Court : Orissa
Reported in : AIR2000Ori32
..... the petitioners by the postal authority reveals that under the post office monthly income account rules, 1987(in short, the 'rules') framed under section 15 of the government savings banks act, 1873 (in short, the 'act') a limit was fixed up to which the deposits can be accepted by the post office. ..... petitioners to the effect that they shall keep the amount single or joint at any time within the limits specified in the relevant rule and also furnish on demand from the post office savings bank, particulars of all such accounts. ..... the savings bank pass books themselves reflect the total amount of deposit received from the various deposits and were being ..... that on 28-12-1994 when the deposits exceeded the limit prescribed, there was no objection raised by the postal authorities and they accepted the deposits and the petitioners went on getting monthly interest in the savings bank account. ..... that the monthly interest accrued shall be credited automatically to the savings bank account. ..... is fairly accepted by the learned additional standing counsel for central government that had the petitioners deposited the money in some other schemes floated by the state government or banks, they would have fetched interest. ..... from the aforesaid discussion : (a) infringements of the instructions issued by the reserve bank of india under the banking regulations act prohibiting the banks from entering into buy-back arrangements do not invalidate such contract entitled into between the banks and its customers. .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT247
..... was with regard to the nominee specified in the national savings certificate issued under the government savings certificates act, 1959. ..... sarbati devi's case (supra) holds the field and the nominee described in the national savings certificate on the death of its holder does not become entitled to the sum due under the certificate to the exclusion of all other legal heirs who are entitled to succession under ..... it may stated that the question whether a person who was not nominated under section 39 of the insurance act, 1938 would be entitled to receive the amount due under the life insurance policy is no more res integra in view of the decision of the supreme court in ..... the death of the policy holder the amount payable under the policy becomes part of his estate which is governed by the law of succession applicable to him. ..... 3 has filed a petition under section 372 of the indian succession act, 1925 in the court of the civiljudge (senior division), bhadrak (succession misc, case ..... amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. ..... a mere nomination made under section 39 of the act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the ..... succession may be testamentary of intestate and section 39 of the act does not operate as a third kind of succession. ..... bearing number 581307998 on 20.12.1994 underthe monthly salary savings scheme. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori168
..... when the proviso appended to the enacting part is repugnant to it, it unquestionably repeals the enacting part, but it is said by lord coke, that when the enactment and the saving clause (which reserves something which would be otherwise included in the words of the enacting part), are repugnant...... ..... therefore, notwithstanding the fact that the act was a temporary statute, the orissa act had application and particularly section 5 of the orissa act governed the field. ..... if a proceeding is initiated before the expiry of the act, the same can be validly continued in view of the saving provision provided in section 1(4) itself. ..... ram das, air 1951 punjab 52, that saving clause saves remedies in respect of transactions completed prior to the ..... there is no reason or logic behind the proposition that incorporation of a saving clause in an emergency legislation is inconsistent with the object of the legislation. ..... maxwell says; 'a difference, indeed, has been said to exist in this respect between the effect of a saving clause or exception and a proviso in a statute. ..... however, where the enactment is clear, a saving clause can have no repurcussion on the interpretation of the main enactment so as to exclude from its scope what clearly falls within its ..... elaborating the scope of saving clause, the full bench of the court held that the saving clause is used to exempt something from immediate interference or ..... legislative intent is very clear and there is no saving clause in true sense of the term. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori73
..... it was always 'open to government to refuse to accept his explanation for keeping so much liquid cash in his house when he had already a post office savings bank account showing a balance of rs ..... concerned, by rules like rule 55 of the civil service (classification, control and appeal) rules was bodily lifted out of those rules and together with an additional opportunity as embodied in section 243 of the government of india act, 1935, so as to give a statutory protection to the government servant and has now been incorporated in article 311(2) so as to convert that protection into a constitutional safe-guard'.as to what is meant by 'rules of natural justice' to be followed in a departmental proceeding ..... bengal, air 1961 cal 1 (sb) it was observed that article 311 acts as a rider or limitation on the 'pleasure' in article 310.the full import of article 311 was also fully explained by their lordships of the supreme court in the aforesaid khemchand's case, air 1958 sc 300, where after considering the provisions of the service rules dealing with departmental enquiries against government servants such as rule 55 of the civil services (classification, control and ..... not strictly applicable in such cases and if government thought fit to act on the statement of sri. j.n. ..... he has been prosecuted in a criminal case for an offence under section 5(2) of the prevention of corruption act (act iii of 1947) the burden would have been shifted on him by section 5 (3) of that act to prove this fact. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori116
..... the commonwealth, 67 clr 116, running thus:'it is sometimes suggested in discussions on the subject of freedom of religion that, though the civil government should not interfere with religious 'opinions', it nevertheless may deal as it pleases with any 'acts' which are done in pursuance of religious belief without infringing the principle of freedom of religion. ..... right guaranteed under article 25(1), however, is not absolute, but has been expressly subject to 'public order', 'morality' and 'health' and 'to the other provisions of part iii of the constitution', we must, therefore, now advert to the act to find out whether its provisions which are alleged to infringe the right under this article are covered by the limitations provided therein or do indeed infringe the right.7. ..... has his lordship then was) delivered the iudfiment of the maiority saving:'now 'public order' is an expression of wide connotation and signifies that state of tranquillity prevailing among the members of a political society as a resultof the internal regulations by the government which they have instituted. ..... that its true nature is not concerned with provincial matters, but the question is not has it trespassed more or less, but is the trespass, whatever it be, such as to show that the pith and substance of the impugned act is not money lending but promissory notes or banking? ..... bank of commerce ltd.. .....
Tag this Judgment!Court : Orissa
Reported in : 1984(II)OLR854
..... shall grant the proprietor a permit in form iv.note-the security deposit may take the form of cash deposit, cash certificate, government promissory notes, savings bank account etc. ..... reads as follows :'sir,i beg to apply for grant of permission to pay the entertainment tax on the basis of returns under........section 5 (b) ------------------------the latter part of section 6(1) of the orissa entertainments tax act, 1946.i agree to furnish the security demanded for payment of the entertainment tax due from me and to furnish the returns of payment for admission to the entertainments under each class of ticket value in such ..... and legal position, to which our attention has been drawn, the revocation of the permits clearly suffers from the vice of arbitrariness and disregard of the authority to act justly and fairly which is writ large as the revocation was not preceded by any notice to the petitioners.the learned counsel refers of liberty oil mills and ors. v. ..... opportunity to be heard may not be pre-decisional, it may necessarily have to be post-decisional where the danger to be averted or the act to be prevented is imminent or where the action to be taken can brook no delay............there can be no tape-measure of the extent ..... the payment of the tax in the manner prescribed in clause (b) of section 5 or in sub-section (1) of section 6 of the act shall apply to the competent authority at least three days before the entertainment, in form iii furnishing details as to the place, date. .....
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR41
..... section 2(i) of the act defines 'loan' as follows : ' 'loan' means an advance whether of money or in kind or interest made by a moneylender and shall include a transaction on a document bearing interest executed in respect of a past liability and any transaction which in substance, is a loan, but shall not include,-- (1) a loan advanced by the state government or by any local body authorised by the state government or by a co-operative society; (2) a deposit of money in a post office savings bank or a deposit of money or other property in any other bank or in a company ..... or with a co-operative society; (3) the amount or the proportionate amount, as the case may be, payable under a mortgage by the purchaser at a sale in execution of a decree of a court or otherwise of the whole or part of the properties subject to a mortgage, the purchase having been made, prior to the coming into force of this act; (4) any loan ..... lenders only--a money lender shall not be entitled to institute a suit for the recovery of a loan advanced by him after the date on which this section comes into force, unless he was registered under this act at the time when such loan was advanced : provided that a money lender shall be entitled to institute a suit to recover a loan advanced by him at any time in the course of two years after .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT592
..... prosecution of judges and public servants : (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction: (a) in the case of a person who is employed or, as the case may be, ..... servants in terms of section 21 of the ipc, there is nothing on record that the petitioners were holding post from where they could not be removed from service except by or with the sanction of the government and as such, the contention of the learned counsel that for prosecution, a sanction was necessary under section 197 of the cr.p.c. ..... was at the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government;(c) in the case of a person who is employed or, as the case ..... bank does not hold a post wherefrom he could not be removed from his service except by or with the sanction of the government. ..... case of an officer of a nationalised bank, held the sanction under section 197 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori158
..... or postal savings bank account duly pledged in favour of the registrar ..... in the absence of any such cost being awarded, the whole of the sum shall be refunded to him within one month from the date of the award provided, however, that when the government makes reference for arbitration, no security deposit shall be required to be furnished. ..... arbitration tribunal, bhubaneswar (in short, the tribunal) holding that petitioner's dispute cannot be entertained unless security deposit is made, as it cannot entertain and proceed to act on any reference unless security deposit as prescribed is furnished by the contractor is under challenge in this writ application.2. ..... stating that it was not necessary for him to furnish such deposit, as reference in his case has been made to the tribunal under section 20(4) of the act in which it is to adjudicate the dispute, and cannot go beyond terms to ask for security deposit. ..... -i for adjudicating disputes raised between the petitioner and the state of orissa acting through the executive engineer, badanala irrigation project, badanala in the district ..... , sixth edition).obligation being of a mandatory nature, the tribunal was justified in holding that it cannot entertain and proceed to act on a reference unless security deposit is furnished.5. ..... and is as follows :a reference was received by the tribunal from the court of learned civil judge (senior division), bhubaneswar under section 20(4) of the arbitration act, 1940 (in short, the 'act') in o.s. no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori126; (2008)106CALLT26(NULL)
..... inoperative being occupied by the central legislation with effect from 18.12.1999, if the saving clause and the interpretation thereof as advanced by the government advocate is accepted, it would tantamount to hold that irrespective of the earlier declaration by this court that the state act became inoperative, yet, the state act and the rules framed thereunder will continue to govern and remain in force even beyond that period and that too until the 2007 rule was ..... paragraph, this court took note of the fact that whereas section 23c had been incorporated in the central act, 1957 by 1999, the same had empowered the state government to make rules for the purpose indicated therewith, yet, no such rule had till the date of the said judgment been framed by the state government and considering the said fact, this court expressed its anxiety by stating that it was expedient in public ..... learned counsel for the petitioner further contended that by framing the orissa rules, 2007 on 16.7.2007, in essence, the state government has admitted that the provisions of the orissa act, 1989 and 1990 rules framed thereunder, were no longer valid since they have been effectively rendered invalid with effect from 20.12.1999, i.e. ..... placing reliance upon rule 22, the saving clause, learned government advocate submitted that any action taken against the petitioner and the order passed under the orissa act, 1989 and 1990 rules are deemed to have been taken under 2007 rule. .....
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