Court : Orissa
Reported in : AIR2003Ori89; 2003(I)OLR385
..... set aside.title suit no. 196 of 2002 therefore, betransferred to judge, family court, cuttack.while proceeding with the application under section 13 of the hindu marriage act,the judge, family court shall frame an issue regarding the validity of the deed of settlement dated 8-2-2002 and take up thesame for consideration along with ..... learned counsel for the petitioner, 1 find that the judgment was rendered in a case arising out of orissa consolidation of holdings and prevention of fragmentation of land act, 1972 and the said decision is not applicable to the facts and circumstances of the present case.13. considering the facts and circumstances of the case and taking ..... in the present revision petition, a petition was filed by the present opposite party no. 1 before the judge, family court, cuttackunder section 13 of the hindu marriage act, basing mainly upon the deed of settlement, and the same was registered as civil proceeding'no. 209 of 2002. it is alleged that after the said proceeding .....
Tag this Judgment!Court : Orissa
Reported in : 54(1982)CLT214
..... parties to agree to such arbitration. bengal regulation ix of 1883 authorised the settlement officers to refer disputes to arbitration.in 1834, the legislative council for india was constituted and act viii of 1859, the first code of civil procedure for india, was enacted in 1859 and chapter vi of the code contained provisions relating ..... 1 all er 1148:'the giving of reasons is one of the fundamentals of good administration.'this observation has the approval of the supreme court in manager, govt, branch press v. d. b. belliappa (air 1979 sc 429). the requirement of furnishing 'reason' is a shackle on arbitrariness or perversity. why, pray, must the president ..... very cautious in not imposing an incompetent and undesirable personas an arbitrator. the power has been vested in the court under the various provisions of the arbitration act relating to the selection of arbitrator in the trust that the said power shall be exercised judiciously and with circumspection. the arbitrator is not bound to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... etc.71. in our opinion, however, there is neither disturbance of balance of power, nor would our decision clothe the munsif with the power to press into provisions of the specific relief act to issue mandatory injunction against even the chief minister of the state, not to speak of the prime minister of the country to hold judicial inquiry. ..... the state government is to place two strangers in one bed. to state in the language of bhagwati, j. (as he then was) used in maneka gandhi, air 1978 sc 597, they are 'sworn enemies' as one belongs to the realm of considered decision and the other to arbitrary action/inaction. it does not even need mention that ..... (meaning the constitution (forty-fourth amendment) act) shall come into force on such dale as the central government may by notification in the official gazette appoint.....'now, this type of provision in a statute is called 'conditional legislation' and the vali-dity of which was upheld by the privy council as early as 1878 in queen v. burah .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT163
..... petitioner, since the disputed lands have been kept reserved in the master plan to be utilised in future for public purposes and when the notified area council had applied for grant of lease in respect of the same, the revenue divisional commissioner illegally sanctioned grant of lease in favour of tamrit ignoring the ..... to be for public purpose. in this connections, we may profitably refer to the judgment of the supreme court in state of karnataka v. ranganath reddy, air 1978 sc 216. in his separate opinion, justice v. r. krishna lyer in his inevitable style elucidates the meaning of 'public purpose'.'... does the purpose subserve ..... application of the notified area council is baseless.5. the tamrit is a statutory authority constituted under the provisions of the orissa town planning & improvement trust act, 1956. it may be noted that the aforesaid orissa town planning & improvement trust act, 1956 has been repealed by the orissa development authorities act, 1982 and the state government .....
Tag this Judgment!