Court : Orissa
Reported in : AIR1954Ori186; 20(1954)CLT417; [1954]24CompCas392(Orissa)
..... power of high court to decide all claims in respect of banking companies : the high court shall, save as otherwise expressly provided in section 45c have exclusive jurisdiction to entertain and decide any claim made by or against a banking company which is being wound up (including claims by or against any of its branches in india) or any application made under section 153, indian companies act, 1913 (7 of 1913) by or in respect of a banking company or any question of priorities or any other question whatsoever, whether ..... of an estate is a banking company under liquidation and the estate is taken over by the government under the provisions of the orissa act, two important questions arise :(i) who is the proper authority to investigate and determine the sum payable out of the total compensation to the mortgagee banking company? ..... the official liquidator of puri bank (under liquidation) for a direction from this court as to whether under sections 18 and 19, orissa estates abolition act (orissa act 1 of 1952) he should file a claim on behalf of the bank before the claims officer for determination of the amount payable to the bank out of the total compensation money due to the judgment-debtor whose estate has already vested in the state government in accordance with the provisions of the said act. ..... taken by this court in the execution proceeding, the mortgaged property vested in the state government on 22-1-1954 by virtue of a notification issued under section 3 of the o. e. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... the transference of the ownership of the estates from the proprietors to the state is brought about by the definition of the words 'estate', 'intermediary' and 'date of vesting' taken with the provisions of section 3 of the act, which empowers the state government to declare by notification from time to time that the estates specified in those notifications have passed to and become vested in the state free from all encumbrances. ..... the obvious result of section 5 (a) in so far as it relates to such buildings when taken with the saving provisions of section 6, and is also the clear implication of section 26(2)(iii) and section 27(l)(d) relating to compensation ..... . those three acts were: (1) an act respecting the taxation of banks; (2) an act to amend and consolidate the creditor alberta regulation act; (3) an act to ensure publication ..... their lordships on a consideration of the entire scheme of these acts and the effect produced by the first of these acts, pronounced the same invalid on the ground that the purpose and effect of the act was to legislate in respect of banks, a subject which was not within provincial competence, but ..... 'alberta case', (1939) a c 117 (z16), the taxing statute in question 'an act respecting the taxation of banks' was held to be unconstitutional because in its essence it was not a taxation measure at all but was merely part of a legislative plan to prevent the operation within the province of banking institutions brought into existence by the dominion parliament .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... court of wards, orissa, that sri brundaban chandra dhir narendra, proprietor of madhu-pur estate, in the district of cuttack, should be disqualified under sub-clause (iv) of clause (f) of section 10, orissa court of wards act (act 26 of 1947).and whereas the state government are satisfied that the said brundaban chandra dhir narendra is incapable of managing and unfitted to manage his estate, and it is expedient in the public interest that his properties should be managed by the court ..... the collector based on an inquiry under section 14 and the existence of a recommendation by the court of wards after taking into consideration the report of the collector, are conditions precedent for a declaration to be made by the provincial government under section 16 of the act irrespective of the nature of the opinion expressed either by the collector or by the court.if that is the position in respect of a case where the collector initiates proceedings suo motu, it appears to me to follow all the ..... it is admitted on behalf of the government that though the collector's report was dated 24-2-1951, and was in fact forwarded both to the revenue commissioner and the government simultaneously to save delay as appears from the very letter of the collector forwarding his report, the recommendation of the board comes in only on 1-12-1951 and the notification declaring the petitioner as disqualified is dated ..... purposes of the income tax', (1888) 21 qbd 313 (i & j); & --'colonial bank of australasia v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori83
..... any order made or deemed to be mads under any law in force in the state on the 3lst december, 1948 and relating to matters covered by this act shall continue in force so far as consistent with this act until repealed, modified, or altered by a competent authority under this act'.the rest of the section, as modified, does not fall to be considered here except for the purpose of interpretation by contrast, of the language employed which ..... , i cannot accept the contention advanced by the learned government advocate that section 17, keeping the order in force, would amount to as if the order was issued under the act and section 7 would make any offence of any contravention ..... enumerated and it should be noted that the clause does not contain any enumeration but contains description which, in my judgment, covers it, this repeal, however, leaves the position relating to the present supplies act, as applied to the district of mayurbhanj, unaltered on account of the saving clause, quoted above. ..... , the mayurbhanj act is not amongst those that are intended to be saved by the saving clause provided therein ..... this repeal is subject to the saving clause: 'but the repeal shall not affect any penalty, forefeiture, or punishment incurred in respect of any contravention of the said orders or notifications, permits, licenses or directions: or any investigation, legal proceedings or remedy ..... the purpose, is the modification ejected by repeal and re-enactment of section 17, which is as follows: 'savings. 17. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... its operation was limited to one year from the data of its commencement with a proviso that:'the provincial government may by a notification on a resolution passed by the bihar legislative assembly and agreed to by the bihar legislative council direct that the act shall remain in force for a further period of one year, with such modifications, if any, as may ..... lord macnaughten laid down the two following propositions in this connection; (l) if it was a matter which was more than one relating to procedure, that is if it touched a right in existence at the passing of the act, it could not be deemed to be retrospective in its effect according to a long line of decisions extending from coke; and (2) to deprive a suitor in a pending action of a right of appeal to a superior court which belonged to him, was ..... nor would it render invalid what was valid under the repealed order as the saving clause expressly says that it 'shall continue in force and be deemed to be done under the act ' it is by a legal fiction that anything done under a prior statute is deemed to be done under a later statute; and it is by just another legal fiction that we have to hold that although a provision corresponding to section 13 was not ..... an act to show that it is to have retrospective operation, it cannot be so construed as to lave the effect of altering the law applicable to a claim in litigation at the time when the act is passed, leeds and county bank v. ..... by their lordships in karnani industrial bank ltd. v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori99
..... the consent in writing of) the advocate-general, may institute a suit, whether contentious or not, in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the provincial government within (he local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree: (a) removing any trust; (b) appointing a new trustee; (c) vesting ..... the whole or any part of the trust-property to be let, sold, mortgaged or exchanged; (g) settling a scheme; (h) granting each further or other relief as the nature of the case may require : (2) save as provided by the eeligioua endowments act, 1863 (xx [20] of 1863), no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that ..... reliefs, enumerated in clauses (f) & (g) of sub-section (1) of the code, have, however, though not imported into the section, been provided for in the act otherwise than in section 54, that is, section 58 of the act deals with alienation of immovable trust-properties by way of sale, mortgage, exchange or lease, and section 33 vests the commissioner with the power of framing scheme of ..... i shall, in this connexion, refer to section 61 of the act, which prohibits the provincial government or any of its executive officers from undertaking or assuming the superintendence of any land or any other property ..... governs .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori89
..... it can be held that the high court of orissa while exercising jurisdiction in the states of bamra and kalahandi (which or outside the territorial limits of the province of orissa) is a 'high court' for the purposes of section 206, government of india act, it will not be competent for that high court to grant the certificate, nor will the federal court obtain jurisdiction to bear an appeal from the decision of that high court. ..... apparently, the legislature desired that the definition of the expression 'high court' in the federal court (enlargement of jurisdiction) act, 1947, should be in conformity with the meaning given to that expression in section 206, government of india act so that the appellate jurisdiction conferred by that act may be exercisable by the federal court over all classes of high courts contemplated by section 206. ..... 5 of the states order without any express provision in that order taking away the appellate jurisdiction of the federal court, the right of appeal under section 205, government of india act which attaches to the decisions of the high court of orissa in relation to the province of orissa likewise attaches. ..... so far as the high court of orissa is concerned, the effect of section 219 is that in whatever provision of the government of india act the expression 'high court' may occur, that expression should be construed as referring to the high court of orissa while exercising jurisdiction in respect of matters arising out of the province of orissa. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR384
..... decision relied upon by the department was directed against interim order passed in a writ petition by the bombay high court challenging issue of show cause notice under the foreign exchange regulation act, 1973 and foreign exchange management act, 1999, in which the hon'ble supreme court did not approve the practice of entertaining writ petitions questioning legality of the show cause notices stalling enquiries as proposed and retarding the ..... commits any of the offences, including offence under section 9(1)(bb), shall be punishable:(i) in the case of an offence relating to any excisable goods, the duty leviable thereon under this act exceeds one lakh of rupees, with imprisonment for a term which may extend to seven years and with fine:provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment ..... , as submitted, copy of the summon annexed to the anticipatory bail application shows that the petitioner has been cautioned that he would be liable to be punished under the act in case he fails to comply with the summon as the inquiry is deemed to be a 'judicial proceeding' within the meaning of sections 193 and 228 of the ..... reads:(1) any central excise officer duly empowered by the central government in this behalf shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making for any of the purpose of this act. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT269
..... to the standing order in question and its earlier decisions on the question, set aside the order of the division bench of the high court holding that the land acquired vests in the government absolutely free from all encumbrances and the unused land cannot be re-assigned or reconveyed to the original owner merely on the basis of an executive order.in state of haryana v. ..... the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 under which the instant acquisitions were made was repealed by the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) repeal act, 1994 without any saving clause and hence according to the interpretation of statute, it should be deemed that the said law was ..... are that in the year 1954-55 and subsequent to that, the state government acquired agricultural and homestead lands in the district of sundargarh and urgency clause was made applicable for speedy acquisition under the provisions of orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act, 1948 (hereinafter referred to as 'the act') for the development of industrfes, namely, establishment of rourkela steel plant and ..... lands would likewise be needed for post offices, banks, clubs, parks, cinemas, roads, police stations as also for cremation and .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT122; 2008(II)OLR911
..... authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the central government under this act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the central ..... government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this act to exercise those powers or perform those functions or take such measures.but in the case at hand it is an admitted ..... in annexure-2 on the ground that (i) the entire field including taxes and fees relating to regulation and development of mines and minerals has been occupied and regulated by the mmrd act with reference to entry 54 of list-i and there is no scope left for any state to legislate with reference to mineral-bearing lands or to impose any tax or fees under entry 23, 66, 49 or 50 of the list-ii; (ii) the imposition and ..... eagerness, zeal and endeavour of the learned advocate general to convince the court that even though there is no legal sanction, a judge-made law can save the situation. .....
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