Court : Orissa
Reported in : AIR1992Ori242; 74(1992)CLT927
..... ilr (1973) cut 1004 and the case of governing body, dav college v. padmanabha padhy, air 1988 sc 612 holding that section 7 of the orissa education act, 1969 refers to managing committee or the governing body for every private educational institutions. i mention this because before the court in those cases decided to issue writ against ..... by the utkal manila samiti, which is a registered society, with the primary object of uniting and bringing awakening amongst women of the state by undertaking various acts and projects. the society was registered in 1971 and the present hostel was constructed in 1979. we understand from shri mohapatra that the idea behind taking up this ..... , they are amenable to the writ jurisdiction of this court on the ground that they are discharging public duty. this court has referred to section 4(4) of the orissa education act, 1969 and stated that all existing educational institutions shall be deemed to have been established in accordance with the provisions of the .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT598
..... the body of the judgment, the appellate court has held that there is absolutely no proof of bona fide need of the landlord as required under the provisions of the act but, in fact, the lower appellate court has confirmed the judgment of the house rent controller in toto without any modification. thus, in our view, the finding on the ..... due from him or the landlord upto the date of such payment or tender and on such payment or tender the application shall be rejected. *** *** ***(4) the landlord may, subject to the provisions of this act, apply to the controller for an order directing the tenant to put him in possession of the house, if he requires the house in good faith ..... the house for a purpose other than that for which it was let out; or(iii) that the tenant has committed such acts of damages as are likely to impair materially the value or utility of the house; or(iv) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori210; 43(1977)CLT465
..... of opposite party no. 1, the decree for eviction on the ground of remodelling alone is thus not sustainable in law and is beyond the scope of section 7 (4) of the act. 5. in mohamrnad sikandar's case (air 1975 orissa 130 (fb)) referred to by the learned counsel we find that this aspect of the matter has specifically been ..... that requirement was not proved, the basis for the plea vanished. we see force in this submission of the learned counsel. section 7 (4) of the act reads as under:-- 'the landlord may, subject to the provisions of this act, apply to the controller for an order directing the tenant to put him in possession of the house, if he requires the house ..... the petitioner that mere remodelling of the house without the proof of any 'requirement' by the landlord did not justify the grant of a decree of eviction under section 7 (4) of the act. reliance in support of this contention was placed on (1975) 41 cut lt 460: (air 1975 orissa 130 (fb)) (h. . mohammad sikandar v. badrunissa bibi .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori215
..... the document and therefore this is not a case which strictly calls for cancellation of a document and does not give rise to the application of section 7(iv-a) of court-fees act.9. there is a peculiar feature in this case. on 5-1-1959 bachha executed the settlement deed in favour of the plaintiff, which has been marked as ..... being not a party to the document (ext. b) was not bound to have it cancelled in order to succeed in her suit; the provisions of section 7(iv-a) of the court-fees act as amended in orissa, therefore, do not apply to the facts of the present case. in any event, the lower appellate court having not permitted the defendant ..... specifically raised and had erroneously been determined by the trial court. to the facts of the present case section 7(iv-a) of the court-fees act as amended in orissa was directly applicable. one of the prayers in the suit was for a declaration that ext. b was not binding on the plaintiff. therefore, the learned .....
Tag this Judgment!Court : Orissa
Reported in : 45(1978)CLT638; [1979]43STC364(Orissa)
..... district judge held that the notice of demand along with a copy of the order of assessment had not been served on the appellant as provided by section 13(4) of the act and the amount was, therefore, not recoverable as arrears of land revenue. accordingly, he allowed the appeal, reversed the decree of the trial court and held ..... additional district magistrate, but obtained no relief. he ultimately filed this suit on the allegation that no notice of demand had been served as provided in section 13(4) of the act and, as such, the alleged demand had not become recoverable as an arrear of land revenue. the certificate officer had no jurisdiction to entertain the certificate and ..... , he had duly submitted his return along with evidence showing payment of admitted tax. no order of assessment or notice of demand as provided in section 13(4) of the act had ever been served on him and though the plaintiff was not a defaulter, proceedings were taken to recover the amount as a public demand from him. he .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori233
..... the existence of relationship of landlord and tenant between the parties is a matter to be decided by the civil courts cannot hold good in the context of the relief act, which contains a specific provision like section 11. it is contended by mr. roy appearing for the appellants that a dispute regarding the identity of thetenant in cultivation ..... favour of the plaintiffs. all the findings recorded by the trial court were affirmed in appeal by the learned district judge. hence this appeal by defendants 8 to 19.4. the concurrent findings of the courts below on the question of fact are not assailed before me. the only ground urged at the time of hearing of this appeal ..... with their possession and for damages. defendant no. 1 is a deity represented by the marfatdar defendant no. 2. defendant no. 3 is the endowment commissioner and defendants 4 to 7 are trustees appointed by the commissioner in respect of the deity. the case of the plaintiffs is that the ancestors of the defendants 8 to 19 had taken .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori223
..... previous litigation is that : the plaintiff has no locus standi and thus has no cause of action for a claim against the estate of borojo gantayat for maintenance as alleged.4. if the court is to dismiss an application to sue in forma pauperts on the ground that there is no subsisting cause of action, it must be able to draw ..... is shown; the jurisdiction does not extend to trial of issues which must fairly be left for decision at the hearing of the suit.3. in the present case, paragraphs 4, 5, 6 and 7 of the plaint in the proposed suit for which leave to sue as pauper was filed by the petitioner are these ..... ;'4. the borojo gantayat and the defendant no. 2 lived openly and renouncely (sic) to all men in the whole world at large as man and wife and the plaintiff who .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori257
..... 00 towards rent for 1966 which was refused by opposite party no. 1. on 4-10-1967 opposite party no. 1 filed the petition for eviction under section 7 (1) and (4) of the orissa house rent control act, 1967 (hereinafter to be referred to as the act), on the grounds that the tenant was in arrears of rent and the landlord ..... for eviction were not established. he, however, directed eviction as the tenant had not deposited the admitted arrears of rent as required under section 7 (3) of the act. the tenant has filed this writ application for quashing the appellate order as haying been passed illegally in exercise of jurisdiction.on behalf of the landlord a counter has been ..... the consequence of eviction.the proviso quoted already can only come to the protection of the tenant if he can establish that the default that he made was not wilful,4. till 1958 the tenant was paying monthly. subsequent thereto the payment appears to have been made about a year after. the tenant accordingly set up a plea that .....
Tag this Judgment!Court : Orissa
Reported in : 66(1988)CLT179; [1988]173ITR300(Orissa)
..... it was held that the deceased had only 1/5th share in the undivided residential house which was exempt under section 33(1)(n) of the act and the value of the balance 4/5ths share of the house property could not be taken into consideration for the purpose of determination of the net principal value of the estate of the ..... a partition between the coparceners. therefore, the views expressed by the lower forums were correct. but the tribunal differed from the views and considering the provisions of the hindu succession act, 1956, came to hold that although a wife cannot demand a partition, yet, if a partition does take place amongst her husband and sons, she would be entitled ..... a residential house at rs. 47,500 and allowed exemption in respect of l/5th share of the deceased under section 33(1)(n) of the act, but included the value of the balance 4/5ths share in the house of other coparceners. on appeal, the appellate controller of estate duty confirmed the same, but reduced the valuation of the .....
Tag this Judgment!Court : Orissa
Reported in : [1975]35STC152(Orissa)
..... tax officer, jeypore-one in respect of the regular assessment on 27th december, 1965, for quarters ending 31st december, 1961, to 31st march, 1963, under section 12(4) of the act amounting to rs. 5,302.10 including interest and the second one on 31st january, 1968, for recovery of a sum of rs. 19,191.60 including interest in ..... the liability on grounds specified therein. the second stage comes when such a petition under section 8(1) is disposed of under section 9. under chapter iv of the p. d. r. act there is provision for reference to civil court. under section 42, the certificate-debtor can file a suit in a civil court to have the certificate ..... procedure for execution of decrees. further the orders in the certificate proceedings can be questioned in a civil suit as provided under chapter iv of the o. p. d. r. act and that the p. d. r. act itself makes provisions for appeal, revision and review which excludes the apprehension of any arbitrary exercise of powers.the matter was before .....
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