Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Court: orissa Page 2 of about 1,160 results (0.084 seconds)

Chakradhar Paital (Dead) L.Rs. and Others Vs. Gelhi Bewa (Dead) L.Rs. ...

Court : Orissa

..... therein that the proviso will have no application to pleadings filed prior to the proviso came into force as section 16(2) (b) of the 2002 amendment act so provides by way of repeal and saving. ..... amendment act,2002 which debars amendment of pleadings after commencement of trial of the suit unless the party is able to satisfy the court that in spite of due diligence he could not have pleaded the new facts prior to the ..... of sub-rule (5) of rule 32 would not, however, hold good after the incorporation of the explanation thereto by the amendment act of 2002. ..... amendment act of 2002 that inserted section 100-a prohibiting such appeal would be maintainable as section 100-a has no ..... amendment act of 2002 will not apply to the present execution case in which the decree passed in the year 1995 is being ..... for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to b e done may be done so far as practicable by the decree-holder or some other person appointed by the court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct ..... under sub-rule (5) has been qualified by the words has not obeyed and the rule says that in the event of disobedience of the injunction, the court may, direct that the act required to be done may be done so far as practicable by the decree-holder .....

Prahalad Jena and ors. Vs. State

Court : Orissa

Reported in : AIR1950Ori157

..... section 392, government of india act, 1935 reads as follows: 'notwithstanding the repeal by this aot of the government of india aot (that is to say, the government of india act, 1919) but subject to the other provisions of this act, all the law in force in british india, immediately before the commencement of part iii of this aot shall continue in force in british india until altered or repealed or amended by a competent legislature ..... person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4) and (b) the maximum period for which any person may in class or classes of case be detained under any law providing for preventive detention.' 19. the legal position is that the basic requirements for detention for ..... that law one must look into the provisions of an existing law on the subject continued in force under article 372(1) subject to the removal of those portions of that law which have become null and void by the application of article 13(1) or else to any new law that may be made either by the state or by parliament which law is also subject to the regulation made by parliament ..... powered by clause (2) of the article to adapt and modify such laws either by way of repeal or amendment as may be necessary or expedient by an order made in that behalf for the purpose of bringing the provisions of any such law into accord with .....

Desabandhu Behera Vs. Harimohan Behera

Court : Orissa

Reported in : 1992(I)OLR514

..... the two questions which need adjudication are as follows ;(i) whether the orissa high court amendment in respect of sub-rule (2) of rule 11 of order 20 as brought in with effect from 7-5-1954 is inconsistent with the provisions contained in the code and therefore, stood repealed in terms of section 97(1) of the code of civil procedure (amendment) act (104 of 1976) (hereinafter referred to as 'the amending act') ; and (ii) whether any court other than the one that passed the decree has jurisdiction to order for postponement of the ..... primary question is whether the orissa high court amendment as indicated above is not consistent with the provisions of the principal act as amended by the amending act, and therefore, stood repealed. ..... repealing provision in section 97(1) is not confined in its operation to provisions of the code including the orders and the rules in the first schedule which were actually amended by the amending act. ..... reading of section 97 of the amending act makes it clear that the amending act has effect on the entire code, consisting of the sections and the first schedule to the code which contains the orders and the rules. ..... : the basis for the view indicated is that the amending act did not touch the concerned order and therefore, section 97 of the amending act has no application. ..... ganpat giri's case (supra), the supreme court was considering the effect of non-amendment to rule 72 of order 21 by the amending act and the allahabad high court amendment prior to 1-2-1977. .....

Hari Hara Singh Vs. Harihar Patnaik and ors.

Court : Orissa

Reported in : AIR1954Ori101; 19(1953)CLT491

..... this act extended the operation of several provincial acts to the merged areas and repealed and amended the laws then in force in the merged states. ..... mistake and made the necessary amendments in order to make the tenants protection act applicable only from the date of merger, namely, 1-8-1949. ..... to enact laws with retrospective effect, section 3, orissa tenants protection act should be held to have come into force in the merged state of khandapara from 1-9-1947, the date from which the act is deemed to have operated, appears to me to be fantastic and deserves no consideration whatsoever.on the other hand, the circumstances that led to the passing of the subsequent amending act, namely, the orissa tenants protection (amendment) act 1951 (orissa act 17 of 1951) would indicate that the legislature realised its .....

Saria Bewa Vs. Balaram Puhan and ors.

Court : Orissa

Reported in : AIR1990Ori36; 68(1989)CLT363

..... (amendment) act, 1976 (act 104 of 1976) in section 97 saved the same by enacting that 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. ..... having so found the court held that it would be a case covered by rule 2 of order 22 of the code which says that where there are more plaintiffs than one and one of them dies and the right to sue survives to the surviving plaintiff or plaintiffs-alone, the suitshall proceed at the instance of the survivingplaintiff or plaintiffs. ..... the next rule is to the effect that where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or ..... a pending suit where adefendant on whose death the right to suedoes not survive against the surviving defendant or defendants alone the legal representatives of the deceased-defendant-have to bebrought on record and failure to take steps inthat behalf would result in the abatement, ofthe suit as against the deceased-defendant atthat stage. .....

State of Orissa and ors. Vs. Gangaram Chhapolia and anr.

Court : Orissa

Reported in : 54(1982)CLT214

..... the drawbacks in the existing provisions and advocated for consolidation and amendment of the law and its codification in a separate enactment and that is how the arbitration act, 1940 came to the statute book and the sch. ..... the act was repealed and consolidated by ..... particularlynecessary in view of the fact that in thepresent state of the court system inindia and its unfortunate characteristicsof endemic delays, rising costs, technicality of procedure and plurality of appeals, there is a search for alternativedecision making apparatus and a reoriented arbitration process, particularlyunder the auspices of organisations inindustry, trade and commerce, couldthrow up an acceptable alternative,which would to an extent relieve theoverburdened machinery ..... that court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society, and no considerable property rights have become vested in reliance upon the old rule. ..... grievance has been that there are a few persons circulating as stock arbitrators and somehow or other they are getting appointed by orders of court passed casually and mechanically without any application of mind, heedless of the grievance and wish of the state, which is no other than, the people of ..... repealed .....

Purna Chandra Misra Vs. State of Orissa

Court : Orissa

Reported in : 2002(II)OLR175

..... however, there are exceptions to the above principle and the principle will not apply : (a) where the subsequent act and the previous act are supplemental to each other; (b) where the two acts are in pari materia; (c) where the amendment in the previous act if not imported into the subsequent act it would render the subsequent act wholly unworkable and ineffectual; and (d) where the amendment of the previous act, either expressly or by necessary intendment, applies the said provisions to the subsequent act. ..... in this context, it may be stated that it is a well established principle that where a subsequent act incorporates provisions of a previous act, then the borrowed provision becomes an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in the previous act. ..... by virtue of the criminal law (amendment) act, 1958 and was later substituted by virtue of the anti-corruption laws (amendment) act, 1964. ..... and the prevention of corruption act, 1947 are supplemental to each other and as such, has further laid down that the prevention of corruption act being a statute supplemental to the penal code the amendment in the definition of section 21 of the penal code would have to be read into section 2 of the prevention of corruption act, 1947 because once the definition of section 21 of the penal code was incorporated it had to be imported into the other act and considered pari pasu the penal code. .....

The Central Warehousing Corporation, Berhampur Vs. Govinda Choudhury a ...

Court : Orissa

Reported in : AIR1989Ori90

..... amendment) act, 1976 (act 104 of 1976) provided that any amendment made, or any provision inserted in the principal act by a state legislature or a high court before the commencement of the amendment act, except in so far as such amendment of provision is consistent with the provisions of the principal act as amended by the amendment act, stands repealed ..... patnaik that such provision would have no application since the orissa amendment to order 21 rule 1 substituting the original rule 1 did not have anything like sub-rule (3) as at present and that such orissa amendment continued to be in force and was repealed only on 25th may, 1984 and as such even if sub-rule (3) would have been elsewhere applicable, ..... may be implied, then the payment must be applied to the discharge of the debts in the manner in which either the intimation has been given or the manner which can be implied from the circumstances; and secondly, when there is no express intimation or any other circumstance to indicate the implication as to how the payment is to be applied, then the creditor in his discretion may apply the same for discharge ..... towards the principal, but there was no evidence on record that the mortgagees were informed that the amounts were deposited towards principal and there was no evidence also that the mortgagees accepted the payments towards principal and it was under such circumstances the court held that unless the mortgagees were informed that the amounts had been deposited only towards .....

Rama Chandra Misra Vs. President, District Board

Court : Orissa

Reported in : AIR1951Ori1; 17(1951)CLT10

..... moreover the subject 'taxes on vehicles suitable for use on roads) whether mechanically propelled or not, including tramcars' was made an exclusively provincial subject by an amendment made to the schedule 7, government of india act, 1935, by parliament in the india and burma, (miscellaneous amendments) act, 1940 (3 & 4) geo. vi oh. ..... by schedule 7 (l) of that act retrospective effect was given to that amendment in consequence of which all statutes dealing with taxation of motor vehicles that were in force prior to the commencement of the government of india act, 1985, would continue in force after its commencement until repealed or amended by a competent legislature (see schedule 92). ..... moreover, when the central legislature passed the central act in 1939 they were fully aware of the existence of schedule 66 of the madras act and if their intention was really to repeal the same they would have surely expressly said so in schedule 34 which deals with 'repeal' :''repeal by implication is not favoured .... ..... thus when the objects of schedule 2 of the central act and schedule 66, madras act, are entirely different and these statutory provisions are meant for different purposes the question of the provision of a later statute repealing by implication a provision in an earlier statute does not arise.10. .....

Krishna Chandra Misra Vs. Sushila Mitra

Court : Orissa

Reported in : AIR1951Ori105; 16(1950)CLT249

..... 296), a suit for possession which was instituted after the amendment of bengal act vi [6] of 1908 in its application to chhota-nagpur had come into play, but where the cause of action arose before that amendment had come into operation was held to lie in a civil court as the plaintiff had acquired a vested right in regard to the same, and the summary procedure as provided in the amending act was not the only remedy open to him. ..... i arrive at the same conclusion by a reference to schedule 0 (1) of the act, which is a repealing and saving clause. ..... this act was repealed by 19 and 20 victoria, chap. ..... nor would it render invalid what was valid under the repealed order as the saving clause expressly says that it 'shall continue in force and be deemed to be done under the act ' it is by a legal fiction that anything done under a prior statute is deemed to be done under a later statute; and it is by just another legal fiction that we have to hold that although a provision corresponding to section 13 was not to be found in the earlier order any action validly taken under the earlier ..... the words of schedule 0 are large enough to save vested rights both against the operation of repeal clause itself and also against the previous clauses of the act, this was the construction put upon the repeal and saving clauses in hough v. ..... this section, however, applies only to repealed acts and not to temporary acts, whose duration expires by lapse of time. .....