Court : Orissa
Reported in : 2005(II)OLR598
..... xxx xxx xxxxxx xxx xxx(v) has more than two children.in that context, the second proviso to sub-section (1) of section 45 reads as hereunder:provided further that the disqualification under clause (v) shall not apply to a person who has more than two children on the date of commencement of the orissa panchayat samiti (amendment) act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year. ..... 4 is the voter list of 1995, which was prepared on the basis of the enumeration made sufficiently before, therefore, if it does not relate back to any earlier period then at least the basis of preparation of that voter list was the facts collected in the year 1994 and by then o.p.w. no. ..... on assessment of such evidence on record, learned district judge found that the case projected by the petitioner that he was married in the year 1995 and that baijayantimala is the daughter of his uncle (p.w. no. ..... he denied to the allegation of his marriage in the year 1991 and stated that he married to santilata in the year 1995 and, therefore, baijayantimala who was born in the year 1994, cannot be counted as his daughter.3. ..... 1) was not proved and circumstances available from the voter list, ext.a suggest to the situation that santilata was a married woman prior to 1995 and, therefore, ext.a, the voters identity card does not rebut to the presumptibn arising from ext.a. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR757
..... of upper jaw and dislocation of incisor teeth and contusion of gum and lips;(ix) contusion and perforation of lower lips with ..... looking lacerated wound;(ii) incised looking lacerated wound on the left side of the upper eye-lid;(iii) contusion with swelling on the right side forehead;(iv) abraded contusion on the left side of the head between left eye and left ear;(v) abraded contusion on the right side molar area;(vi) cut injury up to bone deep of the bridge of the nose with fracture of underlying bones;(vii) dislocation of right side lower incisor and canine teeth and mouth deformed with fracture of mandible;(viii) fracture ..... state of orissa (2003) 24 ocr - 844; jaharlal das v. ..... 126 of 1995 of the court of sessions judge, cuttack) is under challenge.2. ..... 15 of 1995 (sessions trial no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori128; 43(1977)CLT293
..... it was accordingly held that the issue involved in the subsequent suit had not been heard and finally decided in the previous suit and the test of res judicata being the identity of title and not of the actual property involved in the two suits, section 11, c. p. c. ..... sinha, the learned counsel appearing in support of the appeal strenuously contended that the bar of constructive res judicata is not applicable to this case as the appellant claimed exclusive title in the subsequent suit whereas in the former suit he had conceded the title of his co-plaintiffs and of two of the defendants who were all legatees under the will of siromani. ..... if it could be, the mere omission on the part of the appellant to make it a ground of attack in the suit will not save him from the bar of res judicata, because what he might and ought to have made a ground of attack in the suit would be deemed to have been a matter directly and substantially in issue in that suit and on account of the ultimate dismissal of that suit, it will be deemed to have been decided against him. ..... the subsequent suit between the same parties was for declaration of title and confirmation of possession on the allegation that the disputed lands were allotted to the share of the plaintiffs in the previous partition by metes and bounds. ..... 10 of 1962) he claimed title under will of siromani and not as her heir: and (b) it was barred by limitation under article 47 of the old limitation act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori258
..... rule is rule 248 of the orissa grama panchayats rules, 1949, which reads as:'during any interval between the dissolution and the reconstitution of a grama panchayat directed under clause (h) of section 98, all or any of the powers and duties of the grama panchayat and its sarpanch and naib sarpanch may be exercised and discharged as far as may be and to such extent as the registrar of co-operative societies may determine, by such person or persons as he may appoint in that behalf and any such person or persons so appointed shall receive payment for his ..... the facts are that banapur grama pan-chayat functioned till the middle of the year 1954, when a fresh election was held in july under the provisions of the orissa grama panchayat act (orissa act xv of 1948) hereinafter referred to as 'the act'. ..... as these two panchayats are not function, ing since 1-4-54 and the day to day administration was at a stand-still, the tahsildar, banapur, and the tahsildar, khurda, may be appointed as special officers to exercise all the powers and duties of the banapur and jajarsingh gram panchayats respectively under section 98(f) of the act until the elected body is set up under the intensive scheme.he however, sought the opinion of the gov-ernment pleader, puri, as to who is the competent authority to appoint a person to exercise powers on behalf of the gram panchayat. .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT393; (1996)ILLJ1239Ori
..... view of our analysis as made above, we reject the contention advanced by the counsel for the corporation and hold that the condition imposed while granting retrospective promotion;by denying the pecuniary benefit is unjust and inequitable and direct that the petitioner is entitled to the financial benefits from december, 1985. ..... -in the case of jagabandhu patra (supra) this court directed in the following terms:'in the facts and circumstances, we would call upon opposite parties land 2 to restore the seniority of the petitioner though in the facts and circumstances we decline to grant the pecuniary benefit flowing from the above relief ..... , any part of the punishment of the second disciplinary proceeding might have effect in the computation of the claim, but it cannot debar the petitioner to be fitted into the scale of pay in the post of senior auditor in december 1985 and to get the consequential benefit of such ..... which met in the year 1983 and the proceedings relating to the petitioner should have been kept in a sealed cover so that it could have been given effect to immediately after finalisation of the disciplinary proceedings, but the same not having been done, the corporation has been in an advantageous position to take the stand that the petitioner was not found suitable from ..... in proper perspective by a model employer fosters the appropriate attitude in an employee and acts as a catalyst in achieving excellence in service. ..... 1, the orissa forest development corporation .....
Tag this Judgment!Court : Orissa
Reported in : (1995)123CTR(Ori)39; [1995]213ITR386(Orissa)
..... where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court.where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. ..... since the proceeding of assessment is still pending before the deputy commissioner of income-tax (assessment), in the circumstances the suit is hit by section 293 of the act.as already noted, the learned subordinate judge framed a preliminary issue 'as to whether the suit is maintainable and is hit under section 9 of the civil procedure code, 1908, read with section 293 of the income-tax act ? ..... after hearing both the parties, he has overruled the preliminary objection raised by the petitioners.section 293 of the act provides that no suit shall be brought in any civil court to set aside or modify any proceeding taken or order made under the act and no prosecution, suit or proceeding shall lie against the government or any officer of the government for anything in good faith done or intended to be done under this act. ..... after considering the facts and circumstances of the case, the order was passed under section 132(5) of the act holding that all the assets seized during the course of search and seizure operation shall be .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT693; 2006(I)OLR272
..... das relying upon the said decision also contended that the court is not bound under the circumstances mentioned under the rule to permit additional evidence and the parties are not entitled as of right, to the admission of such evidence and the matter is entirely in the discretion of the court, which is to be exercised judiciously and sparingly. ..... 1 categorically stated that the appellant has filed xerox copy of the memorandum of mark sheet of kanya kumari patnaik, the daughter of the writ petitioner, issued by the headmaster of kodvatta high school in which the name of rukmani pattnaik as wife of the writ petitioner finds place and submits that this assertion clearly shows that the document sought to be produced as additional evidence was within the knowledge of opp.party no. ..... 1 failed to establish that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, the learned district judge acted contrary to law in allowing the application under order 41, rule 27, c.p.c. ..... , air 1987 sc (orissa) 55 submitted that as held by the said decision, the provision of order 41, rule 27, c.p.c. .....
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Reported in : AIR1995Ori32
..... learned counsel for the appellant seriously contended that the adoption being an ancient one and the witnesses who were examined in proof of adoption being rustic, the appreciation of evidence made by the courts below suffers from illegality inasmuch as strict proof of the same should not have been insisted ..... he (d.w.4) claimed that the act of giving and taking took place in his presence and in presence of d.w ..... in his evidence stated that there was partition by metes and bounds between himself and his four brothers including dirju in which the suit land besides other land fell to his share. ..... fact is said to have been established where after considering the materials before it, the court either believes that it exists or considers its existence so probable that a prudent man in the circumstances of a particular case would act upon the supposition that it exists. ..... inview of the findings and the evidence on record indicated above, there is little scope for disturbing the finding that the suit land fell to the share of defendant ..... 1 under the registered sale deed dated 14-2-1969 for valuable consideration and for legal necessity and gave delivery of possession to the latter who was in possession of the same till the termination of section 145, cr. p. ..... can be no dispute with the legal proposition that as adoption results in changing the course of succession, very grave and serious onus rests upon such person who seeks to displace the natural succession by alleging adoption. ..... nor the 1995 ori. .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR314
..... 89 of 1941 was given effect to and the six shares as described in the schedule attached to the said final decree in the suit were separately possessed by the parties and after the final decree in the earlier suit, no joint family was in existence. ..... in this appeal, the learned counsel appearing for the appellant has vehemently challenged the correctness of the main finding of the trial court specially relating to the issue of adoption and issue relating to the nature of the properties acquired by various parties. ..... it is further claimed that in the year 1963 an arbitrator had been appointed, but he refused to arbitrate and subsequently on the intervention of one sri krishna murty, there was division of properties amongst the four brothers by a registered partition deed dated 19-12-1963 and the four brothers took possession of their respective properties and continued to remain in exclusive possession. ..... though in 1863 a document of partition was executed, the same was not acted upon and the plaintiff, defendants 1, 2 and srirangam continued to remain joint. ..... though sri pal has taken me through the entire documents on record and the oral evidence on record, i do not find any reason to differ from the finding of the trial court on this score.7. ..... in the absence of any reliable evidence, the trial court held that the plaintiff has failed to prove that the joint family continued and the properties had been acquired out of the nucleus of joint family property. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori131
..... abdul jalil', air (29) 1942 cal 354, that the jurisdiction of the collector to open a separate account is absolutely dependent on the existence of the circumstances mentioned in sections 10 and 11, bengal land revenue sales act (and of section 70 of the land registration act), and it was consequently held in that case that if it was found that the circumstances authorising the collector to open a separate account did not as a matter of fact exist, his jurisdiction to open the account will thereby be affected and the account opened will be without jurisdiction. ..... it is said that in the former case, the validity of the act cannot be questioned, since the power to do the act includes also the power to determine the facts requisite for the doing of the act and that a wrong determination of those facts would be nothing more than a mistake in the lawful exercise of the jurisdiction. ..... by a court of justice, except upon the ground of its having been made contrary to the provisions of this act, and then only on proof that the plaintiff has sustained substantial injury by reason of the irregularity complained of; and no such sale shall be annulled upon such ground, unless such ground shall have been declared and specified in an appeal made to the commissioner, under rule 2 of the bengal land revenue sales act of 1868; and no suit to annula sale made under this act shall be received by any court of justice .....
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