Court : Orissa
Reported in : 73(1992)CLT409; 1992(I)OLR462
..... state of west bengal and ors. ..... explanation (3) to the said sub-section clearly states that the land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in revenue records before the appointed date as for the purpose of agriculture. ..... (jt 1991 (4) sc 162) in support of his contention that any land on which a building has been constructed prior to the appointed day, remains outside the purview of vacant land under the act and, therefore, that cannot be taken into account for any purpose of computation what soever. ..... in other words, according to the judgment though the building is to be excluded from computation but while allowing the retention the land covered by the building has to be taken into account and the ceiling-holder would be entitled to retain only the total extent of land as provided under the act which may include the residential building. mr. ..... the order passed by the competent authority under the provisions of the urban land (ceiling & regulation) act, 1976 (hereinafter referred to as 'the act'), annexed as annexure-2 and the order of the appellate authority, annexed as annexure-3, are being challenged in this writ application by the petitioner who happens to be the legal representative of the surplus holder late moti dei.their lordships, after rejecting .....
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT503
..... thus while hereditary trustees are not entitled to institute suits or other legal proceedings in respect of administration of a religious institution or in respect of any other matter or dispute for determining or deciding which provision is made in the act in any court of law except and in conformity with the provisions of the act, non-hereditary trustees are entitled to enforce the pecuniary or property rights of the institution or the rights of the institution as a beneficiary in the civil court. ..... xi of 1938 will be applicable to all sorts of properties including agricultural lands in the state and the above said act and its amendment shall have the retrospective effect from 1st april, 1937. ..... the deputy superintendent of the debottar department was exercising the powers of the revenue commissioner and the powers of the chief minister in regard to the revenue department were also vested in him (vide clause 1). ..... it is well settled that a permanent lease of temple land at a fixed rent or rent-free for a premium whether the lands are agricultural or building site is valid only if made for the necessity of the institution. ..... thus, action at the time of the grant of the lease even at the time when the administrator exercised jurisdiction in may 1948 in refusing to dishonour the lease was taken under the law and not in exercise of any sovereign power. ..... state of west bensal v. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT567; 1992(I)OLR344
..... and powers of all courts, except the federal court, with respect to any of the matters in this list; procedure in rent and revenue ..... the fixing the seat or seats of the high court or as regards refixing the seat of the high court, it is worthwhile to say that pursuant to an address made in the orissa legislative assembly on the 3rd day of march, 1948, to the governor of orissa for submission of a proposal to the governor-general of india for constitution of a high court for the province of orissa, the governor-general in exercise of powers conferred on him by sub-section (1) of section ..... officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts ..... court being matters covered by the subject 'constitution or organisation' in entry 78 of list i, the decision of the state government is arbitrary, being a threat by an incompetent authority in relation to the apex court of the state and hence the petitioner a member of the cuttack bar has sufficient interest personally as well as in the nature of public interest litigation to invoke the jurisdiction of this court under article 226 of the constitution of india. 13. ..... of the high court at calcutta in the state of west bengal and ors. ..... 223 deals with appointment of acting chief justice and article 224 provides for appointment of additional and acting judges and article 224a deals with appointment ..... apex court of the state, is not a mere lifeless edifice of bricks and mortar standing on a parcel of land. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori123; 74(1992)CLT772; 1993(I)OLR273
..... the rules also, it is the government who is entitled to realise the dues as arrears of land revenue, and so, the view taken by the appellate authority that the case fell within the purview of section 7 of the orissa forest act and not within rule 34 of the rules is not material.16. ..... either on the ground of vital omission in the certificate, ilr 1958 cuttack 315, or the dues sought to be realised through the certificate proceeding was not 'public demand', ilr 1959 cuttack 365 and (1960) 26 clt 592, or initiation of the certificate proceeding itself being bad because of the requisition by incompetent person (1971) (2) cwr 541, or absence of essential step, like lack of ..... which is sent to the certificate officer is not required to contain the name of the certificate-holder, but the same is incorporated in the certificate by the certificate officer (really, by his office) and, as already stated, he would normally put the name of that person as the certificate-holder who had sent the requisition; but then, it would be doing injustice to the person to whom public demand is ..... and wide but would visit our neighbouring states of bihar and west bengal ..... rameshwar chaudhury, air 1948 pat 104, in which after citing baijanath's case, the sale pursuant to the certificate proceeding was quashed because the notice served on the certificate debtor did not accompany the copy of the certificate and the form in question did not ..... plaintiff under the aforesaid act to realise an unpaid amount of road cess. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori37
..... sub-section (9) of section 4 provides:--'with effect from the date of commencement of this act no landlord shall be entitled to recover from his raiyat more than a fair and equitable rent and where in any case rent is paid in kind the revenue officer on application of either of the parties interested shall determine the fair and equitable rent in the prescribed manner and pending such determination the rent payable shall not exceed one-eighth of the gross produce or the equivalent thereof. ..... (b) no guideline is provided in the matter of fixation, of fair and equitable rent and as such unpuided dower has been vested in the revenue officer under section 4 (9) of the act. ..... the scheme of the statute is that raiyats will pav rent in cash only and uniformity of such rent is contemplated by converting the rent in kind to cash rent on the basis of prevailing local rates for similar lands.the petitioners contend that the legislature has contemplated that the determination of 'fair and equitable rent' has to be made in the prescribed manner, but the manner has not been prescribed. ..... state of west bengal. ..... ilr (1961) cut 443, while dealing with the provisions of orissa act xviii of 1948 also noticed the said term to be somewhat elastic and leaving some discretion with the arbitrator. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori132; 57(1984)CLT111
..... the plaintiffs-opposite parties 2 to 6 brought a representative action seeking permanent injunction against the defendants who are the state of orissa, its executive engineer and the puri municipality, restraining them from making any construction on the area marked 'red' in the sketch map appended to the plaint.3. ..... in 1954 when sri kumarswami raja was the governor of the state, a platform was constructed over the land where in 1948 the ceremonies had taken place and a small statue was placed over it. ..... 'if public duties are to be enforced and social, collective diffused rights and interests are to be protected, we have to utilise the initiative and zeal of public-minded persons and organisations by allowing them to move the court and act for a general group interest, even though, they may not be directly injured in their own rights. ..... on 25-9-1969, the collector, puri wrote a letter to the secretary to the revenue divisional commissioner, central division, cuttack, submitting a proposal for transfer of 3.301 acres out of 3,990 acres in plot no. ..... 511 on the sea beach at puri, a portion whereof is situated to the west of circuit house and another portion being at its back. ..... his holy ashes were immersed in the bay of bengal at puri. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... bengal act xi (11) of 1856 (sale of land for arrears of land revenue act) exempted the vesting of leases of lands, whereon dwelling house had been erected, in the purchaser of an estate, whether permanently settled or not, by ss 37 & 52 of that act ..... agricultural tenants in temporarily settled estates & their rents fixed at the time of revenue settlement........i think that some sort of chandna status should be open to non-agricultural tenants in the permanently settled estates, as to their counterparts in the temporarily-settled estates ,not of course as implying that the rents should be settled at the time of the revenue settlement, but that they should be recognised as tenants under the act, & their rents be liable to be dealt with under schedule ..... provided that if his homestead is held as a service tenure or part thereof & the holder of such tenure ceases to perform the service, he shall be liable to pay such rent for the occupation of the homestead as may be determined by the collector on an application filed either by the landlord or by the holder of such tenure'.explanation: a chandnadar is also a ' ..... , having no arable land in the village pay rent for homesteads only, are called chandinadars and their tenure chandina. ..... & labouring classes having no arable lands in the village but holding only homestead lands and paying rent therefor are called chandnadars. ..... tried to impugn the validity of the settlement of rents of chandnadars and bajiaftidars in the urban area, & referred to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori42
..... , the concerned executive authorities, however, have either by their mistaken action or their inaction brought into existence a number of permits already specified in my learned brother's judgment, some before the impugned act came into operation & some after, which considered, in the terms of their grant, can hardly be discriminated from permits, in respect of either a stage carriage or a public carrier's services, issued, transferred or renewed by the provincial transport authority ..... these decisions have been followed in a recent decision of the calcutta high court in 'the commissioner of excess profits tax, west bengal v. ..... it can however, at the same time, be contended logically' against those of the petitioners who secured their permits after 1-2-1948 that notwithstanding what they did or did not do in observing the conditions of the permits they could at any moment be ousted without any rhyme or reason by the provincial ..... public carrier's services in the province of orissa :and whereas it is expedient to authorise the said company to run stage carriage & public carrier's services in the province of orissa, to the exclusion of all other persons in the routes & areas over which it extends its activities & thereby provide for such modification of the said act:' section 2 of the act says that the act shall be construed as forming part of the motor vehicles act, 1939 but that where there is any repugnancy ..... in 'inland revenue commissioners v. ..... 'commissioners of indian revenue v. f. a. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... is sold in execution of a decree or of a certificate signed under the bihar and orisaa public demands recovery act, 1914, other than a decree or certificate for arrears of rent due in respect of the holding or dues recoverable as such, and neither the purchaser nor the decree-holder is the sole landlord, the court or the revenue officer, as the case may be, shall, before confirming the sale, require the purchaser ..... indicates that there must be actual service of notice on the landlord so as to make it obligatory on him to consider the transferee and other parsons as joint tenants or to take further steps for apportionment of rent, it will be illogical to hold that in respect of the transfer of an entire holding no such service of notice is necessary ..... ever intended that while as a result of the transfer the transferee's liability for rent should arise at once and also should extend to past arrears, his title to the land should be precarious and liable to be defeated by proceedings to which he was not a party, whether such proceedings be in respect of further or past arrears, and that the transferor tenant should be hampered in the freedom of his transfer by ..... schedule 3 of the old bengal tenancy act, 1885 which ran as follows:'when an occupancy-raiyat transfers his holding without the consent of the landlord, the transferor and transferee shall be jointly and severally liable to the landlord for arrears of rent accruing due after the transfer, unless and until notice of the transfer .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori362
..... character, was regarding the burden of proof, & besides, it also related to the effect of'(1) the insertion of a penalty clause in such document for return of the consideration money plus interest if the vendee is dispossessed from the lands through defect of title of the vendor or otherwise; & (2) the insertion of an express provision postponing mutation of the name of the vendee in the landlord's sherasta till expiry of the stipulated period.'2. the conflict of opinion, ..... emphatically, approving the decision of the board in the case of 'pattabhiramier', that mortgages by conditional sales were to take effect strictly according to the letter in madras & other parts of india where bengal regulation xvii of 1806 was not in force, that is, that in default of payment within the time fixed, the mortgagee becomes the absolute owner of the property ..... cases of transfer of occupancy holdings before they were made freely transferable by the orissa tenancy amendment act, 1938, inasmuch as either the transferee had no right to claim mutation or the same was expensive & uneconomical in view of the fact that on payment of the consideration money the transferee will have to abandon the land & the transferor may unnecessarily have to pay more than the mortgage money by way of ..... in the vendor, of the obligations of payment of rent and public charges of the property ..... it was found that the buyer did not apply for mutation of names in the revenue register till two years after the transaction ..... .....
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