Court : Orissa
Decided on : Dec-20-1949
Reported in : AIR1951Ori147
..... behalf of the appellant, is that the documents (exs. 1 and 2) are usufructuary mortgage bonds and are statutorily discharged under schedule 7, orissa moneylenders act. this section provides:'notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, an usufructuary mortgage executed before ..... or after the commencement of this act shall, unless discharged previously, be deemed to stand discharged after the expiration of 15 years from the date ..... 'usufructuary mortgage' used in schedule 7 is to be understood in the light of the definition of that expression occurring in schedule 8 (d), t.p. act. there can be no doubt that the deeds in question contain something more than what is required to create a usufructuary mortgage. mr. rao, however, contends .....
Tag this Judgment!Court : Orissa
Decided on : Dec-17-1949
Reported in : AIR1950Ori217
..... plaintiff 2 (and defendants 5 to 7), who were minors at the time of the execution of the sale deed. it may plausibly be contended that since section 53a, t. p. act, is a statutory recognition of the principle of estoppel embodied in the doctrine of part performance, the same would not avail as against minors since there can be ..... another difficulty for the contesting defendants, namely, that no title as such has passed to them under the sale deed. they are, however, entitled to rely on section 63a, t. p. act, inasmuch as it has been definitely found by both the courts below and virtually admitted by defendant 4 who is an executant of the sale-deed that the vendees ..... the occupancy tenants. the sale purported to be by means of a document, ex. c which has not been registered. it is pointed out that under section 46 (3), central provinces tenancy act, such a transfer is not valid except as covered by the proviso thereto and that the registration of a transfer not covered by the proviso to sub .....
Tag this Judgment!Court : Orissa
Decided on : Dec-16-1949
Reported in : AIR1950Ori213
..... reference to the document itself. that quantum is necessarily defined and limited by the terms of the document and does not offend against sections 17 and 49, registration act or section 91, evidence act. the attempt to use the document to prove the quantum of the interest and the character of possession thereunder is not the use ..... the terms of the mortgage were and they cannot be proved by any other evidence than the document itself. this is the effect of sections 17 and 49, registration act, read with section 91, evidence act.'the other two learned judges, however, namely, venkatasubba rao and ramesam jj. came to a differs it conclusion. it was pointed ..... and prescription is as much a root of title to interest in immovable property as a contractual document satisfying the requirements of the transfer of property act. this section 23, limitation act, is operative not only to extinguish the title of the rightful owner, but to transfer the title to the wrongful possessor is now well-settled .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-1949
Reported in : AIR1950Ori207
..... right to claim compensation in a case where death is actually caused because the applicability of clause (b) of the proviso to sub-section (i) of section 3, workmen's compensation act is limited to those cases where injury has not resulted in death. where however the injury has resulted in death the question about ..... accordance with the provisions of this chapter.'5. the learned district magistrate has obviously committed an illegality in construing the expression 'accident' occurring in section 3, workmen's compensation act. doubtless that expression has nowhere been defined but it seems to be well settled that the expression 'accident' generally means some unexpected event happening ..... the purpose of securing the safety of the workman within the meaning of proviso (b) (ii) of sub-section (i) of section 3, workmen's compensation act. this argument, however, cannot prevail as this sub-section applies only to cases of injuries not resulting in death. it was next contended that the driver of a .....
Tag this Judgment!Court : Orissa
Decided on : Dec-07-1949
Reported in : AIR1950Ori169
..... of reference to arbitration has become irrevocable. 6. the proviso cannot be dissociated from the history as well as from sections 16 and 47 of the act. the sections read: 'the provisions of this act, except sub-section (1) of section 6 and sections 7, 12 and 37, shall apply to every arbitration under any other enactment for the time being in force, ..... , a.i.r. (32) 1945 mad, 294: (i.l.r. (1946) mad. 39). the statutory provision dealing with the subject is contained in the proviso to section 47, arbitration act (act x (10) of 1940). the provieo it has been held in the aforesaid decision, by his lordship, leach c. j. has not altered, rather reaffirmed the (sic) relating ..... party which is guilty of breach of contract may be liable to indemnification of his adversary in a separate proceeding. that is, however, quite another matter. section 47 of the act, like section 89, civil p.c. contains the words 'save in so far as is otherwise provided by any law for the time being in force' the limitation .....
Tag this Judgment!Court : Orissa
Decided on : Nov-09-1949
Reported in : AIR1951Ori248
..... & that any alienation of the same made by the previous zamindar would, therefore, be valid even after his death & would not be hit by the madras impartible estates act, 1904; (ii) in any case, the pltf. has perfected her title to those lands by adverse possession; (iii) in the family of bodokhemidi zamindars there was a ..... a' schedule lands in village kattubati by sri krupamaya ananga bhima deo ceased to be operative after his death by virtue of the provisions of the madras impartible estates act, 1904 & that she acquired no right over the said lands either by virtue of the grant or by adverse possession as claimed by her.4. the main ..... the pltf. claims to be the illegitimate daughter of sri krupamaya anauga bhima deo, the late zamindar of bodokhemidi estate which is an impartible estate under the madras impartible estates act, 1904. the principal deft. (deft. 1) is the present zimindar of bodokhemidi estate & is the legitimate son of sri krupamaya ananga bhima deo. the other defts. .....
Tag this Judgment!Court : Orissa
Decided on : Oct-28-1949
Reported in : AIR1950Ori114; 15(1949)CLT123
..... the province of orissa to howrah. but there in one important distinguishing feature between that case and the present appeal. in that case the prosecution was under section 7 read with section 17 of act xxiv [24] of 1946 whereas in the present appeal the prosecution is for an offence under rule 81 (4), defence of india rules. rule 121, ..... expired, the liability for any penalty for contravention of any of the rules or orders made thereunder still continues to exist by virtue of the amendment made to sub-section (4) of section 1, defence of india rules, by ordinance xii [12] of 1946.5. the advocate-general's main contentious were that there was no conflict between the impugned ..... defence of india rules says clearly that the doing of any act preparatory to a contravention of any of the provisions of the said rules shall be deemed to .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-1949
Reported in : AIR1950Ori123
..... auction sale. to achieve this object it was not possible for the mahant to bid at the auction himself, as that would be contrary to the provisions of section 227, orissa tenancy act. mr. rao's contention is that even admitting this premise to be correct, defendant 1 shall not be permitted to take advantage of the sale as ohintamoni had ..... alleged mistress and discovered this easy way of parting with some of the math properties by bringing about the rent sale. this view gains support from the mahant's previous act, namely, the execution of a will on 3rd september 1934, whereby he provided for certain properties of the math to be in the exclusive enjoyment of defendant 6 for ..... luckee narain v. taramoni dossee, 3 w. r. 92, for the position that after fraud has been perpetrated no party to the fraud can take advantage of his own act and that the real owner shall not be permitted to challenge the title of the ostensible owner if a benami conveyance was executed in order to perpetrate a fraud. this .....
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 .....
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 .....
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