, in various ..... commission also framed 'orissa electricity regulatory commission distribution (conditions of supply) code, 1998 in exercise of power conferred by section 54 of the orissa electricity reforms act, 1995 to govern distribution and supply of electricity and procedures thereof, like the system of billing, modality of payment of bills, the powers, functions and ..... consideration that the supply and distribution cannot be maintained unless charges for the electricity supplied are reasonably levied and collected. section 26 of the reform act prescribes that on an application submitted by a licensee, the regulatory commission shall fix tariff on different classes of consumers as defined in clause 80 .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori47
..... it is an admitted fact that the last date for filing of nomination was 31 -3-2004. as per section 23(3) of the representation of the people act 1951, no amendment, transposition or deletion shall be made under section 21 and no direction for inclusion of names in the electoral roll of a constituency shall be given after the ..... registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as may be given by the election commission in this behalf, amend, transpose or delete the entry :provided that before taking any action on any ground under clause (a) or clause (b), or any action under clause (c) on the ..... off illegally, they or any of them could have appealed under rules 23 of the registration of electors rules, but no such appeal was filed. there was no amendment, transposition or deletion of any entry in the electoral roll after the last date of filing the nomination. moreover, there is no specific pleading that the 14000 voters .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori3; 19(1953)CLT81
..... the decretal amount is more than twice the principal. it is unnecessary to speculate as to why the legislature while inserting sub-section (3) in section 10 of the act by the amending act of 1947 omitted a reference to sub-section (1) in sub-section (3). the language of sub-section (3) is clear and unambiguous and does not support the ..... on an executing court the powers specified in sub-section (2), in respect of decrees passed after the 1st april, 1936, and remaining unsatisfied on the date on which the amending act of 1947 was brought into force.5. on behalf of the appellants it was urged that sub-sections (1) and (2) apply prior to the passing of the decree ..... court on the 1st april, 1936, or thereafter on the basis of a loan remains unsatisfied in whole or in part on the date on which the orissa money-lenders (amendment) act, 1947, comes into force, the court which passed the decree or the court or ether authority to which the decree is sent for execution shall, on the application of .....
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