Court : Orissa
Reported in : AIR1950Ori125
..... under the decree and the other has no reference to the earned rights and can be waived or avoided by various disabilities and excuses.32. under article 182 (4), limitation act, an amendment, however unsubstantial, gives rise to a fresh terminus a quo to the time limit, magan lal v. sitaram, 16 pat. 290; (a. i. r. (24) ..... even now remains as it was when the legislature enacted it as part of the civil p. c., in 1908. similarly article 1ss, limitation act also remains as before (except for some minor amendments) from 1908. the words of a statute should generally be understood in the sense which they bore when it was passed. (maxwell's interpretation ..... be applied, (iv) he further urged that order 20, rule 7 being in schedule 1, civil p. c., was liable to amendment by any high court whereas the provisions of the indian limitation act could be amended only by an act of the appropriate legislature. consequently an artificial construction should not be put on an expressionoccurring in the limitation .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori81; 16(1950)CLT202
..... is not convenient to introduce efficient control over the management of the various services in order to give better facilities to the public and to avoid uneconomical and rival competitions. the regional transport authority should, therefore, consult the provincial transport authority before the grant of renewal of any permit or change of timings or fares of the ..... to issue directions from time to time for their guidance (see sub-section (4) of schedule 4). by an amendment made in 1942, a new sub-section (sub-section (5) was inserted in schedule 4 of that act and the p. t. a. was given the power to delegate such of its powers and functions to such ..... the constitution for quashing an order dated 27-7-50 passed by the chairman, state transport authority while purporting to decide an appeal under section 64, motor vehicles act, 1939, against an order of the regional transport authority, puri, granting a permit for stage carriage on the route from banpur to berhampur to the petitioner sri .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... and equitable apportionment of the rant so distributed. those two sections, viz,, schedule 1 and s 31-a, apply to transfers made after the passing of the amending act (act viii [8] of 1938). in respect of past transfers the legislature made a provision in section 31-b enacting that the transferee shall be liable to pay ..... plaintiff must be inoperative inasmuch as the co-sharer landlords, defendants 3 and 4, were not bound to implead the transferee in their cent suit. the' competition is between two purchasers of an occupancy holding which was at one time non-transferable. the issue about non-transferability is raised not by the landlord but by ..... but for that purpose that section has to be construed along with sections 30 a, 31a and 31b which were all contemporaneously inserted in the parent act by the amending act of 1938 and which along with schedule 1 consolidate the law relating to transfers of occupancy holdings. any necessary implication arising out of the construction of those .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori42
..... provincial transport or regional transport authorities, till some time very near before the act takes effect, incumbency of regular permits, other than temporary ones, at the time the modifying act comes into operation, was inevitable. such permits under the amending act could be nullified by the operation of its provisions, section 4 or 5 ..... over several private bus owners. if different agencies are engaged in different types of transport services such as railways & motor buses there may be unhealthy competition amongst them & a tendency to create unnecessary duplication of each. on the other hand, one company which controls the entire road transport service of orissa ..... not my' intention to trespass into the field of politics or economics & to join in any controversy regarding the relative merits of monopoly versus free competition or state ownership & control of business versus private ownership & management; but a brief discussion of these matters is unavoidable because article 19(6) has .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori260; 18(1952)CLT284
..... the province except in accordance with a permit issued by the appropriate authority. thus the main purpose of the impugned order is to prevent indiscriminate and unrestricted competition in the purchase of kendu leaves by requiring any person engaged in such an undertaking to obtain a licence from the appropriate authority and also fixing a ..... committee appointed by the government to report on the sambalpur land laws devoted three pages to a discussion of this vexed dispute in the district and suggested some amendments to the tenancy laws regulating the fights of the tenants and landlords in respect of the leaves. pages 63 to 65 of the report of the sambalpur ..... orissa kendu leaves (control and distribution) order, 1949 which is an offence punishable under section 10 of the orissa essential articles control and requisitioning (temporary powers) act, 1947 (orissa act i of 1947). the petitioner in m. j. c. no. 78 of 1951 is the owner of some landed property in mouza laikera in the district .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... well as taken together valid, and not open to any constitutional objections. 6. section 168-a and section 177(2) inserted into the madras estates land act by the amending act, orissa act, 19 of 1947, are valid and not open to any constitutional objections. but the question as regards the validity of the actual exercise of the powers ..... last, question that remains to be considered is, that which has been raised with reference to the validity of certain provisions in the madras estates land (orissa) amendment act (orissa act, 19 of 1947), and the validity of certain steps taken by the provincial government in pursuance thereof, in so far as they affect the calculation of gross ..... compensation for the malevaram. it is further pointed out that by virtue of the orissa tenants protection act of the year 1948, which is a temporary act, the land-holder has been deprived of his right to get a competitive contractual rent and the rent payable, has been limited to 2/5ths of the gross produce in such .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori79
..... to deduction. this was brought about by an amendment of the act in 1939, on account of a divergence of views in the courts. in some cases sums paid to a partner in his individual capacity were held allowable, ..... them would be qua partners and not in any other capacity. 12. in this view, any further discussion as to whether section 10 (4) (b) after the amendment of 1939, makes no distinction between the remuneration paid to a partner in his individual capacity and the remuneration paid to him for services rendered by him as a partner ..... payments are deductible under section 10 (2) clause (x). similarly, interest payable on capital borrowed by a company is deductible under section 10 (2) (iii). but the act makes a distinction between a company and a partnership and expressly provides that any sum paid as interest, salary, or remuneration to the partner of a firm is not entitled .....
Tag this Judgment!Court : Orissa
Reported in : [1956]30ITR222(Orissa)
..... the present state of orissa under the states merger (governors provinces) order, 1949. by virtue of the taxation laws (extension to merged states and amendment) act, 1949 (act no. lxvii of 1949) the indian income-tax act, 1922, was made applicable to all the merged territories with effect from 1st april, 1949. the income-tax officer, jharsuguda, who had jurisdiction ..... of the loss, if any, in the previous years against the profits of the assessment year. indeed, the provisions of section 24(2) has been subsequently amended by the parliament to counteract the aforesaid decision of their lordships of the supreme court; but it is conceded by the counsel of both parties that the said ..... amendment is not retrospective and the present case is governed by the provisions of section 24 of the act which were for interpretation by their lordships of the supreme court.5. i will further add that in view .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori121; 23(1957)CLT134
..... transport authority for consideration they must consider all the applications in accordance with the law as it stands to-day, that is to say the parent act as amended by the amending act of 1949.10. the answer to this question would depend on whether the applicant can be said to have had a vested right of renewal on ..... other conditions are equal the state transport service may have to be preferred in the interests of proper co-ordination of transport facilities and with a view to prevent unhealthy competition in a route; and (2) though, ordinarily, under the proviso to sub-section (2) of section 58 when an application for renewal is made an old ..... 147 (1) of the parent act also, two new clauses, namely, (g) and (h) were inserted as follows:'(g) other conditions being equal, in the interest of proper co-ordination of transport facilities, the expediency of giving due' consideration to a state transport service;(h) the necessity for preventing unhealthy competition in any route or routes or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori123
..... of the question of title between rival claimants to the suit land, namely, the plaintiff and the defendant no. 4 who is opposite party no. 4 herein as competitive bidders for the suit land as aforesaid. this aspect, by itself, is decisive on the question whether the suit was in substance one for declaration of title with consequential ..... mr. r. c. misra, learned counsel for the plaintiff petitioner also contended that,--assuming section 7(iv)(c) applied,--the amount assessed was excessive in view of the orissa amendment of the section. this argument is successfully repelled by mr. b.k. pal, learned counsel,--appearing on behalf of the defendant no. 4, being opposite party no. 4 ..... for consideration in this civil revision is whether the case comes under section 7(iv)(c) or section 7(xi) (d) or (e) of the court-fees act, 1870 (act vii of 1870). the settled legal position for determination of such question is that it is the real nature and substance of the plaint in the suit and not .....
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