Court : Orissa
Decided on : Oct-18-1949
Reported in : AIR1950Ori99
..... matter of lister's hospital (1855) 43 e. r. 1202 : (6 de. g. m. & g. 184).17. the object of section 92 of the code, and the sections like section 73, madras act and section 54 of the act which later took its place in the statute books of the provinces is almost similar or rather the same i would say.18. in ..... the following manner : (1) (a) a 'trustee,' whether hereditary or not, of a religious endowment, is not 'a person having interest' within the meaning of sub-section (1) of section 54 of the act; (b) does not arise. even if it arises, i would answer it in the negative ; (a) my answer would be in the negative and (3) does ..... and from ejecting him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1949
Reported in : AIR1950Ori250
..... also been taken by the patna high court in a similar case and there is no reason to think that the terms of the bihar act are far different from the provisions of the orissa act. section 13, bihar act lays downs : 'no order for recovery of possession of any house shall be made so long as the tenant pays, or ia ..... from computation and consequently the tenancy would terminate on the 11th of the succeeding month. this argument appears to me to be fallacious. in the first place, section 110, t. p. act applies only to cases where there is an express agreement limiting the period of the lease from a particular day. in the case of periodic leases, such as ..... allegation, the tenancy commenced on the nth of a month and the notice purports to terminate the tenancy with effect from 10th august 1943. reliance is placed on section 110, t. p. act, which lays down that where the time limited by lease of immovable property is expressed as commencing from a particular day in computing the time, such day .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... undoubtedly be 'taxes' but 'fees' seem to stand on a different footing. though 'fees' have nowhere been defined in the government of india act, in sub-section (2) of section 37 and sub-section (2) of section 82 it is clearly indicated that fees for license or fees for services rendered should not be deemed to be taxes and any bill containing, ..... products sales adjustment committee v. crystal dairy ltd., 1933 a c. 168: (102 l. j. p. c. 17) and reference under the government of ireland act, 1920 and section 3, finance act, (northern ireland, 1934, 1936 a. c. 352. these cases while no doubt showing that compulsion is an essential feature of taxation, do not show that it is ..... his contributions is in fact taxation it is not necessary finally to decide.'23. mr. basu then relied on in re a reference under the government of ireland act, 1930 and section 3, finance act (northern ireland) 1934, (1936) a. c. 352. but that decision is of no help in deciding the main question in she present case. there .....
Tag this Judgment!Court : Orissa
Decided on : Dec-16-1949
Reported in : AIR1950Ori213
..... reference to the document itself. that quantum is necessarily defined and limited by the terms of the document and does not offend against sections 17 and 49, registration act or section 91, evidence act. the attempt to use the document to prove the quantum of the interest and the character of possession thereunder is not the use ..... the terms of the mortgage were and they cannot be proved by any other evidence than the document itself. this is the effect of sections 17 and 49, registration act, read with section 91, evidence act.'the other two learned judges, however, namely, venkatasubba rao and ramesam jj. came to a differs it conclusion. it was pointed ..... and prescription is as much a root of title to interest in immovable property as a contractual document satisfying the requirements of the transfer of property act. this section 23, limitation act, is operative not only to extinguish the title of the rightful owner, but to transfer the title to the wrongful possessor is now well-settled .....
Tag this Judgment!Court : Orissa
Decided on : Dec-07-1949
Reported in : AIR1950Ori169
..... of reference to arbitration has become irrevocable. 6. the proviso cannot be dissociated from the history as well as from sections 16 and 47 of the act. the sections read: 'the provisions of this act, except sub-section (1) of section 6 and sections 7, 12 and 37, shall apply to every arbitration under any other enactment for the time being in force, ..... , a.i.r. (32) 1945 mad, 294: (i.l.r. (1946) mad. 39). the statutory provision dealing with the subject is contained in the proviso to section 47, arbitration act (act x (10) of 1940). the provieo it has been held in the aforesaid decision, by his lordship, leach c. j. has not altered, rather reaffirmed the (sic) relating ..... party which is guilty of breach of contract may be liable to indemnification of his adversary in a separate proceeding. that is, however, quite another matter. section 47 of the act, like section 89, civil p.c. contains the words 'save in so far as is otherwise provided by any law for the time being in force' the limitation .....
Tag this Judgment!Court : Orissa
Decided on : Oct-28-1949
Reported in : AIR1950Ori114; 15(1949)CLT123
..... the province of orissa to howrah. but there in one important distinguishing feature between that case and the present appeal. in that case the prosecution was under section 7 read with section 17 of act xxiv [24] of 1946 whereas in the present appeal the prosecution is for an offence under rule 81 (4), defence of india rules. rule 121, ..... expired, the liability for any penalty for contravention of any of the rules or orders made thereunder still continues to exist by virtue of the amendment made to sub-section (4) of section 1, defence of india rules, by ordinance xii [12] of 1946.5. the advocate-general's main contentious were that there was no conflict between the impugned ..... defence of india rules says clearly that the doing of any act preparatory to a contravention of any of the provisions of the said rules shall be deemed to .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-1949
Reported in : AIR1952Ori223
..... the mohammedan government as the official domain or savaram and labelled them private lands, but also created another kind of private lands which is defined in the proviso to section 185 of the act. the proviso indicates that 'all land which is proved to have been cultivated as private land by the land-holder himself, by his own servants or hired labour ..... estate, under exts. 8 and 8(a). but the acquisition of a ryoti interest in ryoti land will not convert the character of the land into private land. section 8 of the act prevents a merger of the interests. the lessee of the private land is called a tenant of the private land as distinct from a ryot of a ryoti land ..... cents which the mustajar alone was entitled to cultivate, would also be cultivated by the executants according to their share in the village. ex. 1/j/1881, 1/i/1884 and 1/m/1884 are similar muchalikag for faslis 1291, 1294 and 1295. the plaintiff has also filed exs. 1, 1/a, 1/b, 1/c, which are muchalikas for the period .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori240
..... statute itself regarding the value to be attached to previous settlement entries and there is no provision corresponding to the proviso to sub-section (3) of section 117, orissa tenancy act. in the orissa tenancy act, however, there is an express statutory provision regarding the relative value to be attached to the earlier and later settlement entries and ..... of correctness, however, attaches only to the current settlement record, of-rights and as regards the previous record-of-rights the proviso to sub-section (3) of schedule 17, orissa tenancy act, gays that such entry shall be admissible as evidence of the facts existing at the time such entry was made. therefore, an entry in ..... elaborately in his judgment in this case.15. as pointed out by them, in the face of clear statutory provisions in section 117, sub-section (3) and the proviso thereto, of the orissa tenancy act, specifying in unambiguous terms the exact value to be attached to entries in the current record-of-rights and the entries .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-1949
Reported in : AIR1951Ori147
..... behalf of the appellant, is that the documents (exs. 1 and 2) are usufructuary mortgage bonds and are statutorily discharged under schedule 7, orissa moneylenders act. this section provides:'notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, an usufructuary mortgage executed before ..... or after the commencement of this act shall, unless discharged previously, be deemed to stand discharged after the expiration of 15 years from the date ..... 'usufructuary mortgage' used in schedule 7 is to be understood in the light of the definition of that expression occurring in schedule 8 (d), t.p. act. there can be no doubt that the deeds in question contain something more than what is required to create a usufructuary mortgage. mr. rao, however, contends .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1949
Reported in : AIR1951Ori268
..... have undoubtedly a wider import.12. the question as to whether the determination of the boundary of a village (whether a boundary dispute existed or not) under section 13, madras survey & boundaries act, 1923 will affect title to a piece of land lying within the said boundary would depend very much on the nature of the claim to that land & ..... pltf. to claim arrear rent for the lands in dispute, (ii) the lower appellate ct. further erred in its interpretation of schedule 3, madras survey & boundaries act, 1923 & that the said section operates as a complete bar to the resp's claim of the disputed lands as part of his inam lands of village gurrebanda,7. point no. (i)-the ..... zamindar & not part of the inam lands of the resp. his finding was mainly baaed on some documents of the zamindar showing realisation of jeroyati rent in gurrebanda village from 1884 & also some documents exs. e. 2 b-l, r. 2 & e-l) signed by the resp's father himself showing payment of sent for jeroyati lands as distinct .....
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