Court : Orissa
Reported in : 100(2005)CLT104; 2005(I)OLR671
..... 27 of 1983 on an application filed under section 41 of the orissa hindu religious endowments act, 1951.2. ..... with the above findings, the application filed under section 41 of the act was rejected. ..... accordingly, in the application filed under section 41 of the act the respondent no. ..... of such evidence, it has been held that the 'sai mandir' situated in mylapore (madras) is not a place of public worship for the members of the hindu community, and hence is not a 'temple' as defined in section 6(2) of the madras act 22 of 1959. ..... 2 it was held that the deity swapneswar mahadev was installed within a temple and, therefore, comes within the meaning of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR465
..... misra, learned counsel for the petitioners, contends that the proviso to sub-section (1) of section 27 of the act, as inserted by way of amendment by orissa act 13 of 2003, prescribes that the assistant commissioner shall, before sending any proposal to the state government for approval, publish a notice in the notice board of the concerned religious institution and intimate the general public of ..... of some persons to be appointed as non-hereditary trustees, and after the period for filing objections was over, he recommended the said names to the government for approval under section 27(1) of the orissa hindu religious endowments act, 1951 (for short 'the act'). ..... after receipt of the proposal made under sub-section (1) of section 27 of the act for appointment of non-hereditary trustees, it may approve, reject or modify the proposal of the assistant commissioner. ..... nanda, since the order under annexure-3 has already been acted upon, the writ petition is liable to be dismissed.7. ..... 1 in exercise of its powers under section 27(1-a) of the act, without assigning any reason, rejected the names recommended by opposite party no. ..... orissa act 13 of 2003 has amended section 27 of the act by adding a proviso to sub-section (1) and inserting a new sub-section, i.e. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori92
..... purchase money remaining unpaid by the buyer for a property pledged, mortgaged, hypothecated or assigned to it but any amount of interest so recovered will also be 'money received' by the financial corporation in terms of section 29(4) of the act and, accordingly, will have to be held in trust to be applied firstly in payment of costs, charges and expenses and, secondly, in the discharge of debt due to the financial corporation and the residue of the money so received ..... the said re-rolling mill of the petitioner under section 29 of the state financial corporations act, 1951 if or short, 'the act') and attempted to sell the said re-rolling mill by inviting offers for sale by ..... -section (2) be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof and sub-section (3) of section 69a of the transfer of property act further provides that a receiver appointed by the mortgagee under the powers conferred by section 69a shall be deemed to be the agent of the mortgagor and the mortgagor shall be solely responsible for the receiver ..... sale consideration becomes due and payable to the owner as soon as the sale transaction was finalized and the financial corporation had no right to withhold the same as it was acting as a trustee and the owner would be entitled to claim interest for the delay on account of withholding of the payment of excess sale consideration by the financial corporation. ..... act, 1951 (in short the act .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori231
..... for the orissa legislative assembly is the petitioner invoking the jurisdiction of this court under section 81 read with sections 100 and 101 of the representation of the people act, 1951 (hereinafter referred to as the 'act') praying therein to declare the election of respondent no. ..... with this question, the importance of the secrecy of the ballot papers cannot be ignored and it is always to be borne in mind that the statutory rules framed under the act are intended to provide adequate safeguard for the examination of the validity or invalidity of votes and for their proper counting ..... . the assistant returning officer does not come into picture either under section 82 or under sub-section (4) of section 86 of the act and in that view of the matter, the said assistant returning officer cannot be said to be a necessary party to the election petition and there is absolutely no substance in the ..... madhav rao scindia, air 1976 sc 744, their lordships of the supreme court have considered sec, 83 of the act and reiterated the distinction between 'material facts' and 'particulars', and have held that all the primary facts which must be proved at the trial by a party to establish the ..... under the rules framed by the orissa high court to regulate the proceedings under the provisions of the act, rule 4 enjoins that the election petition shall be presented either in person or by an advocate duly authorised by the party concerned to the registrar or in his absence to the deputy registrar, .....
Tag this Judgment!Court : Orissa
Reported in : IV(2005)BC294; [2005(107)FLR599]; (2006)IILLJ473Ori
..... there is no direct transfer of the establishment from the previous owner to the petitioner.now coming to the relevant provisions of the state financial corporations act, 1951, it appears that when the corporation exercises power under section 29 of the act it takes over an establishment and shall have the right to take over management or possession or both of the industrial concern as well as the right to transfer by ..... manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision of this act or the scheme or the family pension scheme, as the case may be, in respect of the period upto the date of such transfer:provided that the liability of the transferee shall be limited to the ..... from the discussions made earlier, i am of the view that under section 29 of the state financial corporations act, orissa state financial corporation has the first charge over the property and therefore on the face of such provisions contained in the state financial corporations act it is difficult to accept the contentions of the learned counsel for the provident fund commissioner that the decisions cited by him have any application, more so when ..... shri jena, learned counsel appearing on behalf of the provident fund commissioner submitted that section 17-b of the act has full application to the facts of the case and decision in the case of subarban play and .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT621
..... or any local authority; or(m) has been in arrears of any tax, fee or rate due by him to any grama panchayat for a continuous period of two years; or(m-1) being a member of any society registered under the orissa co-operative societies act, 1951 (orissa act ii of 1952) has failed to pay any arrears of any kind accrued due by him to such society for a continuous period of two years or more; or(n) is in the habit of encouraging litigation in the villagers and has been declared ..... by the government in the prescribed manner: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 samity (amendment) act, 1994 or, as the case may be, within the period of one year of such commencement unless he begets an additional child after the said period of one year. 9. ..... 6 of 2002 before the civil judge (senior division)-cum-election commissioner, banki in accordance with the provision in section 44-a red with section 44-b of the orissa panchayat samity act, 1959 (in short 'the act'). ..... the sake of convenience, we quote sub-section (1) of section 45 of the act:45. ..... as noted in the impugned judgment, the sole point which was canvassed before the appellate court was relating to disqualification of the petitioner under clause (m-1) of section 45(1) of the act. ..... 1 as a sitting member of the paiichayat samiti was not paid any salary or remunerations in view of the statutory provision under the act. .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT369; 2000(I)OLR134
..... the said land vested in the state government free from all encumbrances under the orissa estates abolition act, 1951, in the year 1953. ..... 1 was a tenant in respect of the disputed land prior to vesting, in view of the provisions contained in section 8 (1) of the orissa estates abolition act, she continued under the same terms and conditions under the state government. ..... learned counsel for the appellant rightly submitted that all these aspects are clearly elucidated and concluded by the decision of the orissa high court reported in air 1951 ori. ..... had been taken over by raja of kanika in the year 1932 and subsequently, sailendra narayan bhanjadeo became the rightful owner in 1935 as would be evident from the decision of the high court of orissa, reported in air 1951 ori. ..... plaintiff is a statutory body established under the orissa state housing board act, 1968. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori194; 40(1974)CLT254
..... on an application made under section 7 of the orissa estates abolition act, 1951 the lands were settled on plaintiff no. ..... no notice had been served on them as to the fact that an application had been filed by plaintiffs 1 and 2 under section 7 of the orissa estates abolition act and the settlement made by the collector thereunder is without jurisdiction and is not binding on defendants 5 and 6. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR267
..... parties, on the other hand, contends that the earlier order having been passed ex pane, the member, board of revenue, had the power of review under section 7(1) of the orissa board of revenue act, 1951, and, therefore, no illegality has been committed by re-hearing the matter and re-disposing of the same in accordance with law. ..... parties raised a contention that since there is no power either under the orissa estates abolition act or under the orissa board of revenue act giving authority to set aside an ex pane order, the general power of review under section 7(1) could have been exercised by the board. ..... in fact, subject-matter of reference made by the collector under section 13-d(2) of the orissa estates abolition act to the tribunal constituted under section 18-c of the said act for determining whether the properties formed a part of the trust estate or not, as per the gazette notification under anntxure-9. ..... (other than a decision or order against which an appeal or revision has been preferred under this act) may, within one year from the date of the decision or order, as the case may be, and after giving all persons interested an opportunity of being heard, be reviewed by the officer who made the decision or passed ..... review being a creature of statute and that power haying been conferred upon the board of revenue under section 38-a of the orissa estates abolition act, the said power could be exercised within the parameters provided thereunder. .....
Tag this Judgment!Court : Orissa
Reported in : 81(1996)CLT477; 1996(I)OLR345
..... power under that section, need not await a datermination of this question in a proceeding initiated or to be initiated under section 41 of the act, the absence of a hereditary trustee being a condition precedent for exercise of the power under section 27 of the act, the assistant commissioner shall have to record, while exercising this power, as to why he is of the opinion that there is no hereditary ..... by us could not in any way adversely affect the interest of a hereditary trustee because it is admitted at all hands that despite an order passed under section 27 of the act, it would be open to the trustee is question to raise a dispute about his being so under sec, 42 of the act, which proceeding, if it terminates in favour of the trustee, would override the order passed under section 27 of the ..... that case was whether the assistant commissioner in a proceeding under section 27 of the act could determine the question as to whether the institution is public or private and whether there ..... as regards the appointment of trustees in respect of a religious institution in exercise of powers under section 27 of the orissa hindu religious endowments act, 1951, (for short, 'the act'). ..... can, therefore, be no manner of doubt that the assistant endowments commissioner has no jurisdiction to appoint a non-hereditary trustee of a religious institution under section 27 of the act, without prior determination of the question that the institution is a public one and has no hereditary trustees.' 5. .....
Tag this Judgment!