Court : Orissa
Reported in : 37(1971)CLT503
..... in the nayagarh state gazette running to the following effect.:-- 'under orders of the ruling chief dated the 11th august, 1941, the mitakshara school of hindu law with act no. xviii of 1937 as amended by act no. xi of 1938 will be applicable to all sorts of properties including agricultural lands in the state and the above said ..... act and its amendment shall have the retrospective effect from 1st april, 1937.' in the ex-state of nayagarh the general principles of hindu law were applicable. the aforesaid notification only reiterated the position with specific reference to some statutes. admittedly ..... that the lease in this case had been granted by an authority competent under the rules in force to grant the lease. an act of state is a sovereign act which is neither grounded on law nor does it pretend to be so. in the recent decision of the supreme court, in air 1971 sc 530 (madhav rao .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori237; 35(1969)CLT448
..... the date appropriately, and notification or advertisement issued in pursuance thereof, fixing such date, cannot be questioned as illegal or without the authority of law. we are of the opinion that the rule should be appropriately amended. 10. the petitioner also challenged the constitutionality of rule 8 (2) (iii) which reads as follows: '8 (2) (iii). ..... at 21 years, whereas for other classes of minors it is fixed at the age of 18 years as provided in section 3 of the indian majority act (central act 7 of 1875); such classification was found to be not unreasonable. selection of age limit for legal majority is artificial in any case. if the legislature ..... be said that the classification effected is prima facie unreasonable. on this reasoning the patna high court held that the discrimination in section 3 of the majority act does not violate article 14 of the constitution. in truth all legislation involves classification of some sort and what article 14 means is that any classification must .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori262; 35(1969)CLT476
..... patnaik contends that section 7(v)(b) applies. mr. panda concedes the aforesaid contention and in my opinion rightly. 3. section 7(v)(b) of the court fees act, as amended in orissa, runs thus: 'in suits for the possession of land, houses and gardens -- according to the value of the subject-matter: and such value shall be deemed ..... forms part of such estate and is recorded as aforesaid; and such revenue is settled, but not permanently -- ten times the revenue so payable;' explanation i of the orissa amendment defines the word 'estate' as used in this paragraph. it says. 'the word 'estate' as used in this paragraph means any land subject to the payment of ..... 1. the plaintiff filed t. s. no. 29 of 1965 in the court of the munsif, boudh, for granting relief of permanent injunction. subsequently the plaint was amended with an alternative prayer for recovery of possession if the plaintiff was found to have been dispossessed during the pendency of the suit. the disputed property consists of 89.83 .....
Tag this Judgment!Court : Orissa
Reported in : 1986(23)ELT332(Ori)
..... of any rules made thereunder for carrying out the purposes of that chapter have been contravened, are, liable for confiscation.chapter iv-a was introduced by way of amendment by central act 12 of 1969 with the object of checking large scale smuggling of various consumers' articles smuggled into the country. it contains seven sections, namely, sections 11a to ..... are attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under the act, or any other law for the time being in force, they are liable to confiscation. clause (d), therefore, applies in three situations, namely, (i) when the goods have already ..... to the charges framed and the findings of the courts below. i would now briefly discuss the law on the subject so far as relevant to the facts and circumstances of the present case.8. section 135 of the act makes possession of any goods by a person which he knows or has reason to believe are liable .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT397
..... not destroy the title devolved on the petitioner and opposite parties 4, 5 and 6. now, coming to the question of applicability of section 3(4}'of the act as amended by orissa act of 1 of 1991. in view of discussion made in the foregoing paragraphs, there is no iota of doubt as regards its application. it may be concluded that ..... same was also rejected. according to the tahasildar, the provision of clause (c) of sub-section (4) of section 3 of the orissa government land settlement act (in short 'the act') as amended by the orissa act 1 of 1991 which came into force on 2.9.1992, is not applicable to the petitioner's case for the simple reason that though the lease ..... amended by the orissa act 1 of 1991. as it appears, under the provisions of clause (c) of sub-section (4) of section 3 of the act, khasmahal land, which is used and in occupation by any person as homestead in any urban area for not less than five years as on the appointed date, shall be settled with the person lawfully holding .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT402; 2001(II)OLR358
..... .'c-iii category educational institutions are those which have already been established and have received recognition of government and affiliation prior to the commencement of the amendment act, but do not come within categories i and ii.12. be that as it may, it is submitted by the bar that the college in which the ..... which have received, grant-in-aid from the government or in respect of which grant-in-aid has been sanctioned by government prior to the commencement of the amendment act.'b-ii category educational institutions are those which are imparting education for five years or more and have not received grant-in-aid from government for any post ..... any law, rule, executive order or any judgment, decree or order, no grant-in-aid shall be paid and no payment towards salary costs or any other expense shall be made to any private educational institution or for any post or to any person employed in any such institution after the commencement of the orissa education (amendment) act, .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ3049; 1995(I)OLR658
..... commit suicide that would amount to an offence of 'cruelty' within the meaning of section 498a which has been brought into existence by section 2 of criminal law (second amendment) act, 1989v where a married girl commits suicide within seven years of marriage, the court may presume by virtue of another newly created section in the indian evidence ..... , viz. section 113a that her husband and relatives had abetted her to commit suicide. this new section has been introduced by the self-same criminal law (second amendment) act, 1989. these are welcome measures to combat menace of dowry death section 498a does not relate to every harassment or every type of cruelty. the complainant has ..... -murder. suicide as such is no crime, as one committing suicide places herself beyond the reach of law, but its abetment doas not. it is to be noted here that another important provision (section 304(3), ipc) was introduced by act no. 43 of 1986 with effect from 19-11-1986. a presumption of unnatural death in terms .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT515; 1993(I)OLR116
..... dowry, such death shall be known as dowry death and her husband or relative shall be deemed to have caused her death. the dowry prohibition (amendment) act, 1986 also simultaneously inserted section 113-b in the evidence act, 1872 which provides for presumption as to dowry death. it is a rule of evidence. from the conjoint reading of section 304-b of ipc ..... that his sister told him six months after the marriage that for non-payment of the balance cash of rs. 500/- and the palanka the appellant and his sister-in-law used to assault her. he has admitted in his cross-examination that in the f. i. r. lodged by him he had not mentioned that the appellant and other ..... inspector general of police (h.a.d.d.), cuttack on whose direction the matter was investigated which culminated in filing of charge-sheet against the appellant and his sister-in-law. they were put up for trial in the court of additional sessions judge, jajpur to face chargas under sections 304-b and 306 of ipc and section 4 of the .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR66
..... in salim mohammed's case (supra). it is to be noted that sub- section (2) has been inserted in section 80 of the cods by act 104 of 1976 [the cpc (amendment) act, 1976]. in order to mitigate the rigours of sub-section (1) of section 80 and to enable a person to seek urgent and immediate relief against ..... notice of a contemplated suit was applicable only in those cases where plaintiff claimed damages or compensation, or in respect of acts done in execution or intended execution of the provisions of the act, rules, regulations, bye-laws or order made under it. courts below have proceeded on the basis that construction, of rooms and leasing them out and ..... be brought against any municipal councilor, the chairman, executive officer, any councilor, officer or servant, in respect of any act done or purporting to be done in execution or intended execution of this act or any rule, regulations, bye-law, or order made under it or in respect of any alleged neglect or default in the execution of this .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT479; 2006(II)OLR349
..... the legislature wanted to exclude a letters patent appeal, it specifically did so. the words used in section 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002, a specific exclusion is provided as the legislature knew that in the absence of such words a letters patent appeal would not be barred. the ..... . the finality provided by sub-clause (2) only attaches to orders passed in appeal under section 104, i.e. those orders against which an appeal under 'any other law for the time being in force' is not permitted. section 104(2) would not thus bar a letters patent appeal. effect must also be given to legislative intent of ..... be the senior headmistress of the primary section of the said school and the principal of the school respectively, would operate the bank account in question, in accordance with law under guidance of the old managing committee of the school and under the control of the plaintiff-society.4. being aggrieved by the said interim order of injunction, .....
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