Court : Orissa
Reported in : 2006(II)OLR423
..... in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development ..... involving conflict of jurisdiction created under various statutory provisions, as is the situation in the instant case. so the decision in the case of state bank of india (supra) is clearly distinguishable.21. the learned counsel for the bank relied on the decision of the supreme court in the case of seth chand ratan v ..... argument on alternative remedy. but the facts in that case were quite different. there was a dispute over registration of the temple in question as a private trust. there was a reference by the registrar to civil court and orders passed on such reference are appealable as decrees before civil court. such appeals were .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT161; 1993(II)OLR194
..... interpretation of statutes that nothing is to be added in a statute, as mentioned at page 33 of 12 the edition. reference is also made to union of india v. deokinandan aggarwala : air 1992 sc 96, in which it has been stated that the court has no power to legislate and it cannot re-write, ..... chapter-ill deals with preparation of consolidation scheme which requires the director of consolidation to confirm the provisional consolidation scheme after disposal of appeals and objections relating to unit that such modification is necessary to effect proper consolidation, it is only then that as soon as after confirmity of the provisional consolidation scheme, the consolidation ..... section 6 in exorcise of the power conferred by sub-section (2) along with statement of principles are required by section 9 to be published in the unit in the prescribed manner and sub-section (2) thereof enjoins giving of notices containing relevant extracts from the land register to the land owners mentioned in the .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... interpretation would be such as would advance intendment and thwart mischief, and to keep path of access of justice through court unobstructed. (see cotton corporation of india limited v. united industrial bank limited : air 1983 sc 1272).francis bennion in 'statutory interpretation'(1984 edition) has observed as follows :'unnecessary technicality : modern courts seek ..... when bail is refused, is too precious a value of our constitutional system recognised under art. 21 that the crucial power to negate it is a trust exercisable, not casually but judicially, with lively concern for the cost to the individual and the community. to glamorise impressionistic orders as discretionary may, on ..... its provision so as to advance and not to thwart the particular national interest whose advancement is proposed by the legislation. (see life insurance corporation of india v. escorts ltd. and ors.; air 1986 sc 1370).5. keeping these aspects in view, i shall first deal with the inter-related questions (4 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori219
G.K. Misra, C.J.1. The case of the plaintiff may be stated in short. Schedules A, B and C of the plaint constitute the disputed lands. A and B Schedules are Bhorga lands. They were a part of holding No. 1 of the 3rd settlement (1927) in the ex-State of Sonepur. Schedule A and B lands respectively comprise 3.21 acres and 15.52 acres. Schedule C lands were in holding No. 48 of the 3rd settlement and were raiyati lands with an area of 39.84 acres. All the three schedule lands were recorded in the name of Jaisingh Rai, father of the plaintiffs, in the 3rd settlement.Schedule A and B lands were converted into rayati by order (Ext. N) of the Collector. Bolangir, on 16-12-1962 in Bhogra Conversion Proceedings in respect of village Siali in which the suit lands are situated. Jaisingh Rai died on 16-11-1954. Till his death he was in peaceful physical possession of the disputed lands in his own right, title and interest. After his death plaintiffs inherited the properties and were in possession ...
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori57; 56(1983)CLT482; 1984(I)OLR40
P.K. Mohanti, J.1. The second appeal is by defendants 1 and 2 against a decree of reversal. The suit was for partition of the plaintiff's half share in the raiyati lands described in Schedule A-1 and the Gounti-raiyati lands described in Schedule A-2 of the plaint. Both the items of the suit lands arc situate at village Kusumpal in the former State of Bamra which merged with Orissa and became a part of the district of Sambalpur on January 1, 1948.2. The substantial question of law that arises for consideration in this appeal is whether the Gounti-raiyati lands in the former State of Bamra are the personal property of the Gountia or he ceases to have the right to hold the same on abolition of the village offices.3. In the case of State of Orissa v. Prafulla Kumar Pradhan: ILR 1980 (1) Cuttack 547, a Division Bench of this Court held that the incidence of the tenancy of Gounti-raiyati land is the same as that of the raiyati land and that such lands are the raiyati lands of the Gountia an...
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori35; [1965(10)FLR313]
..... heard- (a) withhold the receipt of emoluments or perquisites: (b) impose a fine; (c) suspend; or (d) dismiss any of them for breach of trust, incapacity, disobedience of lawful orders, neglect or wilful absence from duty, disorderly behaviour or conduct derogatory to the discipline or dignity of the temple or for any other ..... --all of them are religious practices and should be regarded as matter of religion.25. in support of the petitioners' contention that they form an independent unit detached from the temple, the petitioners rely on a decision of the kerala high court in travancore devaswom board trivandram v. state of kerala, air 1963 ..... industry.4. the petitioners' point is that they as daffadars, barkandas, and ballav gudias appointed by shri jagannath temple managing committee form a separate independent unit for maintaining order and discipline in the temple and also otherwise serving other material human needs as opposed to the spiritual needs and accordingly they by themselves .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori110
..... merely because the donor was old or of weak character, no presumption of undue influence can arise. generally speaking the relations of a solicitor and client, trustee and cestui que trust, spiritual adviser and devotee, medical attendant and patient, parent and child are those in which such a presumption arises.'9. there is no evidence worth the name to prove that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... parliament. however, the residuary power is vested in the dominion parliament. the provisions relating to distribution of powers in our constitution were adopted from the government of india act, 1935. 'the british parliament when enacting the indian constitution act had a long experience of the working of the british north america act and the australian ..... something. it can pick and choose districts, objects, persons, methods and even rates of taxation as long as it does so reasonably (wills constitutional law of the united states 587). a taxing statute is not invalid on the ground of discrimination merely because other objects could have been but are not taxed by the legislature. (v. ..... meaning of the word 'land' in entry 49 of list ii ?''......entry 49 of list ii contemplates a levy of tax on lands and buildings or both as units. such tax is directly imposed on lands and buildings and bears a definite relation to it. .................the word 'land' includes not only the face of the earth .....
Tag this Judgment!Court : Orissa
..... v. shaw brothers, air 1992 sc 1555; s.p. chengalvarya naidu (dead) by l.rs. v. jagannath (dead) by l.rs. & ors, reported in air 1994 sc 853; united india insurance co. ltd. v. rajendra singh & ors, (2000) 3 scc 581; ram chandra singh v. savitri devi & ors., (2003) 8 scc 319, and submits that there cannot ..... the public interest and see that the state government discharged its responsibilities and fundamental duties towards the public of the locality keeping in view the doctrine of public trust upon the public properties. the disposal of the earlier writ petition filed by nine persons referred to supra upon which reliance is placed by the learned senior ..... flowing and handing over the same to the beneficiary company, as alleged by the opposite parties without producing any document is definitely contrary to the doctrine of public trust. requiring the beneficiary-company to maintain the flow of the above two rivers would also affect the residents of the locality at large. the aforesaid action of .....
Tag this Judgment!Court : Orissa
..... v. shaw brothers, air 1992 sc 1555; s.p. chengalvarya naidu (dead) by l.rs. v. jagannath (dead) by l.rs. & ors, reported in air 1994 sc 853; united india insurance co. ltd. v. rajendra singh & ors, (2000) 3 scc 581; ram chandra singh v. savitri devi & ors., (2003) 8 scc 319, and submits that there cannot ..... the public interest and see that the state government discharged its responsibilities and fundamental duties towards the public of the locality keeping in view the doctrine of public trust upon the public properties. the disposal of the earlier writ petition filed by nine persons referred to supra upon which reliance is placed by the learned senior ..... flowing and handing over the same to the beneficiary company, as alleged by the opposite parties without producing any document is definitely contrary to the doctrine of public trust. requiring the beneficiary-company to maintain the flow of the above two rivers would also affect the residents of the locality at large. the aforesaid action of .....
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