Court : Orissa
Reported in : AIR1950Ori125
..... drawing up and signing of a decree is added to the period of limitation allowed for an appeal on the theory that it comes within the purview of section 12, limitation act being a period occupied for the purpose of obtaining copits. this reasoning could apply to a case where an application for copy of a decree synchronises with ..... high courts. mr. rao drew oar attention to an old case reported in madan mohan v. nobin kishore, 3 c. l. j. 291, where while construing section 90, old t. p. act (corresponding to order 84, rule 6, civil p. c.), it was held that for the purpose of limitation the date on which the decree was formally drawn ..... into force on 18th december 1908. the legislature took special care to refer to the date on which a decree was made in the proviso to section 23, registration act whereas in the limitation act they merely-used the expression 'date of decree' though that expression had been given a special meaning by several previous judicial decision. the reasonable inference .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori157
..... refer to the rights of persons and not to the laws of the state. 5. i may now take up the scrutiny of all the three sub-sections of section 4, orissa act sub-section (2) is clearly invalid because it authorises the continuation of detention beyond the first period of six months on the recommendation of an advisory council as ..... after the constitution came into-force, it was open to the state legislature to undertake legislation within the limits prescribed by the president by his order dated 36th january 1950, jast as it was open to the president to adapt the existing laws in exercise of his powers, conferred by article 373(2). nothing bas been done in ..... law made by parliament by virtue of article 373. the order of the president came into force simultaneously with the constitution as the order was promulgated on 26th january 1950. there was no void or gap between the old provisions lapsing and the new provisions coming into force, (if therefore, the order of the president is valid and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... one year with effect from that date by government noffn. no. 2080-dev., dated 25-2-1950. this notification was issued in exercise of the power of the provincial government under sub-section (4) of s.1, house rent control act which provides that:'the provincial government may, from time to time, by notification extend the continuance of ..... schedule , it was provided that every person who held or thereafter should hold a commission or warrant as surgeon or assistant surgeon in his majesty's navy or army, should be entitled to practise as an apothecary in any part of england or wales without having undergone the examination or received the certificate required by a previous ..... tenancy and get possession without having to go to court if he can, and also absolves him from any penalty for contravention of the provisions of the act under section 15 thereof. when, however, the landlord is obliged to seek the help of a court by instituting proceedings, a fresh permission may well he required to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori182
..... property in question was attached before judgment in the suit of chunni lal. when he obtained his decree a re-attachment of the property was not necessary (vide section 490 of act no. xiv (14) of 1882); so that after the passing of the decree the attachment already made was to be deemed to be an attachment' in ..... 120. in the pull bench case of 'purna crandra v. sassoon', 25 cal 491. maclean, c. j., observed: 'reading the language of section 12 -- a section be it remembered in a limitation act, the provisions of which must be construed strictly, and which, when set up as a defence must not be extended to cases which are strictly within ..... subbudu', 54 mad 445. in 'ponnu nadar v. kumaru reddiar', 59 mad 75, the question was whether section 23 of the limitation act applied to that case and curgenven. j., held i that where the applicability of the section is doubtful the proper course should be to enforce against the plaintiffs the ordinary principles of limitation and accordingly applied .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori17; 18(1952)CLT362
..... a mortgage could be created orally, as seems to have happened in the case before us, and yet would be governed by the provisions ox the orissa moneylenders act. section 17 of the act expressly makes reference to a mortgage which is 'executed'. 'execute' in legal parlance means to go through the forms necessary for the validity of a mortgage. ..... .on this point there is a direct authority of this court on which the courts below have relied. in -- 'purushottam das v. s. m. de'souza', ilr (1950) cuttack 50 it has been held by a division bench that, when a mortgagee gets possession under a void mortgage he acquires by prescription the limited interest of a mortgagee ..... of the orissa moneylenders act an oral debt cannot be said to have been discharged by the mortgagee's remaining in possession for fifteen years even after the completion of his title by prescription. the distinction between the present case and the case of the -- 'purushottam das v. de'souza', i. l. r. (1950) cuttack 50, is that in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori33; 19(1953)CLT58
..... conveyed a definite advice that prior orders of detention which suffered from the defect of specifying the period of detention before confirmation of the order under section 11 of the preventive detention act, should be cancelled, and that fresh orders of detention without giving any date, should be passed before any applications are filed by the detenus ..... of the minister-in-charge of the home department, which was taken afterwards. three such instances are furnished by way of illustrations, of the year 1949 and 1950. this shows that even if orders were passed without legal authority, which consequently have to be invalid, they were passed bona fide in view of the pre-existing ..... this occasion, as was done by the advocate-general, on the prior occasion, on the rules of business of the government of orissa, (effective from 1st august, 1950), and framed in exercise of the powers conferred by clause (3) of article 166 of tbe constitution of india. great stress was laid upon rules 2, 4, 8 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... that it offends article 31(2) of the constitution.14. 'ground no. (iii)': as regards ground . no, (iii), the question for consideration is whether the impugned act (especially sections 3, 4 & 6) imposes unreasonable restrictions on a citizen in respect of his right to 'hold' his property and whether those restrictions are in the interestsof the general ..... 'air 1952 cal 273' (h) the same high court distinguished the earlier decision and held that the provisions of the west bengal rent control (amendment) act of 1950 which were in terms retrospective in operation and applicable to pending cases were not unreasonable. therefore there is no general rule of law that the provisions of any ..... to the landlords in this state) of his right to manage his lands. the saurashtra high court held relying on --'brajnandan sharma v. state of bihar', air 1950 pat 322 (fb) (m) that no compelling reasons were given to justify such a drastic piece of legislation. this case may be a good authority for declaring .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori127; 20(1954)CLT536
..... to 140 of dalziel's settlement report),the then proprietor of killa aul raja braja sundar deb accepted this settlement and filed several applications before the settlement authorities under section 128, orissa tenancy act (para 400 of dalziel's settlement report) for settlement of fair and equitable rent thereby admitting his position to be that of the proprietor of an 'estate' as ..... of the 16th century. this is, however, of purely historical interest. for the purpose of the present petition it is sufficient to say that when the british army entered cuttack after defeating the maratha army of the bhonsla rajas of nagpur in october 1803 they granted kaool-namas to various local chieftains including the then rajas of kanika and aul. the terms .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori56; 23(1957)CLT67
..... lands or buildings belonging to or vested in the bombay housing board from the operation of the bombay rents, hotel and lodging house rates control act 1947.section 4 of that act exempted from the operation of the act any premises belonging to the government or a local authority and further provided that it would not apply as against the government to any tenancy ..... government or any local authority used or held for the purposes of the army, navy or air force, or for any public work. (iv) lands held under a temporary lease granted by government. (v) lands held on a temporary lease under a grama sabha under the orissa grama punchayets act 1948. hence, if a tenant is found to be cultivating any of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori58
..... a matter which is within the executive power of the state.the arrangement evidenced by ext. 3, therefore, from the date of the constitution (seventh amendment) act, 1956, section 18, by virtue of which article 258a was added in the constitution, was a constitutional power entrusted to the union government and as such the construction work carried ..... to insert a government advertisement in a particular issue of a newspaper is not a contract or agreement within the house of commons (disqualification) acts, 1782 and 1801, and section 2 of the former act does not apply to contracts which have already been executed at the time of sitting and voting in the house.'in n. satyanathan v ..... ,'a clothier who contracts with the colonel of a regiment to furnish the regiment with army clothing, is not thereby incapacitated by stat. 22g. 3, c. 45, from being elected as a member to serve in parliament.' section 1 of the said act is as follows:'that any person who shall directly or indirectly himself, or by any .....
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