Court : Orissa
Decided on : Sep-08-1986
Reported in : 1986(II)OLR483
..... high court in order that the authority can be held to have acted within its jurisdiction.'the supreme court also in the case of firm seth radha kishan v. administrator, municipal committee, ludhiana (air 1961 s.c. 1547), while considering certain provisions of the punjab municipal act in relation to levy of terminal tax on salt following the ..... -service of the notice under section 107(2).14. in that view of the matter, the issuance of a notice under section 147(2) of the municipal act giving one month's notice to the person interested of any alteration of the assessment list proposed to be made under any of the clauses of sub-section ..... of assessment on the ground that it was unenforceable in law for non- compliance of the mandatory provision of section 147(2) of the orissa municipal act, 1950 (shortly stated as 'the act).3. the trial court dismissed the suit for the first two years, i. e., 1974-75 and 1975-76, on the ground that ..... been fairly settled by a long line of decisions of the patna high court with reference to the provisions of the bihar and orissa municipal act which until very recently was applicable to the state of orissa as well, and the provisions are in pari materia with those in the orissa ..... .tosri gadi narayan murty.take notice that by virtue of the powers vested with the executive officer under section 147(1) of the orissa municipal act, 1950, the assessment of your holding bearing assessment no. 9095 of ward no. 13 situated in hanuman bazar street is proposed to, be .....Tag this Judgment!
Court : Orissa
Decided on : Nov-14-1986
Reported in : AIR1987Ori82; 63(1987)CLT658
..... if the widow remarries, loss would be assessed only for the period she remained as a widow. a learned judge of the punjab and haryana high court in the case of municipal committee, jullundur v. jagdish kaur, 1978 acc cj 359 : (air 1978 punj & har 195), however, declined to make ..... thereto, may be rescinded by the court upon remarriage. (see sub-section (3) of section 25 of the hindu marriage act). the juristic principle is that the entitlement ceases upon remarriage. if wife would not claim financial contribution from the husband upon her remarriage, on pari ..... circumstances. but the obligation to maintain ceases on the remarriage of the daughter-in-law. (see section 19 of the hindu adoptions and maintenance act). similarly, a direction for payment of permanent maintenance given by the court while passing any decree for judicial separation or divorce or any time subsequent ..... thosepersons alone who are entitled to bemaintained and supported by the victim andthat they must be his legal representatives.the framers of the motor vehicles act whileusing the expression 'legal representatives' insection 110-a must be deemed to be aware of thisexpression in the c.p.c. and there ..... any rule to that effect, the definition oflegal representative' as in section 2(11) of thec.p.c. would be applicable to the proceedingsunder this act, and the expression wouldmean the same thing even for purposes ofsection 110-a. 1980 acc cj 116 (madh-pra)(bhagwatidin v. gheesabibi) and 1975 acccj .....Tag this Judgment!
Court : Orissa
Decided on : Oct-21-1986
Reported in : 62(1986)CLT749; 1986(II)OLR548
..... madhu limaye's case (air1978 supreme court 47) which has been followed in raj kapoor's case (air 1980 supreme court 258) as well as in municipal corporation's case (air 1983 supreme court 67 .. referred to earlier, the preliminary objection raised on behalf of mr. mohapatra appearing for the opposite party cannot ..... aforesaid contention is also of no substance in view of the decisions of the supreme court in madhu limaye's case, raj kapoor's case and municipal corporation's case, referred to earlier, the bench decision of this court in bhima naik's case must be held to be no longer a ..... of inherent power, if glaring injustice stares the court in the face.....,.'another decision of the supreme court which need be noted is the decision in municipal corporation of delhi v. ram kishan rohtagr and others, air 1983 s. c. 67, where also madhu limaye's case has been quoted with ..... 397(2) the inherent power under section 482 cannot be invoked even in respect of instances illustratively given in r. p. kapur v. state of punjab, air 1960 s. c. 866.the result of the aforesaid discussion is that section 482 of the new code cannot be invoked to quash interlocutory orders ..... criminal proceeding initiated illegally, vexatiously or as being without jurisdiction. take for example a case where a prosecution' is launched under the prevention of corruption act without a sanction, then the trial of the accused will be without jurisdiction and after his acquittal a second trial after proper sanction will not be .....Tag this Judgment!
Court : Orissa
Decided on : Dec-10-1986
Reported in : 1987CriLJ2025
..... the specimen impression received separately as is the mandate under r. 7(1) of the rules. in air 1968 mys 196: (1968 cri lj952) (belgaum borough municipality v. shridhar shankar kundri) and 1971 cri lj 129 (pat) (daitari mehto v. state), the division benches of the mysore high court and the patna high ..... the facts of the case before the institution of complaint arises. but it has to be remembered that the pointed question before their lordships was whether the municipal board could be regarded as the complainant for the purpose of section 471(3) of the cr. p. c. that apart, the earlier decision ..... not at all arise. in (1973) 1 cut wr 48: 1973 fac 57, (sanatan sahu v. the puri municipality) this court held that the written consent required under section 20 of the act is not an empty formality. it should indicate that the authority or the person giving the written consent was himself satisfied ..... the first part is concerned, which relates to the sending of the memorandum separately, there can be no doubt that it is of a mandatory character.the punjab and haryana high court in two decisions reported in (1982) 1 fac 8 (gian chand v. state of haryana) and (1982) 1 fac 292 (guranditta ..... consent does not, in our opinion, follow.in a later decision reported in : 1970crilj492 (dhian singh v. municipal board, saharanpur), it was held as follows :under section 20 of the prevention of food adulteration act, 1954, no question of applying one's mind to the facts of the case before the institution of .....Tag this Judgment!