Court : Orissa
Decided on : Jan-01-1973
Reported in : AIR1973Ori157
..... had not been partitioned by metes and bounds. thus the court's finding to this effect is perfectly correct. 8. mr. das also urged that the court below acted illegally in arriving at the said finding as it did not appreciate the question in the correct legal perspective. he contends that the said finding is illegal inasmuch as there ..... the joint family property by metes and bounds between them. according to mr. das in view of the above-mentioned specific averment in the written statement the court below acted illegally in making out a new case for the defendants and deciding the case on that basis. he also urged that the aforesaid conclusion about severance of the joint ..... of defendants nos. 1 to 4 in respect of ac. 0.19 decimals of land. all these transactions were without any legal necessity, without any consideration and were not acted upon. plaintiffs nos. 1 and 2 came to know of the execution of the aforesaid kabalas only after defendant no. 5 left the family and went to live at .....
Tag this Judgment!Court : Orissa
Decided on : Jan-09-1973
Reported in : 39(1973)CLT186; 1973CriLJ1058
..... a verbal statement resembling the case of a dumb person and was relevant and admissible in evidence, under section 32 of the ceylon evidence ordinance (act 14 of 1895) which corresponds to section 32 of the indian evidence act (act i of 1872). by enacting section 32, the legislature in its wisdom' has placed a dying declaration on par with evidence on oath ..... to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death is relevant under section 32(1) of the evidence act. it is significant that in section 32 the word used is 'verbal' and not 'oral'. such a dying declaration may therefore be in writing or oral or may be ..... appellant was convicted for the offences with which he was charged and was sentenced to imprisonment for life for his conviction under section 302, i.p.c., but no separate sentence was imposed for his conviction under section 328, i.p.c.2. the deceased baburi kar who was the youngest of the three brothers was running a sweetmeat .....
Tag this Judgment!Court : Orissa
Decided on : Jan-19-1973
Reported in : AIR1973Ori232; 39(1973)CLT243
..... he seeks the relief, he has acted in an unfair or unequitable manner, he cannot have this type of relief. the views expressed and the principles enunciated on this question in the decision in air 1940 lah ..... governed by the aforesaid equitable principles. in the above view of the matter, the plaintiff who asks for an injunction must be able to satisfy the court that his own acts and dealings in the matter have been fair, honest and free from any taint or fraud or illegality, and that if, in his dealings with the person against whom ..... right in digging a nala or doing anything on the suit land, much less to damage and/or adversely affect the plaintiff's land in any manner, the court below acted illegally in not granting the plaintiff's prayer for a permanent injunction restraining the defendants from digging a nala on the suit lands belonging to the plaintiff and/or from .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1973
Reported in : (1973)ILLJ518Ori
..... the view of the tribunal that this does not amount to a formula.14. mr. misra concedes that if the agreement is accepted as valid under sub-section (3) of section 34 of the act, it would be binding on all workmen and is even available to be enforced under appropriate statutes. the settlement was reached in 1969 at a time ..... loss accounts, they are still open to be raised and the settlement does not take away the workmen's right to dispute the same. section 19, or for the matter of that, all other sections in the act excepting s. jo, have to be kept away while considering the validity of an agreement containing a different formula regarding payment of bonus. ..... sangha before it that the terms of settlement including the provisions of 'set off and set on' did not constitute a formula as contemplated in section 34(3) of the payment of bonus act, the tribunal persuaded itself to come to the said conclusion by holding that the rates of payment of bonus for these years were imaginary and notional .....
Tag this Judgment!Court : Orissa
Decided on : Jan-31-1973
Reported in : AIR1973Ori212
..... the suit lands on 26-11-1958 and cut and removed therefrom the ripe paddy crops raised by the plaintiffs due to which the plaintiffs instituted a criminal case under section 397 i. p. c, against these defendants, but they were acquitted on a particular plea as stated in the said paragraph. having stated so it is thereafter specifically ..... help of a large number of gundas trespassed into the suit lands, cut and removed the ripe paddy crops raised thereon by the plaintiffs, for which a case under section 379 i. p. c. was filed against these defendants. the trial court acquitted these defendants on their plea as specifically stated in the plaint, to be referred to ..... appeal is whether the article applicable to this case is article 142 or article 144 of the old limitation act.6. mr. swain, the learned counsel for the appellants states that the fact that the plaintiffs instituted a criminal case under section 379 i. p. c. in the year 1958 against some of the defendants as they trespassed into and .....
Tag this Judgment!Court : Orissa
Decided on : Feb-05-1973
Reported in : AIR1973Ori244; 1976CriLJ405
..... apprehension that the court may impose substantive punishment and may refuse bail or time to the appellant for getting redress from this honourable court.' under section 19(3) of the act where any person aggrieved by any order against which an appeal may be filed satisfies the high court that he intends to prefer an appeal, ..... and from the advice of the ministers. this was how diarchy in administration was introduced. the 1930 rules were framed under the 1915 act, as amended by the 1919 act.in section 134(4) of the 1915 act 'local government' was defined as follows;' 'local government' means, in the case of a governor's province, the governor-in-council ..... high court under article 235 of the constitution; otherwise the order of suspension passed on bagchi by the governor would have subsisted. on application of section 16 of the general clauses act read with article 367(1) of the constitution, a different intention appears. the control vesting in the high court being absolute ovep the district .....
Tag this Judgment!Court : Orissa
Decided on : Feb-12-1973
Reported in : AIR1973Ori210
..... have not put in appearance. during the pendency of this case, the original petitioner puja ramakrishna panda died and his heirs have been substituted in his place.2. section 7 of the act in so far as is relevant reads thus:'7. (1) on and from the date of vesting:-- (a) x xx xx (b) lands used for ..... the lands held by him as marfatdar in the ex-state of hindol exceeds 33 acres and consequently the petitioner is not entitled to claim the benefit of section 7 of the act. aggrieved by this order, the petitioner filed the present application under articles 226 and 227 of the constitution for quashing the orders passed by the tahasildar, ..... in possession of temporary lessees of the petitioner who was the intermediary. the petitioner then made an application to the tahasildar. tiairia under section 7 of the orissa estates abolition act (hereinafter referred as the act) for recording him as the tenants in respect of these lands, his contention being that the total extent of lands owned by him .....
Tag this Judgment!Court : Orissa
Decided on : Mar-07-1973
Reported in : [1974]34STC347(Orissa)
..... on payment of royalty to the p. w. d. the supply of materials by the opposite party to the p. w. d. constitutes sale within the meaning of section 2(g) of the act and is exigible to sales tax.20. the meaning of the word 'royalty' was considered in surajdin laxmanlal v. state of m.p. a.i.r. 1960 m ..... favour of the contractor to extract chips and bond stones.8. not a single decision has been cited on either side which could throw light on this question. section 2(g) of the act, so far as relevant, runs thus:2. (g) 'sale' means, with all its grammatical variations and cognate expressions, any transfer of property in goods for cash or deferred ..... the terms of the agreement between the public works department (p. w. d.) and the opposite party constitutes a 'works contract' or a 'sale' within the meaning of section 2(g) of the act.4. a copy of the agreement was filed before us by the learned standing counsel for our consideration. it contains terms and conditions for the supply of metals .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1973
Reported in : AIR1974Ori24; 39(1973)CLT539
..... of parties. it is only a limit to the powers of tribunal to entertain application for compensation. as such the principles and decisions that govern matters under section 5, limitation act do not directly apply, though the tribunal in exercise of discretion given by the proviso may and should keep in mind those principles, particularly in considering the ..... council in sunderbai v. collector of belgaum, (air 1918 pc 135) relied on by the respondent no. 4, which deals with the procedure to be followed under section 5 of the limitation act can be of no assistance. in mithoolal v. jamna prasad, ilr 9 luck 193 = (air 1933 oudh 523), raza, j. held, 'what constitutes 'sufficient ..... the proviso should be liberally construed so that the legislative intention may be given effect to. 6. in the application which was labelled as one under section 5 of the limitation act and was duly verified by the appellant she stated. 'that the applicant is not in good terms with her husband since about two years and .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1973
Reported in : 39(1973)CLT415; 1973CriLJ1435
..... of no avail or consequence in the facts of this case.16. on the above considerations, i am satisfied that the prosecution has failed to establish the charge under section 302, indian penal code against the accused-respondent beyond reasonable doubt, and i do not find any convincing reason to differ from the conclusions arrived at by the ..... an independent and trustworthy witness. from their evidence, it is established beyond doubt that the accused assaulted the deceased only with m. o. i., and so his conviction under section 323, ipc is well founded.9. p. w. 10, the doctor, in his cross-examination has said, that the fatal fracture on the parietal bone of the deceased, ..... the evidence of such witnesses has to be examined, assessed and sifted with extreme caution and care, and if the same stands the test of scrutiny, it can be acted upon. mechanical rejection of such evidence on the sole ground that it is partisan would lead to failure of justice. in the present case, apart from the evidence .....
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