Court : Orissa
Reported in : AIR1963Ori155
..... . shama rao, air 1956 sc 593, their lordships held that evidence let in on issues on which the parties actually went to trial should not be made the foundation for decision of another and different issue which was not present to the minds of the parties and on which they had no opportunity of adducing evidence. but that ..... relied upon a decision of the privy council reported in rajrup koer v. abdul hossein, ilr 6 cal 394 (pc), and held that the provision of the limitation act regarding the acquisition of right of easement was not exhaustive and such right may be acquired by long enjoyment which under the circumstances of each case may lead to ..... plaintiff's version regarding theparticular route by which the water was to flow thoughhe negatived the plaintiff's case of right of easement under section 26 of the limitation act or under section 15 of the easementsact. he decreed the plaintiff's suit holding that the plaintiff had obtained the right by presumption of lost grant.the appellate court .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR342
..... ) 1998, -578 (c) of 1998 and 1956 (c) of 1998 declaring section 3 of the orissa medical education service (appointment of junior teachers validation) act, 1993, i.e. orissa act, 11 of 1993 (hereinafter referred to as 'the validation act') ultra vires the constitution. the tribunal as a consequence has quashed the seniority assigned to those applicants who filed the aforesaid original application before it ..... all those who have been appointed on the recommendation of the commission. there is another such validating legislation i.e. orissa act 10 of 1993 orissa medical service (appointment of assistant surgeons validation) act, 1993] under which 159 assistant surgeons appointed in the state medical and health services on ad hoc basis during the year 1983-88 without recommendation of the commission were declared .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT521; 2003(I)OLR51
..... s title or right to ' possession of the land but leaves the question to be decided in due course of law. as has already been stated, the foundation of a magistrate's jurisdiction is apprehension of breach of the peace. with that object in view, a temporary order is passed under section 145, criminal procedure code with ..... 145 criminal procedure code was not without jurisdiction. the final order under section 145, criminal procedure code is, however, subject to the result of the litigation in the proceeding under the act. it is an order of interim nature and comes to an end the moment the right, title and interest of the parties are declared by a court ..... . it speaks of eviction through a court of competent jurisdiction. dispute between a landlord and bhag tenant is cognizable by the revenue court as provided under the act. the effect of the final order under section 145, criminal procedure code in between a landlord and a bhag tenant can be set at naught by appropriate proceedings before .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori181; 42(1976)CLT507
..... v. madan gopal, 1952 scr 28 = (air 1952 sc 12) this court has ruled that the existence of the right is the foundation of the exercise of jurisdiction of the court under article 226 of the constitution. in charanjit lal chow-dhuri v. union of india, ..... the petitioner has to make out that he has a legal right by virtue of which he is entitled to a particular act being done by the opposite parties or to require that they shall not do a thing which may prejudicially affect his right ..... ceased to be an employee of the n. a. c. the appeal filed by him under section 77 of the orissa municipal act was dismissed on the ground of limitation, but on a further representation government reviewed the case and felt that their previous letter ..... on which he was relieved (vide annexure k/3). opposite party no. 3 preferred an appeal under section 77 of the orissa municipal act which was rejected by the state government on the ground of limitation (vide annexure 3). but on a subsequent representation to the chief .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... an extraordinary issue of the orissa gazette the notification reads:'in exercise of the powers conferred by sub-section (3) of schedule , orissa house kent control act 1947 (act v [5] of 1947), the governor of orissa is pleased to direct that it shall come into force in the areas specified in the schedule annexed ..... is more reasonable, more consistent with ordinary practice, and less likely to produce impracticable results. sulaiman j. observed at p. 37 as follows :'undoubtedly an act in its operation may be retrospective and yet the extent ot its retrospective character need not extend so far as to affect pending suits. courts have undoubtedly leaned ..... contravenes any of its provisions, and the punishment follows the liability. if he incurs the liability to be prosecuted he may incur the punishment prescribed by the act. i cannot persuade myself to agree with the contention that the words 'liability incurred' should be understood as referring to the petition having incurred the liability .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT161; 1993(II)OLR194
..... of revenue, u. p. : air 1985 sc 39. it dealt with the question in the context section 49 of the u. p. consolidation of holdings act, 1993, which had barred civil court's jurisdiction. after noting the section in paragraph 16, the court raised the question as to whether once the allotment had become ..... filed or under contemplation. reference was then made to section 37 and it was opined that the application filed by the aggrieved party may be the foundation or the information on the basis of which the consolidation commissioner may decide to exercise his power. it was therefore concluded that reading the provisions ..... and provisions have been made for filing objection, appeals and revisions against the objections. the legislature, therefore, thought in its wisdom that certain authorities under this act namely the consolidation officer, the appellate authority, the director of consolidation and the commissioner to exercise the original, appellate and revisional jurisdictions. the powers are .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... by holding meetings and also appearing as a witness before the delimitation commission at puri; that during his term of office as a memberof the assembly he laid foundation for the salia project and some work had been done in it; and that recently it was included in the second five year plan for completion. mr. ..... the burden of proving that the result of the election has been materially affected on the petitioner who impugns the validity of the election, though under the english act (ballot act, 1872, section 13), the burden is upon the respondent to show the negative, i.e., that the result of the election has not been affected. in ..... the judgment of the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, respondent no. 1, from the daspalla double- .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR78
..... the education department of the state government'. while considering the said question this court also took into consideration of the provisions laid down contained in aicte act and orissa act as amended in 1991 as well as the entry no. 25 of list - iii of the 7th schedule came to the following conclusion :'let ..... present case.7. at this stage it is profitable to refer to a decision of this court in sanjaya memorial institute of technology v. state of orissa, 1993 (ii) olr 435. in the said case sanjaya memorial institute of technology, which is a private engineering college assailed the validity of the section 2(i ..... courses of study in engineering, technology, architecture, mining, fine arts, law, management, etc. referring to the aforesaid three definitions appearing in section 3 of the act, it is submitted that institutions imparting technical and professional education includes the course of study in engineering and are brought within the definition of educational institution. therefore, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori306
..... the items so purchased and in that sense his leg preventatives. as regards contention (b), learned counsel for appellants has cited authorities to show that where the basis or foundation of a decree vanishes, the decree itself becomes inoperative and in executable and that this objection can be raised in execution under schedule . 47, 0. p. c ..... ceased to be executable by the operation of a statute. this position admits of no doubt. for example there are some provisions in the orissa, money lenders act (see sections 11 and 17) which say that some decrees shall be deemed to have been satisfied under certain circumstances. no executing court can execute a decree ..... case therefore it will be of mere academic interest to discuss the various conflicting decisions regarding the effect of sections 52 and 100 of the transfer of property act, when a property is purchased during the pendency of a litigation regarding the creation of a charge on the said property by a maintenance decree (see gangabai .....
Tag this Judgment!Court : Orissa
Reported in : [1991]81STC357(Orissa)
..... despite its innocuous look in effect it operates unevenly on persons similarly situated the necessary factual basis has to be established. the petitioners have not laid the basis/foundation on which the superstructure can be built. however, shri agarwal, learned counsel for the petitioners, submitted that the provision works out discrimination inasmuch as a registered ..... the state of any declared goods and such goods are sold in the course of inter-state trade or commerce and tax has been paid under the act (cst act) in respect of the sale of such goods in the course of inter-state trade or commerce, the tax levied under such law (state law) ..... for purposes other than those specified in his certificate of registration, the price of goods so utilised shall be included in his taxable turnover.' after amendment : 'in this act, the expression 'taxable turnover' means that part of a dealer's gross turnover during any period which remains after deducting therefrom : --(a) his turnover during that .....
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