Court : Orissa
..... meantime time, article 31 has been repealed by the constitution (44th amendment) act 1978 w.e.f. ..... in that view of the matter, this court comes to the conclusion that the withholding of family pension only on the basis of terms and conditions of the taking over of the employees of the bidyapitha shall no.over ride the effects of the common law, which is guiding payment ..... -----------------------------------------------------------------------------------------------------------date of hearing 29.03.2012 : date of judgment - 27.04.2012 -----------------------------------------------------------------------------------------------------------s.k.mishra, j.in this writ application, the petitioner prays for payment of arrear and current family pension, which was withheld from january, 1996, along with interest at the rate of prevailing bank rate.2. ..... further held that right to receive pension is property under article 31 (1) (f) of the constitution of india and by a mere executive order the state has no power to withhold the same. ..... of the deceased employee is also allowed to get pension and, therefore, family pension canno.be stopped on the basis of a circular unless the rule is amended. ..... it is contended that as per paragraphs 4(a) and 9 the terms and conditions envisaged in letter no.admn.1/5rsks/72-73/8559 dated 2.2.1973, which provides for deputation of officers and staff of state government to shri sadasiba kendriya sanskrit vidyapith, puri, the government will have no liability for the .....
Tag this Judgment!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 the orissa cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained ..... sarojini pradhan contended that the parent act sought to impose a fee; but by the amending act of 1976, the legislature had attempted to levy tax.the distinction between fee ,and tax is now well settled ..... 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 ..... the orissa cess act, 1962 (hereinafter called 'the cess act') was enacted, by the orissa state legislature with a view to consolidating and amending the law relating to cess in the state ..... 1287) :'it does not need much argument to realise that to the extent to which the union government had taken under 'its control', 'the regulation and development of minerals' so much was withdrawn from the ambit of the power of the state legislature under entry 23 and legislation of the state which had rested on the existence of power under that entry would to the extent of that 'control' be superseded or be rendered ineffective, for here we have a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori9; 52(1981)CLT535
..... section 97 of the amending act making provision for repeal and saving provided, as far as relevant :--'(2) notwithstanding that the provisions of this act have come into force or the repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897,-- (a) the amendment made to clause (2) of section 2 of the principal act by section 3 of this act shall not affect any appeal against the determination of any such question as is referred to in section 47 and every such appeal shall ..... section 97(2)(a) of the amending act provides that the amendment made to section 2(2) of the code shall not affect any appeal against the determination of such question as is referred to in section 47 and every such appeal shall be dealt with as if section 3 of the amending act had not come into force. ..... the executing court upon hearing parties by order dated 2-11-1978 overruled the objection and directed issue of fresh writ of delivery of possession in favour of the legal heirs.against the said decision, an appeal was carried to the additional district judge at sambalpur in miscellaneous appeal no. ..... 43 of 1978 and the learned appellate judge reversed the decision of the executing court and held that the application was barred by time and accordingly no writ for delivery of possession could be issued. ..... the order of the executing court was passed on 2-11-1978, long after the civil p. c. ..... kamla devi, air 1978 raj 127. .....
Tag this Judgment!Court : Orissa
..... arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its office memorandum dated 30.10.1978. ..... routray, learned counsel for the claimant advanced his arguments in arba no.30 of 2004 where the contractor has sought to challenge the award of the learned district judge, refusing to award interest and submits that the clause-23 of the 19 agreement was amended on 18.05.1979, providing that, in no case the tribunal shall award interest in respect of the claim for any period prior to the date of the award as well as till the date ..... routray, learned counsel for the claimant has submitted that, such a ground is being raised by the state for the first time before the hon ble high court in the present appeal and such issue no.having been raised anytime earlier either before the 12 arbitrator or before the learned district judge, the appellants canno.in law be permitted to raise such a new issue in the present appeal ..... act, 1940 was repealed by the arbitration and conciliation act, 1996 and the arbitration tribunal constituted under 1940 act. ..... arbitration act, 1940 (in short the act, 1940 ), subsequently came to be repealed by the arbitration and conciliation act, 1996 and the arbitration tribunal constituted under the 1940 act could, therefore, only adjudicate disputes that were governed by the 1940 act. mr .....
Tag this Judgment!Court : Orissa
..... arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its office memorandum dated 30.10.1978. ..... routray, learned counsel for the claimant advanced his arguments in arba no.30 of 2004 where the contractor has sought to challenge the award of the learned district judge, refusing to award interest and submits that the clause-23 of the 19 agreement was amended on 18.05.1979, providing that, in no case the tribunal shall award interest in respect of the claim for any period prior to the date of the award as well as till the date ..... routray, learned counsel for the claimant has submitted that, such a ground is being raised by the state for the first time before the hon ble high court in the present appeal and such issue no.having been raised anytime earlier either before the 12 arbitrator or before the learned district judge, the appellants canno.in law be permitted to raise such a new issue in the present appeal ..... act, 1940 was repealed by the arbitration and conciliation act, 1996 and the arbitration tribunal constituted under 1940 act. ..... arbitration act, 1940 (in short the act, 1940 ), subsequently came to be repealed by the arbitration and conciliation act, 1996 and the arbitration tribunal constituted under the 1940 act could, therefore, only adjudicate disputes that were governed by the 1940 act. mr .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori150; 53(1982)CLT428
..... repeal and savings,-- (1) any amendment made, or any provision inserted in the principal act by a state legislature or a high court before the commencement of this act shall, except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed. ..... it is urged on behalf of the appellant that a right of appeal is a vested right which conies into existence at the very inception of the suit, and unless the amendment introduced by the amendment act of 1976 in section 102, c, p. c. ..... c, as amended in 1976, are retrospective and the second appeal having been filed after the commencement of the amendment act of 1976 is not maintainable.11. mr. s. c. ..... the provisions of law relevant to the preliminary objection are contained in section 97 of the amendment act, 1976 which, for ready reference, are reproduced below :'97. ..... sub-section (3) of section 97 makes it clear that save as otherwise provided in sub-section (2) the provisions of the principal act as amended in 1976, would be applicable to all suits, proceedings, appeals or applications pending at the commencement of the act or instituted or filed thereafter notwithstanding the fact that the right or cause of action in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such commencement. ..... the second appeal was preferred on 2-1-1978. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori88
..... section 5 deals with restoration of proceedings already dismissed and section 6 with repeal and savings.it would thus be seen from the scheme of the amending act that it does not constitute re-enactment of the act. ..... (iii) the amending act does not even re-enact sections 5 and 6 of the act and as such even if the amending act is valid, there is no substantive provision for eviction ..... the orissa prevention of land encroachment (amendment) act, 1970 (orissa act 20 of 1970) (hereinafter to be referred to as the amending act) was also void inasmuch as it purported to amend a still-born and dead act. ..... both the act and the amending act are unconstitutional and void and are accordingly struck down.12 ..... (iv) both the act and the amending act separately and together are void,14 ..... such a still-born and dead act cannot be resuscitated into life by an amending act unless the latter is a complete re-enactment of the act itself. ..... it is contended on behalf of the state that after the passing of the amending act the act is intra vires and sections 3. ..... the amending act does not purport to revive sections 5 and 6 into life ..... the amending act is not self-contained and complete in itself.11 ..... the result is that even if the amending act is valid, there would be no sections corresponding to sections 5 and 6.13. ..... in the process of re-enactment the act may be given retrospective effect.the amending act in this case is not a re- ..... is, therefore, necessary to read the provisions of the amending act, it is in six sections. .....
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