.....cease to carry interest from the expiration of the period prescribed by Section 41, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under Section 42. Section 46 - Inadmissibility in evidence of documents not produced No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of Section 42, shall be admissible in evidence against the ward or his representative in any suit brought by or against claimant, or any person claiming under him unless it be proved to the satisfaction of the Civil Court that it was not within his power to produce such document before the Collector. Section 47 - When mortgagee in possession may be dispossessed (1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect and direct the Court to take possession thereof; the.....
List Judgments citing this section.....of 1947.] An Act to Amend the Court-Fees Act, 1870 in its Application to the Province of Orissa, Whereas the Orissa Court-Fees (Surcharge Amendment) Act, 1945 an act to Enhance the Fees Payable under the Court-Fees Act, 1870 in its Application to the Province of Orissa will Expire on the 22nd April. 1948; and whereas it is Expedient to Re-Enact the Provisions of the Said Act: It is hereby enacted as follows: 1. Short title, extent and commencement - (1) This Act may be called the Orissa Court-fees (Surcharge Amendment) Act, 1947. (2) It extends [The Act extended to all the partially excluded areas see Orissa Gazette Part-III of 1947.] to the whole of the Province of Orissa. (3) It shall come into force at once. 2. Enhancement of court-fees- Notwithstanding anything contained in the Court-fees Act, 1870 (hereinafter called the principal Act), in its application to Orissa all fees leviable under the principal Act shall be increased by a surcharge at the rates specified in the Schedule annexed hereto. 3. Application of the principal Act- The provisions of the principal Act, save in so far as they are inconsistent with anything herein contained shall apply to this Act. 4. Repeal of.....
List Judgments citing this section.....in this behalf. The officer shall pass such orders on the appeal as may think fit. 5. Penalties "(1) Who ever contravenes the provisions of sub section 2 of section 3 or any of the term of a notification under sub section 4 of that section shall be punishable for the first offence with fine which may extent to Rs. 2000 and for a second or subsequent offence with imprisonment which may extent to 2 years or with fine which may extent to 5000 rupees or with both. (2) Not withstanding anything contented in section 322 of the code of Criminal procedure, V of 1893, it shall be lawful for any magistrate of the first-class, specially empowered by the state government in this behalf, to impose a fine exceeding Rs. 1000. 6. Bar of suits " No order made under this act either by the state government or by an officer authorized by them and no notification issued by the government under sub section 4 0f section 3 shall be called in question in any court of law. 7. Power to Make Rules " (1) The State Government may make rules for carrying out the purpose of this act. (2) Without prejudice to the generality of the fore going power such rules may provide for- (a) The classes or.....
List Judgments citing this section.....smoking assembly when it assembled may subsequently become such an assembly. Section 5 - Member of opium smoking assembly Whoever being aware of facts which render an assembly an opium smoking assembly intentionally joins that assembly, or continues therein is said to be a member of that assembly. Section 6 - Presumption from the presence of opium and opium smoking apparatus lf in any place where two or more persons are assembled, there are found opium and any pipe or apparatus for the smoking of opium or apparatus for the preparation of opium, a Court shall presume, unless and until the contrary is proved, that such persons have assembled at such place for the purpose of smoking opium or of preparing opium for smoking purposes. Section 7 - Penalty for being member of opium smoking assembly Whoever is a member of an opium smoking assembly shall be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both. Section 8 - Penalty for smoking opium and for possessing opium, etc. (1) It shall be an offence for any person- (a) to possess or smoke opium; or (b) to possess any pipe or apparatus for the purpose of smoking.....
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