Court : Orissa
Reported in : AIR1958Ori1; 1958CriLJ59
..... as given by the minority of judges in the shapire case (c). it may also be a 'public document1 within the meaning of section 74(1)(iii) of the evidence act.15. mr. misra on behalf of the petitioner urged two grounds for not accepting the american view. firstly he contended that in america ..... accused to produce his f. p. s. register (foodgrains procurement stock register). this order appears to have been passed by the magistrate under section 94, criminal procedure code, though that section was not expressly quoted in the order.the order was challenged as unconstitutional on the ground that it contravened the fundamental right guaranteed by clause ..... act of the principal the said register also may be held to be a register of the government though actually written and maintained by their agent.5. the civil supplies officer of puri, after an inspection of the petitioner's premises filed a complaint before the sub-divisional magistrate of khurda for the prosecution of the petitioner under section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori26
..... mr. b. mohapatra, however, urged that in the absence of any further evidence to show by whom the document purports to have been executed, no presumption under section 90 of the evidence act could be drawn. mr. mohapatra, however, contended that the words 'e. pramana' at the top, 'maharajanka chhamuru sabha hoi sthira hela je' in the ..... that there were circumstances in the case and evidence as to the document itself which threw great doubt on its genuineness, exercised their discretion under section 90 of the evidence act by not admitting the document in evidence without formal proof, and rejected it when no such proof was given. the judicial committee in that case ..... stage. it is only subsequently that the opponent exercises his right of adducing evidence of circumstances which entitle him to say that the presumption under section 90 of the evidence act should not be drawn with respect to the document. the court generally arrives at its conclusion on the matter after the evidence on both sides .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori7; 24(1958)CLT100
..... in commr. of income-tax c. p. and berar v. laxmi narayan, air 1949 nag 128 (b). the case before their lordships arose out of a reference under section 66, indian income-tax act, the point of law referred to being:'whether on the facts of the case mt. kesar bai was competent to enter into a contract of parternership in her ..... provisions of section 21 of the guardians and wards act, 1890, sadasiy ayyar j., expressed doubts as to the position whether a minor could at all be the managing member of the hindu family though he was ..... the case of mohideen ibrahim nachi v. mohomed ibrahim sahib, ilr 39 mad 608: (air 1917 mad 612 (2) ) (e).the appeal was against an order under section 25 of the guardians and wards act, and the minor being a mohammedan aged 15 or 16. the position of the managing member of a hindu family came for discussion incidentally and on the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori58
..... the dates 19-11-37 to 26-11-37; it ended in a conviction which was confirmed in appeal; thereafter the present plaintiff filed an application under section 522, criminal procedure code, for delivery of possession in respect of the suit lands and it was ultimately held that the removal of crops did not amount to dispossession ..... revived. the contention of revival of right of redemption seems to be without any substance whatsoever in the face of the fact that the mortgagors had by an act of theirs extinguished that fully. mr. panda however strongly relies upon the decision of the patna high court reported in dhana koeri v. ram kewal, air 1930 ..... and as such the petition under section 522, cr. p. c., was not maintainable.even thereafter there were several proceedings including one under section 107, cr. p. c., against the present defendants. the plaintiff asserts that even though there were such attempts .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori47
..... the plaintiff. the present respondents are the legal representatives of the original plaintiff kangali.5. the entire question depends upon the interpretation of sub-sections (2) and (3) of section 3 of act 18 of 1937. the sub-sections run as follows :'(2) when a hindu governed by any school of hindu law other than the dayabhag school or by customary law dies ..... . they have laid down that the right of the widow to succeed to the interest of her deceased husband in the joint family properties under section 3 (2) of the hindu women's rights to property act, 1937, is neither by inheritance nor by survivorship. it is a special right created in favour of the widow by the statute on the ..... orissa 73) (k).there it was observed by their lordships panigrahi, c. j. and rao, j., that the interest of a widow succeeding under section 3(2) of the hindu women's rights to property act to her husband's interest in co-parcenary property goes to the heirs of her husband after her death in the absence of any co .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori22
..... made an assessment for the financial year ending on 31st march 1946.the assessee's claim for protection under the provisions of clause (c) of sub-section (11) of section 2 of the income-tax act that there was no 'previous year' in the particular case was negatived. this has been coniirmed by the appellate assistant commissioner and the tribunal.3. ..... september 1945 to 31st march 1946 was assessable only for the assessment year 1946-47. the order was made final, there being no appeal. accordingly notices under section 22 of the act were served upon fatechand & sons for submitting the return for the year in question.it is important to note here that the asses-see filed a blank return ..... year of assessment.7. but we feel compelled to take notice of recent decisions of the supreme court laying down certain guiding principles in cases coming under section 66 (2) of tne income-tax act. the first case that we should refer to is the judgment of bhagawati j. of the supreme court to which s.r. das c. j. .....
Tag this Judgment!Court : Orissa
Reported in : (1958)IILLJ433Ori
..... in toe evidence act, it is clear that it refers to documents and statements of witnesses proved during the said enquiry.9. sheikh khefayatullah's statement before sri s.s. patro was not taken ..... ample notice of the same. it is true that the departmental enquiry need not be so elaborate as a regular criminal trial and that the provisions of the indian evidence act need not be very strictly adhered to. but rule 55 refers to 'evidence' and though that expression need not be given the same narrow meaning as is given to it .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori116; 1959CriLJ884
..... the advocate-general and to say that the law department are of opinion that no special authorization is necessary to empower magistrate to take cognizance under section 20 of the cattle trespass act. this may be followed until the matter is carried to the high court in some case so that the confusion created by the orissa high court ..... the opinion of the legal remembrancer is given. it is evident from the instruction that no special authorisation is necessary to empower magistrate to take cognizance under section 20 of the cattle trespass act. as such, the transfer of the case does not appear to be irregular. if the matter is challenged, it is open to the parties concerned ..... in deena dayalu v. ratna padayachi ilr 50 mad 841: (air 1927 mad 396). thus there is no doubt that an act in respect of which a complaint may be made under section 20 of the cattle trespass act, will also amount to an 'offence' and the subdivisional magistrate has power to take cognizance of the same and transfer it to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori96
..... there was a right of appeal, second appeal, and revision, but where the case of an evader was dealt with under the provisions of sub-section (4) of section 5 of central act xxx of 1947, the case of the assessee was required to be heard by an investigation commission comprising a judge of a high court and two ..... and false judgment.'so far as public servants are concerned this right of appeal was considered so fundamental that in the government of india act, 1935, in clause (c) of sub-section (3) of section 241, it was expressly provided that any rule regulating the conditions of service of all public servants must make provision for at least one ..... framed thereunder such as the bihar and orissa subordinate services discipline and appeal rules 1935 and the government servants conduct rules which though originally made under section 96b of the government of india act of 1919, should be deemed to be rales made under sub-rule (2) of rule 48 of the civil services (classification, control and appeal .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori74
..... india v. i.m. lall's case, a. i. r. 1948 p.c. 121 (a) their lordships of the privy council while construing analogous provisions in the government of india act 1935 pointed out that as soon as the competent authority comes to a definite conclusion as to the charges, it should provisionally determine the actual punishment to follow, and then .....
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