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Oriental Insurance Co. Ltd. Vs. Nanguli Singh and anr.

Court : Orissa

Reported in : II(1993)ACC306; 1994ACJ680; 75(1993)CLT567; (1995)ILLJ298Ori

..... this note was added by repealing and amending act 58 of 1960. ..... at or about the place where he was performing these duties, or where the performance of these duties required him to be present; (3) that the immediate act which led to or resulted in the accident had some form of causal relation with the performance of these duties, and such causal connection could be held to exist if the immediate act which led to the accident is not so remote from the sphere of his duties or the performance thereof, as to be regarded something foreign to them. ..... his second contention is that the injury is a specified injury being covered by item 26 of part ii of schedule i of the act which prescribes the percentage of loss of earning capacity at 30 and when this percentage of earning capacity is added to the percentage of loss of earning capacity for the injury on the right leg, the total loss of earning capacity comes to 70 per cent and as such, the finding of the commissioner that the percentage of loss of earning capacity is 100 cannot be sustained in law. ..... according to the learned counsel, a claimant under the act for personal injury will be entitled to compensation only on his proving that his injury was caused by accident arising out of and in course of his employment and if it is found that the accident did not arise out of his employment, he will not be entitled to any compensation. .....

Kanhubhai Kotocha Vs. MinajuddIn Ahmed and ors.

Court : Orissa

Reported in : 1985(II)OLR130

..... supreme court in the aforementioned case on interpretation of the provisions of adaptation of laws order (1950) extending bombay prevention of gambling act to kutch; came to hold that the whole of the act including amended section 1 became applicable to kutch and therefore a notification was necessary before it could be brought into force in any part of kutch. ..... provisions of the aforesaid ordinance were incorporated in orissa house rent control (amendment) act, 1967 (orissa act 7 of 1957) which received the assent of president on 29. 4. ..... by orissa house rent control (amendment) act, 1963 (orissa act 30 of 1963), the words 'five years' occurring in section 1(4) of the act were substituted by the woe is 'eight ..... was further held therein that the mere presence of the aggrieved party in court at the time of when the order is delivered 1 may at best amount to his knowledge of the order and not 'communication' within the meaning of section 12 and the period of limitation begins to run not from the date of delivery of the order or knowledge thereof bat only from the date it is communicated in writing to the 'party aggrieved. ..... to the principle of repeal and reactment by a temporary statute, it is not necessary to refer to the said decisions since in the present case, there was no question of repeal and reactment of the statute. ..... 1960 the provisions of the act were extended to several other municipal areas including that of balasore town with effect from 15. ..... for five years from 15 6 ,1960. .....

Laxmi Narayan Agarwalla and ors. Etc. Vs. State of Orissa and ors. Etc ...

Court : Orissa

Reported in : AIR1983Ori210

..... the orissa cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained therein.3. ..... attribute of sovereignty and constitutional provisions relating to the power of taxation are regarded not as grant of power but as limitation upon the power which would otherwise be practically without limit but where the statute is plainly discriminatory or confiscatory or unconstitutional in nature, the tax can be struck down as unreasonable and violative of article 19(1)(f).in moopil nair's ease (air 1961 sc 552) (supra), the vires of travancore-cochin land tax act, 1955, as amended by travancore-cochin land tax (amendment) act of 1967 ..... licence or mining lease may, on a certificate of such officer as may be specified by the state government, be recovered, in the same manner as an arrear of land revenue and, such due shall be a first charge on the assets of the holders of the licence or mining lease, as the case may be.rule 31 of the mineral concession rules 1960 lays down that where an order has been made for the grant of a mining lease, the lease deed in the prescribed form (form k). ..... the petitioners hold mining leases granted by the state of orissa under the provisions of the mines and minerals (regulation and development) act of 1987 (central act 67 of 1957) (hereinafter called 'the central act of 1957') read with the mineral concession rules, 1960 and are carrying on mining operations.4. mr. .....

Sitaram Patel and Others Vs. Collector, Sambalpur and Others

Court : Orissa

..... tenancy act, 1960 (amended by the orissa act xiii of 1953) required prior permission of the revenue officer, even though, the amendment under section 22(b) of sub section(2) of the orissa land reforms act, 1960, came into effect only in the year 1965, yet, the sale was void, on account of lack of non-obtaining of necessary permission from the revenue officer, ..... in the said revision, the present petitioners had raised similar grounds and the learned collector, sambalpur came to conclude that, though at the time of transfer of disputed land in question in favour of the petitioners on 27.04.64, the orissa land reforms act, 1960 had not been promulgated, even then in the sale of the disputed land, was required to comply with the provision of clause-(b) sub-section(2) ..... act, 1960, 13 while repealing the orissa land tenant s relief act 1955, on the same time sub-section(2) categorically stipulates that repeal shall not effect the previous operation of the said enactment or anything duly done or suffered there under or any right, privilege, obligation or liability acquired, accrued or ..... alia, contended that the petitioners had purchased the disputed land through a registered sale deed no.1787 dated 27.04.1964 and the same was duly executed by one bhagirathi naik (the father of the present opposite party no.4), one dasarathi naik (the paternal uncle of the present opposite party no.4) and one lokanath naik, the present opposite party no.4 himself, being minot through his father guardian. .....

Nidhi SwaIn and ors. Vs. Khati Dibya and ors.

Court : Orissa

Reported in : AIR1974Ori70; 39(1973)CLT646

..... delivered the judgment of the court held that the hindu women's rights to property act of 1937, and the hindu women's rights to property (amendment) act of 1938, do not operate to regulate succession to agricultural land in the governor's provinces; and do operate to regulate devolution by survivorship of property to other than agricultural lands ..... we, however, find that by the administration of orissa state order, 1948, made under section 4 of the foreign jurisdiction act, 1947, the 1937 act as amended by orissa act 5 of 1944, in its application to the province of orissa was extended to the merged states including the ex-state ..... we shall, therefore, hold that the 1937 act, as amended by orissa act 5 of 1944 had been validly extended to the ex-state of nayagarh and the law enforced when narasingha died on ..... thus by the time narasingha died in 1949, the 1937 act as amended by orissa act 5 of 1944 was the law applicable in the areas covered by the ex-state of nayagarh.the ..... though the repealing statute was repealed in 1960, the 1937 act was not ..... we, therefore, come to the conclusion that the properties in the 'a' schedule excepting what has been excluded by the trial court and similarly properties in the 'b' schedule excepting what has been excluded by the trial court can be taken to properly constitute the joint family assets, ..... 1960, the repeal was repealed ..... the act of 1937 had in fact been repealed by section 31 of the 1956 act. ..... 1937 act had been repealed by section 31 of the 1956 act. .....

Raghunath Mahanty and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1974Ori37

..... on account of incorporation of new provision in section 4 by the amending act of 1965, the old sub-section (51 has now been renumbered as sub-section (9) of section 4 of the act, the act of 1960 was incorporated in the ninth schedule of the constitution by the seventeenth amendment in 1964. ..... , none of the acts and regulations specified in the ninth schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by any provisions of this part, and notwithstanding, any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it continue ..... these are twenty applications under article 226 of the constitution, at the instance of different landlords most of which are deities impugning the provision contained in section 4 (9) of the orissa land reforms act of 1960 (hereinafter called the act) as ultra vires the constitution and for a direction that the said provision cannot be effectively worked out until the manner by rules is prescribed. .....

Dilip Kumar Ray Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2009(I)OLR498

..... , if not afforded prior to registration of the case, is fatal was set aside by the apex court.a written note of submissions was also filed by the learned counsel for the vigilance department and it was submitted that since charge-sheet in the case has already been filed before the competent court, it is for that court to decide whether it would take cognizance or not, but this ..... of income is vitiated.according to the petitioner, on 22.9.1999 a detailed representation was filed by nilima ray before the superintendent of police, vigilance cell, cuttack, enclosing the statement of income, expenditure and assets of the petitioner, his family members and the various companies, which they owned during the period from 1.4.1990 to 31.3.1995 including income tax returns, wealth tax returns, filed prior to 28.6.1996 ..... the congress party on assuming power in orissa repealed the orissa special courts act, 1990, filed firs and initiated investigations against several former ministers, who ..... on the background of rampant corruption by persons holding high political and pubic offices in the state and in order to curb such corruption as promised by late biju patnaik during the elections to the lok sabha in 1989 and to the state assembly in 1960, on 8.10.1990 the then chief minister late biju patnaik introduced the orissa special courts bill in the state assembly and the same having been passed on 12.10.1990 was sent to the ..... amendments and the bill was accordingly amended by amendment bill .....

Bijaya Kumar Sahu Vs. Smt. Namita Parida and anr.

Court : Orissa

Reported in : 2008(II)OLR418

..... repeal and savings - (1) any amendment made, or any provision inserted in the principal act by a state legislature or high court before the commencement of this act shall, except insofar as such amendment or provisions is consistent with the provisions of the principal act as amended by this act, stand repealed ..... as, the proviso to orissa amendment act is concerned, the same being at variance or inconsistent with the central enactment can obviously no longer apply and by virtue of such repeal, the aforesaid proviso to the orissa amendment act, 1991 no longer survives. ..... provisions of law, learned counsel for the petitioner submitted that in terms of section 32 of the orissa amendment act 26 of 1991, it is specifically stipulated that any amendment made or any provision inserted in the principal act by a state legislature or by this court before enactment of this act shall, so far as, such amendment or provisions is inconsistent with the provisions of the principal act, as amended, stand repealed. mr. ..... a case arising out of an original suit or other proceedings instituted before the commencement of the code of civil procedure (orissa amendment) act, 1991, may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears--(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so .....

Narayan Misra Vs. Surendranath Das and ors.

Court : Orissa

Reported in : AIR1972Ori115; 37(1971)CLT1052

..... construction of reference to repealed enactments -- (1) where this act, or any central act or regulation made after the commencement of this act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision sq repealed shall unless a different intention appears, be construed as references to the provisions so re-enacted.x x x x x'it does not matter that the new actwas not a repealing and amending act,but an act to define and amend the lawrelating to certain kinds of specific relief. ..... all that it requires is that a central act should repeal and re-enact aformer enactment either with modification or without it. ..... the two questions that arise for consideration are --(1) whether section 41 of the new act would be applicable notwithstanding the fact that the proviso to order 39, rule 1, civil procedure code (as amended in orissa) has not been amended by substituting therein section 41 of the new act in place of section 56 of the old act; and(2) whether the court of the munsif is subordinate to that of the subordinate judge.6. .....

Simplex Engineering and Foundary Works Ltd. and ors. Vs. Bhubaneswar P ...

Court : Orissa

Reported in : AIR2003Ori149; 2003(I)OLR508

..... repeal and savings:-- (1) any amendment made, or any provision inserted in the principal act by a, state legislature or high court before the commencement of this act shall, except insofar as such amendment or provisions is consistent with the provisions of the principal act as amended by this act, stand repealed. ..... relevant portion of section 32 of the amendment act 46 of 1999 which prescribes for repeal and savings, reads as hereunder:--'32. ..... case may be, and in which no appeal lies thereto, and if such subordinate court appears-- (a) to have exercised a jurisdiction not vested in it by law; or(b) to have failed to exercise a jurisdiction so vested; or(c) to have ..... -- the high court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the district court, in any other case including a case arising out of an original suit or other proceedings instituted before the commencement of the code of civil procedure (orissa amendment) act, 1991, may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the .....