Court : Orissa
Decided on : Jan-21-1997
Reported in : 83(1997)CLT494; 1997(I)OLR310
..... to holding of panchayat as wail as municipal elections by the constitution, parts ix and ix-a of the constitution were introduced by the constitution (73rd amendment) act, 1992 and (74th amendment) act, 1992. by these two parts, it was intended to take democracy to the grassroot level. part ix deals with constitution of panchayats, composition of ..... the disqualification under clause (v) shall not apply to any person who has more than two children on the date of commencement of the orissa grama panchayat (amendment) act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period ..... r. mohapatra, learned counsel for , petitioner has referred to clause (v) of sub-section (1) of section 25 of the act which reads as follows, after, the amendment of the provisions by orissa act 6 of 1994:'25. disqualification for membership of grama panchayat _ (1) a person shall be disqualified for being elected or nominated as .....
Tag this Judgment!Court : Orissa
Decided on : Nov-12-1997
Reported in : AIR1998Ori78; 85(1998)CLT70
..... orany resultas the outcome of that meeting would be subject to the result of the writ application. besides, the court also granted leave to amend the writ application and on such amendment, the outcome of the alleged meeting was also challenged. we do not consider in this regard whether the enquiry has lost its force ..... senior counsel appearing for opposite party no. 4, has opposed the writ petition very seriously. according to him, an enquiry is permissible under section 65 of the act. in instant case, there were various anomalies regarding the fees and allowances received by the sitting members of the committee of management for which complaints were made ..... committee so constituted shall exercise such powers and perform such duties as may be necessary or expedient for the purpose of carying out its functions under the act which includes several powers as indicated therein. this section also indicates as to maintenance of the register of members up-to-date and convening meetings and .....
Tag this Judgment!Court : Orissa
Decided on : Nov-17-1997
Reported in : 85(1998)CLT97; 1998CriLJ1811
..... no. 1 was examined or her witness was examined no suggestion was given to them that the petitioner has divorced opposite party no. 1. the petitioner did not amend his written statement to insert the plea of divorce. the whole scenerio made his case of divorce unbelieable. for the reasons stated above, the trial court as ..... available in the case record show that a plea of divorce was neither raised in the pleading nor proved in record. under such circumstances, the provisions of the act are of no help to the petitioner so as to defeat the application for maintenance filed by the opposite parties. it may further be noted that opposite party ..... under section 125 of the code the petitioner (opposite party herein) has to comply with mandatory' provisions under muslim women (protection of rights and divorce) act, 1986 (in short, the act'). he further argued that keeping in view the settled legal position the courts below should have accepted that the plea of divorce has been substantiated at least .....
Tag this Judgment!Court : Orissa
Decided on : Oct-24-1997
Reported in : AIR1998Ori68; 85(1998)CLT120
..... to such right was not a claim to any right to property within the meaning of s. 42 of the specific relief act, and that the right of pre-emption could not be enforced by a mere declaratory decree. the amendment was then sought for by the plaintiffs claiming possession. this prayer was refused by the trial court, on appeal it was ..... years from the date the right to sue first accrued as provided in article 58 of the limitation act, plaintiffs prayer for such declaration on the basis of the very same cause of action was sufficiently barred by limitation at the time when amendment was sought for. in that view of the matter, the impugned order of the trial court is unsustainable .....
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