Court : Orissa
Reported in : AIR1958Ori260
..... the election cf the returned candidate has been materially affected as provided in clause (d) of sub-section (1) of section 100, section 100 of the act, as amended by act 27 of 1956 under which the improper rejection of a nomination was placed on a different footing from the improper acceptance of a nomination (sic). section 100 before ..... the election has been materially affected by the improper acceptance or rejection of any nomination,the tribunal shall declare the election to be wholly void'. section 100 as amended by act 27 of 1956 with regard to this aspect is as follows:'100. grounds for declaring election to be void- (1) subject to the provisions of sub-section ..... and develop local self-government in the village communities of the province of orissa and to make better provision for their administration. under section 6 of the act, as amended, every grama sasan shall be a body corporate by the name of the grama for which it is constituted and shall have perpetual succession and a common .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori5
..... officer for the preparation of such a record of rights, and section 4 conferred consequential and ancillary powers on that officer.that act was amended by the puri sri jagannath temple (administration) (amendment) act, 1954 (orissa act i of 1954} by which finality was given to the record of rights as prepared by the special officer and published in ..... is aggrieved by the order of the commissioner, with a further right of appeal to the high court'.the constitutional validity of the orissa hindu religious endowments act 1939 (as amended by orissa act ii of 1952) was also considered by the supreme court in sri jagannath ramanuj das v. state of orissa 1954 scr 1046: (air 1954 sc ..... of the superior of toe religious institution which is blended with his office.'' it was in consequence of this decision that in the orissa hindu religious endowments act 1951, as amended by orissa xviii of 1954 a right of appeal to the high court was given in section 44 against any scheme prepared under section 42. 26. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori1
..... presented the election petition, calling in question the election of the returned candidate.9. let us then consider the scheme of the representation of the people act, 1951 fas amended) which gives such right and lays down the nature of procedure for enforcement of that light. part vi covering sections 79-122 deals with 'disputes ..... than those mentioned in section 136(2)(a) shall be punishable with imprisonment for six months or with fine or both.section 138 -- amends the code of criminal procedure (act 5 of 1898) making suitable provisions in appropriate places regarding offences relating to elections under section 171f of the indian penal code (punishment for ..... election.10. it was in the context and background of the above scheme of the representation of the people act, 1951 (as amended) that their lordships of the supreme court observed that theseproceedings under the act are of quasi-criminal nature. an election enquiry is of quasi-criminal nature, inasmuch as its findings on corrupt .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori148
..... of the original mortgagor and two transferees. a final decree was passed in due course. on an application for amendment of the decree under section 8 of the u. p. debt redemption act (act xiii of 1940) there was an order for amendment of the final decree by the learned munsif, which, on appeal, was upheld by the district judge. the ..... p. debt redemption act. the amendment of the decree therefore must be deemed for his own benefit alone. all the other judgment-debtors, including the ..... of the said particular transferee adversely. furthermore, answer no. 3 was that the amendment was made at the instance of one of the debtors mahadeo singh alone and the other debtors were not shown to be entitled to the benefits of the debt redemption act and were not made parties to the proceedings under section 8 of the u. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
..... the landlord's (mangtulal's) prayer tor eviction of his tenant from his house was dismissed on the ground that the bihar buildings (lease, rent and eviction) control amendment act 1951 was invalid. the governor of bihar thereupon promulgated the bihar buildings (lease, rent and eviction) control (continuance) ordinance 1952 (bihar ordinance no. v of 1952 ..... the roll of advocates without his having to pay any sum of money. the reason for this order was that the amendment to the indian bar councils act made by the uttar pradesh amendment act of 1950 was held to be ultra vires the uttar pradesh legislature. soon afterwards the parliament passed the bar councils (validation ..... of sate laws) act 1956 (act iv of 1956) validating the indian bar councils (u. p. amendment) act 1950, but parliament did not go further and say that the decision of the allahabad. high court in air 1954 all .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori159
..... within the jurisdiction of the munsif of kendrapara and schedule c property within the jurisdiction of the munsif of cuttack: and the plaint was directed to be amended accordingly. 2. the only question for consideration in this matter is whether the learned munsif was right in making the order thus splitting up the plaintiffs' ..... the defendants in order to oust the plaintiffs from all these properties, situate both within cuttack and kendrapara jurisdiction. it appears from record, that there was an amendment of the plaint adding two more defendants, namely defendant no. 5 and defendant no. 6 the main cause of action against the defendants is stated in paragraph ..... relevant. it provides that all persons maybe joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against such persons, any .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... not be the madras government competent to make the reference; and the learned judge also expressed that it was of interest to notice that provision was made by the amending act of 1956 (act 36 of 1956) in section 10(1a) for the adjudication of disputes, if an industrial concern consists of industrial establishments lying in more than one state. on ..... industry exists in two states then the dispute arises in the two states.indeed, it was to meet such a situation that section 10(1a) was introduced in the act by the amending act of 1956 which was enforced on august 29, 1956 after the reference, the subject-matter of o. j. c. no. 64 of 1958, was made in july, ..... 10 and each government thinks that it alone is the appropriate government, an acute controversy may arise for which there may not be an easy solution unless the act itself is amended or recourse is had to article 263 of the constitution for resolving the conflict.45. the present case however can be disposed of by another line of approach. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori15
..... be said is that it is a case of irregular service and not a case of non-service and therefore the plaintiff is entitled to the benefit of the orissa amendment of order 9, rule 13. what, in my opinion, is conclusive on the point of service is the position that if the service at the village by registered ..... was examined; furthermore the defendant no. 1 himself does not deny the service, 4. the only question is whether the service on the defendant was sufficient. the orissa amendment of the order 9, rule 13 civil procedure code sets out a proviso to the effect that no such decree shall be set aside merely on the ground of irregularity in service ..... lays down that service should be personal wherever parcticable and the courts ought not, in ex parte cases, to act upon anything short of personal service, until they are satisfied that personal service could not reasonably be effected. the orissa amendment of order 9, rule 13 will only apply when it is a case of irregularity in the manner or mode .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori149
..... suit it would not pass, the same decree as the trial court would at re-hearing. in short, if it be accepted, as it must be, that the amended section 10 applies to pending suits, it must well be accepted that it should apply to pending appeals. appeals are filed in suits and hence are nothing but a continuation ..... ejectment :i. the notice to quit was not valid; and ii. in any case, in view of the coming into force of the orissa house rent control act 1938 (orissa act 31 of 1958) the civil court had no jurisdiction to pass a decree for eviction. on both these points the learned single judge held against the appellant but granted ..... on thepart of the landlords to charge exorbitant rentsfrom tenats or otherwise to take steps for unreasonable eviction of tenants--taking advantage ofthe provisions of the transfer of property act.it was with this end in view that a scheme forcontrolling house rents was first initiated in orissaas early as 1942 by making an appropriate orderunder the defence rules. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori202
..... shall apply accordingly to the memorandum of articles as so altered. all these provisions have been introduced in indian statute by the amending act of 1956 on the basis of section 210 of the english companies act, 1948. the english law introduced section 210, on the recommendation of what is known as cohen committee, who had carefully ..... capital issues on which the sanction was obtained for issue of the said 39,000 shares, as also in accordance with the terms of the sanction itself. the amendment, moved by the jain group, was, however, lost because of their minority position in share-holding; obviously, the rival groups knew and were conscious of their ..... manner it was done, under the circumstances aforesaid, the petitioner relied on the provisions of section 81 of the companies act 1958, relating to further issue of capital. the relevant provisions of section 81 (prior to the amendment made on december 28, 1960), as applicable in the present context, are set out as follows: '81. further .....
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