Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... list (item 20 of list ill) in the government of india act, 1935. from a perusal of the various provisions of the motor vehicles act, 1939, it will be clear that the act wag passed with the main object of controlling motor traffic, controlling drivers, providing for compulsory insurance and for securing the safety and convenience ..... of the public and developing a co-ordinated system of transport. chapter iv of that act deals with control of transport vehicles, ..... maintenance of roads. as stated by my learned brother, the motor vehicles act is concerned with traffic and the local boards act with roads. it would not be legitimate to construe the provision of schedule 2, motor vehicles act, dealing with traffic, as giving to the permit-holder a right to the use of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... challenged to be illegal and void, was based on the definition of 'newspaper establishment' found in section 2(d) of the act. 'newspaper establishment' is there defined as 'an establishment' under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or ..... electric project, is in orissa. that is to say, the place wherefrom the project is being controlled is in orissa -- the power house which generates electricity is in orissa -- the machinery, works etc. are all in orissa. the act does not contemplate a joint reference by two governments. in fact, no joint appropriate government is contemplated ..... (act xiv of 1947) means :'(i) in relation to any industrial dispute concerning an industry carried oh by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
..... a law does not provide for transfer of the ownership or right to possession of any property to the state, or to a corporation owned by or controlled by the state, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property notwithstanding that it deprives any person of his property.' ..... amount of the compensation or specifies the principles on which, and the manner in which it is to be determined.' though, in the government of india act there was no separate chapter dealing with fundamentalrights as in the constitution (part iii) nevertheless the report of the joint parliamentary committee shows that some of ..... the aforesaid division bench decision of this court because after the delivery of that judgment on the 17th march 1955, parliament, by the constitution (fourth amendment) act of 1955 amended clause (2) of article 31 of the constitution. according to him this constitutional amendment had the effect of removing the unconstitutionality attaching to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori121; 1961CriLJ133
ORDERR.L. Narasimham, C.J.1. This is a reference by the Sessions Judge of Sambalpur recommending the setting aside of an order dated 18-2-60 passed by a First Class Magistrate of Uditnagar directing delivery of possession of certain lands io the second party (opposite party in this proceeding),2. The disputed lands were the subject matter of a regular proceeding under Section 145 Cri. P. C. before the said Magistrate, in MiscellaneousCase No. 602/T-435 of 1959. The lands were attached during the pendency of the proceeding. The learned Magistrate eventually dropped the proceeding under Section 145 Cri. P. C. on 18-1-60 observing that he was not inclined to believe that there would be any fresh breach of peace between the parties and that they might get their dispute decided by the Civil Court.On the question of possession lie held that neither party was in actual possession as the disputed lands were cultivated by tenants. He also observed that neither party threatened to dispossess the...
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori202
..... of the company, arising out of group factions in the directorate of the company, where the petitioner's rival groups are alleged to have acted with the ulterior motive of gaining voting power to obtain control of the company for the said rival groups and their nominees to the exclusion of the petitioner, his group and his nominees, in the ..... object of the rival groups is said to be to obtain realignment of the shareholding, in a manner so that they can control over 75 per cent of the voting power; that in view of the wrongful acts of the rival groups who had combined together, there has arisen a justifiable lack of confidence on the part of the ..... under section 397. the remedy under section 397--substantially the same as under section 210 of the english companies act, 1948,--is of undoubted value and has already been extensively and effectively invoked as a threat to induce those in control to behave reasonably towards all interests; as a weapon in the share holder's armoury it will probably .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori1
..... for the appellant relied upon another case reported in 1962-1 all er 881, maddox v. storer to show how the word 'adapted' has been understood in the english road traffic act of 1960. it was observed by lord parker, c .j. that the word 'adapted' standing on its own, is susceptible of meaning only 'fit and apt for the ..... not establish that they were intended or adapted for use on the road within the meaning of the words in section 1 of the road traffic act, 1930, or section 36 (1) of the road and rail traffic act, 1933. he held that there was nothing to distinguish the case before him from the scottish case in any material particulars. he said: ..... also require a cerificate of fitness as is required for a transport vehicle under section 38 (1) of the act. chapter v of the rules makes specific provision for construction of equipments and materials of motor vehicles. rule 120 controls and regulates the over-all length of an articulated vehicle such as a tractor to which a trailer is attached. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori176; 34(1968)CLT594
..... conferred by section 19 (in chapter iii constitution and composition of state councils) of the act, the orissa state government constituted the state council of pharmacy consisting of thirteen members including the director of health services and drugs controller of orissa as ex-officio member and the petitioner as one of the members on april 12 ..... . 1966 the petitioner was elected president of the council under section 23 of the act from among the members thereafter, the petitioner, as president wanted charge ..... interpretation of statutes, eleventh edition, page 397.15. in support of this contention, reference was also made to similar provisions in other statutes including the electricity (supply) act, 1954 (act ltv of 1948). section 1 (3) and (4) of that aet so far as material, provides as follows:'1. x x x x x x x(3 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori263
..... not touch the fringe of the problem. it is true that the district election officer or the chief election officer, who is an officer of the state, acts under the control of the election commission in discharge of his duties as an electoral officer. but the point for consideration is whether the collections made by the district election officer in ..... the preparation and printing of electoral rolls; xx xx xx 6. it would thus be apparent that though doubtless the chief election officer and the district election officers act under the control of the election commission of india and though under article 284 of the constitution and the rules of the representation of the people ..... act amounts payable to union of india would be credited to the union of india, it was found difficult to maintain separate accounts of expenditures and receipts. for convenience .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
..... hampered by any such old fashioned notions regarding the sanctity of engagements. ............'courts uphold the sanctity of engagements and unless required either expressly or by necessary implication to act otherwise, compel parties not to wriggle out of solemn engagements. (see randolph v. milman, (1868) 4 cp 107; western counties railway co. v. windsor ..... shall not, as far as practicable and after taking credit for any subventions from the state government under section 63, carry on its operations under this act at a loss, and shall adjust its charges accordingly from time to tune: provided that where necessary any amounts due for meeting the operating maintenance ..... petitioner to draw energy from the thermal source.8. the board had tried to justify its action by relying on several provisions of the act. the preamble of the act indicates the purpose of the statute to be provision for 'rationalisation of the production and supply of electricity and generally for taking measures conducive .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori146
..... lands which after abolition of thicadari system in the ex-patna state had been given to the gram panchayats, and were subsequently brought back to the control of the revenue department by the above mentioned government order, should be settled with the landless persons in accordance with the existing lease principles. it ..... includes also the successors in interest of such persons but not a farmer or thekadar, (this definition was introduced in the patna state land. revenue (amendment) act, 1942 (act viii of 1942)). (xvii) 'tenure-holder' means and includes a zamindar, khorakposhakdar, umrao, an asli or shikmi thekadar and a muafidar holding a sanad ..... the presence of seal. witnesses (1) sd/- sobnath thikadar rajibhata (2) sd/- narasingha sahuvill. laherjuri. seal sd/- illegible signature of the commissioner, northern division, orissa acting in the permises for and on behalf of the governor of orissa.in the presence of witnesses (1) sd/- illegible dy. collr. (2) sd/- somanath panitahasildar.' .....
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