Court : Orissa
Decided on : Aug-10-1984
Reported in : AIR1984Ori230; 58(1984)CLT243; 1984(I)OLR819
..... sri rani satiji mandir v. shyam sundar jhunjhunwala are not the questions for consideration before us. mr. swamy has not placed before us any decision after the amendment act came into force to the effect that the rejection of a memorandum of appeal on the question of limitation would amount to a decree within the meaning of section ..... to a'decree' within the meaning of section 2(2)of the code. 22. rule 3-a of order 41 has been incorporated in the code by the amendment act and it reads :'application for condonation of delay.--(1) when an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied ..... bench of the calcutta high court in the case of mamuda khateen v. beniyan bibi air 1976 cal 415 and referring to the recent amendments made 10 the code by the civil procedure code (amendment) act, 1976 (for short, the 'amendment act') and in particular, the addition of rule 3-a to order 41, has recorded his view thus :'in my humble opinion, .....
Tag this Judgment!Court : Orissa
Decided on : Jul-17-1984
Reported in : 1984(II)OLR854
..... permit may also legitimately exercise the power of revocation of the permit.mr. mohanty further draws our attention to the provision of section 6(1) of the act as it obtained prior to the amendment in 1961. in the said section, clause (b) provided that 'in special cases', with the approval of the provincial government, the mode of a payment of tax ..... the state government from requiting security from the proprietor of an entertainment, for the payment of the tax in other cases.'section 6 as it now stands after the 1961 amendment, so far as levant for our purpose, reads as follows :'6. (1) save in the cases referred to in section 5, no person shall be admitted for payment to any ..... rival contentions of the parties, we think that it will be useful to refer to some of the relevant provisions of the act and the rules.section 6 of the act as it stood prior to the amendment in 1961 by orissa act 16 of 3961 reads as follows :'6. (1) save in the cases referred to in section 5, no person shall be .....
Tag this Judgment!Court : Orissa
Decided on : Jan-02-1984
Reported in : AIR1984Ori138; 57(1984)CLT290
..... o.s. no. 326 of 1976, the suit was dismissed on 28-3-77 which was not the date fixed for hearing. the act was amended by orissa act 54 of 1975 which came into force with effect from 22-9-75. the said amending act puts further restriction on the money-lenders and by the dates when the suits were dismissed, the ..... amending act had not gained sufficient publicity to be too rigidly applied. even after the introduction of section 18-b in the act by way of amendment, the notification thereunder was not made for quite some time and in these circumstances, adequate opportunity should ..... requisite certificate before the suits were held to have abated under section 18-b (8) of the act. as a matter of fact, no application was required to be filed by the money-lender in pursuance of the amended provision of the act and the notification. all that the money-lenders were required to do was to produce all records .....
Tag this Judgment!Court : Orissa
Decided on : Jul-09-1984
Reported in : AIR1986Ori138
..... continue and not to allow any suit for specific performance of any contract for sale of land entered into before the commencement of the orissa land reforms (amendment) act, 1973 to be instituted. this being clear intention of the legislature, the contention of mr. misra cannot be accepted particularly when there is no inconsistence between ..... for the land and according to this provision all suits instituted after the 26th day of september. 1970 and before the commencement of orissa land reforms (amendment) act, 1973 for specific performance of contract for transfer of land shall abate and no suits for specific performance of any contract for sale of land entered ..... performance of a contract for the transfer of land, instituted after the 26th day of september, 1970 and before the commencement of the orissa land reforms (amendment) act, 1973 shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable. (3) all suits for .....
Tag this Judgment!Court : Orissa
Decided on : Aug-31-1984
Reported in : AIR1985Ori202; 58(1984)CLT359
..... could restrain one party from interfering with the possession of the other, and whether a relief for such purpose would be barred by section 67 of the land reforms act, the legislature advisedly amended sub-section (7) in incorporating therein words 'restraining' the landlord from interfering with the tenant's cultivation of the land or for such other purposes'. mrs. padhi for ..... operation the defendant filed a petition on 22-12-1976 for an order of abatement of the suit under section 4(4) of the act. while the petition for abatement of the suit was pending, the plaintiff amended the plaint by deleting the prayer for declaration of title and contended that the suit being one for permanent injunction only it should not .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-1984
Reported in : AIR1985Ori215
..... postal servant that the defendant refused to take delivery may be deemed by the court issuing the summons to be prima facie proof of service.'by civil p.c. (amendment act) 1976 (104 of 1976) a new rule '19a' to order 5 was introduced providing for simultaneous issue of summons for service by post in addition to service through ..... process server almost identical to the orissa amendment of rule 10. accordingto sub-rule (2) thereof, when an acknowledgment purporting to be signed by the defendant or his agent is received by the court or the ..... 1974) 15 guj lr 655 : (air 1975 guj 54), memon adambhai haji ismaif v. bhaiya ramdas badiudas. it can, therefore, be held on interpretation of the orissa amendment to rule 10 and rule 19a that on the roof of the facts that a prepaidproperly addressed postal cover containing the notice/summons was sent by registered post and when .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-1984
Reported in : 58(1984)CLT406; 1984(II)OLR732
..... of 1975-iii in the court of munsif, puri, for realisation of the amount.3. during pendency of the suit, the orissa money-lenders act, 1939 (hereinafter stated as 'the act') was amended by orissa act 54 of 1975. section 18-b was added to the statute. it reads as follows :'18-b. power of the government to require money ..... in paragraph 9 at page 297 :'as a matter of fact, no application was required to be filed by the money-lender in pursuance of the amended provision of the act and the notification. all that the money-lenders were required to do was to produce all records relating to their business including documents evidencing advance of loans ..... person aggrieved by an order declaring a transaction to be within the limits of registration certificate. whether the documents required under section 18-b (2) of the act were produced before the authority within the stipulated period are to be investigated by the notified authority including the appellate authority. in view of ouster of jurisdiction .....
Tag this Judgment!Court : Orissa
Decided on : Jun-19-1984
Reported in : 58(1984)CLT53; 1984(II)OLR597
..... punishable under section 467 of the code in view of the specific powers conferred on a special judge with the limitations specified in section 7 (3) of the amendment act. the result would be that the order of conviction recorded against the appellant in respect of both the charges and the sentences passed against him there-under have got ..... the accused may, under the code of criminal procedure 1898, be charged at the same trial.'it is clear that sub-section (3) of section 7 of the amendment act is an enabling provision conferring jurisdiction on the special judge to try offences which arise in the course of the same transaction allied with the principal offences for the ..... offence?, such as one under section 409, penal code, for which power has bee, 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 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-11-1984
Reported in : AIR1986Ori151
..... the year of allotment of direct recruits has been traditionally followed in all previous years. similarly, the provisions of orissa administrative service class-ii (appointment by competitive examination) regulations, i959 and the orissa administrative service class-ii (appointment to the selection grade) rules, 1967 go to prove the 'year of allotment' ..... respect of promotees and direct recruits the 'date of appointment' and 'year of allotment' are separately mentioned a long standing practice which has been acted upon and acquiesced in for years resulting in rights accrued and benefits conferred and/or derived by assigning 'the year of allotment' to thousands of ..... placed above the petitioners in the seniority list. the direct recruits have been allotted 1970 and 1971 as their 'year of allotment' even though they act'ually joined the service in 1973 and 1974. the recruitment rules of 1959 and the orissa administrative service (appointment by promotion, transfer and selection) regulations .....
Tag this Judgment!Court : Orissa
Decided on : Apr-06-1984
Reported in : 1984(I)OLR463
..... . 3. faced with the predicament of the objection raised by the defendant no. 2 in the execution case, the petitioners filed an application under section 152, c. p. c. for amendment of the decree on the ground that although there learned munsif held that the plaintiffs were entitled to all the reliefs prayed for, due to an accidental slip and omission ..... of limitation sought to be urged by the opposite parties is of no substance.4. in the result, the m. j. c. is allowed. the trial court is directed to amend the judgment and the decree by incorporating therein a direction that the plaintiffs are entitled to recovery of possession of the suit property from defendant no. 2.no costs.
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