Court : Orissa
Reported in : AIR1951Ori11; 16(1950)CLT80
..... reference to the conditions,-prevailing at the time when this schedule 1 (i) was introduced with the o. t. act by way of an amendment by act viii [8] of 1938. by the same amending act, the occupancy holding of a raiyat which was hitherto non-transferable except by consent of landlord was made statutorily transferable and ..... registration irrespective of the value and making adequate provisions for service of notice on the landlord through the registration officer. the whole object of the amending act was therefore to give complete freedom to the occupancy raiyats to transfer their holdings or portions of the same subject only to compulsory registration so as ..... changing the nature of the suit.4. the first point involves an interpretation of the provisions of the government of india act, 1986, under which the orissa legislature passed the orissa tenancy (amendment) act of 1938 (orissa act (vii [8] of 1938), and inserted schedule 1 (1) which runs as follows:'every transfer of an occupancy .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... the election cf the returned candidate has been materially affected as provided in clause (d) of sub-section (1) of section 100, section 100 of the act, as amended by act 27 of 1956 under which the improper rejection of a nomination was placed on a different footing from the improper acceptance of a nomination (sic). section 100 before ..... the election has been materially affected by the improper acceptance or rejection of any nomination,the tribunal shall declare the election to be wholly void'. section 100 as amended by act 27 of 1956 with regard to this aspect is as follows:'100. grounds for declaring election to be void- (1) subject to the provisions of sub-section ..... and develop local self-government in the village communities of the province of orissa and to make better provision for their administration. under section 6 of the act, as amended, every grama sasan shall be a body corporate by the name of the grama for which it is constituted and shall have perpetual succession and a common .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori189
..... are to be offered 'privately' to the share-holders and 'other persons' and for other incidental matters subject to the provisions of the companies act.'mr. jain, however, proposed amendment to the said resolution which was to the following effect :'resolved that an extraordinary general meeting of the company be convened on saturday the 29th march ..... ., air 1959 cal 672 and by mr. justice rao in the interim injunction matter.23. mr. justice burmart further held that the amendment of section 81 by the companies act, 1960 (act 55 of 1960) which came into force on december 28, 1960 supports the view that the new shares must be allotted only to the ..... shares are to be offered privately to the shareholders, and other persons and for other incidental matters, subject to the provisions of the companies act.' the petitioner proposed the following amended resolution : 'resolved that the extraordinary general meeting of the company be convened on satuarday the 29th day of march 1958 for the purpose of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori86; 16(1950)CLT209
..... :'prior to that time there had been no such guarantee. there had been a due process clause, in the 5th amendment, limiting the powers of the federal government, and a due process clause in the 14th amendment limiting the powers of the state governments, but up to the eighties the due process clause had guaranteed only due process ..... as a matter of substance in the rule obtaining in the united states of america accruing from due process clauses of the 5th and the 14th amendments. the 5th amendment so far as is material contains, 'no person .... be deprived of life, liberty or property without due process of law;.....'. the 14th ..... bearing on the reasonableness of the restrictions. the difference of views consisted in that, according to the majority view, the absence of the aforesaid provisions in the impugned act would make the restrictions unreasonable or not reasonable, while, according to the minority, denial of such a procedural right would not make the restrictions, the less reasonable. .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT297; 1996(I)OLR195
..... proceeded on the assumption that the ipr by itself is enough to provide the exemption from the sales-tax. but where the provisions of the sales fax act are also amended providing for exemption- then the court has to see whether they are the same as the ipr or are they different and if different, what is the ..... in producing cotton from 'waste cotton'. originally, the expression 'manufacture' had not been defined in the orissa sales tax act. but by amendment, the word has been defined in the orissa sales tax act under section 2 (ddddd) by act 21 of 1992 which came into effect on 1-8-1991 in the following manner:' 'manufacture', with all its grammatical ..... effect of such difference. it is, therefore, necessary to ascertain the relevant provisions in the sales tax act, rules and notifications, if any, issued thereunder before expressing a final .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR14
..... of the chairperson of the municipality by rotation -(1) for the purpose of election to the municipalities for the first time after the orissa municipal (amendment) act, 1994 ((orissa act 11 of 1994) comes into force, the number of offices of chairpersons of the municipalities in the state to be reserved for the scheduled castes ..... of backward class citizens. accordingly, the state legislature of orissa while enacting the act, in section 11 provided for reservation of seats for backward class citizens. by orissa municipal (second amendment) act, 1996, clause (a) of subsection (3) of section 47 was amended, and, for the words 'in the state bears to the total population ..... the governor. according to opposite parties section 47(a) of the orissa municipality act had earlier provided for reservation by taking the percentage in relation to the total population of the state. but this was amended and according to amended provision, population of the concerned urban local body was to be taken into .....
Tag this Judgment!Court : Orissa
Reported in : 1986(I)OLR201
..... prohibited is continuance of any arbitration proceeding where a consumer had questioned the power of the board to levy uniform tariff in accordance with the principal act, as amended by the amendment act or the power of the board to revise the special tariff fixed in such agreement in disregard of the terms of such agreement. no part ..... or concession, referred to in sub-section (1) of section 49-a or in any judgment or order of any court. section 3(c) of the amendment act is relevant for appreciating the correctness of the conclusion of the learned subordinate judge and the said provision is extracted hereunder :'all suits, applications or proceedings pending on ..... provision, the arbitration proceeding shall be deemed to have been withdrawn from the arbitrator and the proceeding would be ceased to have effect. orissa act 19 of 1981.the electricity (supply) (orissa amendment) act, 1981, came into force on may 15, 1981, the date on which the same was published in the orissa gazette and the .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... under the code, has come to the conclusion that even though by virtue of the transitional provision, the offence committed under the act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court ..... gave rise to unjust results which legislature never intended, the grammatical meaning alone was kept to prevail. they said that it would be for the legislature to amend the act and not for the court to intervene by its innovation.during the last several years the 'golden rule' has been given a go-by.'pointing out the ..... of punishments. but on technical grounds, drug offenders were being released on bail. in the light of certain difficulties faced in the enforcement of the act, the need to amend law to further strengthen it was felt necessary. restrictions were put by the legislature on grant of bail relating to offences which carry punishment of five .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT496; 2006(II)OLR797
..... the language used in section 11 of the code of civil procedure, that the principles of res judicata would apply to a proceeding under the consolidation act and section 11 of the cpc prohibits the consolidation authorities from determining any issue which has been directly and substantially decided in an earlier suit between the ..... 14.12.1997 as' invalid and illegal, would operate as resjudicata in a subsequent proceeding under the orissa consolidation of holdings and prevention of fragmentation of lands act, 1972 or not ?13. from the findings recorded by the revisional authority as noted hereinabove, it is to be ascertained as to whether the revisional authority ..... ).9. before proceeding any further it would be worthwhile to take note of various findings reached by various statutory authorities during the proceedings under the consolidation act, 1974.(a) the consolidation officer vide his order dated 29.4.1992 after taking note of the facts as noted hereinabove came to hold as follows .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori12; 42(1976)CLT940
..... of the litigation. as the learned judge was of the view that the suit was hit by section 39 of the orissa estates abolition act, he did not find any useful purpose for allowing the amendment.11. an amendment of the pleadings can be granted at any stage -of the litigation. in the case of baishnaba v. nityananda, air 1969 ori 34, an ..... in possession ever since 1943, which the defendant is very likely to exploit in ,his additional written statement in case of any amendment, the second hurdle is that the suit lands have been settled fay the o. e, a. act collector with the defendant in case no. c. p. 2797 of 1961. admittedly the service inam lands have vested with the state .....
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