Court : Orissa
Reported in : 105(2008)CLT697
..... 333 of 1993 was filed by the writ petitioner before the commissioner, consolidation under section 37(1) of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972 (herein after referred to as 'the act') praying for correction of the map prepared under the consolidation scheme in respect of sabik plot nos. ..... 4 having candidly admitted in the revision petition filed before the director, consolidation that he was aware of the previous revision filed by the petitioner, the director has acted erroneously in holding that principle of res judicata will not apply to the facts of the case.9. ..... 333 of 1993 before the consolidation commissioner under section 37(1) of the act impleading the said opposite party no. ..... 1 under section 37(2) of the act making allegation that he is the owner of chaka plot nos. ..... 498 as per the sabik map, but there is a deviation in the hal map prepared under the act. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT241
..... to formation of bhubaneswar municipal corporation used to collect fees from those footpath shopkeepers and cabin owners every day at the rate of rs.1 per shop since 1983 in accordance with section 307 of the orissa municipal act, 1950 (hereinafter referred to as 'act 1950).there were 161 shopkeepers dealing in readymade garments, small betel shops, plastic goods shops, leather bag shops and other daily utility shops, plastic toyshops etc. ..... municipal corporation is a nodal agency for maintenance of public road and orissa municipal corporation act empowers bhubaneswar municipal corporation under section 407 to evict encroachers from the public roads. ..... section 408 of the said act requires the commissioner to give a written notice to the owner-or occupier of any premises, wall, fence, rail, post step, booth or other structure or fixture to remove such wall, post, and ..... chapter xviii of the said act makes provision for regulation of ..... the orissa municipal corporation act, 2003 came into force on ..... in view of the 2003 act, even the doctrine of promissory estoppel will have no ..... said representation was disposed by the special secretary to the government in general administration department wherein it was stated that unauthori-zed encroachments, are liable to be evicted under the public premises (eviction of unauthorized occupants) act, 1972. ..... opposite parties evicted/demolished those footpath shops and cabins without giving notice and without adopting any procedure enshrined in the act 1950. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori78
..... the said date by virtue of the provisions of the legal practitioners act 1879, or any other law; shall, notwithstanding the repeal by this act of the relevant provisions of the legal practitioners act, 1879, the bombay pleaders act, 1920, or other law, continue to enjoy the same rights ..... the names and addresses of-- (a) all persons who were entered as advocates on the roll of any high court under the indian bar councils act, 1926, immediately before the appointed day and who, within the prescribed time, ex-press an intention in the prescribed manner to practise within ..... as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be to which he was subject immediately before the said date and accordingly the relevant provisions of the acts ..... or law aforesaid shall have effect in relation to such persons as if they had not been repealed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori90
..... on the submissions made by the learned counsel for the petitioner, the questions that fall for decision are two fold :(1) whether the principles of sections 59 and 60 of the contract act can be made applicable in respect of payments made in execution case in respect of a single debt with interest, to accrue, in the absence of any express intimation by the judgment-debtor as to the particular mode of appropriations; and (2) whether ..... 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, yet would have no application in orissa. ..... 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 ..... was very much less than the revenue for the march kist but somewhat in excess of the arrear in question, it was held, applying the provisions of sections 59 and 60 of the contract act, that the circumstances implied that the proprietor intended payment to be treated asin respect of the january kist. ..... also been affirmed by the supreme court in air 1986 sc 589 ganpat giri v. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT638
..... do hereby delegate to the collector of the district the powers to grant exclusive privilege of selling in retail country liquor under clause (c) of sub-section (i) and foreign liquor under sub-section (1-a) of section 22 of the said act to any person if the bid amount or the negotiated amount, as the case may be, offered by such person is equal to or more than the reserve price of consideration money of the shop.sd/-commissioner-cum-secretary to government. ..... the legal contention raised by the petitioner is not directly replied but it is stated by the superintendent of excise that 'as the licensee are carrying on their business in violation of the excise policy as well as the act and the rules and in contravention of their own undertaking, the excise superintendent getting no other alternative issued the show cause notice dated 29.06.2008 under annexure-11 asking to show cause as to why the licenses shall ..... accordingly, she submits that in view of the delegation of power under section 7(2)(e), the powers and function of the state under section 22 of the act has been delegated to the collector and therefore, the collector is the competent authority to deal with the condition of license both for granting it and for its suspension or cancellation. ..... the deponent has been approved by the collector, who is the authority under the act to issue license and to take appropriate action in respect of any violation. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT537
..... the bda has not taken any steps either by initiating unauthorized proceedings under section 91 of the orissa development authorities act, 1982 or otherwise against the writ petitioners and its members claiming to have been carrying on their respective business on either side of the street in janpath area from rajmahal square to sishubhawan chhak. ..... directives, the policy, namely, national policy for urban street vendors was formulated and the main intention of the policy was to give vendors and road-side businessmen the legal status by amending/casting/repealing & implementing appropriate laws & providing legitimate zone/space for such type of businessmen. ..... the allegation that opposite parties are acting partially and showing favouritism to other similarly situated associations thereby settling them in the place of the petitioners' society is not correct. ..... in view of the 2003 act, even the doctrine of promissory estoppel will have no application.this court in w.p.(c) no. ..... : air 1986 sc 180 and in sodan' singh and ors. v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori168
..... effect of repeal -- where any orissa act repeals any enactment hitherto made, or hereafter to be made, then unless a different intention appears, the repeal shall not--(a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect ..... deeming clause is inserted which clearly provides that in respect of things done or omitted to be done before the date of expiry, the provisions of section 5 of the orissa act would be applicable as if the act was being repealed by any other act (referred to as the orissa act in the provision). ..... act being a temporary act it has expired by efflux of time and since it has not been repealed by any other law, the provisions of section 5 of the orissa general clauses act, 1937 (hereinafter referred to as 'the orissa act') has no application as the same relates to the effect of repeal ..... and duration: (1) to (3) xx xx xx xx (4) it shall cease to have effect on the 4th day of may, 1988 except as respects things done or omitted to be done before the expiration thereof and section 5 of the orissa general clauses act, 1937 (orissa act 1 of 1937) shall apply upon the expiry of this act as if it had then been repealed by an orissa act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori187
..... if a plain reading of rule 33 is made, there can be no doubt about the intention of the rule itself which besides creating a legal fiction in respect of any act, action or orders, taken, done or passed under the repealed rule, further requires that they shall have to be brought in conformity with the provisions of the 1990 rules. ..... mohar singh pratap singh, air 1955 sc 84 : (1955 cri lj 254), the supreme court observed as follows at page 88 : 'whether there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless as the section itself says, a different intention appears. ..... ' (emphasis ours) perusal of rule 33 shows that while repealing the 1983 rules it saves the acts, actions or orders passed under the repealed rules by declaring that they shall be deemed to have been done, taken or passed under the 1990 rules. ..... we cannot therefore subscribe to the broad proposition that section 6 general clauses act is ruled out when there is repeal of an enactment followed by a fresh legislation. ..... whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act, 1987 (section 7 of the orissa general clauses act) follow unless a different intention appears. ..... but when the repeal is followed by a fresh legislation on the same subject we would undoubtedly have to look to the provisions of the new act, but only for the purpose of determining whether they indicate a different intention. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori217
..... in doing so, however, courts should naturally take into account, the fact that while others deal with their own properties and affairs, the persons acting for the government have no vested rights in the matters with which they deal and should not deal with such matters as if they have vested rights ..... of course, under such executive power, the state government can give administrative instructions to its servants how to act in certain circumstances, but that will not make such instructions statutory rules which are justiciable in certain circumstances ..... , air 1'962 sc 1044 that a right that can be enforced under article 226 shall ordinarily be the personal or individual right of the petitioner himself and that any person who has been prejudicially affected by an act or omission of an authority can file a writ even though he has no proprietary or fiduciary interest in the subject matter thereof. ..... but this would extend only to such administrative orders and acts which disregard or violate a statute or statutory right which are in excess of the authority of government or which constitute fraud on the statute or acts which are mala fide or corrupt or which fail to observe the rules of natural justice where binding provisions require them to be ..... on payment of royalty at an amount which is 25 per cent over and above the highest bid offered by the petitioner at the public auction-in passing the impugned order, government acted bona fide and in the best interests of the revenues of the state. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori46
..... or apportionment of offerings, fees and other receipts in cash or in kind received from the members of the public, their lordships were of the view that there can be no manner of doubt that the act does not affect even the rights, privileges and perquisites of sevaks.this decision, therefore, is clear and unambiguous language tends to preserve the rights and privileges and perquisites of the sevaks which constituted 'property ..... the sevaks and nijogs and such other persons connected with the seva puja and management of the temple of lord jagannath, 'puri shri jagannath temple (administration) act, 1952' (orissa act xiv of 1952) (hereinafter called 'the 1952 act) was enacted and became operative with effect from 31st july, 1951 and record of rights consolidating and recording the rights and duties of different sevaks and ..... air 1972 ori 10 (supra) would operate as res judicata and, therefore, it is not available to be argued that withdrawal of their right to receive a portion of 'bheta' and 'pindika' by the amendment of the act impugned in this writ application would amount to interference with the religious rites and performances in violation of the guarantee under articles 25 and 26 of the constitution of india.15. ..... learned counsel for the petitioners has argued that although the 44th amendment of the constitution has repealed article 19(1)(f) and the entire article 31, it has, however, been re-introduced as article 300a ..... facts of the case in air 1986 sc 1466, state of maharashtra .....
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