Court : Orissa
Reported in : AIR1955Ori17
..... of a joint family the learned judge observed: 'but there is a difference between the powers of a karta and of a female limited owner. the former acts under an implied authority of the coparceners which authority does not extend to his paying a barred debt, but the latter within certain limits is an owner and ..... as essential for the salvation of the soul of the deceased. the other relates to acts which although not essential or obligatory, are still pious observances which conduce to the bliss of the deceased's soul.'in the case of -- 'ashutosh sikdar v. chidam ..... : 'there can be no doubt upon a review of the hindu law taken in conjunction with the decided cases, that the hindu system recognizes two sets of religious acts. one is in connection with the actual obsequies of the deceased, and the periodical performance of the obsequial rites prescribed in the hindu religious law, which are considered .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori145; 21(1955)CLT24; 1955CriLJ1371
..... the debts being two independent transactions with two different persons altogether and as the pledge was only in respect of one of them, the creditor has committed an offence under section 406, i. p. c., when in spite of the payment of his entire dues in respect of the transaction of the pledge he retains the ornament and dishonestly ..... paid by the complainant, but nevertheless the accused did not return the handnote or the silver ornament. their lordships found that the accused was not guilty of offence under section 406, i. p.c.the most striking difference in that case is that the charge was for misappropriation of a sum of bs. 155 entrusted to the accused. ..... violation of the legal contract between the parties creating the trust.mr. mohapatra, however, very strongly urges that it cannot be taken to be a dishonest detention. the act is clearly dishonest in our view inasmuch as the accused intended to make wrongful gain of the ornament by making an additional use of it as a pledge against .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori65; 1955CriLJ823
..... is transparent from the judgment of their lordships of the privy council, it must also have power to make an order lor costs in a case under section 15 of the act. there is also another decision of the madras high court reported in -- 'venkata rao v. motiram', air 1815 mad 400 (1) (d) where kumaraswamy bastri j. ..... madras high court. their lordships, respectfully following the decision of the privy council laid down the proposition in unambiguous terms that in a proceeding under sections 14 and 15 of the legal practitioners act, a subordinate court has no power to award costs, but the high court can, if it deems it just, itself pass an order for ..... without jurisdiction as there is no such power given to the court under the provisions of the legal practitioners act. the proceeding was started under section 13 of the act for professional misconduct of pleader and order was passed under section 14 of the act. according to mr. mohanty, the powers of the court are confined, to pass an order 'to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori20; 20(1954)CLT672
..... some decisions to the effect that where the earnest money forms a substantial portion of the purchase price its forfeiture may amount to a 'penalty' within the meaning of section 74, contract act (see -- 'subbarayalu v. annamalai', air 1944 mad 526 (n) and -- 'kanhai lal v. lakshmichand', air 1933 nag 223 (o). support for this view may be found in ..... of this case it is unnecessary to consider those circumstances where the forfeiture of the earnest money may amount to a 'penalty' so as to attract the principles of section 74, contract act. the earnest money in each of the suits is a very small portion of the agreed purchase price, being less than one-fourth. there seems, therefore, absolutely ..... film co.', air 1943 pc 34 (c). 4. the english law regarding earnest money is well settled. as pointed out by fry l. j. in --'howe v. smith', (1884) 27 ch d 89 at p. 101 (d) 'in the event of the contract being performed it (meaning earnest money) shall be brought into account, but if the contract is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori36; 1955CriLJ547
..... it is also the sub-divisional magistrate or any other magistrate empowered by the local government who takes cognizance of offences, who has to exercise the powers under the relevant sections of the code. but the writer by referring to the police investigation in this case was not making any distinction between the s. d. o. and the s ..... the high courts are the courts of record, and it is essential for the administration of justice and protection of individuals that the courts should be able to punish summarily acts of contempt, because in the words of blackstone 'this power is an inseparable attendant upon every superior tribunal.' 8. mr. mohanty very strongly relies on --'bridges v. ..... the head of the investigation under chap. 14 of the cr. p. c. does not act as an executive officer, but as a magistrate. this would be clear from the language of section 155, cr. p. c. itself which runs as follows : 'section 155(1). when information is given to an officer in charge of a police station of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori135
..... of a hindu joint family takes the same interest in the joint family property as her husband himself had, subject to the restrictions placed on her powers by section 3(3) of the act. in this case the plaintiff had obtained a decree for money against defendant 1 who died subsequent to the date of the decree. his wife defendant 3 was ..... . it may therefore be safely inferred that the present trend of decisions is in favour of the view that the devolution of an estate, on the widow, under section 3(2) of the act is neither by survivorship nor by inheritance, but is a special right created in favour of the widow by the statute. she is not a coparcener in the ..... commencement of the widow's interest, it appears to me to be almost impossible to fit in the case of a widow whose husband died prior to the act, into the frame-work of section 3(2)'. in the dissenting judgment of the special bench, jagannadhadas j. practically reiterated his views stated above where the learned judge says: 'on her death, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori149; 21(1955)CLT82
..... taken up a point that the document has got to be ignored as it is inadmissible in evidence on account of non-registration -- being hit by the mischief of section 17 registration act. the contention cannot prevail inasmuch as the document is not one of actual partition of the specific properties amongst the brothers wherein separate allotments were made in favour of ..... . that the document could not be said to be merely the minutes of a previous oral agreement to divide; it was a deed of partition and hit by section 17(1)(b), registration act.but on review of quite a number of decisions, their lordships were also of the opinion that although the document was inadmissible to prove partition it could be .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori169; 21(1955)CLT124; 1955CriLJ1514
..... the usual way in the court of the munsif-magistrate for nearly six months and by 18-2-54, eleven prosecution witnesses had been examined, charge framed under section 380 i. p. c. against gopinath dora, krushnamurti dora and others and cross-examination of most of the prosecution witnesses after charge was also completed.the case ..... their side.hence, though the facts alleged against gopinath dora and krishna murti dora in the petition of complaint of uchhab patra are not identical with the acts attributed to them in the impugned article it seems clear that the article has a tendency to prejudice the public against gopinath dora and krushnamurti dora.the date ..... court were necessary, then these offences would be continually practised with impunity: for it would fie an easy matter to put other people not really privy to the acts of the court (in committing the guardianship of the infant) to transact and bring about the marriage.'these observations would apply with full force in the present case .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori33
..... b), where for the purpose of that case the terms 'dismissal' and 'removal' were accepted as synonymous. that case dealt with the construction of section 240(2), government of india act, where, as already pointed out, there was no express provisions dealing with 'removal from government service'. their lordships, however, held that the safeguard ..... court in an earlier decision reported in-- 'afzalur rahman v. emperor', air 1943 fc 18(a) that in construing the provisions of sections 240and 241, government of india act, the long standing practice based on the rules regulating theconditions of service of various classes of government servants should be looked into. this ..... penalty than 'dismissal' and that in the service rules the distinction between the two penalties is clearly maintained. sub-sections (2) and (3) of section 240, government of india act, 1935 are as follows: 'sub-section (2) -- no such person as aforesaid shall be dismissed from the service of his majesty by any authority .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori67; 21(1955)CLT131; [1955]27ITR676(Orissa)
..... therefore be exempt from taxation.9. coming to the second question, on a perusal of the provisions of 3rd proviso to section 5, excess profits tax act, 1940 and sub-section (3) of section 42, income-tax act, we are definitely of the view that when in the present case all the operations of the business were not carried out ..... is reasonable in the circumstances of each case.10. we would, therefore, answer both the questions in the affirmative. 'under the 3rd proviso to section 5, excess profits tax act, 1940, the assessee is entitled to the exclusion of profits and gains accruing or arising in raigarh state and that the taxing officer is to determine ..... raigarh. before proceeding further it will be pertinent to quote section 42 (3), income-tax act as it stood amended after 1939. section 42, income-tax act has been made applicable to the excess profits tax act, 1940, by virtue of section 21 of the act. sub-section (3) of section 42, income-tax act, runs as follows:'in the case of a business .....
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