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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 the orissa cess (amendment) act, 1978 (orissa act, 7 of 1978) repealed the ordinance enacting in toto the provisions contained ..... 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to which the union government had taken under 'its control', 'the regulation and development of minerals' so much was withdrawn from the ambit of the power of the state legislature under entry 23 and legislation of the state which had rested on the existence of power under that entry would to the extent of that 'control' be superseded or be rendered ineffective, for here we have a .....

Basanti Vs. State

Court : Orissa

Reported in : 1989CriLJ415

..... with the version that while she was trying to pull water from the well with the help of a tenda to clear herself after easing, leaving her two children near the well, she slipped and fell inside it and since the son while holding the baby sister was peeping inside the well to find out what had happened to his mother, both fell inside the well ..... sugarcane field situate at a distance of 1/4 mile from the home, in the last part of that deep winter night with the two children unless she had a pre-plan of jumping into the well and that it was not a place for answering the call of nature as revealed in the evidence, and (c) that prior to the occurrence she had been remaining in a morose condition since she had been advised by her family not to take opium ..... it is necessary for the court to reach the conclusion that at the time the offending act was committed the accused was deprived of his cognitive faculties to such extent that he was not capable of distinguishing between the right and the wrong or the legal and the illegal so that he could not be held responsible for his own actions. ..... from such statements there could be absolutely no conclusion that at the time of commission of the act she had lost her power of discretion and judgment so as not to be responsible for her action. p. w. ..... such an act on the contrary would have its origin in some pre-conceived design and preparation and would be the outcome only of the execution of such plan, a fact which would rule out any plea of insanity.14 .....

Bijay Majhi and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2007Ori48

..... the petitioners 18 broadly two fold, namely, challenging the amendment of section 28 of the act by section 3 of the qrissa co-operative societies (amendment) act, 2004 (orissa act 11 of 2004) with regard to reservation of seats in the committee of the society and amendment of the election rules providing roster points for such reservation and prescribing the manner of formulating different constituencies either on numerical ..... above conclusion, as it is an admitted fact that election to the committee of some of the primary societies has already been held in accordance with the unamended rules and it has been proposed to hold election to the rest of the primary societies by applying the amended rules, we direct that immediate steps shall be taken by the government to hold election of members to the committee of all such primary co-operative societies by applying ..... sub-rule (3), the following sub-rule shall be substituted, namely:(3) the membership of a society shall be organized constituencies-wise either on territorial or numerical membership basis as may be determined by the committee and arrayed in the manner hereinafter provided so that where it is necessary to organize the constituencies on membership basis, the constituencies shall be organized chronologically as per the serial numbers of the members in the membership ..... act known as multi state co-operative societies act, 1984, which also repealed the act ..... society act was later repealed by 1912 co-operative society act which .....

Sitaram Patel and Others Vs. Collector, Sambalpur and Others

Court : Orissa

..... act, 1960, this area was governed by the central provinces tenancy act, 1988 read with orissa amendment act xiii of 1953.11. ..... tenancy act, 1898 read with the orissa amendment act xiii of 1953. ..... tenancy act, 1898 read with orissa amendment act xiii of 1953 had been obtained by the petitioners, prior to registration of the sale deed. ..... tenancy act, 1898 (read with orissa amendment act xiii of 1953) had been obtained by the petitioners. ..... tenancy act (as amended by orissa act xiii of 1953) and came to hold that the said provision put restriction on transfer of land by scheduled tribe to a persons who do not belong to scheduled tribe even in the year 1964 since the c.p. ..... appearing for the petitioners, inter 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. ..... 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 incurred under the said enactment. .....

Pratusha Vs. Board of Secondary Education, Orissa, Cuttack and ors.

Court : Orissa

Reported in : AIR1998Ori149; 1998(II)OLR25

..... board do not comply with the said directions within reasonable time, the state government may make such regulations, addition, amendment or repeal as they consider fit and such regulations, addition, amendment or repeal shall be deemed to have been made by the board. ..... learned counsel for the opposite parties failed to show that the board has adojoud any regulation following the provisions of section 1 i (g) read with section 21 of the act prescribing the age limit for the external candidates for taking admission into correspondence course. ..... section 22 of the act further lays down that the first set of regulations shall be made by the state government after previous publication and they shall be deemed to have been made by the board and continue in force until regulations are framed by the board as requiredunder section 21 of the act either by revision, addition, ..... hearing, learned counsel for the opposite parties took us through the relevant provisions of the orissa secondary education act, 1953 (in short, the 'act') and the regulations made thereunder. ..... going through the act, we find that section 11 of the act enumerates the powers and functions of the ..... subject to the provisions of this act, the board shall have the following powers and functions, namely :-- xxxxxx xxx (f) to admit candidates to its examinations in accordance with regulations; xxxxxx xxx from the above provisions, it is clear that the board is empowered to admit candidates to the examinations held by it in .....

Antaryami Patra Vs. State of Orissa

Court : Orissa

Reported in : 75(1993)CLT803; 1993CriLJ1908; 1993(I)OLR464

..... the juvenile justice act is a reformative measure to deal with the juvenile delinquents so that they will not become hardened criminals by remaining inside jail, whereas the narcotic drugs and psychotropic substances act is a deterrent measure to deal with the drug trafficking offences and by amendment, stringent measures have been taken as an attempt to curb the drug trafficking which has become a menace and social evil and which has been ..... doubt all penal statutes are to be construed strictly, that is to say, the court must see that the thing charged as an offence is within the plain meaning of the words used, and must not strain the words on any notion that there has been a slip, that there has been a casus omissus, that the thing is so clearly within the mischief that it must ..... one statute enacts something in general terms, and afterwards another statute is passed on the same, subject, which although expressed in affirmative language, introduces special conditions and restrictions, the subsequent statute will usually be considered as repealing by implication of the former, for affirmative ..... repeals by implication of an earlier, it is necessary to scrutinise the terms and consider the true meaning and effect of the earlier act ..... question may arise whether they can be read together and the latter taken as explaining and not repealing, the earlier act. ..... where two acts are inconsistent or repugnant, the latter will be read as having impliedly repealed the earlier, the principle being .....

Keshab Chandra Choudhary Vs. Lokenath Jena and ors.

Court : Orissa

Reported in : AIR1951Ori186

..... knowing fully well that under the old law the landlord was entitled to get notice of the transfer and was also entitled to give his consent on receipt of the customary mutation fee not exceeding 25 per cent, of the consideration money expressly dispensed with the consent and the payment of mutation fee in the amending act of 1938 and kept completely silent as regards the right of the landlord to receive notice, the reasonable inference is ..... concurring) while discussing another case, which on facts is distinguishable from the present one, made some general observations to the effect that the various amendments to schedule 1, oriasa tenancy act, by the amending act of 1938 had as their object the conferments of an unrestricted right of transfer either in whole or in part to the raiyat but at the same time making it incumbent on the transferee to give notice of such transfer to the landlord ..... turns on the construction of sub-section (5) of schedule 1, but for that purpose that section has to be construed along with sections 30 a, 31a and 31b which were all contemporaneously inserted in the parent act by the amending act of 1938 and which along with schedule 1 consolidate the law relating to transfers of occupancy holdings. ..... related to tenures governed by bengal act viii [8] of 1869 which has long since been repealed, the soundness of those observations has not been doubted in any subsequent decisions, though this case was subsequently considered and distinguished in afraz mollah v. .....

Eastern Metals and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1999Ori140; 86(1998)CLT792

..... mishra submitted that provisions of section 57(3)(v) of the reform act clearly prescribe that the provisions of all india statute shall be deemed to have been repealed and cannot be brought into force for challenging the notification under annexure 1 series.mr. ..... that apart, section 26, sub-section (6) of the supply act has been amended by amending act 115 of 1976 dated 8-10-1 976 here the board has been specifically excluded from the definition of the licensee.12. ..... we may point out that so far as the provisional licence under the reform act is concerned, sections 49 and 49(2)(a) of the supply act could not have been made applicable because i have already held that the provisions of the reform act to the extent of such inconsistency override the provisions of the central act and secondly, though under section 49(2)(a) as inserted by the orissa amendment the power to revise thetariff vested with the board, the board did not | exist after the ..... effective date.we may further point out that sub-section (3) of section 23 of the reform act prescribes that such of the right and the power exercised by the board under the electricity supply act as well as the right or power which the .....

Madhaba Kara and anr. and Mahant Rama Sewak Das Represented by Chela S ...

Court : Orissa

Reported in : 1986(II)OLR470

..... further, let us see the provisions of the municipal act and those of the eviction act.according to the preamble of the municipal act, it was enacted to consolidate and amend the law relating to the municipalities in the state of orissa, and it covers all the fields generally relevant for enforcing the municipal laws.section 255 empowers the municipal authorities to grant licence to the owner or occupier of any premises to put up verandahs/balconies and the like, to construct any step or drain covering ..... if the legislature having made a general act makes after- wards a special act which is in conflict with the general act, it must be assumed that the legislature had in mind the general act when it made the special act, and in that event the special enactment must override the general enactment and the latter can have full play and, in such a case, the court should lean against repeal of the earlier act by implementing the later act, and unless it is absolutely clear that the operation ..... of the former act has to be curtailed by the latter act, the former act should be held to continue to be in force even though the .....

Kamala Kanta Mohapatra and anr. Vs. Debarchan Seth and anr.

Court : Orissa

Reported in : AIR1992Ori52

..... by operation of section 97 of the civil procedure code (amendment) act, 1976, amendments by the high court or by legislation, so far as they are inconsistent with the amended code, stood repealed irrespective of the fact whether corresponding provision of the code had been amended or modified or not. ..... as it is relevant reads as follows :'orissa high court amendment (a) substitute the following for the proviso to sub-rule (1) -- (i) provided that no application to set aside a sale shall be admitted, (a) upon any ground which could have been, but was not put forward by the applicant before the sale was concluded, and (b) unless the applicant deposits such amount not exceeding twelve and half per cent of the sum realised by the sale or such other ..... according to the learned counsel for the opposite parties, however, there was no infirmity in the conduct of sale; the petition under order 21, rule 90, cpc was not maintainable because the deposit mandated by the orissa amendment to order 21, rule 90 was not made within the stipulated time; there was no infirmity in the attachment or proclamation and merely because valuation of the property may be high that cannot be a ground for attaching any invalidity to the sale. ..... some amount of dispute arose that the orissa high court amendment does not subsist and has been wiped out after the provisions which existed at the time of amendment were replaced by the amendment of the code. .....