Court : Orissa
Reported in : AIR1949Ori1
..... other privy council decision where the swetambari sect of jains placed 'charans' in three of the shrines, the digambaris, the rival sect, refused to worship and section 23 limitation act, was held to be applicable. it should, however, be observed that there was no interference with the sight of the digambaris to worship. the proposed gate ..... the wrong amounts to dispossession, of the plaintiff then even although it may be a continuing wrong the plaintiff cannot recover possession after 12 years because under section 28, limitation act, he himself has got no right left which he can enforce. the real question is not whether the wrong is continuing or not, but whether the ..... gupta further develops his point and urges that the right of the thakur to remove itself is a continuing right as the thakur is an infant and that section 23, limitation act, will govern the case. in support of his contention reference has been made to hukumchand v. maharaja bahadur . brojmdra kishore v. bharat chandra a.i. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori284
..... accordance with permit issued by ... .'15. the offence, which is the subject of this trial, is contravention of this clause which is made punishable under section 10 of the act. i have already said that the order containing the clause was notified on 23-4-1947. it appears from the documents, printed at pp. 10 & ..... what is stated in the preamble as contradistinguished from what is provided in the text. the key sections of the act are 3 & 4. according to both of these sections, the provincial govt's power under the act is to be exercised only when it appears to them to be necessary or expedient that certain measures ..... shall place side by bide schedule 2, commonwealth constitution to which the australian case related & schedule 97, indian constitution, against which the impugned act is said to offend. the material portion of the section of the commonwealth constitution, which reads: 'trade, commerce & intercourse among the states whether by means of internal carriage or ocean navigation, shall .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori80
..... in the sense of its being a tort even though the immediate result of the conspiracy will result in damages to the plaintiffs, that is, when the defendants' acts are supported by just cause. this aspect of the case has to be viewed in the background of the events preceding and succeeding the combination. the plaintiffs wanted ..... there is a clear and definite distinction between what lord dunedin in sorrel v. smith (1925) a.c. 700 calls 'a conspiracy to injure,' and 'a set of acts dictated by business interests.' 'business interests,' according to lord wright in crofter's case 1942 a.c. 435 would include 'other legitimate interests.' referring to this aspect, it is ..... of the plaintiff. the emergence of civil liability out of 'conspiracy' is confined to 'conspiracy to injure' even though the end were brought about by conduct and acts which by themselves and apart from the element of combination or concerted action could not be regarded as a legal wrong. in this sense, conspiracy is the gist of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori300
..... question whether the mtgee had special advantage by reason of his position as mtgee. in acquiring them. in the madras case, it was pointed out that section 90, trusts act, affords protection against the mortgaged properties being gold at a disadvantage & prevents certain persons from taking advantage of their position to secure a benefit to themselves ..... no doubt that the mtgee. either contractual or statutory or equitable holds the position of a trustee as against the mtgor. (see s, so, trust act). section 95 of the said act enumerates &i; defines the liabilities of a mtgee, qua trustee & his liabilities to pay the public charges & to protect the property in a state ..... as a mtgee.. under schedule 25, or, in other words, whether he had the liabilities of a quasi trustee within the meaning of schedule 0 read with section 95, trust act. lastly the question further arises whether his purchase will enure to the benefit of the mtgor. (pltf.) or the title acquired thereby can be retained by him, .....
Tag this Judgment!Court : Orissa
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
Reported in : AIR1950Ori88
..... beyond the limits of the province, is made punishable. the accused was therefore charged with having committed an offence in having contravened this notification and was therefore punishable under section 7 of act xxiv of 1946. p. w. 1 and p. w. 2 merely prove that the accused had a ticket from cuttack to howrah and that he had also ..... , j. 1. this is an appeal against an order of acquittal passed by the sessions judge outtack. the respondent hari baisakh was charged with an offence under sections 7/17 of act xxiv [24] of 1946. of having attempted to remove 42 lbs of handloom cloth beyond the limits of the orisaa province on 7th august 1948. the accused ..... him. on this evidence the accused was questioned as to whether he had attempted to remove the said cloth from cuttack to howrah, in the course of his examination under section 342, criminal p. c., and the accused replied 'yes.' the accused also pleaded 'guilty' to the charge framed by the magistrate who tried him. the magistrate accordingly .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... dairy 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 ..... of a commissioner and his staff vested with large supervisory and administrative powers there should be finance it is not the essence of the scheme that the finance should be raised in the particular way. section 8, sub-section (2) of the act provides that the commissioner shall receive out of the funds of the endowments such salary as .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori146; 16(1950)CLT35
..... whether belonging to the 'excluded classes' or the 'highest classes' to insist upon the doors being opened and the 'pahar' of the god being disturbed. section 3 (i) of the act lays down that persons belonging to the 'excluded classes' shall be entitled to enter any temple and to offer worship therein 'in the same manner and to ..... orderpanigrahi, j.1. the petitioners four in number are the marfatdars of sri kasi baijunath mahadev temple at majhika in angul and have been convicted under section 6 of the orissa temple entry act of 1946 and sentenced each to a fine of rs. 50/-. the case against them is that on 8-9-48 they obstructed certain worshippers belonging ..... hindu community nor ,can a member of the 'excluded classes' acquire any such right under the act. i am, therefore, of the opinion that the prosecution was misconceived and that no offence has been committed under section 6 of the orissa temple entry act. the rule is made absolute. the convictions are set aside and the fines, if paid, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori40
..... fully advised it the sub-divisional magistrate before whom the complaint was filed is a magistrate who is authorised to receive and try the charges referred to in section 20 of the act without reference to the magistrate of the district. least sub-divisional magistrate was not entitled to entertain it, the complainant will be in tremendous difficulties. according ..... of the seizure. it is no longer open to him to make a complaint to a competent magistrate within the meaning of section 20 as the ten days period has expired. i do not think section 14 limitation act, is applicable to such cases.4. with regard to the second contention there is no doubt some amount of conflict of ..... is for him to find out whether he is a magistrate authorised to receive and try the charges under section 20 of the act without any reference by the district magistrate. i bring to his notice the provision of section 20 of the act. if he is a competent magistrate to take up the case the proceeding shall be deemed to be .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori245; 16(1950)CLT227
..... & the deceased for the possession of the falsia which he succeeded in securing. the limits of the exercise of the right of private defence in such cases are indicated in sections 104 & 102, i. p. c. as is clear from the evidence there was a definite attempt by the deceased to kill the accused with the falsia. the accused was ..... fatal injury or probably two, must have desisted from the rest & that the fact of his having persisted in inflicting so many injuries is a clear indication that he was acting out of vindictiveness & anger & not in self-defence, to adopt this view is to indulge in speculation. we have no means of knowing from the evidence which injury was ..... first instance to point out that in making the assumption that the deceased was dealt a fatal blow when standing which brought him to a lying condition the learned judge acted on the evidence, ex. 14, which we have ruled out as inadmissible. once that is excluded, there is no other evidence on which it can be said that the .....
Tag this Judgment!