Court : Orissa
Decided on : Jun-21-1971
Reported in : AIR1972Ori40
..... it must be established that the party has a right and the said right is illegally invaded or threatened. the existence of a right is thus the foundation of a petition under article 226.'this court had not found by entering into the merits of the case that the petitioner has a right which could ..... the scope of section 3 is that it saves 'provisions, restrictions, conditions and limitations over' which would be bad under the provisions of the transfer of property act, such as conditions in restraint of alienations or enjoyment repugnant to the nature of the estate, limitations offending the rule against perpetuities and the like.' the mines and ..... limitations and restrictions upon grants and other transfers of land made by it or under its authority'. section 2 enacts that the provisions of the transfer of property act do not apply to crown grants. then follows section 3 with a positive declaration that 'all provisions, restrictions, conditions and limitations over' shall take effect according .....
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1971
Reported in : 37(1971)CLT503
..... ) of sec. 73 of the act. 12. the act purports to provide for the better administration and governance of the hindu religious institutions and the endowments, and with that end in view has vested in the commissioner ..... judgment of this court (in air 1950 orissa 47 gadadhar ramanuj das v. province of orissa) challenging the vires of some of the provisions of the earlier act (orissa act 4 of 1939) was disposed of by the supreme court on 16-3-54. while disposing of that appeal and the connected writ petition under article 32 of ..... the pecuniary, property or beneficiary rights of the institution. sub-section (2), however, contains provisions to the contrary. by limiting the exemption to trustees appointed under the act, not only hereditary trustees, but the endowment or the deity itself mahants, persons having interest and the like are also kept out of the provision of sub-section (2 .....
Tag this Judgment!Court : Orissa
Decided on : Feb-16-1971
Reported in : 37(1971)CLT435
..... even infraction of the rules of procedure. the court always gives leave to amend the pleadings of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder he had caused injury to his opponent which may not be compensated for by an order of costs. however negligent or careless ..... that case are distinguishable and can have no application to the question that arises here. in that case, a notice was served under section 344 (2) of the act on certain persons to remove the alleged encroachments made on the public road belonging to the municipality. the encroachers filed a suit disputing the fact of encroachmentand seeking an ..... and 4 herein have filed a cross-appeal challenging the findings of the lower appellate court relating to the requirement of notice under section 349 of the orissa municipal act, acceptance of the survey-knowing commissioner's report and acquisition of valid title to the suit land by the plaintiff.6. i will now proceed to deal with .....
Tag this Judgment!Court : Orissa
Decided on : Jan-21-1971
Reported in : AIR1972Ori81; 37(1971)CLT251
..... house. the entire order of the controller gives an impression that he was satisfied that a direction for eviction under section 7 (2) of the house rent control act should be passed, and accepting the stand in the compromise he incorporated the term of compromise into the order and directed eviction. keeping in view the provisions of ..... the decree directing the tenant to deliver possession of the premises to the landlord was passed in contravention of section 13(1) of the delhi and aimer rent control act, 1952. that sub-section provided that: 'notwithstanding anything to the contrary contained in any other law or any contract no decree or order for the recovery of ..... the hon'ble court may be pleased to record the above terms and pass an order of eviction accordingly under section 7 (2) of the orissa house rent control act.' on the basis of the aforesaid petition at compromise on 23rd june 1966, the following order was passed by the controller:-- 'the petitioner jami bhimaraju and others .....
Tag this Judgment!Court : Orissa
Decided on : Jul-30-1971
Reported in : AIR1972Ori88
..... of law for redressing their grievance.the encroachment being objectionable case record submitted to s. d. o., pallahara for eviction under section 6 of o. p. l. e. act, 1954.'by an order (annexure-c) the appeal to the s. d. o. was dismissed on 20-7-1966.the petitioner's revision before the additional district magistrate (executive ..... 3 being integrally connected with section 6 cannot stand in isolation even after the amendment.(iv) the procedure for eviction and levy of penalty and assessment under the act imposes unreasonable restrictions on the right to property and is hit by article 19(1)(f) and article 31 of the constitution as no suit can be filed either ..... of 1970 (orissa), (hari sahu v. union of india) we have held that if the particular sections of a statute which constitute the very core of the act are struck down as being unconstitutional and void, then the rest of the sections which are merely ancillary to those sections and cannot independently survive must also be struck down .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-1971
Reported in : AIR1972Ori119
..... expl. 4 to 11 observed :'the argument that expl. 4 to 11 does not apply to proceedings under section 47, as i have already said is without foundation and it seems to me therefore quite clear that there not having been a decision on this point none-the-less the question whether the sale was void or ..... application and also the present execution application would be in time. the onus to prove such payment was admittedly on the decree-holder. section 3 of the limitation act provides that every application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. this provision is, therefore, imperative ..... a preliminary mortgage decree on june 26, 1947. the property mortgaged was an estate and included both bakasht lands as well as other lands. the bihar land reforms act came into force sometime after the preliminary decree. the decree-holders filed petition for passing a final decree on september 19, 1955. the estate mortgaged vested in the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-27-1971
Reported in : AIR1972Ori17
..... are based upon agreements between the parties are hit by the provision of section 69.' though such agreement may be implied, yet 'agreement' is the very foundation of partnership. the aforesaid bench decision approved the dictum laid down in the allahabad high court in the case of mirza nairn effindi v. firm kohinoor footwear ..... indicated, he found that maliram gourishankar was a partnership firm and in view of the admitted position that there is no registration under the indian partnership act. the suit was bad.there is no documentary evidence to show that the plaintiff maliram and one gourishankar constituted a partnership firm under the name and ..... the written statement that 'the plaintiff and one gourishankar are partners. maliram-gourisharikar is a partnership firm. the same having not been registered under the partnership act and the goods havins been purchased on cash the suit is not maintainable in law. the dealings are with the firm maliram-gourishankar. the other partner .....
Tag this Judgment!Court : Orissa
Decided on : Feb-15-1971
Reported in : 37(1971)CLT383
..... case. the learned single judge of the patna high court was construing the provisions contained in section 11-a of the bihar buildings (lease, rent and eviction) control act 3 of 1947. that provision is to the following effect:--'if in a suit for recovery of possession of any building the tenant contests the suit, as regards claim ..... relationship of landlord and tenant existed between the parties, for disposing of an application under section 11 and passing an order thereof under section 11 (4) of the act.in view of the difference in the statutory provisions we are not in a position to find any assistance for mr. ramdas from the principle laid down in the ..... eviction.this direction of the appellate authority is impugned in this writ application as being without jurisdiction and as being contrary to law.4. section 7 (3) of the act provides as follows :'when an application is made for the eviction of any tenant on the grounds specified in clause (i) of sub-section (2) the tenant shall .....
Tag this Judgment!Court : Orissa
Decided on : Apr-16-1971
Reported in : AIR1972Ori68
..... to refer to copious authorities and the matter is fully concluded by the aforesaid decision that the entire field of the exercise of control is indicated in the act and the act falls fairly and squarely within the ambit of entry 54 in list i. the control is plenary even though the state has proprietary interest in mines and minerals ..... role as the proprietor of the mines and minerals over which the central government has exercised arbitrary power. we have already said that after the passing of the act the exercise of the control by the central government is plenary and the field in which legislation has been passed by parliament has been removed from the power of ..... had been keeping vast areas reserved for a long time without having any immediate scheme for mining them and the area in question was simply lying idle. the act and the rules are constitutional and the high court of orissa has no jurisdiction as under article 131 of the constitution any dispute between the state and the union .....
Tag this Judgment!Court : Orissa
Decided on : Nov-29-1971
Reported in : AIR1972Ori188
..... and his establishing one or other of the recognized grounds for quashing. the necessity for judicial scrutiny when a person comes to court complaining against an act of commission or omission of an administrative authority regulating trade, business or occupation under law which prejudicially affects him, springs from the concept of supremacy of ..... the powers which the commissioner may exercise and the duties which he may perform under this section must be in regard to matters not otherwise provided in this act and in areas not otherwise covered. section 28 deals with commissioner's powers to suspend, remove, or dismiss a trustee whether hereditary or non-hereditary of ..... in the matter. 7. two questions have been raised by learned counsel for opposite partyno. 1. first section 7 of the orissa hindu religious endowments act confers an absolute discretion on the endowments commissioner in the matter of passing interim orders as may be deemed necessary for the proper maintenance of a religious .....
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