Court : Orissa
Reported in : AIR1954Ori15; 19(1953)CLT307
..... the grounds for removal of the defendants from the mutwalliship and for settlement of a scheme are that the defendants have committed several acts of maladministration and mismanagement of the affairs of the mosque and the properties attached to it with an area of 10.25 acres of land which were also endowed to the mosque.2. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori246; 19(1953)CLT208
..... tenant on a tenancy from month to month is, on the date of the commencement of this act, in possession of any house- (a) he shall not be liable to be ejected, whether in execution of a decree or otherwise except for non-payment of rent or breach of the conditions of the tenancy, and (b) the landlord shall not be entitled to increase the rent which was, on the date of the commencement of this act, payable for such house: provided that the controller may, on the application of the landlord ..... and after making such enquiries as he thinks fit, increase such rent, in the same circumstances, to the same extent and with the ..... same effect as the fair rent of a house may be increased under section 9 : provided further ..... preamble to the orissa house rent control act says that the main object of the act was to prevent unreasonable eviction .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori274
..... krishna chandra', air 1942 pat 1 (fb) (a), and argued that as, in accordance with the provision of section 13, orissa tenants protection act, that act has to be read as a part of the orissa tenancy act, the collector deciding disputes under the former act is liable to the jurisdiction of the high court, as was held in the reported decision, notwithstanding the provision making the orders of the appellate authority final ..... agree that the revision petitions should be dismissed without costs on the preliminary ground that no revision lies against the appellate order of the collector passed under section 11, orissa tenants protection act and article 227 of the constitution has also no application because the order of the collector became final prior to the commencement of the constitution. ..... ' the difference between the two provisions is that before the introduction of the amendment in 1951 (by orissa act 17 of 1951) there was only one appeal to the prescribed superior revenue authority, and the decision of that authority was not liable to be questioned by way of further appeal or ..... rule of interpretation that while a rule of procedure may ordinarily have retrospective effect, attributed to it, provisions in a statute which affect existing rights cannot be applied retrospectively in the absence of an express enactment to that effect or necessary intendment: see -- 'delhi cloth and general mills ltd. v. ..... but i should add that the order passed by the collector of cuttack in rent appeal no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori87
..... to the assembly constituencies as they apply in relation to parliamentary constituencies.section 15 says that for every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this act under the superintendence, direction and control of the election commission, and section 23 says that the electoral roll for each constituency shall be prepared every year in the prescribed manner by reference to the qualifying ..... date : provided that it shall not be necessary to prepare any roll during the year 1951.section 24 says that the electoral roll first prepared under this act shall remain in force until the 30th day of september 1952 and every electoral roll subsequently prepared shall come into force on the 1st day of october next, after the qualifying ..... been published under rule 19, the election commission may, for the purpose of any subsequent annual preparation of the electoral roll for any constituency under section 23 of the act, direct the preparation of a list of amendments to the electoral roll for such constituency for the time being in force, for its publication under rule 9, and the provisions of rules 3 ..... a person over 21 years of age, to be registered as a voter, and section 62, representation of the people act, 1951 says that:'no person who is not, and except as expressly provided by this act, every person who is, for the time being, entered in the roll of any constituency, shall be entitled to ..... delhi .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori67
..... into a court of appeal it may interfere if the order of the tribunal is bad on the face of it or with a view to prevent obvious miscarriage of justice where the lower court has acted in abuse of its jurisdiction.the limitations imposed, on this court in exercising its powers of issuing a writ of certiorari under article 226 may not apply with full force when the court exercises its powers ..... the law by the supreme court, it is no longer open to us to canvass the reasoning of the impugned decision, unless it can be shown that the authority which passed that order acted without jurisdiction, or in excess of it, or in violation of the principles of natural justice.this was only a reiteration of the principle laid down in an earlier case reported in --'parry and ..... bench decision of this court, the order of the election tribunal constituted under the orissa municipal act, 1950 (sections 21 to 24) was set aside and final orders were passed granting the ..... to make a declaration that there was no corrupt practice resorted to by the petitioner, such a declaration can only be given by the tribunal set up in accordance with the provisions of the representation of the people act.the petitioner before the tribunal, in the election case was one mohan nayak (who is opposite party no. ..... general of evacuee properly new delhi', reported in air 1952 sc 319 (b), the full court ruled that a writ of certiorari cannot be granted to quash a decision of an inferior court acting within its jurisdiction, on the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori127; 20(1954)CLT536
..... since repealed) where while referring to the territory of mayurbhanj it was stated that the collector of the zilla should conclude a settlement with the proprietor of that estate for the payment of a fixed annual 'quit rent'.but as against this argument, it should be pointed out that regulation 36, while extending to the whole of the conquered territory of orissa including killa aul, the regulations in force in the old province of bengal ..... killa aul is an 'estate' as defined in the bengal land registration.the government of orissa have also filed copies of the plaints filed by the petitioner's father in rent suits under section 193, orissa tenancy act, against his tenants which show that raja braja sundar deb took advantage of the settlement entries and the provisions of the orissa tenancy act for the purpose of realising rents from the tenants.7. ..... act, before the collector.this application by the proprietor under section 101(2), bengal tenancy act, for settlement of rent in a portion of his killa clearly implies an admission that his killa is nothing else but an 'estate' as defined in section 3(4), bengal tenancy act ..... ),the then proprietor of killa aul raja braja sundar deb accepted this settlement and filed several applications before the settlement authorities under section 128, orissa tenancy act (para 400 of dalziel's settlement report) for settlement of fair and equitable rent thereby admitting his position to be that of the proprietor of an 'estate' as defined in that act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori76
..... even though five years had not expired from the date of the preparation of the original valuation and assessment lists.it has got to be observed here that in the new act, that is, the orissa municipal act which has taken effect from 16-4-1951, the prescribed maximum rate is 10 per cent, and the municipality has taken proper and adequate steps to bring down the rate of ..... further case is that since april, 1950 the villagers were paying house-taxes at the rate of 121/2 per cent, of the valuation of the holdings; that thereafter the orissa municipal act having come into force from 16-4-1951, the maximum rate of house-tax was brought down from 121/2 per cent, to 101/2 per cent, of the valuation of the holdings; ..... the rate of 74 per cent, of the valuation of the holdings and the villagers have been paying the house-taxes on the above rate since 1-4-1347; that by an amending act of orissa the maximum rate of assessment or house-taxes was raised from 71/2 per cent, to 121/2 per cent. ..... das mainly relies upon the provisions of section 106, bihar and orissa municipal act contending that when the valuation and assessment lists were prepared in the year 1946 imposing house taxes at the maximum rate of 71/2 per cent, a further increas of the ..... in our view, what section 106, bihar and orissa municipal act contemplates is that the valuation and assessment lists once prepared will 'ordinarily' be in force for five years, but if on account of some extraordinary circumstances, such as, abnormal rises .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori114; 20(1954)CLT425
..... the plaintiffs' further contention was that the thikadar was not liable to be ejected solely on the ground of non-payment of rent.2. ..... 3 alone for realisation of arrears of rent or rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori219; 20(1954)CLT515
..... not made or consent was not obtained the landlord was entitled to ignore the transfer altogether and proceed against the recorded tenant only for realisation of arrears of rent in the rent court and a decree so obtained would clearly be a rent decree.but by the amending act of 1938 radical change was made in the law relating to transfer of occupancy holdings. ..... transferee, who obtained a transfer of an occupancy holding or a portion or a share thereof, before the commencement of the orissa tenancy (amendment) act, 1938, shall be liable to pay the fees lawfully payable by him at the time of the transfer, within four years from the coming into force of that act or the date of the landlord's knowledge of the transfer whichever is later, but he shall not be liable to ejectment on the ground that ..... away his right which has been expressly conferred on him by the amending act of 1938.moreover, in view of the knowledge of the transfer on the part of the landlord he might have kept quiet knowing fully well that if any rent suit was brought he would be given due notice. ..... consequently, whenever he paid rent for the two khatas the landlord granted marfatdari receipt in the name of the recorded tenants showing, however, the plaintiff as the person who actually paid the money.in 1938, the orissa legislature passed the orissa tenancy (amendment) act, 1938 (orissa act 8 of 1938) by which old section 31, orissa tenancy act, was replaced by four new sections, namely, 30a, 31, 31a and 31b which had .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori95; 21(1955)CLT231
..... it appears that in both the lower courts the parties proceeded on the assumption that prior to the merger (1-1-1948) the transfer of property act was not in force in gangpur state and that consequently the provisions of chap v of that act would not in terms apply.but the courts below held that the equitable principle contained in most of the provisions of the act should be applied inasmuch as they are based on equity, justice and good conscience. ..... rao himself cited several authorities to show that in respect of leases which took place prior to the commencement of the transfer of property act, the courts have held that reasonable notice would suffice; vide 'haridas tanti v. ..... 3(c) which showed that in sambat year 1995-96, in which there were 13 months, the rent paid was in excess of what would be payable for 12 months at rs. ..... there is no doubt about the correctness of the view taken by the lower courts about applying the equitable principles of the transfer of property act, even though the act might not have been in force in gangpur state prior to the merger. ..... there are several authorities to show that even in territories formerly known as 'british india' the equitable principles of the transfer' of property act were applied in respect of leases which commenced prior to the coming into force of the said act, (vide 'debendra nath v. .....
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