Court : Orissa
Reported in : AIR1951Ori306
..... this case therefore it will be of mere academic interest to discuss the various conflicting decisions regarding the effect of sections 52 and 100 of the transfer of property act, when a property is purchased during the pendency of a litigation regarding the creation of a charge on the said property by a maintenance decree (see gangabai ..... decree ceased to be executable by the operation of a statute. this position admits of no doubt. for example there are some provisions in the orissa, money lenders act (see sections 11 and 17) which say that some decrees shall be deemed to have been satisfied under certain circumstances. no executing court can execute a decree ..... a decree for maintenance was passed in favour of the wife namely the living of the wife separately from her husband for good reasons had disappeared by the act of the parties. by returning to her husband, she became disentitled to claim maintenance and therefore it was held that the previous decree became ineffective and the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori157
..... v. state of bihar, or. misc. 977 of 1949: (a. i. r. (37) 1950 pat 265) involving the construction of similar provisions of the bihar maintenance of public order act (act iii [3] of 1950). 2. on 26th january 1950 an order known as 'the preventive detention (extension of dura. tion) order, 1960' (herein after referred to as the order ..... order entitled 'the preventive detention (extension of duration) order, 1960' made on 26th january 1960 read with orissa maintenance of public order aot, 1948, as amended by the amending act (orissa act vi [6] of 1949). the orissa aot is impugned as wholly void being repugnant to, and inconsistent with the provisions of article 22, clauses (4), (6), (6) ..... of the doubt should be given in favour of the liberty of the citizen. in spite of my earnest attempts to reconcile the orisaa maintenance of public order act, 1949 (orissa act vi [6] of 1949) with the provisions of the constitution of india as laid down in articles 12 and 22, i have been unable to uphold the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori11
..... no. (i). it is a well-known rule of legislative practice to postpone the bringing into force of an act which involves many administrative changes. in c. t. car's delegated legislation cambridge university press, 1921, this device is referred to as the 'appointed day clause' and it is pointed out'...when parliament ..... the state, it would appear that the government have decided that general elections should be held on the basis of adult suffrage as provided in the 1950 municipal act in the 12 following municipalities, cuttack, puri, balasore, sambalpur, kendrapara, jajpur. berhampur, parlakimedi, baripada, bolangir, bhawanipatna, talchor. on 13-12-1950 the ..... makes big constitutional or administrative changes, it is convenient to take time over the various stages rather than to bring them into force immediately on the passing of the act or on .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori359
..... and there is nothing in those provisions which afford any substantial help on the question which we have to decide with reference to the relevant provisions in the university act and the connected statutes. i therefore refrain from noticing them in order to avoid burdening this judgment. there seems to be nothing exactly corresponding to these provisions ..... in the vice-chancellorunder the statutes framed by the senate, i donot see any force in it. since these were madeby the senate in pursuance of section 19 of theutkal university act, i think they must, forall legal purposes, be taken as a part of theact; see -- 'baluram v. bai parinabai', 11 indcas 351 (bom) and -- 'roopchand ..... 1948 and the first annual meeting of the elected senate was held on the 30th march 1949. under sub-section (3) of section 8 of the utkal university act 43 seats were reserved for elected fellows, but at the elections held before the annual meeting only 41 fellows were returned and two seats had been left vacant. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... was appointed by the government of baroda and was liable to be removed by the government, and though she was not paid by the government but by the university she was disqualified under article 102(1)(a) of the constitution for being chosen as a member of parliament. in the case of krishnapa v. narayan singh, ..... the burden of proving that the result of the election has been materially affected on the petitioner who impugns the validity of the election, though under the english act (ballot act, 1872, section 13), the burden is upon the respondent to show the negative, i.e., that the result of the election has not been affected. in ..... the judgment of the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, respondent no. 1, from the daspalla double- .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori22
..... in this connection i may quote the following passage at pages 123-124 of mr. k. v. krishnaswamy ayyar's 'professional conduct and advocacy' -- oxford university press, third edition:'it is not unusual in this country as perhaps it as elsewhere also, for a losing client to make improper suggestions about the judge. ..... it is admitted that the pleader is practising in the court of the stationary sub-magistrate cum-ex-officio munsif at gunupur. section 14 of the legal practitioners act says (omitting immaterial portions) 'that if any such pleader ........ practisingin any subordinate court ...... is charged withany such misconduct as aforesaid . . .. the presidingofficer shall ..... representation to the munsif concerned for a report and the munsif sought the permission of the district judge to draw up proceedings under the legal practitioners act, against the pleader for having made reckless allegations against him. permission was in due course granted and the ex-officio munsif drew up two separate .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
..... of being specially subjected to discriminatory and hostile legislation, it does not insist on an 'abstract symmetry' in the sense that every piece of legislation must have universal application. ......the classification must not be arbitrary but mustbe rational, that is to say, it must not only be based on some qualities or characteristics which will ..... aforesaid bombay decision will not be of much help to the advocate general. 30. it will be interesting to note that the savings provision in the madhya pradesh act (act i of 1955) has been drafted more carefully and is more restrictive than sub-section (1) of section 5 of the ordinance. that section reads as follows ..... be included in the taxable turnover of the registered dealer. the legislature thereupon passed the bihar sales tax (definition of turnover and validation of assessments) act, 1958 (bihar act xiii of 1958) by which they validated assessments made up to the 31st march 1956, on the basis of the inclusion of such amounts under the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori81; (1965)ILLJ335Ori
..... dr. jyotsana dei passed matriculation examination privately in 1924. no age or date of birth was recorded in their matriculation certificates as at that time the, patna university did not record the age or date of birth of girl students. the petitioner was admitted into the i. a. class attached to the ravenshaw girls school ..... kept pending till there was a proposal for appointment of an additional director for the family planning for the state of orissa. mr. sitakantha misra, the then acting director of health, himself wanted to be the additional director after his reversion from the post of director of health services, and the petitioner submitted a representation ..... of natural justice ought to be followed. but it does not necessarily follow that these principles of natural justice need not be followed in respect of administrative or executive acts. the recent judgment of the house of lords in ridge v. baldwin, (1963) 1 wlr 935 has settled this question beyond any doubt. there, lord .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori80
..... these writ petitions -- are not to be disturbed. 32. the concerned authorities are also directed to apply to the appropriate authorities of the university concerned for reasonable extension of time for admission of students into the medical colleges in view of the special circumstances. we trust that all concerned including the ..... facts proved in this case, no ground has been suggested before us for exempting the government or the concerned authorities from the equity arising out of acts done by the petitioners to their prejudice reiving upon the representations. the government and the authorities concerned are thus estopped from issuing the impugned letter which ..... on that basis. we are unable to accept the argument that the government is not bound to honour the said representation, relying on which the candidates acted to their detriment. in our opinion, assuming that the power of the government in issuing the directives to the concerned authorities is executive in character, even .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori152
..... intention with which this term 'force-majeure' is used in clause 5 of part ix has been explained therein as follows:-- 'in this clause the expression 'force-majeure' means act of god, war, insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightning, explosion, fire and any other happening which the lessee could ..... of land and electricity to be an obligation of the governmtnt, and did not actually execute the agreement with that understanding and/or intention, and the defendant acted at his risk in entering into such discussion and correspondence on these matters with the individual concerned with the government. 13. the documents after the aforesaid ..... are to be construed as implied terms of the lease executed later, then in our opinion the provisions of section 5(2) of the mines and minerals act, 1957 would be rendered absolutely nugatory. 12. under these circumstances, we are of opinion that the defendant while settling the terms of the lease did not .....
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