Court : Orissa
Reported in : AIR1953Ori308; 19(1953)CLT310
..... accused were certainly responsible for the occurrence which had taken place on 24-11-1951. mr. mohanry contends that this confessional statement is not admissible under the provisions of section 24, evidence act. the contention has no force inasmuch as there are no materials that there was an inducement, threat or promise nor is there any material that such inducement, threat or ..... judge, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the indian evidence act, 1872.'it is clear from the language of the section, as it now stands, that in the discretion of the sessions judge the evidence, taken before the committing court, may be treated as evidence in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori333; 19(1953)CLT346
Mohapatra, J. 1. This is the defendants Second Appeal against the confirming judgment dated 9-1-1948, of Shri C. C. Coari, District Judge of Cuttack, arising out of a suit brought by the plaintiff for setting aside a 'SEBA SAMABPANA PATRA' (a deed of transfer in respect of Marfatdari rights) Ex. A dated 16-11-1940, executed by the plaintiff himself in favour of defendants 1 and 2, who are admittedly the co-marfatdars. Exhibit A purports to be in respect of the eight annas share of the plaintiff and the plaintiff also claims eight annas share in the marfatdari rights in the suit. 2. Both the Courts below, after fully discussing this position, have come to a concurrent finding that the plaintiff is entitled to only two annas eight pies interest instead of eight annas. There being no cross-appeal on behalf of the plaintiff, the position is final that if the plaintiff gets a decree, he is only entitled to two annas eight pies. 3. One of the main grounds of the plaintiff to set aside the af...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori329
..... reduction and suspension. rule 34 says that the sub-registrars shall not 'ordinarily be suspended in anticipation of the sanction of gov- eminent required under section 13, registration act. it would, therefore, appear that in extraordinary cases in the interests of administration the district registrar has the power to suspend a sub-registrar in ..... in order to maintain the proper working of the office.7. i shall take up the second contention raised on behalf of the petitioner first. section 6. registration act, vests the power of appointment of registrars and sub-registrars on tne provincial government. it says :'the provincial government may appoint such persons, whether public ..... order of suspension passed by the opposite party against the petitioner.2. the petitioner is a probationary sub-registrar appointed by the state government under section 7, registration act. he joined his duties on 26-11-1947 and was working as sub-registrar at patrapur from 14-5-48. by an order dated .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori37; 19(1953)CLT362
..... no necessity to claim any further consequential relief; a mere declaration of title was sufficient to take out all the mischiefs of the proviso to section 42, specific relief act.we have had the advantage of the thoroughdiscussion of the question after review of severaldecisions on the point in -- 'k. sundaresa iyer v.saravajana ..... however, was not pressed by defendant 2 and the deposit is still in court.the plaintiffs bring this suit seeking relief under the provisions of section 10, orissa money-lenders act on the allegations that the cash consideration that passed between the creditor and the debtors in respect of the above three transactions, that is, ..... sri r.c. misra, subordinate judge of berhampur,and is brought by the creditor (defendant 1), thecourt having allowed relief under the provisions of section 10, orissa money-lenders act in favour of the plaintiffs. defendant 3 (ghanosyamo sahu) was the original debtor along with one bada khetrabasi. plaintiff 2 raghunath and defendant 4 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori334; 19(1953)CLT357
..... aggrieved party to apply for revision to the superior sales tax authority and to request that a case may be stated for the decision of the high court (see sections 23 and 24) it was not appropriate to invoke the powers of this court under article 226. on this larger question we wish to reserve our opinion because it ..... it could press for the hearing of this petition instead of applying to the superior sales tax authority for revision under section 23 of the sales tax act or requesting for the statement of a case to the high court under section 24. 4. coming to the merits of this case the main question for consideration is whether on the aforesaid ..... clause would not apply and that the transactions of sale were liable to taxation in orissa by virtue of the general power of taxation conferred by the orissa sales tax act, 1947, as adapted after the constitution. after the admission of this petition under article 226 further time was given to the petitioner to prosecute its appeal before the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori54; 19(1953)CLT387
..... done by one of the judges in -- 'air 1953 orissa 240 at p. 243 [b). hence the observations of varadachariar j. as regards the inapplicability of sub-section (2) of section 3 of the act to the case of a pre-1937 widow, when the joint family property had devolved on a sole surviving coparcener on the date of the passing of the ..... 's widow though he was under a moral obligation whereas b was under a legal obligation to maintain his son's widow. after the passing of the act, by virtue of sub-section (1) of section 3 as construed in the aforesaid decision of the federal court his son's widow would after his death inherit a share of his property in like ..... away such rights.12. i would, therefore, hold that there is nothing in the special bench decision of this court to justify the view that the benefits of sub-section (2) of section 3 of the act can be obtained by a pre-1937 widow where the entire joint family property had devolved on a sole coparcener prior to the passing of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori11
..... when the cause of action for the suit arose, brought the suit within 3 years after his attaining majority and wanted to rely upon the provisions of section 7, limitation act; the defence plea taken in the case was that the idol being the plaintiff, the suit was barred by limitation and the minority of the sebait was ..... such right of suit is vested in the sebait, not in the idol.''in this view of the matter, their lordships allowed the plaintiff protection under section 7 of the said act as the sebait was a minor when the cause of action arose. this observation is a strong support for the contention that it is the marfatdar and ..... for recovery of possession of the properties improperlyalienated by a sebait, and other members of thepublic have got the remedy under the provisionsof section 92, civil p. c. or under section 54, orissahindu religious endowments act for removal ofthe trustee guilty of mal-administration and forthe appointment of a new trustee who alone canrepresent the deity; and in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori78; 19(1953)CLT475
..... the decision of their lordships of the privy council reported in -- 'vidya varuthi tirtha v. baluswami ayyar', air 1922 pc 123 (b), it was generally assumed that section 10, limitation act, would render such a contention impossible, but that decision dispelled all previous conceptions by holding that a shetaait is not a person in whom the debut-tar property is ..... belonging to the thakur raghunath jiew and were never the secular properties of the mortgagors; and what was mortgaged by virtue of the transactions of the year 1880 and 1884 were only the marfatdari rights and not the deity's interest.4. we have heard the advocates for the parties at length and have examined carefully all the ..... belonged to raja suberaj and sunder nalia.they had mortgaged their interest in the said mouzas also in favour of the same ancestor of the plaintiff in the year 1884 for rs. 1200/- on the basis of which a final decree was obtained on 15-9-1890 and in execution of the said mortgage decree the mortgagee-decree- .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori105; 21(1955)CLT409
..... ownership of one thing is not for any price paid or promised, but for transfer of another thing in return. the word 'exchange' has been defined in section 118 of the t. p. act, as:'when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is ..... party. in this view of the position of law, i hold that the plaintiff in this case has acquired no title to the property, because, he has failed to act according to the promise even though the partition was finally effected in february, 1944.5. learned advocate appearing for the respondent relies upon a decision of the allahabad high court ..... respect to his land at chandipadaro. in my view, the contention advanced on the side of the appellant is tenable.the word 'sale' has been defined in the t. p. act in s. 54 as 'a transfer of ownership in exchange of price paid or promised, or part paid, or part promised.'it appears from this definition that a 'sale' .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori57; 19(1953)CLT452
..... five hindu young men, three of whom were armed with hatchets while the other two were armed with hocky sticks. the police were immediately communicated with & a case under section 307/148, penal code was started. about a week later, two articles appeared in vernacular newspapers of wide circulation, 1 headed 'anxiety among the hindus of amritsar' and ..... affairs v. murali manohar prasad', air 1941 pat 185 (h). he confirmed the view oi' law as appearing in the cases already cited by me in observing:'any act done or writing published, which is calculated to interfere with the due course of justice, is a contempt of court, and writings prejudicing the public for or against a ..... minister oi' orissa and while he was a member of the central cabinet of the charges uf several corrupt practices, bribery, dishonesty and some anti-social and unpatriotic acts on account of which shri mahatab had filed a suit for defamation in original suit no. 189 of 1952 in the court of the subordinate judge of cuttak on .....
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