Court : Orissa
Reported in : AIR1964Ori205
..... the present case,even if it be assumed that the word 'review' hasbeen used in article 182, in a large sense and thatthe application for reopening the decree under section 36of the bengal money-lenders act was an application for review, the appellant cannot succeed because the court never undertook or purported toreview the decree in question' it was contended that the supreme court ..... . it was contended there that the application filed by the judgment-debtor for reopening the preliminary mortgage-decree under section 36 of the money lenders act must be regarded as an application for review and time should be held to run from the date of the final order passed in the proceedings connected with that application ..... . briefly recapitulated, what actually happened in that case was that an application under section 36 of the bengal money-lenders act for reopening the preliminary decree and 'not the final decree which is the decree sought to be executed' was dismissed for default ..... to apply clause (2) of article 182 to appeals in collateral proceedings under order 9, rule 13, c.p.c.16.reliance was placed by the learned counsel for the appellant on a single judge decision of the bombay high court in a case reported in air 1960 bom 154, sardar singh amar singh v. ..... the point now raised came up for consideration as to whether an appeal in a restoration proceeding is an 'appeal' within the meaning of article 182 (2) as would appear from the case reported in air 1946 cal 375, harish chandra v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori149
..... one of the reasons for construing the words 'suit' and 'court' occurring in section 10 of the orissa money lenders act as including appeals and appellate courts. ..... rents and protection of tenants from unreasonable eviction by landlord, was necessaryunder existing conditions and that the general lawof landlord and tenant laid down in chapter v ofthe transfer of property act should not be allowed to operate in all its rigour; the statute isthus a beneficial measure intended for the protection of tenants and should be given a beneficialconstruction so as to suppress the mischief ..... definition of the expression 'tenant'' though given a limited retrospective effect in respect of suits for eviction actually pending in the trial court on or after the date of commencement of the act, should not be given further retrospective effect so as to apply also to first appeals or second appeals against decrees for eviction which may have been pending on the date the ..... ramdas also drew our attention to the provisions of ordinance ii of 1961 by which a new section (section 6-a) was added to the act granting the temporary relief of stay of execution of decrees to those tenants who had filed appeals or revision petitions or review petitions against such ..... again, section 50 of the bombay rents (hotels and lodging houses rates) control act, 1947 which came up for construction ..... of 1946 and theorissa house bent control of 1947 were passedand the latter act was replaced by the orissahouse rent control act of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori84
..... contends that the two english decisions on which the madras high court and the lahore high court relied are based upon the particular wording of sections 38 and 74 of that act and inasmuch as the corresponding sections under the indian act are different, the said english decisions nor the madras and lahore decisions following those decisions can be regarded as authority contrary to the position ..... discussion of the law, justice kapur seems to be of opinion that a fully paid-up share-holder is not entitled to bring under the law a winding up petition as he is not a contributory within the meaning of section 156, though his actual decision in the case was-where a contributory files an application for winding up and does not allege that there is a surplus and does not give prima facie evidence of the likelihood of ..... this witness belongs to a family of money-lenders and it is quite improbable that he could have advanced the money without having a voucher with him or without ..... fact that there are some decisions of the madras lahore, bombay and allahabad high courts to the contrary position, yet on a correct construction of the relevant sections of the indian companies act, the position with regard to this question in the indian law is quite different from that under the english acts. ..... armstead in 1946 has not been discharged although interest of this loan has been regularly paid; that the transfer of shares belonging to appalla narasimham was in pursuance of the decision of the board of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori11
..... rule 11 is in the following terms:--'every plaint in a suit by a money-lender as defined in sub-clause (1) of clause (1) of section 2 shall in addition to any other particulars that may be required by any law, contain the following particulars; (i) date and number of his registration certificate; (ii) maximum capital in respect of which he holds certificate; and (iii) a copy of the account referred to in clause (a) of section 7 of the act relevant to the case. ..... the facts in the instant case were that although it was stated in the plaint of ani bai and kundan tal that they were registered money-lenders, the question that provisions of rules 11 and 12 had not been complied with was not raised in the written statement, nor was there any issue framed. ..... whatever may be the position, at the time of entering into the partnership with surajmal, the evidence is complete that after the death of surajmal in 1946, his son bajranglal and brother pannalal the coparceners of surajmal's family entered into a contractual relationship with maniial and tulsiram's family. ..... the view taken by the calcutta and the madras high courts is that the assessment order is a public document.the bombay high court in a later decision reported in : [1942]10itr429(bom) , emperor v. ..... but the view expressed in this case was considered in a later decision of the bombay high court and the assessment orders were held to be admissible. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori66
..... under section 7 of the orissa money-lenders act, every registered money-lender shall, in respect of every transaction made by him after the commencement of this act relating to any loan advanced by him regularly, record and maintain an account of the loans advanced to each of the debtors. ..... this contention is not available to him in face of the statutory provision in section 7 (a) of the orissa money lenders act and rule 11 framed thereunder. ..... under rule 11 of the rules framed under the orissa moneylenders act, every plaint in a suit by a moneylender must contain a particular showing a copy of the account referred to in section 7(a) of the orissa money lenders act. ..... rath's contention is unassailable, such contention is not available to a registered money-lender in view of the statutory provisions in the orissa money-lenders act and rules. ..... following contentions:(i) in the absence of a finding that the plaintiff was in possession of the account book, an adverse inference cannot be drawn under section 114 of the evidence act for non-production of the same: (ii) adverse inference should not have been drawn against the plaintiff's case under section 114, illustration (g) of the evidence act for non-production of the account book without the defendant giving notice for production of the same under order 11 or without ..... custodian, evacuee property bombay, air 1961 sc 1316.7. ..... ramchandra sarawgi, air 1946 pat 66; bihar agents ltd. v. .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... in kamala mills case [1965] 16 stc 613, this court upheld the constitutional validity of section 20 of the bombay sales tax act, 1946 (set out hereinbefore) on the ground that the bombay act contained adequate provisions for refund, for appeal, revision, rectification of mistake and for condonation of delay in ..... it is contended by the learned counsel for the petitioners that in view of the provisions of the act, as no time-limit has been fixed for completion of the reassessment proceeding, the revenue is unjustly enriching itself by retaining the refund and utilising the money of the dealer, which is ultimately found refundable after completion of all proceedings arising out of a reassessment proceeding as per the set aside order ..... petitioners submits that retention of money, which is collected but subsequently found refundable, by taking recourse to section 14, requires to be balanced by grant of compensation as the state has enjoyed the benefit of using the money with impugnity. ..... basing on the provisions of the income-tax act and those statutes, it is submitted that by not granting interest, though the state has enjoyed the money collected by virtue of pretended valid order, which is ultimately found to be not tenable, the value of the money refunded is depreciated and the dealer is uncompensated as well ..... during all the time, the state has retained the money which it is not entitled to retain in accordance with law, as has been decided by the ..... pays a lender for the use of money. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori306
..... for example there are some provisions in the orissa, money lenders act (see sections 11 and 17) which say that some decrees shall be deemed to have been ..... in this case therefore it will be of mere academic interest to discuss the various conflicting decisions regarding the effect of sections 52 and 100 of the transfer of property act, when a property is purchased during the pendency of a litigation regarding the creation of a charge on the said property by a maintenance decree ..... (a), the appellants who have purchased some items of the property charged, while the decree continues to remain unsatisfied, are clearly persona bound by the decree by virtue of schedule 2 of the transfer of property act and are in the position of judgment debtors under the decree in respect of execution against the said item of property. ..... on the death of sriohandan bhuyan brundaban chandra roy because after that date the respondent being his widow became an heir to this property by virtue of the hindu women's rights to property act, 1937 and that an heir under the hindu law was not entitled to any maintenance. ..... , however, the right of maintenance of a hindi widow from the agricultural lands left by her husband was recongnised because till then the said act had not bean applied to agricultural lands left by her husband was recognised because till then the said act had not been applied to agricultural lands by the provincial legislature. ..... it was pointed out by the bombay high court in ramchandra v. ..... 1946-1 ..... 1946 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... well-known case dealing with the money-lenders acts of the various provinces.12. ..... apparently it was this distinction which the parliament imported into the government of india act also and the provisions of sub-section (2) of section 82 and sub-section (2) of section 34 bring out the distinction though they do not seem to be exhaustive of what was meant by ..... counsel for the appellants that because the definition of the word 'religious endowment, or endowment' in section 6, sub-section (12) comprises 'all' property and the act contains various provisions relating to such property and because at least some of the institutions within the scope of the act have admittedly properties outside the province and outside the dominion, the act has a necessary extra-territorial operation and is hence invalid, may be briefly dealt with.50. ..... judged by this principle, it appears that the pith and substance of the impugned provision (section 49 (1)) is the raising of money for the sole purpose of 'meeting the expenses of the commissioner, and officers and servants ..... it is suggested that for the levies both under the central income-tax act as also under section 49 of the impugned act, the centre is the same and only the circumferences different and that to allow the provinces to impose a levy under the name of a fee even for the limited purposes of raising an ear- ..... decision has been noticed and expounded in a recent case in the bombay high court reported in mulchand khundanmal jagtiani v. ..... 1946 ..... (1946) .....
Tag this Judgment!Court : Orissa
Reported in : 1967CriLJ1423
..... punjab, rajasthan, uttar pradesh, west bengal and nagaland, the functions of the central government under clause (g) of sub-section (2) of section 3, and sub-sections (1) and (4) of section 4 of the foreigners act, 1946 (81 of 1946), subject to the following conditions, namely:(a) that the functions so entrusted shall be exercised in respect of parsons to whom chapter ii of the foreigners (internment) order, 1962, applies ;(b) that in ..... order dated april 13, 1966 passed by the government of orissa, home department, for arrest and detention in puri jail of the petitioner shaik farid, a pakistani national, purported to be under sections 3 and 4(1) of the foreigners act, 1946 (81 of 1946) read with the notification of delegation by the govern, ment of india, ministry of home affairs, no, 1/45/63 1.1 ntt. ..... in support of the view discussed above the learned counsel cited a division bench decision of the bombay high court where a similar question of the effect of pre-amendment delegation of power under a particular ..... bombay case the material facts were these:on the 19th december 1941, the powers of the government of bombay under rule 26 were delegated to all district magistrates by the government of bombay and by virtue of that order of delegation the district magistrate acting ..... in the judgment their lordships of the bombay high court expressed the view to the effect that the delegation could not be deemed to cover the delegation of such power as might hereafter be brought into existence .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori50
..... (v) the plaintiff is not a money-lender in regular course of business and the suit is not hit by the provision of the orissa money lenders act. ..... the defendant also takes the plea that the plaintiff is a regular money lender and he having no money-lending licence, the principal as well as interest thereof cannot be recovered by him in the suit.4. ..... the plaintiff has alleged that he is not a regular money-lender and the aforesaid transaction was a solitary one in which he had advanced money for purchase of paddy : as aforesaid. ..... any agreement which is ab initio void may fall under the description 'contract discovered to be void' within the meaning of section 65 of the act, if it was not known to the parties that it was voidat the time when it was entered into. ..... brajal relying on the aforesaid decision of andhra pradesh high court and some others, it was held that section 65 of the act applies where the contract is void from its inception but the parties or at least the plaintiff enters into it bona fide and the contract is later discovered to be void. ..... in that case, foodgrain was given to the defendant on loan which was in contravention of clause 10 of maharashtra scheduled foodgrains (stocks, declaration and procurement and disposal, acquisition, transport and price control) order, 1966. ..... in a single judge decision of bombay high court reported in air 1978 bom 322, bhaskarrao buty v. .....
Tag this Judgment!