Court : Orissa
Reported in : 2005(I)OLR168
..... must obviously prefer a construction which renders a statutory provision constitutionally valid, viable and operative rather than that which makes it void and inoperative. the amendment to the 1981 rules introduced by the impugned notification dated 18th october, 2001 substituting rule 8(2)(b) clearly stipulates :-'the family of a pensioner ..... hearing of the earlier cases.13. on 5th of december, 1989 the orissa aided educational institutions (non-govt. fully aided primary school teachers) retirement benefit (amendment) rules, 1989 was introduced which came into force from 1st day of september, 1988. in consonance with the said rules, an employee was eligible for ..... 18th october, 2001. by the said notification, the government in exercise of power conferred under section 27 of the orissa education act sought to amend the orissa aided educational institutions employees' retirement benefit rules, 1981 by introduction of the orissa aided educational institutions employees' retirement benefit .....
Tag this Judgment!Court : Orissa
Reported in : 66(1988)CLT456; [1988]71STC25(Orissa)
..... works contracts were omitted. since then various states lost the scope of augmenting their revenue from that source and accordingly, after deep deliberation constitution was amended by the 46th constitution (amendment) act on 2nd february, 1983. without making any change to the definition of 'goods' in article 366(12) and the power of the state ..... ;(iii) to (vi) ... this became the subject-matter of challenge in various writ applications in this court. during the hearing of the writ applications, the act was amended by ordinance no. 2 of 1985 and a new definition clause was added as 2(jj) to define 'works contract'. it reads as follows :(jj) 'works ..... . 1. in these writ applications under article 226 of the constitution of india levy of tax under the orissa sales tax act (for short 'the act') amended in the year 1986, pursuant to the 46th amendment of the constitution is assailed by various petitioners from whom the assessing authorities claimed 'tax in respect of their business of works .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR145
..... no. 2 had more than two children at the time of nomination. by act 6 of 1994 (the orissa grama panchayat (amendment) act, 1994) (in short, the amending act') the act of 1964 was amended. the amending act became operative from 18.4.1994. section 25 of the act has been amended by section 12 of the amending act, and sub-section (v) has been inserted to provide that a person ..... the proviso to the newly added provision provides that the new provision would be applicable to persons begetting any additional child after one year of the commencement of the amending act which came into force as indicated above from 18.4.1994. the real controversy therefore was whether opposite party no. 2 had given birth to a third child ..... took birth from the womb of o.p. no. 2 after 18.4.1995, one year after the commencement of orissa act 6 of 1994 on 18.4.1994.'para 3 of amendment petition'that the amendment of date from 23 to 28 is required to be done for the ends of justice and just decision of the case.'this .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT128; 1993(I)OLR519
..... serve upto 31st december, 1985 it is because of this alone that in the main provision of the principal act, which has stated about termination after 31st december, 1984, the date came to be mentioned by the amending act as 31st december, 1985 and as teachers whose services would have been terminated after 31st december, 1985, ..... would not have been in service when the principal act came into force, which was on 29th may, 1989. it was thought necessary ..... are entitled to the benefit of validation and regularisation conferred by the orissa aided educational institutions (appointment of teachers validation) act, 1989 (orissa act 9 of 1989 (for short, 'the validation act''), as amended by orissa act 18 of 1989.3. before examining that point at issue, we may say a few words about the need being .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT169
..... board of revenue rules, 1959 and orissa revenue divisional commissioners rules, 1959 and in the light of the above, he submitted that the government without amending the aforesaid acts and rules suitably to the extent necessary, cannot go for integrating of settlement and consolidation organizations with tahasil administration by completely dismantling the existing set up. ..... , is liable to be interfered with and struck down.8. mr. patnaik placing reliance on a decision of the supreme court in the case of federation of railway officers association and ors. v. union of india : [2003]2scr1085 , stated that judicial review of govt. policy is permissible, though in a very limited manner ..... not interfere.the aforesaid decision of the apex court has been reiterated and reaffirmed by the subsequent decision of the supreme court in the case of federation of railway officers association and others v. union of india : [2003]2scr1085 , in which it has been held as follows:12. in examining a question of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori13; 50(1980)CLT204
..... the term of office being within the ambit of the rules and when the rules can be amended retrospectively, the amendment cannot be challenged to be ultra vires the act, inasmuch as no fetter has been put by the act on making provision in the rules relating to the term of office of the chairman. in any ..... is not competent to make the rule retrospective in operation.7. the question for consideration is whether the amended rule has retrospective operation. 'retrospective' means looking backwards; having reference to a state of things before the act in question. a retrospective statute contemplates the past and gives to a previous transaction some different legal ..... the stand taken by the state government is that the amended rule has no retrospective effect and has not retrospectively affected any vested right of the petitioner.3. section 5(1) of the road transport corporations act, 1950 provides that subject to rules made under the act, a corporation shall consist of a chairman and such number .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori58
..... commencement of the enquiry, he could compel the tribunal to take the assistance of an assessor and that right cannot be taken away by any subsequent amendment unless that amendment is expressly given retrospective effect. in my opinion, once an assessor is co-opted by the tribunal his influence on its decision is bound to be ..... 2 ch 377, re hale's patent, cited at page 228 of maxwell, tenth edition. there it was held that section 8 of the patents and designs act 1919 which substituted 'the court' for the 'treasury' as the tribunal to determine the compensation payable for the use of a patent by a government department and ..... orissa on 21-9-1951 with a view to supplement the existing provisions relating to departmental enquiries against the delinquent government servants, charged with corruption or other acts of misconduct. the rules provide for the constitution of an independent tribunal to conduct the departmental proceeding and submit its recommendations to the government which would pass .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... larger amount by applying the new rate of rs. 200 as per annexure-2 dated 2.2.1995. it is submitted that the parent act of 1959 as well as the impugned amending act, 1993 (act 3 of 1994) are in applicable to mining establishment of the petitioner for the reasons elaborated hereinafter in the grounds of the writ petition.4 ..... have been duly approved by the governor.8. mr. das, learned senior counsel appearing for the petitioner raised various contentions regarding constitutional validity of the orissa act no. 3 of 1994 (the orissa irrigation (amendment) act, 1993) and submitted that the use of water from a natural stream for mining purpose was covered under the mmrd ..... from time to time which is binding on the applicant. learned counsel further submits that this water rate has been revised in the schedule to the orissa irrigation act by amendment carried out in the year 1994 and in terms of clause 5 of the agreement, the petitioner-sail (rmd) was liable to pay such enhanced charges which .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... the election cf the returned candidate has been materially affected as provided in clause (d) of sub-section (1) of section 100, section 100 of the act, as amended by act 27 of 1956 under which the improper rejection of a nomination was placed on a different footing from the improper acceptance of a nomination (sic). section 100 before ..... the election has been materially affected by the improper acceptance or rejection of any nomination,the tribunal shall declare the election to be wholly void'. section 100 as amended by act 27 of 1956 with regard to this aspect is as follows:'100. grounds for declaring election to be void- (1) subject to the provisions of sub-section ..... and develop local self-government in the village communities of the province of orissa and to make better provision for their administration. under section 6 of the act, as amended, every grama sasan shall be a body corporate by the name of the grama for which it is constituted and shall have perpetual succession and a common .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2909; 2008(I)OLR666
..... which occurred in various places in the state more specifically in huma area of ganjam district during the period from 16th march to 19th march, 2006, the legislature made amendments to the state act. in the case of e.k. chandrasenan v. state of kerala : 1995crilj2060 , hon'ble mr. justice b.l. hansaria, as he then was, speaking for ..... of the code of criminal procedure, 1973 shall apply to bail and bonds.21. this court, therefore, concludes that section 37 of the n.d.p.s. act prior to its amendment which was under consideration in the case of intelligence office, narcotics c. bureau, (supra) and the new section 85-a introduced into the bihar and orissa ..... , possession, transport, export etc. have been brought within the purview of the penal provision contained in section 55 of the act. various new provisions have been introduced by way of amendment carried out in the said act from time to time to bring within the purview of the statute the offences which were then unknown. arjunan v. state of .....
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