Court : Orissa
..... the domain of this court to pass appropriate orders as prayed for by the review petitioner to avoid injustice.7. mr. das further submitted that after 74th amendment to the constitution, under article 243, urban planning including town planning, regulation of land use and construction of building, planning for economic and social development, roads ..... vests exclusively with the municipality. by the time the judgment was delivered the cda ceased to have statutory power under section 3 of the orissa development authorities act. therefore, the petitioner invokes the plenary jurisdiction of this court as it strikes the very root of the power.8. in the review petition bearing rvwpet ..... relief. (c) twenty-two years of delay in filing the writ petition to enforce the remedy has no.been considered by this court inasmuch as limitation act does no.create right, but bars the remedy after lapse of the statutory period.9. cuttack development authority seeks review of the impugned judgment on the following .....
Tag this Judgment!Court : Orissa
..... the domain of this court to pass appropriate orders as prayed for by the review petitioner to avoid injustice.7. mr. das further submitted that after 74th amendment to the constitution, under article 243, urban planning including town planning, regulation of land use and construction of building, planning for economic and social development, roads ..... vests exclusively with the municipality. by the time the judgment was delivered the cda ceased to have statutory power under section 3 of the orissa development authorities act. therefore, the petitioner invokes the plenary jurisdiction of this court as it strikes the very root of the power.8. in the review petition bearing rvwpet ..... relief. (c) twenty-two years of delay in filing the writ petition to enforce the remedy has no.been considered by this court inasmuch as limitation act does no.create right, but bars the remedy after lapse of the statutory period.9. cuttack development authority seeks review of the impugned judgment on the following .....
Tag this Judgment!Court : Orissa
..... the tenancy is defective for want of 15 clear days notice ending in a month inasmuch as section 106 of the t.p. act has been amended in the meanwhile and in view of the amended provision, the above question no more survives determination in the second appeal.8. with regard to the first substantial question of law whether the ..... at the behest of the sole respondent-plaintiff. further, the substantial question of law whether the respondent was competent to issue notice under section 106 of the t.p. act without consent of the co-owners/co-sharers?. ., no more remains to be decided as it being already held above that the suit was maintainable by the sole plaintiff ..... . whether non-impletion of other co-tenants of the appellant renders the decree in-executable and ineffective?.3. whether the notice under section 106 of the t.p. act terminating the tenancy is defective for want of 15 clear days notice ending in a month?.4. whether the plaintiff alone was competent to issue notice under section 106 .....
Tag this Judgment!Court : Orissa
..... madhumita das (supra) is of no help to the appellant.19. similarly, the decision of hon ble supreme court in ashok kumar sonkar vs. union of india (2007) 4 scc 5.is not similar to the facts of the present case. in that case the hon ble supreme court has not decided the validity of any ..... a statute has been rendered impossible by circumstances prescribed by a statute has been rendered impossible by circumstances over which the persons interested had no control, like an act of god, the circumstances will be taken as a valid excuse. 16. the law is understood to disclaim all intention of compelling to impossibilities and the administration ..... impossibility. (see hossein ally v. donzelle) every consideration of justice and expediency 11 would require that the accepted principle which underlies section 10 of the general clauses act should be applied in cases where it does not otherwise in terms apply. the principles underlying are lex not cogit ad impossibilia (the law does not compel a .....
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