Court : Orissa
Decided on : Nov-10-1982
Reported in : AIR1983Ori105
..... societies, has filed a counter affidavit supporting his order. reliance has been placed on the explanation added to sub-section (1-a) of section 28 of the amending act of 1981 where it has been said:--'the date of election of the president shall be deemed to be the date of assumption of office by the committee.'admittedly, ..... had been kept out of office under an order of the registrar staying the operation of the election. the explanation in section 28 (i-a) of the act introduced by amendment refers to normal course of events and; provides the manner of computation of the period with reference to entering into office. to apply the explanation to a ..... the nayagarh co-operative land development bank ltd. has expired in pursuance of section 28 (i-b) of the orissa co-operative societies act. 1962 as amended by section 2 of the orissa co-operative societies (amendment) ordinance, 1981 (orissa ordinance no. 4 of 1981;and, whereas on the expiration of the term of office of the management of .....
Tag this Judgment!Court : Orissa
Decided on : Aug-03-1982
Reported in : AIR1982Ori234; 54(1982)CLT245
..... .p.c. was barred by res judicata.5. explanation vii to section 11, c.p.c., as, inserted by c.p.c. amendment act, 1976, specifically enacts that the rule of res judicata applies to execution proceedings. even before this amendment the principle of res judicata was applicable to execution proceedings. in a proceeding for execution of a money decree by attachment and ..... 47, c.p.c. this view is fortified by a decision of this court in the case of bhagaban devata v. mahadev devata, air 1977 orissa 51. the executing court acted in illegal exercise of its jurisdiction by allowing the objections of the present nature in a proceeding under section 47, c.p.c.7. the result, therefore, is that the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-21-1982
Reported in : AIR1983Ori114; 54(1982)CLT584
..... the time being in force. provisos to sub-section (1) of section 7, as amended by orissa act 31 of 1979, read as follows:-- 'provided that a partition on the basis of specific parcels of land may, on an application made in that behalf, ..... sweep partition of homestead lands has to abate. 14. definition of the term 'consolidation' given in section 2 (f) was amended by orissa act 31 of 1979 by substituting the words 'parcels of land'. after amendment the definition stands as follows:-- 'section 2 (f). 'consolidation' means amalgamation and re-distribution of a parcel or parcels ..... partition of joint holdings. it provides that the assistant consolidation officer and the consolidation officer shall, in addition to the powers vested in them under the act, have powers to effect partition of joint holdings on an application of any party interested, notwithstanding anything to the contrary contained in any other law for .....
Tag this Judgment!Court : Orissa
Decided on : Sep-14-1982
Reported in : AIR1983Ori17; 54(1982)CLT429
..... (supra), a lucid statement of the law has been made by the division bench thus (at p. 132):--'.. .. .. the effect of that amendment (insertion of the explanation in section 141 by the civil procedure code (amendment) act, 1976) is that the procedure prescribed by the code does not apply of its own force to proceedings under article 226 of the constitution. it ..... its application causes prejudice to the other side. the object of the principle is avoidance of multiplicity of proceedings, waste of time and needless expenses to the parties.amendment of section 141 of the civil p. c. by insertion of the explanation was necessitated to prevent an indiscriminate recourse to the provision contained in the civil p. ..... and the second one is as to the merit of the writ petition.8. the opposite parties have contended that in view of the amendment of section 141 of the civil p. c. by central act 104 of 1976 by inserting the explanation, order 1, rule 1 of the civil p. c. has no application to a proceeding .....
Tag this Judgment!Court : Orissa
Decided on : Apr-13-1982
Reported in : 1983CriLJ528
..... to be put, or reduce the number of stage carriages, on any special route.this provision came into the statute with effect from 3rd mar. 1981, when the amending act 3 of 1981 was first published in the orissa gazette. sub-section (1) is relevant. it empowers the state government to issue orders or directions of a general ..... order of this court, the manner in which the minister's direction has been given cannot be explained.3-4. section 43-a of the motor vehicles act inserted by orissa amendment under act 3 of 1981 provides:(1) the state government may issue such orders and directions of a general character, as it may consider necessary, in respect of ..... certain news items making allegations regarding grant of permits, he had, in exercise of the powers conferred on government under section 43-a of the orissa amendment to the motor vehicles act (orissa act 3 of 1981), given the direction without being aware of this court's decision.it is conceded by mr. rath, learned counsel for the minister, .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-1982
Reported in : AIR1983Ori54
..... five, so, however, that the ceiling area shall not exceed eighteen standard acres. 37-b. on and from the commencement of the orissa land reforms (amendment) act, 1973, no person shall, either as land-holder or raiyat or as both, be entitled to hold any land in excess of the ceiling area. ..... mechanical, inapt and unjust. these are aspects within the legislative domain, and challenge before us cannot succeed. besides, the basic structure of the act (excepting the subsequent amendments) enjoys the umbrella of protection of article 31-b of the constitution having been included in the ninth schedule of the constitution.8. my ..... of the supreme court was drawn to various hypothetical situations giving rise to inequitable and anomalous positions. the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 contained almost similar artificial definitions and a provision for clubbing of lands held by members comprised in the 'family unit'. the constitution bench speaking through .....
Tag this Judgment!Court : Orissa
Decided on : Apr-19-1982
Reported in : AIR1982Ori204
..... provisions contained in order 6, rule 18, civil p. c. did not apply to proceedings under the payment of wages act. so the failure to carry out the amendment could not deprive jerry as leave to amend had been granted. in that context the supreme court observed (para 22) :--'the contention is untenable. while it is true ..... that rules 17 and 18 of order 6 of the code do not, hi terms, apply to amendment of an application under section 15(2), the authority is competent to devise, consistently with the provisions of the act and the rules made thereunder, its own procedure based on general principles of justice, equity and good conscience ..... '30). that case arose out of an application filed by jerry under the payment of wages act, he claimed certain amount as his wages. he further claimed certain amount as travelling allowance. during the pendency of the application, he sought amendment of the application by replacing 'travelling allowance' by 'running allowance'. the prayer was granted but .....
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