Court : Orissa
Decided on : Apr-18-1949
Reported in : AIR1951Ori354
..... , i. p. c., & such intention must be proved like any other fact in issue. but the ct. may, alter presuming the necessary guilty knowledge from that section on the assumption that be committed the act while in a sober condition, infer the guilty intention also if the other proved facts & circumstances justify the same. there may be different degrees of intoxicantion & if ..... an injury. as to his knowledge about the effect of such an injury on his father a presumption may be made by virtue of section 86, i. p. c. on the assumption that he committed the act as a sober person any sober man would surely have known that the giving of such a blow with a thick wooden post on the ..... all that can be said in the circumstances of the case is that the applt. knew that his act was likely to cause death. this would reduce the offence to one under section 304, i. p. c.10. section 86, i. p. c. says :'where an act dove is not an offence unless done with a particular knowledge or intent, a person who does .....
Tag this Judgment!Court : Orissa
Decided on : Apr-18-1949
Reported in : AIR1950Ori28
Das, J.1. The defendant is the appellant in this second appeal. The suit relates to an institution called Sri Biranshi Narayan Muth at Buguda, Ghumsur Taluk, Ganjam District. As appears from the connected civil Revisions Nos. 169/47 and 8/48 which have been heard with this appeal there appears to be some reasonable doubt whether this institution is a Muth or a temple. But so far as this appeal is concerned, it has proceeded on the assumption put forward by the plaintiff in his plaint that it is a Muth. This has not been traversed by the defendant in his written statement. The plaintiff's case is that the defendant is the Mahant of the Muthand that he is his duly constituted Chela and that his residence in the Math has been made impossible by the wrong conduct of the defendant and that he is denied even food and raiment and that he has had to leave the Muth in 1930. He accordingly asserts a right to be maintained out of the Muth funds and brings the suit against the defendant as the hea...
Tag this Judgment!Court : Orissa
Decided on : May-05-1949
Reported in : AIR1949Ori53; [1949]17ITR420(Orissa)
..... .considering in the premises above, this court is not satisfied of the correctness of the appellate tribunal decision rejecting the application of the assessee under sub-section (1) of section 66 of the act on the ground that it is time-barred. we, therefore, require the learned appellate tribunal to treat the application as made within the time allowed ..... used in a larger sense than its ordinary meaning that sense may be given to it. (maxwell on interpretation of statutes pp. 70, 71).reading sub-section (1) of section 66 of the act in the light of rule 7, so far as it prescribes the different modes of making an application made to the appellate tribunal, the words 'require ..... powers to condone the delay. the circumstances in which the case arises are as follows :-the assessee was served with notice of an order under sub-section (4) of section 33 of the act on december 4, 1947. he having intended to require the appellate tribunal to refer to the high court a question of law arising out of .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori273
..... transfer whether by private sale or by execution sale in a permanently settled estate. the validity or otherwise of such transfer depends on section 237, orissa tenancy act, which says:'nothing in this act shall affect any usage or customary right not inconsistent with or net expressly or by necessary implication modified or abolished by its provisions ..... rate. they further averred that killa darpan being a permanently, settled estate, was expressly excluded from the operation of schedule 1, orisaa tenancy act (old) & the new section 31-b of the act was not applicable to the case. the applts specific case was that the ct. of wards, while managing the estate of the pltf, ..... .'illustration (2) to the section, as it stood before the introduction of the orissa tenancy amendment act of 1938 runs as follows:'the usage under which a rayot in a permanently settled estate is entitled to sell his .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori132
..... fetters he has put upon himself-see villers v. beaumont, (1682) 1 vern 100. the presumption is that a charity is charitable and not fraudulent. section 120, transfer of property act lays down that a gift cannot be revoked except under circumstances in which, if it were a contract, it might be rescined-such as fraud, undue ..... the senate was a condition precedent to the commencement of the trust. nor is it necessary under the utkal university act that the university should accept the endowment through the senate. section 9, subs (6), utkal university act lays down that'the syndicate shall on behalf of and subject to the control of the senate manage the funds, ..... concerns, property and affairs of the university'and schedule sub (5) lays down 'subject to the provisions of this act and the statutes, the senate .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1949
Reported in : AIR1950Ori6
..... ), aurunachalam pillay's case, (i. i. r. (1941) mad. 930 : a. i. r. (28) 1941 mad. 684), can be explained on the ground of applicability of section 8, relief act to the facts of that case which provided for a statutory discharge of the debt. this case, however, is no authority which would be relevant to the instant case ..... held reserved with them a part of the consideration money for payment to the mortgagees. the debt was scaled down in accordance with the provisions of section 19 read with section 8 of the act and redemption was decreed subject to payment thereof. the mortgagee contended, in the high court, that some of the debtors, namely, purchasers of portions ..... amount of rs. 16,000 in the sale proclamation will not make the sale 'subject to mortgage' within the mischief of exception 3 clause (i) of section 2, orissa money lenders act (orissa act iii [3] of 1939); and that (iii) conceding that the defendant 8's purchase was at a sale of the mortgage properties 'subject to mortgage' .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1949
Reported in : AIR1951Ori35
..... is not synonymous with 'same kind of interest' or 'same status' it means 'same right a share.19. having regard to the intendment and purview of the act, the two sub-sections can be reconciled only in the way that i have indicated above. i agree with the order proposed that this appeal should be dismissed. re:-second appeal 33 of ..... she exercises the right of partition as a male coparcener. the hard core of his reasoning is that the interest that devolves upon her is defined in sub-section (2) of schedule of the act as 'the same interest as he (the husband) himself had.' his submission is that as the husband, before reducing his undivided interest in the coparcernary ..... inherent in the estate that devolves upon a deceased male coparcener's widow. with regard to the scheme of the act and the language employed to carry that out, his contention, in the main, is that sub-section (2) of the section contains the key provision as to the extent and nature of the widow's interest and, that, in that .....
Tag this Judgment!Court : Orissa
Decided on : Aug-08-1949
Reported in : AIR1951Ori291
..... is valid & binding since the reasonableness of the price is one that can be determined by the ct. if the parties themselves do not ultimately agree about it. under section 29, contract act, it is only agreements the meaning of which is not certain or is not capable of being made certain that are void. a contract to sell at a reasonable ..... to ct. on his own admission 'at the request of 'dr. patanaik'. it is obvious from this evidence that throughout the negotiations & the trial of i the suit he was acting according to the instructions of his father-in-law, d. w. 3. the learned dist. j's observation that d. w. 3 is a disinterested therefore leaves me unconvinced. the ..... price is one that can be made certain within the meaning of this section, that is by fixation of the price by the ct. on the standard of reasonableness in case .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... undoubtedly be 'taxes' but 'fees' seem to stand on a different footing. though 'fees' have nowhere been defined in the government of india act, in sub-section (2) of section 37 and sub-section (2) of section 82 it is clearly indicated that fees for license or fees for services rendered should not be deemed to be taxes and any bill containing, ..... products sales adjustment committee v. crystal dairy ltd., 1933 a c. 168: (102 l. j. p. c. 17) and reference under the government of ireland act, 1920 and section 3, finance act, (northern ireland, 1934, 1936 a. c. 352. these cases while no doubt showing that compulsion is an essential feature of taxation, do not show that it is ..... his contributions is in fact taxation it is not necessary finally to decide.'23. mr. basu then relied on in re a reference under the government of ireland act, 1930 and section 3, finance act (northern ireland) 1934, (1936) a. c. 352. but that decision is of no help in deciding the main question in she present case. there .....
Tag this Judgment!Court : Orissa
Decided on : Oct-18-1949
Reported in : AIR1950Ori99
..... matter of lister's hospital (1855) 43 e. r. 1202 : (6 de. g. m. & g. 184).17. the object of section 92 of the code, and the sections like section 73, madras act and section 54 of the act which later took its place in the statute books of the provinces is almost similar or rather the same i would say.18. in ..... the following manner : (1) (a) a 'trustee,' whether hereditary or not, of a religious endowment, is not 'a person having interest' within the meaning of sub-section (1) of section 54 of the act; (b) does not arise. even if it arises, i would answer it in the negative ; (a) my answer would be in the negative and (3) does ..... and from ejecting him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of .....
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