Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Court: orissa Page 5 of about 1,160 results (0.149 seconds)

Sahadev Patra Vs. the Chief Conservator of Forests, Orissa and ors.

Court : Orissa

Reported in : AIR1995Ori242

..... repealing provision section 24 of the new act reads thus :'other acts and laws not to apply to saw mill and saw pit : toothing contained in any other act, or law, rule, order or any other thing having the force of law in any areas of the state, shall apply to the saw mill and saw pit, and sawing in respect of matters for which provisions are contained in this act : provided that nothing in this section shall be construed as to bar the application of any such act, or law ..... , the petitioner had a vested right of filing two appeals which could not be taken away or impaired by the repealing act unless the act is made retrospective or it says so expressly or by necessary intentment. ..... conservator of forest has referred to the state government the question of maintainability of the second appeal since he had doubt on the point in view of coming into force with effect from 23-3-1992 the orissa saw mills and saw pits (control) act, 1991 which has repealed the orissa forest act, 1972. ..... there existed right of second appeal against the original order when it was passed and during pendency of first appeal the old law was repealed. ..... as against the following factual backdrop the only point to be determined in this writ petition is :whether the second appeal filed by the petitioner before chief conservator of forest under proviso to rule 10 of the orissa saw mills and saw pits (control) rules, 1980 ('the rules') made in exercise of the orissa forest act, 1972 is maintainable or not?2. .....

Bishnupriya Dei Vs. Bse,orissa

Court : Orissa

..... further the pension regulations of the board have been framed by the government of orissa in exercise of their powers conferred under section 21 of the orissa secondary education act, 1953 providing therein that no regulation or addition or amendment to or repeal of the regulation made by the board, shall be valid without approval of the state government. ..... .4) we have heard mr.kalyan patnaik, learned counsel for the petitioner, learned advocate general and mr.p.k.mohanty, learned sr.advocate for the opposite parties.5) relying on regulations- 21 and 22 of the board of secondary education, orissa (amendment) regulations, 1997, the learned advocate general argues with vehemence that since the school in question, where the petitioner earlier worked is purely a private school and the services rendered by her was not in a pensionable establishment/post, the representation of the ..... division bench of the high court are based on correct interpretation of the orissa civil services (pension) rules, 1992 and the orissa civil services(commutation of pension) rules, 1993 and the direction given by the learned single judge for computation of the total length of service of respondent no.1 for the purpose of fixation of pension and grant of other retiral benefits does not suffer from any legal infirmity warranting interference by this court under article .....

Durga Charan Routray Vs. Secretary, Water Resources Department, Govern ...

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 .....

Sobhan Kumar Sahu Vs. Chancellor, Berhampur University and ors.

Court : Orissa

Reported in : 101(2006)CLT417

..... if the rights and procedures are both altered by an amending or repealing statute, even if the rights accrued under the previous enactment are saved, it would seem to be consequential that the old procedures are saved unless the new provision makes the new procedure applicable to old ..... the promulgation of an amending act or the rule cannot, without any express term take away from a party any right which might have vested in him under a prior rule. ..... purportedly in exercise of powers conferred under section 5 of the orissa universities act, and therefore, applications received by 11.10.2002 have to be considered and processed under the old regulations and the candidates are to be governed under such regulation. ..... intermediate education act, 1921, when the act was amended taking away the power of director to make appointment, held that the amending act could not in absence of words of necessary implication, be construed to take away the power of director in the pending proceeding for selection. ..... section 25 of the universities act speaks of regulations and it contemplates that subject to the provisions of the act and statures, the academic council may make regulations providing for all or any of the matters enumerated therein. ..... (b) whether the hon'ble chancellor was vested with the power under the universities act to issue direction to the university to accept or register any application after 11.10.2002?6. .....

Madhab Chandra Naik and ors. Vs. Ashai Devi

Court : Orissa

Reported in : 51(1981)CLT144; 1981CriLJ1181

..... 1958crilj1429 , the supreme court took the view that section 342-a of the code of criminal procedure introduced by the amending act, 26 of 1955 which indicated that any accused persons would be a competent witness and may give evidence on oath in disproof of the charges, was applicable to a prosecuiion which was pending at the time the amending act came into force. ..... before it two questions for determination, namely:-(a) whether the present revision directed against the order of the learned sessions judge dated 13-5-1975 is governed by the provisions of the new criminal procedure code and, as such, maintainable; and(b) whether the learned sessions judge had jurisdiction to interfere with the findings of the munsif rendered in a reference made to him by the trying magistrate ignoring sub-section (1-d) of section 146 of ..... 484 of the new code dealing with 'repeal and savings', as far as relevant, provides:-(1) the ..... ), as if this code had not come into force.provided that every inquiry under chapter xviii of the old code, which is pending at the commencement of this code, shall be dealt with and disposed of in accordance with the provisions of this code:there is absolutely no dispute that a litigant has no vested right in any matter of procedure ..... (2) notwithstanding such repeal:-(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or ..... hereby repealed. .....

Srinivasa Ramanuja Das Vs. Commissioner of Orissa Hindu Religious Endo ...

Court : Orissa

Reported in : AIR1959Ori83

..... 1046 : (air 1954 sc 400), the legislature made consequential amendments to the new act giving a right of appeal to the high court (vide section 44 of the new act) against an order settling a scheme and also making some modifications and additions to the act so as the conform to the principles laid down in the aforesaid ..... was replaced by the orissa hindu religious endowments (amendment) act 1953 (orissa act xviii of 1953) which came into force ..... a mahant is not material, so far as the binding nature of the scheme is concerned, sub-sections (6) and (7) of section 42 of the new act and sections 40 and 41 of the old act make it clear that a scheme validly settled is final and binding on all persons concerned unless it is modified or cancelled in accordance with the provisions of the two acts, that is by an application to the civil court under the old act, or by an application to the endowments commissioner or by an appeal to the high court under the new ..... to frame a scheme arises only if, after enquiry, he is satisfied that the trustee concerned has mismanaged the endowments of such math or has spent or alienated them for improper purposes and that in the interest of the proper administration of such endowment a scheme of administration should be settled'.doubtless the preamble does not incorporate the above language used in sub-section (1) of section 39. ..... as the new act) which was intended to be a self-contained statute dealing with hindu religious endowments and repealing the old act. .....

Paramananda Das and anr. Vs. Sankar Rath

Court : Orissa

Reported in : AIR1951Ori11; 16(1950)CLT80

..... when the orissa legislature passed the orissa tenancy (amendment) act, 1938, it purported to legislate in respect of matters covered by item 21, list ii, which may be quoted in full:'land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant, and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; courts of wards; en cumbered and attached estates; treasure trove. ..... the first point involves an interpretation of the provisions of the government of india act, 1986, under which the orissa legislature passed the orissa tenancy (amendment) act of 1938 (orissa act (vii [8] of 1938), and inserted schedule 1 (1) which runs as follows:'every transfer of an occupancy holding or a portion or share thereof whether by sale, exchange or gift' shall be made by registered instrument except in the case of a sale in execution of a decree or of a certificate signed under the bihar and orissa public demands recovery act, 1914. ..... but that act was 'an existing indian law' under the government of india act (see schedule 11 (2) and in respect of) matters included in the provincial legislative list (list ii) the provincial government had lull powers to legislate even though that legislation may have the effect of amending, modifying or repealing any of the provisions of such a law in respect of that subject. .....

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1952Ori42

..... this amendment has substantially the effect not of repealing but, in its operation modifying such provisions of the principal act ..... 'there can be no doubt that article 14 provides one of the most valuable & important guarantees in the constitution which should not be allowed to be whittled down, and, while accepting the statement of professor willis as a correct (sic)position of the principles underlying this guarantee, i wish to lay particular emphasis on the principle enunciated by him that any classification which ..... be stringent public regulation, not only of the conditions of production, but also of the selling price of the commodity produced; and it may even be necessary to maintain to production of such commodities when there is little prospect --as in research, for instance ..... occupation, by any citizen, involve interference, on his part, with various other fundamental rights of his fellow citizens, individually and, collectively, including the ownership of the public highways, rights thereto, the life, safety & convenience of the public, ..... in the province of orissa :and whereas it is expedient to authorise the said company to run stage carriage & public carrier's services in the province of orissa, to the exclusion of all other persons in the routes & areas over which it extends its activities & thereby provide for such modification of the said act:' section 2 of the act says that the act shall be construed as forming part of the motor vehicles act, 1939 but that where there .....

P. Raghunadha Rao Vs. the State of Orissa and anr.

Court : Orissa

Reported in : AIR1955Ori113

..... declares the continuance in force of existing laws and says: 'all the laws in force in the territory of india immediately before the commencement of the constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority' ..... it will be noticed that the only change that has been introduced is in the proviso which, under the government of india act, required that at least half of the members shall be persons who have held office for at least 10 years under the ..... says:'subject to the provisions of this constitution, acts of appropriate legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state'.there is a proviso to this article which says that, until provision in that behalf is made by an act of the appropriate legislature the governor may make' rules regulating recruitment and conditions of service of persons appointed to such services ..... ' it is, therefore clear that both under the government of india act and under the present constitution, no discrimination could be made on the ground of residence and no citizen could be declared ineligible for entry into government service on the ground of place of birth or ..... dated 18-1-1949, referred to in rule 5 was passed by the governor of orissa when the government of india act 1935, as adapted by the india (provisional constitution) order, 1947, was in force. .....

Narayan Biswal Vs. Ananta Mallik

Court : Orissa

Reported in : 1986(II)OLR584

..... the execution case continued to remain stayed till 23-9-1981.on 13-3-1981 the act came into force at once being published in the official gazette and section 12 of the orissa money-lenders (amendment) act was repealed. ..... debt or interest due thereon against a scheduled debtor shall abate :provided that where a suit or proceeding is pending jointly against a scheduled debtor and any other person it shall not abate in so far as the claim against such other person is concerned :provided further that if a sale in an execution proceeding against a scheduled debtor has been confirmed before the commencement of this act, a proceeding to give effect to the sale shall be neither barred nor shall it abate. ..... therefore, a scheduled debtor is required to satisfy the pre-conditions to get the relief under section 3 of the act and the court is to carefully scrutinise if the pre-conditions thereof are satisfied.7. ..... 'small farmer' has been defined under section 2(i) of the act to mean a farmer who owns not more than one standard acre of land and whose principal source of income is agriculture or any allied occupation. ..... '.from the above it is, clear that the execution proceeding pending on the date of commencement of the act for recovery of any debt and interest accrued thereon against a scheduled debtor would abate.5. .....