Court : Orissa
Reported in : 2002(I)OLR430
..... referred to in sub-sections (1) and (2) of section 8-a allowed by the collector prior to the date of commencement of the orissa estates abolition (amendment) act. 1956 (orissa act xv of 1956), shall be drawn up by him in form 'j' of the schedule and public notice thereof shall be given by beat of drum in the appropriate ..... all claims referred to in sub-sections (1) and (2) of section 8-a allowed by the collector prior to the date of commencement of the orissa estates abolition (amendment) act, 1956 (orissa act 15 of 1956) shall, as soon as may be. after the said date, be notified in the prescribed manner by the collector. any objection received within a period of ..... . after receiving inquiry report, as no dispute was raised by any person for settlement of the lands, settled the same with the ex-intermediary. in the year 1956, by amending act 15 of 1956, sub-section (2) of section 7 was repealed and section 8-a and section 9 (2) were introduced. for the suke of brevity and better understanding .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC117; 1994ACJ138; AIR1994Ori65; [1994]80CompCas461(Orissa); 1994(I)OLR1
..... has been stated under point no. (6) of the statement of objects and reasons relating to this act. the proviso, however, was not altered in any way. 5. the amended clause (b) thus read asbelow :-- '(b) insures the person or classes of persons specified in the ..... in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place.' 6. in view of the amendment made in the act in 1969, the object of chapter viii cannot be confined to ..... co., air 1977 sc 1735, which attracted sub-clause (i) of clause (b) of section 95( 1), as it stood amended in 1969, as to which it was stated that a policy of insurance is not required to cover risk to the passengers who were ..... 1940 relating to carriage of persons in goods vehicles. 10. the expression 'goods vehicle' hasbeen defined in section 2(8) of the act asbelow :-- ' 'goods vehicle' means any motor vehicleconstructed or adapted for use for thecarriage of goods, or any motor vehicle not soconstructed or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori172; 83(1997)CLT656; 1997(I)OLR497
..... the matters of appointment of officers and servants of the committee and in regard to the punishment pursuant to the disciplinary preceding in violation of section 9 of the act. amended rule 39(2) and rule 45 substituting the controlling and supervisory power of the director in the existing rules with that of the board is also claimed to ..... or otherwise of the rules so challenged as held by the apex court in the cases of mukam charid v. union of india, air 1972 sc 2427. kerala stale electricity board v. the indian aluminium co. ltd., air 1976 sc 1031 and regional transport authority. chiltor v. associate transport. madras. air 1980 sc 1872.in the case ..... legislature which has the power to enact laws with retrospective operation, the athority vested with the power of making subordinate legislation has to act within the limits of its power.in the case of kerala slate electricity board (air 1976 sc 1031) (supra) in para 25 of the judgment the court while dealing with the case of subordinate .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori218; 1995(I)OLR472
..... in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the water and prevention and control of pollution) amendment act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement, or, ..... was within the power and competence of the central government to issue the direction to close the petitioner's industrial unit forthwith and to disconnect supply of electricity or water and to restrain the petitioner for restarting the unit till all the pollution control measures are taken to ensure that the effluent discharged from ..... occupier and the proviso contemplates that no opportunity of being heard shall be given to the occupier if he had already been heard earlier or the stoppage of electricity or water or any other service was the resultant decision of the central government after such earlier hearing. sub-rule (3-b) provides that the objection, .....
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 ..... in this aspect of the argument.54. now to resume the thread of the main contention raised before us relating to the orissa agricultural income-tax (second amendment) act, 1950 (act 15 of 1950), it is to be noticed that under section 27(l)(b), any sum which was payable in respect of an estate as agricultural income- .....
Tag this Judgment!Court : Orissa
Reported in : [1980]45STC170(Orissa)
..... the conditions precedent to the validity of the rules have been fulfilled (see para 6). a similar view is also expressed by the supreme court in the kerala state electricity board's case a.i.r. 1976 s.c. 1031, wherein it has been reiterated that subordinate legislation cannot be said to be valid unless it is within ..... that these notifications were made in supersession of the previous notifications in the matter. the notifications of december, 1977, had to be issued as a consequence of amendment of section 5 of the act.2. out of all the petitioners, the petitioners in 0. j.c. nos. 811 of 1977, 1090 of 1977, 740 of 1978, 140 of 1978 ..... 29th december, 1977, the previous items relating to bamboos agreed to be severed and trees agreed to be severed have also been included. admittedly, by virtue of the amending ordinance in 1977, the subsequent notification had to be issued in a consolidated form. this second notification has also been challenged in these writ petitions.9. the question that .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT622
..... the petitioner was not allowed all the allowances and benefits of a sitting high court judge. it appears that he was not allowed free accommodation, free electricity, house rent allowance at the rate admissible to a high court judge, enhanced sumptuary allowance and interim reliefs allowed to the high court judges pending the ..... points of time were made available to the retired judges re-employed on whole-time basis.5. by the supreme court and high court judges (conditions of service) amendment ordinance no. 7/96 sumptuary allowance of the high court judges was enhanced from rs. 300/- (rupees three hundred) to rs. 2000/- (rupees two thousand ..... other than the scheduled caste and the scheduled tribe and to provide for matters connected there with or incidental thereto (hereinafter referred to as the 'backward classes act'). section 3(1) authorises the state government to constitute the orissa state commission for backward classes (hereinafter referred to as the 'commission'). section 3(2) .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3265; 2009(I)OLR826
..... mahindra & mahindra financial services ltd. and anr. v. rajiv dubey 2006 (supp.1) olr 240; and meghanad bhainsal and ors. v. state of orissa and anr. 2007 (supp.ll) olr 286.5. the amended provision contained in section 202(1) of the cr.p.c. makes it mandatory on the part of the magistrate to postpone the issue of process against ..... relied upon decision of this court in jagdish prasad padhy v. k. nageswar senapathy and anr. (2007) 36 ocr 220 : 2006 (supp-ii) olr 856.4. in reply, it was argued by the learned counsel, for the opposite party that notwithstanding the amended provision contained in section 202(1) cr.p.c, magistrate authorized to take cognizance need not postpone ..... of processes was postponed till 20.3.2007 in order to conduct enquiry under section 202 cr.p.c. it is a different matter that the complainant did not choose to examine any witness in course of such enquiry. therefore, there is no basis to allege non-compliance of amended provision under section 202(1) of the cr.p.c.6 .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT225; 1992(I)OLR421
..... in section 36-d. the aforesaid provision may be quoted herein below in extenso :'36-d. transitional provisions-- (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 19s8 until a special court is constituted under section 36, shall, notwithstanding anything contained in the code of criminal procedure, 73 (2 of 1974 ..... 1985 when the legislature found that the offenders are being released on bail on technical grounds they felt the need to amend the law to further strengthen it and accordingly it was amended by act 2 of 1989. the main objects of the amending act are (i) to bring certain controlled substances which are used for manufacture of narcotic drugs and psychotropic substances under the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori21; 100(2005)CLT746; 2005(II)OLR330
..... , viz.. ext.30-permission granted by the cda to construct building, ext.4- the holding tax receipt of cuttack municipality, ext.3- the receipt showing payment of electricity dues, exts.23 to 29, agreements entered into between biswajit (plaintiff's son) and the tenants inducted in the shop rooms constructed on the disputed land much prior to ..... the decree which is against him if he seeks to get rid of the said finding. in the second and third category of cases in consonance with the amended code of civil procedure, it is not necessary for the respondent to take any cross objection laying challenge to any finding adverse to him as the decree is ..... the suit land was an intermediary estate of sarthalal mishra and others, which had vested in the state in consonance with a notification under the orissa estates abolition act. though the plaintiff claimed that her husband suresh had purchased the suit land from chiranjilal who had purchased the same from the ex-intermediary prior to vesting, since .....
Tag this Judgment!