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    [0] =>  .....  then i shall not be able to recover -- i think that is dishonesty.'these principles afford a valuable guide in construing the expression 'good faith' occurring in section 51 of the t. p. act. it is difficult to believe that in an out of the way place like gangpur state where the bar itself had not fully developed in 1934 and 1935 .....  it can be held that his belief about his absolute title to the holding was not in good faith so as to disentitle him to any relief under section 51 of the t. p. act. both the courts have held (though not in clear terms) that his belief could not be in good faith because he ought to have known that criminal .....  have found that a substantial portion of the sale price was applied for legal necessity.(iii) both the courts had wrongly construed the expression 'good faith' occurring in section 51 of the t. p. act as including not only honest belief but also absence of due care in making the enquiry as regards legal necessity for the transfer.6. 'point no. (i ..... 
    [1] =>  ..... misconception as to what is a private land. he contends that the suit-land is ryoti land and that he is a raiyat entitled to the benefit of section 6, madras estates land act and that therefore he cannot be evicted. the respondent, apart from contesting these arguments raised on behalf of the appellant, contends that the appellant cannot be  ..... his view the defendant was put in possession of the land by gora misra and the land is a private land but not a raiyati land to which section 6 madras estates land act may apply. on the merits of the appeal, the appellant contends that the view of the learned subordinate judge that the suit land is a private land .....  that the suit-land is characterised as an inam would prima facie go against it. in this view of the matter, therefore, excpn. (3) of section 2 (g), orissa tenants protection act of 1948, sought to be relied upon by learned counsel for the respondent cannot apply to this case. it follows that the defendant-appellant would clearly be a ..... 
    [2] =>  ..... of civil procedure. contempt which is not ex facie is not dealt with in the indian penal code. the contempt of courts act does not define 'contempt of court'. but sub-section (iii) of section 2 of that act implies the existence of the offence of contempt of court' outside the provision of the indian penal code. in article 215  .....  the advent of the constitution, the high courts of india have been exercising this power and in the government of india act 1935 also the status of high courts as courts of record was recognised in section 220. therefore when the makers of the constitution inserted article 215 in the constitution recognising the power of a high court  ..... the management of the company. this follows from a construction of the expression 'manager' occurring in clause (9) of section 2 of the indian companies act read with regulations 71 and 72 in the first schedule to that act. my lord the chief justice has doubt as to whether mr. sengupta was the sole managing director or whether there  ..... 
    [3] =>  ..... was it otherwise prejudicial to the petitioner and that consequently he (revenue commissioner) had no jurisdiction to state a case under sub-section (2) of section 29 of the act.3. sub-section (2) of section 29 (omitting the proviso) is as follows :'within sixty days of the date on which he is served with notice of an ..... appeal. their orders were therefore prejudicial to him. the same questions were raised by him before the revenue commissioner who heard the revision petition under section 28 of the act. the revenue commissioner also dismissed all the objections and refused to interfere with the assessment made by the subordinate authorities. therefore, his order also  .....  the total agricultural income of the petitioner for the year 1947-48 as estimated by him. against that order, the petitioner filed an appeal under section 25 of the act before the collector of agricultural income-tax, orissa, who dismissed the appeal and confirmed the assessment on the 6th march, 1950. the petitioner then ..... 
    [4] =>  ..... , in jaginipur zamindari, are the private 'devotter' properties of the plaintiffs and thati the order passed by the commissioner of hindu religious endowments, under sub-section (2) of section 64 of the orissa hindu religious endowments act. 1939 (orissa act iv (4) of 1939) declaring the said temple to be an 'excepted temple' is wrong.title suit no. 11 of 1945 is a representative .....  that requires ho be considered is whether the temple is an 'excepted temple' within the meaning of the orissa religious endowments act 1939 (orissa act iv (4) of 1939 as amended). 'excepted temple' is defined in section 6 sub-section (5) of the act as follows: 'excepted temple means and includes a temple, the right of succession to the office of trustee or the offices ..... 
    [5] =>  ..... can be any doubt that the additional agent or the special assistant agent exercising powers under the agency tracts interest and land transfer act exercises judicial functions. sub-section (2) of section 4 of the act expressly says that the order of the authority concerned is in the nature of a decree for ejectment of the person found  ..... in the unlawful possession of the property. an appeal has also been provided by the recent amendment made in orissa act 2 of 1948. the ..... v. jadumani sahu', air 1952 orissa 244 (b), regarding the construction of the expression 'tribunal'.mr. patnaik however urged that the amendment made to the said act by orissa act 2 of 1948 authorised the revenue officer concerned to decree ejectment either on an application by any one interested or 'on his own motion'. he submitted that inasmuch ..... 
    [6] =>  ..... to accord sanction for prosecution of sri b. b. naik, inspector of factories, orissa, employed in connection with the affairs of the province under sub-section (2) of section 5 of the said act.2. nature of offence committed : criminal misconduct in discharge of official duty. by order of the governor,sd. v. ramnathan, secretary to government.'51 ..... the crime charged'.these provisions cannot furnish any real analogy for guidance in respect of an offence of habitual bribe-taking under clause (a), sub-section (3) of section 5 of the act; because, obviously it is not meant that only instances of previous conviction of bribe-taking should be given in evidence, nor is there any  .....  legitimate is open to question. hence it becomes necessary to appraise the law and evidence bearing on this aspect of the case independently.under sub-section 3 of section 5 of the act, the facts necessary to be considered are : (1) what are the pecuniary resources or property which are in the possession of the accused  ..... 
    [7] =>  ..... . it is unnecessary to go into the further question whether ex. 40 and ex. 40 (a) taken together is sufficient legal proof of the sanction under section 6 of the prevention of corruption act, and if it satisfies the test laid as to the requirements of a legal sanction, laid down in morark's case,9. having come to the clear .....  which arose in the special bench casein 'varadarajulu naidu v. emperor;, 42 mad 835. no such question has been raised' before us. but by virtue of section 59(1) of government of india act, 1935, which applies to the case:'all executive action of the government of the provinces shall be expressed to be taken in the name of governor.'it ..... hori ram singh v. emperor', air 1939 pc 43 and 'h. t. huntley v. emperor', air 1944 pc 66, when discussing cases which arose with reference to section 270 of the government of india act.to remove the doubts in the legal position before the final decision of the privy council was given and to afford a greater measure of protection to ..... 
    [8] =>  ..... in favour of opposite party no. 1 by our order dated 3rd december, 1951, is completely free from any difficulties of construction arising with reference to section 41 (4) of the act. at the time of our declaration, there was a virtually full-fledged municipal council of the cuttack municipality functioning. it appears to me to follow  ..... should have clearly stated so. i am therefore inclined to hold prima facie that the publication prescribed either in rule 58 of the election rules or in section 39 of the act serves no other purpose than what it in terms stated, namely, publication, i.e., giving publicity to the declaration and serving as uncontestable evidence of the ..... that the following candidates have been duly elected for ward no.....'14. the stage next after that, relevant for our purpose is that which is provided in section 39 of the act itself and is as follows : 'the names of the councillors and of the chairman and vice-chairman shall be published in the qazette.'15. learned advocate ..... 
    [9] =>  ..... such delegation are so numerous that i would content myself with quoting a few only. as early as 1883 in 'hodge v. the queen', (1884) 9 ac 117. section 4 of the liquor license act of 1887 of ontario was held to be valid though it conferred on license commissioners power to pass resolutions for regulating sale of liquor in taverns .....  arguments advanced by mr. p. misra and mr. s. k. ray on behalf of the petitioners may be summarised as follows :1. clause (a) of section 2 of the impugned act unconditionally delegates to the state government the power of declaring any article to be an essential article and it is invalid to that extent as amounting to abdication ..... prohibit the importation of any class of goods and soon after the issue of such proclamation those goods became prohibited imports for the purpose of the act. the argument that the said sub-section was invalid was rejected by the learned judges of the high court and griffith c. j. pointed out:'and unless the legislature is prepared to ..... 
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