Court : Orissa
Reported in : AIR2007Ori146
..... 629 of the report).recently also the supreme court in kamala devi v. khushal kanwar reported in : air2007sc663 , held that only a letters patent appeal filed prior to coming into force of the 2002 amendment act would be maintainable. (see para 20 at page 667 of the report).28. in the instant case, these appeals have been filed much ..... lie from the judgment and decree of such single judge.section 100a was first introduced by amendment by the code of civil procedure (amendment) act, 1976. section 97 of that amending act contained the provisions for repeal and savings. section 97(2)(n) of the amending act which deals with section 100a is in following terms:(n) section 100a, as inserted in ..... of this court is not maintainable inasmuch as the order impugned before the learned single judge of this court in fao was passed in 2005 and section 100a was introduced by way of amendment on 1-7-2002.14. though in this case also the orders impugned before the learned single judge were passed in 2006, and .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46
..... for the discussions made above, we have arrived at the following conclusions:(1) after introduction of section 100-a in the code of civil procedure by 2002 amendment act, no letters patent appeal is maintainable against a judgment/order/decree passed by a learned single judge of a high court.(2) the decision of a division bench of this ..... in proper perspective in appeal.the said controversy was also dealt with by before this court and the supreme court in the cases of:rashamani dei v. naba kishore acharya 2005 (ii) olr 779; chunta v. state 1992 (i) olr 139; birendra v. sitamani (34) ojd (civil) 473, naresh v. state of maharashtra : [1966]3scr744 ; gobinda v. ..... court had restrained the defendants by way of an ad interim injunction. being aggrieved by the said order, defendant no. 1 had preferred fao no. 298 of 2005 before this court. the learned single judge disposed of the fao partly confirming the order of the trial court and making certain observations. being aggrieved by the judgment of .....
Tag this Judgment!Court : Orissa
Reported in : 2000ACJ525; AIR2000Ori40
..... vehicles includes claim for compensation under section 92-a. it is to be noted that section 110-a was inserted with effect from 1-10-1982. by the aforesaid amendment act, special provisions to compensation in case of motor accident were made.7. learned counsel for the parties have taken various stands, mostly with regard to the liability of the ..... necessary to refer to all of them, as we propose to deal with the matter with reference to the relevant provisions and their scope arid ambit.5. by virtue of amendment act 47 of 1982, a new chapter, i.e. chapter vii-a titled 'liability without fault in certain cases' was added with effect from 1-10-1982. the said ..... section 110 cc of the amending act 47 of 1982? and (b) whether the liability under section 92-a can be saddled on the insurer even in a case where that liability other than a statutory liability is not covered by the policy of insurance? 2. the matter was under consideration in an appeal under letters patent arising out of an appeal .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT479; 2006(II)OLR349
..... did so. the words used in section 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002, a specific exclusion is provided as the legislature knew that in the absence of such words a letters patent appeal would not be barred. the legislature was aware that it had incorporated the saving clause in ..... and from taking possession of moveable and immoveable assets of the said school from the plaintiff-petitioner. the said application was registered as cma no. 43 of 2005. the said interim application was taken up for hearing by the trial court and after hearing the learned counsel for the parties and considering the materials available on ..... administration of the plaintiff's school and further declaring that the constitution of the managing committee of the said school amongst defendants 1 to 10 on 25.7.2005 is illegal and unlawful and not binding on the plaintiff. a consequential relief in the form of permanent injunction restraining the defendants 1 to 10 from interfering .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori107; 15(1949)CLT78
..... instructed him to rectify the same. it is also pointed out that the district magistrate and indeed the government themselves, as the law stands under the amended act, are under no obligation to furnish the grounds and that therefore if they had at the time different grounds in their possession, they would even have ..... is itself in some measure convincing that the information contained therein was not likely to have been faked up. indeed if we remember that under the amended act, the provincial government were not at all bound to furnish to the petitioner the grounds of detention, the very fact that they did furnish the grounds ..... amended section 4 thereof for extension of the period of detention has not been adopted. we have, therefore, no hesitation in holding that the order of the district magistrate dated 22nd august 1949 is illegal.13. in view of these illegalities committed by the sub-inspector and the district magistrate, which according to the petitioner's counsel must have been patent .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT561; 1994(II)OLR625
..... of state of mind or capacity to understand one's affairs, or marital obligations, or, implications of marital relationship. clause (iii) has, been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under : ''has been incurably of unsound mind for a continuous period of not less than three years immediately ..... r 389). a person of unsound mind is either an idiot or lunatic in a more serious stage clause (ii) or sec 5 of the act has also been suastituted by the 1976 amendment act. original clause reads as follows :'neither party is an idiot or lunatic at the time of marriage ' the term 'unsound mind' is more ..... physics. unreoutted evidence of kamalakanta is that jagadananda was doing business in cattle foddar. every ablebodied husband is obligated to maintain his wite section 25 of the act deals with permanent alimony and maintenance, and court's jurisdiction to order for such payment at the time o1 passing a decree. no arithmetical rule can be .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR46
..... such appeal or from any decree passed in such appeal.'the object of the section evidently is to minimise delay in the finality of decisions. before the amendment act of 1976 appeals lay under letters patent against the decision of a single judge in a second appeal. after the introduction of sec. 100-a, no further appeal will lie from any decree or ..... section, and (ii) that even if appeal under the letters patent was maintainable unaffected by the bar in sub-section (2) of section 104 of the code, the legal position has undergone a change by introduction on section 100-a of the code by the code of civil procedure (amendment) act, 1976 (act 104 of 1976) which has come into force with effect from .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR361
..... shall proceed to adjudicate upon the application in accordance with the provisions herein contained.7. as provided under sub-rule (2) which was substituted by the amending act, 1976, on an application under order 21, rule 97 being made, the court shall proceed to adjudicate upon the application in accordance with the provisions which ..... execution proceedings.xxx xxx xxxthe view that claim of stranger obstructionist would only be considered after he has lost possession to decree-holder would result in patent breach of principles of natural justice as the obstructionist who alleges to have any independent right, title and interest in the decretal property and who ..... high court can interfere under article 227 of the constitution of india in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction which amounts to error of law apparent on record, a patent error in procedure or resulting in manifest injustice. (see 1997(11) olr 305 achutananda baidya v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori57
..... on the 1st. of april, 1936. in exercise of the powers conferred by sub-section (1) of section 229 of the government of india act, 1935 as adapted by the india provisional constitution (amendment) order, 1948 the then governor-general of india made the orissa high court order, 1948, -- vide notification no. s. o. 10 dated ..... the calcutta high court ceased with regard to matters in respect of which iurisdiction was transferred to the patna high court on coming into force of the letters patent. thus from 1916, the patna high court became authorised to exercise admiralty jurisdiction in the province of bihar and orissa. there is however no instance of ..... defendants have challenged the maintainability of the suit. it is stated in their objection that the admiralty jurisdiction vested in the calcutta high court was transferred by letters patent to the patna high court. under the orissa high court order, 1948 the admiralty jurisdiction of the patna high court has been transferred to this high court .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori58
..... the 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 ..... against the petitioner. while the proceedings were pending before the tribunal, the government of orissa in cabinet deportment notification no. 3326 dated 25-11-1955 made a further amendment to rule 3 as follows.'the 25th november 1955.no. 3326-can : in exercise of the powers conferred by the proviso to article 309 of the constitution ..... the notification itself.9. the nearest parallel case is reported in (1920) 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 .....
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