Court : Orissa
Reported in : AIR1991Ori221; 71(1991)CLT339; 1991(I)OLR181
..... respondents 2 to 5 filed an application under section 41 of the orissa hindu religious endowment act, 1951 (hereinafter referred to as 'the act') for declaration that they are the hereditary trustees of the deity. ..... coming to the facts of this case, para 3 of the application under section 41 of the orissa hindu religious endowment act, 1951 reads as follows: 'that the history of the origin of the institution of applicant no. ..... section 3 (vi) of the act defines hereditary trustee. ..... the evidence adduced by the claimants satisfy the requirements under section 41(e) of the act. 12. ..... this order has been challenged in the application under section 41 of the act. ..... 1 is one of the claimants under section 41 of the act. ..... for more than a century, and as such it shall be presumed that they have been functioning as trustees from the time of its founder which satisfies definition of 'hereditary trustee' in the act. ..... the learned additional assistant commissioner of endowments rejected the application of the claimants under section 41 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori205; 56(1983)CLT47
..... proceeding under section 25 of the orissa hindu religious endowments act, 1951 was allowed on 30-10-69 and direction was issued to the collector ..... instituted a proceeding under section 25 of the orissa hindu religious endowments act, 1951 before the commissioner of endowments for recovery of possession. ..... officer of the math appointed by the commissioner of endowments instituted a proceeding under section 68 of the orissa hindu religious endowments act for recovery of possession, which was allowed on 19-9-68 and the plaintiff was directed to deliver vacant possession of the suit land ..... it was contended on behalf of the plaintiff-appellant fhat article 134-b of the old limitation act corresponding to article 96 of the new limitation act is not applicable to the case and that article 144 of the old act corresponding to article 65 of the new act is the relevant article to govern this case. ..... on the question of adverse possession, it came to hold that article 134-b of the old limitation act was applicable and since the lessor was removed from the office in the year 1965 and the suits were filed within 12 years from the date of removal of the lessor, ..... 1940 pc 116, that article 144 of the old limitation act applies to such a case for acquisition of title by ..... is a juristic person having the power of acquiring, owning and possessing propertiesand having the capacity of suing and being sued; being an ideal person it mustof necessity act in relation to its temporal affairs through human agency. .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT460; 2002(83)ECC378; 2002(144)ELT257(Ori); 2002(I)OLR558
..... prior to its incorporation, that the transfer in favour of the petitioner in terms of section 29 of the state financial corporations act, 1951 enabled it to take the stand that it was not liable for any of the prior dues of the defaulter-company, that in view of section 468 of the state financial corporations act, the provisions of section 11 of the central excise act or rule 230(2) of the central excise rules, cannot prevail and going by the relevant provisions of the state ..... therein, a division bench of andhra pradesh high court held that state financial corporations act, 1951 was a special enactment and it prevailed over rule 230(2) of the central excise rules and hence the order of detention in purported exercise of that power, of the plant and machinery of a defaulting assessee sold by the financial ..... the financial corporation in exercise of its power under section 29 of the state financial corporation act, 1951, took over the industrial unit with all its assets in terms of section 29(1) of that act and subsequently sold the undertaking as envisaged by that section. ..... learned standing counsel for the financial corporation submitted that when the financial corporation takes over an undertaking under section 29(1) of the state financial corporations act and thereafter deals with it, the iiability of the defaulter does not attach itself either to the financial corporation or to the subsequent transferee and hence the attempt to recover the duty was not legal or justified. .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR612
..... it was alleged that the opposite parties, who were villagers of the nearby villages were trying to constitute a non-hereditary trust board under section 27 of the orissa hindu religious endowments act for the management of the suit institution and as the said action would be prejudicial to the rights and interest of the petitioners, they filed the original application for appropriate adjudication and ..... parties appeared and filed a counter taking a stand that the commissioner of endowments in exercise of the powers conferred under section 7 of the orissa hindu religious endowments act, 1951 have appointed them as members of an interim trust board for smooth management of the institution. ..... 2002, in exercise of the powers conferred upon him under section 44(1) of the orissa hindu religious endowments act, 1951 is assailed in this appeal.2. ..... the original application and the averments made in the petition reveal that the members of the interim trust board constituted by the commissioner of endowments under section 7 of the orissa hindu religious endowments act were only impleaded as parties to the original application. ..... commissioner and the deputy commissioner acted illegally and with material irregularity in remanding the matter for fresh ..... according to the petitioners they acted as sebayats and except them no other persons had got any right, title, interest and possession over the land endowed by ..... section 41(1)(i) of the orissa hindu religious endowments act before the court of addl. .....
Tag this Judgment!Court : Orissa
Reported in : (1999)IILLJ527Ori
..... or the reserve bank or a state government or a public financial institution or a state level institution or a scheduled bank may, if it has sufficient reasons to believe that any industrial company has become, for the purpose of this act, a sick industrial company, make a reference in respect of such company of the board for determination of the measures which may be adopted with respect to such company: provided that a reference shall not be made under this sub ..... pal appearing for the petitioners has referred to section 11b of the industries (development & regulation) act, 1951 and has urged that unless the central government notifies an industry as a small scale industry it cannot be regarded as a small scale ..... having regarding to the factors mentioned in sub-section (2), by notified order, the requirements which shall be complied with by an industrial undertaking to enable it to be regarded, for the purpose of this act, as an ancillary, or a small scale, industrial undertaking and different requirements may be so specified for different purposes or with respect to industrial undertakings engaged in the manufacture or production of different articles ...... ..... 3(1)(f) of the act of 1985 has kept a small scale industrial undertaking as defined in clause (j) of section 3 of the industries (development & regulation) act, 1951 outside the purview of the act. ..... units were registered as small scale industries under the provisions of industries (development & regulation) act, 1951. 11. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR423
..... 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 bank of india ..... -section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act(2) the provisions of this act or the rules made thereunder shall be in addition to, and not 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 ..... to the official liquidator or the liquidator appointed by the company court and after hearing him.xxx xxx xxx xxx(iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the concerned creditor is to approach the company court for appropriate directions regarding the realization of its securities consistent with the relevant provisions of the companies .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR214
..... omissions or discrepancies of a vital nature, which are likely to cause prejudice to the defence of the returned candidate it cannot be said that there has been a substantial compliance of the provisions of section 81(3) of the act;(4) prima facie, the statute uses the words 'true copy' and the concept of substantial compliance cannot be extended too far to include serious or vital mistakes which shed the character of a true copy so that the ..... copy furnished to the returned candidate cannot be said to be a true copy within the meaning of section 81(3) of the act; and(5) as section 81(3) is meant to protect and safeguard the sacrosanct electoral process so as not to disturb the verdict of the voters, there is no room for giving a liberal or broad interpretation to the provisions of the said section.'9 ..... 1 were liable to be rejected under rule 47 (1)(c) of the rules framed under act 43 of 1951 on the ground that the said ballot papers did not have the distinguishing mark prescribed ..... written statement while denying the main allegations in the election petition has prayed for dismissal of the election petition on the ground of non-compliance with sections 81, 82 and 83 of the representation of the people act, 1951 (hereinafter called the 'act'). ..... petition liable to be dismissed for non-compliance of the provisions of sections 81, 82, 83 and 117 of the representation of the people act, 1951 ?4. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori64; 94(2002)CLT755
..... to restrain any person from instituting or prosecuting any proceeding in criminal matter; (e) to prevent the breach of contract the performance of which would not be specifically enforced; (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (g) to prevent a continuing breach in which the plaintiff has acquiescend; (h) when equally efficacious relief can certainly be obtained by any other usual mode ..... file a case that it is not binding on them (2) is the lower appellate court correct to hold that the suit is hit by section 73 of the orissa hindu religious endowment act in view of section 41(1)(a) of the act, especially when there is no prayer for any declaration in order to attract section 41(1)(e) and the court was only called upon to answer the effectiveness of previous compromise decree and decide the ..... lord lingaraj temple and its endowments are governed by a scheme framed under the orissa hindu religious endowment act and the trustboard has passed resolution dated 11.11.91 under the scheme framed by the endowment commissioner and therefore ..... orissa hindu religious endowments act, 1951.said section provides that no suit or other legal proceeding in respect of the administration of a religious institution or in respect of any other matter or dispute for determining or deciding which provision is made in this act shall be instituted in any court of law, except under, and in conformity with, the provisions of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 2000CriLJ4468
..... case land was not handed over to the members of the first party nor there is evidence to the effect that the trustees passed any order in accordance with section 32 of the orissa hindu religious endowments act, 1951 dismissing or removing the second party from the hereditary sevayatship nor communicated any such order, if any, to him and therefore learned s.d.m. ..... according to provision under section 32 of the hindu religious endowment act, 1951 a hereditary sebayat can be removed from his office by the trust board and such order of the trust board is appealable before the assistant commissioner of endowment. ..... he is possessing the case land and in that respect his status and possession has been noted in revenue records during settlement operations in 1936 and 1975 and the proceeding under the orissa estate abolition act finalised in 1977. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori1
..... any person other than those mentioned in section 136(2)(a) shall be punishable with imprisonment for six months or with fine or both.section 138 -- amends the code of criminal procedure (act 5 of 1898) making suitable provisions in appropriate places regarding offences relating to elections under section 171f of the indian penal code (punishment for undue influence or personation at an election), ..... us then consider the scheme of the representation of the people act, 1951 fas amended) which gives such right and lays down the nature ..... of the government and is removable by the government and as such a sarpanch, under the orissa crania panchayat act, falls within, section 123(7)(f) of the representation of the people act and as the services of sarpanches were admittedly made use of by the petitioner, he is guilty of corrupt practice contemplated under section 123(7) of the act and that the case falls under sub-clause (b) of clause (1) of section 100.while holding the petitioner ..... above scheme of the representation of the people act, 1951 (as amended) that their lordships of the supreme court observed that theseproceedings under the act are of quasi-criminal nature. ..... of the indian penal code (bribery) or section 171f of the indian penal code (undue influence or personation at an election) or of an offence punishable under section 133 or section 136(2)(a) of the act or, is upon the trial of an election petition under part vi (covering sections 79-119a) found guilty of any corrupt practice. .....
Tag this Judgment!