Court : Orissa
Reported in : AIR1953Ori25; 19(1953)CLT1
..... the property left by the deceased husband. but in either case a woman's claim to be maintained out of the property of her husband cannot be denied. section 39, t. p. act, recognises a right to receive maintenance out of the property of the husband, in enacting that the right may be enforced against the transferee if he has notice ..... property in respect of a claim for maintenance, there can be no doubt that that charge is an interest in the immovable property. indeed, section 39, t. p. act, in a sense recognizes it when it says: 'where a person has a right to receive maintenance from the profits of immovable property, the said right may be ..... -- 'dayal singh v. indar singh', air 1926 p.c. 94 is clear enough for the purpose. in that case, their lordships held that the charge created by section 55(b), t. p. act, in favour of the buyer in respect of the earnest money paid by him was an interest in immovable property. therefore, if a charge is created over immovable .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori46
..... doing that.'it is not quite clear from this whether what is alleged against these defendants is their physical participation by their presence at balasore, in the stealthy act of bringing out and taking away defendants 6 and 7 from the residential house of the plaintiff. what exactly the plaintiff has in view with reference to ..... haying substantial occupations and responsible positions at cuttack.the plaintiff in the balasore suit refers to them in his plaint para. 14 as the 'principal defendants' by whose act of enticement and seduction, defendants 6 and 7 (sic) away from the house of the plaintiff during his absence, and alleges that he (plaintiff) has been thereby ..... a suggestion has been made in para. 11 of the objection filed on his behalf before us to the application for transfer. learned counsel accordingly invites us to act upon it. in support of the desirability of both the suits being tried at balasore, he contends that the plaintiff in the balasore suit has suffered considerable .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori354; 19(1953)CLT269
..... statement of the case, submitted to us, does not enable us to come to any definite conclusion as regards the question referred to us. we direct accordingly under section 66(4) of the act that the tribunal should send a further statement of all the relevant facts in the light of the above decisions in -- 'j. b. advani & co. ..... there the question was whether legal and accountancy expenses of prosecuting an appeal to the board of referees against a decision of the inland revenue commissioners under section 32 of the finance act, 1940, incurred by a tax-payer with a view to reducing the assessment made upon him as a trader for excess profits tax, are to be ..... the accused persons having been discharged, the assessee claimed that the sum or expenses incurred in the defence of these prosecutions should be deducted under section 10 (2) (xv) of the indian income-tax act, 1922 as expenses wholly and exclusively incurred for the purpose of the assessee's business. the ex-emption was allowed. at page 567, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori33; 19(1953)CLT58
..... could be delegated by the minister to the secretary. in our previous decision, we specifically held that the satisfaction of the state government required under section 3 of the preventive detention act which by virtue of the rules relating to allocation of business framed under article 166(3) of the constitution, must be taken to be the ..... 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 ..... amended, orders of detention must not initiate the period but could only do so after the state govt. confirms the order of detention under section 11 of the act. i have already sent you a telegram to the following effect: 'detenues arun biswal and upendra pasa ordered to be released forthwith on the ground .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... functions of the revenue board which had heretofore been exercised by the revenue commissioner, orissa devolved on the board of revenue as now constituted under that act. now, section 5 of the act lays down that 'it shall be lawful for the board, subject to the approval of the state government, to declare what portion of its ..... dhir narendra, proprietor of madhu-pur estate, in the district of cuttack, should be disqualified under sub-clause (iv) of clause (f) of section 10, orissa court of wards act (act 26 of 1947).and whereas the state government are satisfied that the said brundaban chandra dhir narendra is incapable of managing and unfitted to manage his estate ..... not stated to us that the materials upon which the government has come to its conclusion before issuing the declaration were privileged either under section 123 or section 124 of the evidence act which prima facie apply not to party before the court, but only to a witness summoned to produce documents before the court.12. the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori51; 19(1953)CLT213
..... s. rao, appearing on behalf of the appellants, has first urged that the suit must be thrown out as barred by limitation as provided for under section 94, c. p. tenancy act, 1898. the section runs thus:'94 (1) the period of limitation for a suit instituted by a tenant other than absolute-occupancy tenant to recover possession of land from ..... ', air 1945 nag 78 (b). both these cases are governed by article 1 of schedule 2, c. p. tenancy act, 1920. the language of article 1, schedule 2 is distinctly different from the language of. section 94 of act of 1898. article 1 of schedule 2 runs thus:'for possession of a holding by a person claiming to be a tenant ..... courts below and has now beentaken for the first time in this second appeal. on examination of section 94 it appears to me that the act itself governs the relationship between the landlord and the tenant, and that the suit, contemplated under section 94, is a suit when the tenant has been dispossessed by the landlord. i feel strengthened in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori39
..... halu behera from being made a party in the suit.9. on a consideration of the above circumstances, we are definitely of the view that the lower appellate court has acted illegally and improperly in having allowed the amendment.we would, therefore, allow the appeal, set aside the order of remand of the lower appellate court and confirm the judgment ..... view to obtain reliefs in regard to the deceased son's estate. the plaintiffs' right was challenged by the sister and the sister's son who alleged that. under act 2 of 1929 they had a preferential right to succession. the question before their lordships to be determined finally was whether the succession to venkatdkrishna, who died in 1922, ..... that plaintiffs 2 and 3 were his sons, while he admitted in his examination that they were his daughter's sons.5. the position of law, as contained in act 2 of 1929, by virtue of which sister's son is a preferential heir to the uncle's son, is absolutely certain long before the institution of the present .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori59
..... as res judicata to bar the present execution proceedings to be continued in the absence of a succession certificate. indeed, the principles of 'res judicata' underlying the provisions of section 11, civil p. c. do apply to the execution proceedings and an order passed as between the same parties in an earlier execution proceeding is binding on the parties and ..... param ram v. bindeswari prasad singh', air 1937 pat 522, where the observations run to the effect: 'the words 'in accordance with law' in article 182(5), limitation act, are general and cannot be construed to mean only in accordance with the civil procedure code'. there the decision was clearly distinguishable. the decree was against the father and it provided that ..... mohapatra, j. 1. this is a judgment-debtor's miscellaneous second appeal arising out of proceedings under section 47, civil p. c., against the judgment of sri d. das, district judge keonjhar-balasore, confirming the order of sri c.b. rao, munsif of bhadrak. the decree .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori49; 19(1953)CLT103
..... , though there may be no legal obligation prescribed by any provision of the code to record such an order before issuing a search warrant. section 74 evidence act shows that 'documents forming the acts or records of the acts of official bodies or tribunals are public documents,' a jrecorded order for the issue of a search warrant by a magistrate appears to come directly ..... report or application made to him by a police officer, he is entitled to copies thereof by virtue of this section. he points out that a magistrate acting under section 96, criminal p. c. is statedly a court. he therefore contends that section 548 applies in terms.on the other side it is argued that while it may be correct to say that the ..... magistrate acting under section 96, criminal p. c. is a criminal court, it does not follow that the persons whose premises are searched, are entitled either to a copy of the information or report .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori89; 19(1953)CLT121
..... with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects, would be liable under this act.'this section has been the subject-matter of acute difference of opinion among high courts in india as well as among judges of the same high court. the difficulty arises ..... , where their lordships of the patna high court held that distinct causes of action cannot form one subject, and pointed out that the word subject' occurring in section 17, court-fees act need not always be read as synonymous with 'cause of action.' on a review of the decisions placed before me, it appears to me that, in the ..... in -- 'kishori lal roy v. sharat chunder', 8 cal 593, that a claim for possession of land and for mesne profits cannot refer to two distinct subjects under section 17, court-fee act. in -- 'nouratanlal v. wilford, joseph stevenson', 4 pat l j 195, the patna high court attempted a definition of the word subjects' occurring in the court- .....
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