Court : Orissa
Reported in : AIR1956Ori92; 22(1956)CLT119
..... title the trial court further laid down the proposition that the suit lands 'automatically vested' with the management of defendant 1 (cuttack municipality) under section 58, bihar and orissa municipal act. the court of appeal proceeded on the presumption of correctness attaching to the current settlement entry and held that the plaintiff had failed to rebut that ..... by the calcutta high court, in a similar case, in -- 'howrah municipality v. haridas datta', air 1917 cal 629 (g) which arose under the bengal municipal act of 1884, that private pathways do not vest in the municipality. but the municipality may have control over such a pathway if the public have a right to go over it ..... -- as provided in the act itself. it was further observed that the difference between roads vested in the municipality and other roads is that in the .....
Tag this Judgment!Court : Orissa
Reported in : [1956]30ITR222(Orissa)
..... but it is conceded by the counsel of both parties that the said amendment is not retrospective and the present case is governed by the provisions of section 24 of the act which were for interpretation by their lordships of the supreme court.5. i will further add that in view of the consistent finding of the income-tax ..... the supreme court in the case of anglo-french textile co. ltd. v. commissioner of income-tax, madras. interpretation of the provisions of sub-sections (1) and (2) of section 24 of the act arose very pertinently and directly before their lordships of the supreme court who finally decided the point. it is the definite view of their lordships that ..... with effect from 1st april, 1949. the income-tax officer, jharsuguda, who had jurisdiction over the area formerly known as bonai state, issued a notice under section 22(2) of the act on the assessee. the assessee filed a return declaring a loss of rs. 48,091 for the 'previous year' ending on 31st march, 1949. the authorities .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori177; 1956CriLJ1208
..... ten years and shall also be liable to fine'.as pointed out in sri h. s. gour's penal law of india, this section is a re-enactment of section 1 of the dacoity act, 1843 (act 24 of 1843) which ran as follows :'whoever shall be proved to have belonged to any gang of dacoits shall be punished with transportation ..... to character, it may be reasonably said that character of an accused is itself a fact in issue for proving a charge under section 400. i. p. c. thus explanations 1 and 2 to section 54. evidence act, are attracted and previous convictions not only in respact of dacoities but also in respect of other offences such as theft, burglary ..... before discussing the case against each of the appellants i may dispose of some interesting questions of law raised in the appeal. section 400, penal code, is as follows :'whoever at any time after the passing of this act shall belong to a gang, of persons asso-elated for the purpose of habitually committing dacoity, shall be punished with transportation .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori124; 22(1956)CLT309
..... in which case the appeal would lie to the chief court.the applicant therefore appealed to the chief court but his appeal being time-barred, a petition under section 5, limitation act was presented for extension of time. the chief court refused to condone the delay. but their lordships on a discussion of the circumstances in which the appeal was ..... his memorandum of appeal to the petitioner and the appeal was presented by him in the high court. on these facts the client prayed for extension of time under section 5, limitation act. suhrawardy j., observes :'a general rule of law cannot be laid down that a mistake of a pleader, however obvious it may be can always and under ..... be taken to be one in which mr. raghab rao is to be censured with such negligence as to disentitle the plaintiff the protection under the provisions of section 14, limitation act. we are inclined to be of the opinion that this mistake could have been committed by any senior member of the bar.14. the plaintiff's suit .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori105
..... suit for ordering a sale according to sub-section (2) of section 3, partition act.8. the learned counsel mr. j.n. mitra, for the appellants contends that the finding of the lower appellate court that there was no partition ..... sahu files this appeal against the reversing judgment of the district judge of cuttack-dhenkanal remanding the plaintiff's suit for ordering: a sale according to sub-section (2) of section 3, partition act and for disposing it of according to law.2. one gangai swain had two sons, hari land damai. the plaintiff, padan, is one of the ..... case of prior partition.6. the trial court dismissed the suit holding that there was a previous partition but observed that he would have given relief under section 4 partition act, had there been no partition before.7. on appeal, the learned district judge setaside the decree and the judgment of the trial court and remanded the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori186
..... section 4, indian companies act, the expression 'person' is defined in the general clauses act as follows:'unless there is something repugnant in the context or in the subject, the term 'person' will include any association or body ..... is included ordinarily in the term 'a person'. 'in the case of 'mewa ram v. ram gopal', 1926 all 337 (air v 131 (m) which was a case under section 4 of the companies act, it was held that the joint family must be considered to be a unit and must be deemed to be one person within the meaning of ..... the firm jayanarayan trilokchand.notice on the execution application was issued against the firm represented by madanlal lath. madanlal lath was the son of trilokchand. madanlal filed an application under section 47, civil p. c. in misc. case no. 33 of 1953 alleging that jayanarayan trilokchand was the name of the firm run by his father who died about ten .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori136
..... as it then stood. on 1-1-1948 the government of orissa exercised jurisdiction over dhenkanal state, in exercise of the powers conferred by section 4, extra provincial jurisdiction act, 1947 (act 47 of 1947) read with notification no. iii b dated 23-12-1947 of the government of india.by a subsequent enactment known as ..... on the merits of the case;(c) ..........................(d) where the proceedings in which the judgment was obtained are opposed to natural justice;' 'foreign judgment' is defined in section 2(6), civil p. c., as 'the judgment of a foreign court'. 'foreign court' means 'a court situated outside india and not established or continued by ..... the settlement and patta granted to them.12. the plaintiffs concede that a judgment passed ex parte may, in certain circumstances, operate as res judicata, but rely upon section 13, civil p. c., to render it ineffective. their contention is that the judgment of the district judge, dhenkanal, is a 'foreign judgment' within the definition .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori165
..... of justice required it, or to prevent an abuse of process or to see that justice shall not fail in proper cases. there is no doubt that the court should act under section 151, civil p. c., if there is a failure of justice on account of any accidental slip or omission. but it has to be seen whether in this particular ..... his remedy lies in proceeding by way of execution to get possession of the suit property, and the satisfaction of the decree has become unobtainable under explanation to section 52, transfer of property act, and in this view of the matter, the alienations in favour of defendants 2 and 3 cannot be said to be affected by the doctrine of lis ..... on the subject as to the period during which the lis continues, but it is not necessary to consider all the decisions in view of the amendment of section 52, transfer of property act in 1929. according to that amendment, it is enough for, the attraction of the doctrine of lis pendens that the alienation is made during the pendency in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori194; 22(1956)CLT375; 1956CriLJ1334
..... the saving provision in article 369 itself.mr. das, however, urged that, the penalty incurred cannot be said to be 'a thing done or omitted to be done'. section 6, general clauses act, may not be of help tp the state of orissa inasmuch as that is limited to those statutes which are 'repealed' and it may not apply to those temporary ..... of the inconsistency, by virtue of article 254(2) of the constitution.(2) in any view of the case the immunity from prosecution conferred by the proviso to section 18 of orissa act 7 of 1955 must also apply to prosecutions for contravention of the central order as otherwise there would be a conflict between the two laws in which case, by ..... to the 31-1-1954. so far as contravention of the orissa order is concerned no prosecution can lie in viewof the special immunity conferred by the proviso to section 18 of orissa act 7 of 1955. this was fairly conceded even before the trial court by the persons in charge of the prosecution. but the trial of the case was pressed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori86
..... expenses of the muth. mr. b. s. rath, for the plaintiff, then contends that the fifth defendant would be liable under section 235 of the contract act. section 235 of the contract act is as follows:'a person untruly representing himself to be the authorised agent of another and thereby inducing a third person to deal with ..... court against the fifth defendant personally is not correct and that no decree can be passed personally against the fifth defendant. he submits that under section 230 of the indian contract act: 'in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, ..... is absolutely no allegation or proof that the principle either by his words or conduct induced such third person that such acts or obligations were within the scope of the agent's authority. consequently, this section also does not help the plaintiff in claiming a decree against the fifth defendant.lastly, learned counsel for the plaintiff .....
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