Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Court: orissa Page 3 of about 1,160 results (0.070 seconds)

Chitaranjan Sahoo and Another Vs. State of Orissa and Others

Court : Orissa

..... governing the matters relating to recruitment to soil conservation service under proviso to article 309 of the constitution of india, government have decided to make executive instructions for regulating the matters of recruitment to the posts and conditions of service of the person appointed to the orissa soil conservation service, which means pending framing of rules under proviso to article 309 of the constitution of india, the executive instruction contained in the said ..... the date of its approval by the government or the next list is furnished by the commission whichever is earlier, but then in extraordinary circumstances, when 25 for any reason, appointments have no.been completed and the list so recommended by the commission has no.been exhausted, the government by special order may extend validity of the period, but no.later than the date of next recommendation of the commission. ..... of soil conservation officers in the state and these would remain binding till these were repealed by an act or rules made under article 309 of the constitution of india ..... merely because the 1982 executive instructions, which have been amended in the year 1998 and the amending instruction was issued by the under secretary to government of orissa by the order of the governor, by no stretch of imagination, it can be said that the 1992 office memorandum have no.been issued in accordance with rule11 ..... horticulture and directorate of soil conservation were created in the year 1977 and 1978 respectively .....

North Odisha Farmers and Multi-purpose Cooperative L Vs. State of Odis ...

Court : Orissa

..... the state legislature has acted in conformity with the ninetyseventh amendment by enacting the amendment act with effect from 30.1.2013 and has decided to repeal the 2011 act w.e.f. ..... statement of objects and reasons for the repeal act is as follows: constitution (ninety-seventh amendment) act, 2011 has come into force with effect from the 15th february 2012. ..... 3, while purporting to enact a saving clause, the state legislature has exceeded its jurisdiction in enacting a deeming provision that a cooperative existing before the repeal act shall be deemed to be registered under the 1962 act and its bye-laws shall be amended and the board of directors shall be reconstituted within three months from the repeal act, in accordance with the 1962 act and whether in doing so there is violation of fundamental rights or whether the applicability of 1962 act will be bad for violating principles of co-operatives.17. ..... the state of karnataka and others, air 1978 karnataka 148, it was observed: 10. ..... from a reading of the two decisions, namely, maneka gandhi case, (1978) 1 scc 248, (seven-judge bench) and all india bank employees assn. ..... state of kerala, (1978) 2 scc 1, it was observed : 6. .....

P. Narayan Rao and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1984Ori32; 1984(I)OLR85

..... in this regard nor any finding; the charge has not been sustained and consequently the orders are illegal;(iii) in view of the orissa act coming into force with effect from 1-1-1955 repealing the madras act and in view of sub-section (2) of section 4 of the orissa act, the proceedings initiated against the directors under the madras act would be deemed to be one under the orissa act, in order to sustain the proceedings the conditions precedent prescribed under clauses ..... 512 of 1978 and, therefore, we need not discuss any further about those cases. ..... 696 and 769 of 1978 adopts the stand taken by mr. r. ..... 512 of 1978 raises the following contentions :--(i) though the charge against the directors is one of breach of trust, there has been no finding either of the appellate authority or of the original authority that the directors committed breach of trust and, therefore, the orders are liable to be interfered with;(ii) in view of the peculiar position the directors of the society occupy, the finding of breach of trust can be arrived at only when it is established that they wilfully violated the ..... 512, 696 and 769 of 1978 are the ex-directors or their substituted legal representatives while petitioner in o. j. c. no. ..... 513 of 1978 is concerned, it has been filed by the cashier of the society. mr. ..... 513 of 1978 is the former cashier of the society.2. ..... 4-2-1978 allowed the appeals in part by reducing the liability of the different appellants. .....

Srikar Bag Vs. Revenue Officer and ors.

Court : Orissa

Reported in : 1993(II)OLR95

..... 2 of 1956), the provision contained in section 7(i)(b) of the orissa merged states (laws) act, 1950 was repealed and as such, by the date of the execution of the sale deed in question, the prohibition contained in the orissa merged states (laws) act, 1950 was. ..... areas (states of bihar, gujarat, madhaya pradesh and orissa) order, 1377 it has been held :'......therefore the restrictions on transfer by a member of aboriginal tribe to a non-aboriginal tribe which was originally there in the orissa merged states' (laws) act, 1950 was lifted by repeal of the said provision in the year 1956 by regulation 2 of 1956 and during the time when the transfers in question took place, there was no bar in taw requiring permission of any authority as a condition ..... 2 of the schedule states about orissa merged states (laws) act, 1950 and column 3 which deals the extent of repeal says that the words ''subject to the restriction that no transfer of a holding from a member of an aboriginal tribe to a member of a non-aboriginal tribe shall be valid unless such transfer is made with the previous permission of the sub- ..... 65 of the limitation act, 1963 by amendment under sub-section (2) has no application to a proceeding under section 23-a. ..... the expression 'scheduled areas' as it stood in the aforesaid regulation prior to its amendment by regulation no. .....

Registrar of the Orissa High Court Vs. Baradakanta Misra and anr.

Court : Orissa

Reported in : AIR1973Ori244; 1976CriLJ405

..... power to review: notwithstanding anything contained in these rules, the governor may, on his ownmotion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these rules or the rules repealed by rule 33, and, after consultation with the commission where such consultation is necessary- (a) confirm, modify or set aside tne order; (b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order; (c) ..... under section 46 of the government of india act, 1915 (hereinafter to be referred to as the 1915 act), as amended by the government of india act, 1919 (hereinafter to be referred to as the 1919 act), the provinces were governed in relation to the reserved subjects by the governor-in-council and in relation to transferred subjects by the governor acting with ministers appointed on that behalf. ..... the date of the passing of that law to exercise any powers or authorities, or discharge any functions, in any part of british india shall, where a corresponding new authority has been constituted by or under any part of the government of india act, 1935, for the time being in force, have effect until duly repealed of amended as if it were a reference to that new authority ..... repeal and savings : (j) civil services (classification, control and appeal) rules, 1930. .....

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Reported in : 1999(II)OLR236

..... similar conclusion can also be reached by applying the provisions of section 24 of the general clauses act since it is apparent that the earlier acts relating to control of narcotic drugs, such as the opium act and the dangerous drugs act, have been repealed and re-enacted (of course with several modifications) under the n.d.p.s. ..... however, it was felt that the provisions in the said act were not stringent enough and the menace of trafficking in drug had increased and as such it was necessary to enact more stringent provisions and as such it was felt necessary to enact a comprehen'sive legislation on narcotic drugs and psychotropic substances which, inter alia, would consolidate and amend the existing laws relating to narcotic drugs.7. ..... act indicates that the act.had been enacted to consolidate and amend the law relating to narcotic drugs. ..... rules, 1989, it can be reasonably held that the excise officials authorised to investigate into offences under the opium act which was repealed continued to have jurisdiction till appropriate provisions were made under the n.d.p.s. ..... the two cases could not have been initiated under section 9 (a) of the said act, nor any cognizance could have been taken thereunder in view of the admitted fact that the alleged offences occurred after 14.11.1 985, the date on which the opium act stood repealed by virtue of section 82(1) of the n.d.p.s. .....

Managing Committee, Talabasta High School and Etc. Etc. Vs. State of O ...

Court : Orissa

Reported in : AIR1994Ori122

..... the question raised in these writ petitions, is that whether section 7 of the orissa education act (hereinafter referred to as the 'act') after its amendment by act 16 of 1991, and the provisions of the orissa education (establishment, recognition and management of private high schools) rules 1991 (hereinafter referred to as 'the 1991 rules') do not affect the reconstitution of the existing managing committees of high schools existing at the commencement of those rules in accordance with the orissa ..... the orissa education (amendment) act, 1991 (act 16 of 1991) referred hereinafter as 'the 1991 amendment act' 'amended sub-section (4) of section 7 of the act reducing the term of the managing committees to three years from five years and introduced sub-section (5). ..... education (management of private schools) rules, 1980 (hereinafter referred to as '1980 rules') and that whether the right of those managing committees either to continue in office or to send nominations for their reconstitution is saved by rule 34 of the 1991 rules which provides that notwithstanding the repeal of the 1980 rules any order made, action taken or things done under the provisions of the rules repeated shall be deemed ..... in air 1978 sc 548 (bangalore water supply v. a. .....

Baikunthanath Jena Vs. the State of Orissa and anr

Court : Orissa

Reported in : II(1990)DMC271

..... in the premises of the above discussion, i am of the view that section 7, as amended by amendment act 63 of 1984, which came into operation on 2-10-1985, was not retrospective, but prospective ..... specifically indicated by the provision of sub-section (2) of section 4 which provides that all offences under any other law-meaning thereby law other than the indian penal code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions in the code of criminal procedure, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or ..... of the above discussion, i am of the opinion that even to a case under section 7 of the act before its amendment, provisions of section 473 of the new code are applicable and in a suitable case on being satisfied, the court may condone limitation for the purpose of taking cognizance. ..... despite such repeal, amendment to section 7 of the act was not made by the legislature so as to introduce the new code in place of the old code in the first part ..... 1898 (5 of 1898),--x x x x x(b) no court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence ;it is to note that the old code of criminal procedure was repealed after the new code came into operation on 1-4-1974. ..... so, in view of the provisions contained in repealed section 7(1)(b) of the act, cognizance of the offences there under was barred after expiry .....

Baikunthanath Jena Vs. State of Orissa and anr.

Court : Orissa

Reported in : 69(1990)CLT440; 1990CriLJ2626

..... in the premises of the above discussion, i am of the view that section 7, as amended by amendment act 63 of 1984, which came into operation on 2-10-1985, was not retrospective, but prospective ..... specifically indicated by the provision of sub-section (2) of section 4 which provides that all offences under any other law meaning thereby law other than the indian penal code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions in the code of criminal procedure, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or ..... of the above discussion, i am of the opinion that even to a case under section 7 of the act before its amendment, provisions of section 473 of the new code are applicable and in a suitable case on being satisfied, the court may condone limitation for the purpose of taking cognizance. ..... despite such repeal, amendment to section 7 of the act was not made by the legislature so as to introduce the new code in place of the old code in the first ..... of 1898),--x x x x x x(b) no court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence;x x x x x xit is to note that the old code of criminal procedure was repealed after the new code came into operation on 1-4-1974. ..... so, in view of the provisions contained in repealed section 7(1)(b) of the act, cognizance of the offences thereunder was barred after expiry .....

Oriental Insurance Co. Ltd. Vs. Parbati Mohanta and anr.

Court : Orissa

Reported in : II(1993)ACC711; 1993ACJ550; 76(1993)CLT495

..... (iii) where application is under the repealed act and the award is under the repealed act, but appeal is filed when the act came into force repealing the earlier enactment, no deposit would be necessary to be made as required under section 173, ..... as early as 1976 when the code of civil procedure was amended by act 104 of 1976, order 41, rule 1(3) provided that the appellant shall, within such time as the appellate court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as ..... change of law and amendment of the existing provision would have the same effect in ..... madhya pradesh (1953) scr 987, the question for consideration was, whether by amendment to section 22 of the central provinces and berar sales tax act, 1947, requiring satisfactory proof of payment of tax for entertainment of an appeal would govern an appeal by assessing where the assessment proceeding was initiated prior to the amendment. ..... in the code of civil procedure are only procedural and, accordingly, they would operate even in respect of appeals filed after the amendment came into force in respect of vested right of appeal created before the amendment. ..... the provision before amendment and after amendment. ..... after the amendment, it was provided as follows:provided that no appeal against an order of assessment, with or without penalty, shall be admitted by the said authority unless such appeal is accompanied by a satisfactory proof of the payment of the tax, with penalty, if .....