Court : Orissa
Reported in : AIR1963Ori130
..... any change in its character, so as to debar acquisition of joint family rights in it or to divert any preexisting or subsisting right in them enuring to the benefit of the members of the joint family;(iv) section 65-a in saving the pre-existing arrangements with regard to the thikadary tenures, saves not only the partition of the tenure, if any, but also joint or separate enjoyment of the sir and bhogra lands appertaining to the tenure or any other emoluments arising therefrom. ..... bo as follows: (a) the tenure shall be heritable, but not transferable by sale, gift, mortgage or dower; it shall not be saleable in execution of any decree, nor shall any decree be passed for the sale thereof; and, save in so far as any arrangements to the contrary are in force at the time of declaration, it shall not be partitioned and shall devolve on one member only of the thikadar's family. ..... -1/12/60 r--in exercise of the powers conferred by sub-section (1) of section 3-a of the orissa estates abolition act, 1951 (orissa act i of 1952), the state government do hereby declare that the intermediary interests of the holders of thikadari and maufidari villages in the sadar and bargarh sub-divisions of the district of sambalpur have passed to and become vested in the state ..... appeal are ka, kha, gha and una schedule lands in originally protected thikadari villages khemidikhar and halkadadar, arjun naik (deceased) acquired sir and khudakast lands in these villages and possessed the save in his own right. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori33
..... mind to such an extent that he was incapable of knowing what he was doing was wrong or contrary to law.in order to find whether the accused was by reason of unsoundness of mind incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law, a court may rely not only on the defence evidence but also on what is elicited from the prosecution witnesses as well as on circumstantial evidence consisting ..... at the time of the occurrence, the accused's natural emotions and feelings, as of a normal person, stilt governed his mind and had not left him. ..... for his crimes until the contrary is proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong. ..... feeling of fear was apparently governing his mind at the time ..... the question is whether, regard being had to the circumstances, the court should act on the supposition that there was a reasonable probability that the accused acted while his cogitative faculties were impaired to the extent of his not realising that what he was doing was wrong ..... this spirit of defence, -- which governed the deceased's mind,--accounts for the ghastly way the accused behaved sitting over the dead body of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori1
..... does not necessarily mean only going into production, and that in fact in the present case there was demonstration of some yarn in the presence of the deputy director, production, government of india, when he visited the mills.it is clear from the memorandum of association of the company that the objects for which the company was established were, inter alia, establishment ..... considerable experience of 'the managing agents in the running of industries, they could help the management as managing directors under the full control of the board of directors, where the government would have the predominating voice being the major share-holders.the managing agents present at the said discussion promised to consult their other directors and to take final decision in the matter ..... remedy is available to the petitioner and that the petitioner is acting unreasonably in seeking to have the company wound up instead of pursuing that other remedy, and the company relied on section 443(2) of the indian companies act, 1956.the company's point is that the experts in their report had suggested two alternatives left for the orissa government, namely, either winding up of the show or to proceed ..... government of india,-- being the additional assistant registrar of this court,-- is directed to function as the liquidator and to proceed, according to law, with the administration of the company in liquidation and take such steps as may be necessary in accordance with the provisions of the indian companies act .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori73
..... it was always 'open to government to refuse to accept his explanation for keeping so much liquid cash in his house when he had already a post office savings bank account showing a balance of rs ..... concerned, by rules like rule 55 of the civil service (classification, control and appeal) rules was bodily lifted out of those rules and together with an additional opportunity as embodied in section 243 of the government of india act, 1935, so as to give a statutory protection to the government servant and has now been incorporated in article 311(2) so as to convert that protection into a constitutional safe-guard'.as to what is meant by 'rules of natural justice' to be followed in a departmental proceeding ..... bengal, air 1961 cal 1 (sb) it was observed that article 311 acts as a rider or limitation on the 'pleasure' in article 310.the full import of article 311 was also fully explained by their lordships of the supreme court in the aforesaid khemchand's case, air 1958 sc 300, where after considering the provisions of the service rules dealing with departmental enquiries against government servants such as rule 55 of the civil services (classification, control and ..... not strictly applicable in such cases and if government thought fit to act on the statement of sri. j.n. ..... he has been prosecuted in a criminal case for an offence under section 5(2) of the prevention of corruption act (act iii of 1947) the burden would have been shifted on him by section 5 (3) of that act to prove this fact. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori188; [1962]32CompCas908(Orissa)
..... on by a chief commissioner, appointed by the government of india, but subsequently, from the 1st january, 1949, the government of india delegated to the government of orissa full powers to administer the state of mayurbhanj in exercise of the powers conferred on them by the extra provincial jurisdiction act, 1947, then, by the constituent assembly act 1 of 1949 the government of india act, 1935, was amended by the insertion of a ..... company at a belated stage even if it be taken to be true, can only be construed to mean that the company wanted to take advantage of the eagerness of the government of orissa to get themselves recognised as a shareholder in the company, to extort the concessions promised in the proposed agreement with the former ruler of mayurbhanj, but not fulfilled. ..... insisted on the filling up of the transfer deed form (annexure m dated 10th june, 1950).subsequently, the government of orissa with a view, presumably to avoid unnecessary controversy, sought the help of the imperial bank of india, calcutta (who held a power of attorney on behalf of the maharaja of mayurbhanj) to get ..... virtue of article 1(2) read with item 9 of the first schedule to the constitution; the personal privileges granted to the ruler of mayurbhanj were alone saved by article 362.sovereignty over the entire territory of mayurbhanj was thus transferred to the government of orissa or the dominion government, as the case may be, in accordance with the distribution of powers under the constitution. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
..... they are as follows: (i) the qualifying date for determining the age qualification of voters under section 13 of the orissa municipal act was published by the state government only on 10-1-1958 whereas the preliminary electoral rolls had already been published on 23-12-1957 and claims and objections had been invited for a ..... be reasonable to say that the payment of that sum of money to the successful decree-holder would be such a strain on the financial resources of the state government or of the municipality, or else that it would cause such serious administrative problems that the legislature can step in and annul the decree and thus deprive the decree ..... nath: 'the order of the income tax commissioner, delhi dated 29-1-1958 is -set aside and all proceedings now pending for implementation of the order of the union government dated 5-7-54 are quashed'.soon after the delivery of this judgment, the president promulgated the indian income tax (amendment) ordinance 1959 (ordinance no. ..... rolls were invalid on the ground specified in sub-section (2) of section 3 or on the ground that the date of polling of the election was not fixed in accordance with the act or the rules made thereunder, shall be deemed to be and always to have been of no legal effect, whatsoever, and the elections to the said municipality are hereby validated ..... it will be interesting to note that the savings provision in the madhya pradesh act (act i of 1955) has been drafted more carefully and is more restrictive than .....
Tag this Judgment!Court : Orissa
Reported in : 24(1958)CLT479; [1959]36ITR135(Orissa)
..... officer, titlagarh, to show cause, why he should not be committed for contempt of court for having started a legal proceeding against the official liquidator in a pending winding up case under the companies act after the order for winding up was passed, without the leave of the court.by an order passed on august 30, 1957, the koraput swadhin motor transport company limited was ordered to be wound up ..... that it was under this impression and with a view to help the official liquidator to make the payment at the conclusion of the winding up proceedings, he issued the notice acting bona fide and in good faith; and that he very much regretted that he was not aware that leave of the court was to be taken before nay such notice could ..... prerogative, priority, or preferential rights or treatment, in payment of its claims save those expressly conferred and limited by the act itself, in particular by section 230 and sub-section (2) of section 232 (sections 530 and 537(2) of the new act).clearly action under section 46, income-tax act, is not a proceeding in an ordinary court of law. ..... central government was protected under section 537(2) of the indian companies act and that the notice under section 46(5a) of the income-tax act was not an attachment until certificate proceedings would be started by the collector of the district in exercise of his powers under the proviso to sub-section (2) of section 45 of the indian income-tax act. ..... section 46(5a) also.in the case of bank of bihar ltd. v. ..... banking .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori56; 23(1957)CLT67
..... from the operation of the bombay rents, hotel and lodging house rates control act 1947.section 4 of that act exempted from the operation of the act any premises belonging to the government or a local authority and further provided that it would not apply as against the government to any tenancy or other like relationship created by grant from government in respect of premises taken on lease or requisitioned by government.this provision was challenged as amounting to unfair discrimination on the ground that tenants of houses ..... every landlord should have at least a minimum of 7 standard acres of land for the purpose of personal cultivation and hence, in section 4 of the act provided for his choosing such seven acres for his cultivation even by evicting tenants through the intervention of the revenue authorities.sub-section (7) of section 4, however, saved the rights of tenants from such eviction if they were already protected from eviction by any other law in force prior to the date ..... it is true that the tenants protection act was also a law in force prior to the date of commencement of the orissa tenants belief act which protected tenants from eviction, but that act was repealed with the passing of the act and the only rights under the tenants protection act which were saved were those expressly specified in section 19 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori114
..... issue of a writ in the nature of mandamus directing the opposite party, the state of orissa, to refrain from proceeding with the land acquisition proceedings as the notification issued by the government under section 4, read with section 17(4), land acquisition act, is ultra vires, illegal and without jurisdiction, from taking possession of the land sought to be acquired before an award is passed, from carrying out the contemplated project of diverting the ..... when subarnarekha rises in flood, the water rushes into this depression with the consequence that the villagers in an attempt to save their villages and crops cut the bhograi embankment and thus allow the water to drain off partly into the protected area and partly to the east into ..... of orissa of 1928 stated that an embankment known as bhograi embankment protects a considerable area situated in the left bank of the lowest reach of the river subarnarekha from floods in that area and that the northern portion of that embankmentties to the north bank of orissa coast canal which a few miles further on meets the joki embankment running north to south. ..... there are many parallel lines of high sand-banks or sand-hills covered with thick shrubs and creepers running east to west from the sea-shore and inland and in between the sand-hills are agricultural ..... with their lands would show that the people knew that it was for their benefit and for the benefit of a large section of the people residing on both banks of the river subarnarekha. .....
Tag this Judgment!Court : Orissa
Reported in : [1956]29ITR253(Orissa)
..... family, company, local authority, firm or other association of person or any partner of a firm or member of an association individually satisfies the income-tax officer or other authority appointed by the central government in this behalf that the amount of tax paid by him or on his behalf or treated as paid on his behalf for any year exceeds the amount with which he is properly chargeable under this act for that year, he shall be entitled to a refund of any such excess. ..... but from the provisions of the order constituting the bank it is clear that it is not only completely owned, controlled an directed by the finance department of the state, but, by reference to paragraph ii of the order, it is clear that in the event of liquidation or the closing down of the bank, all the various assets of the bank shall vest in the state, and the lawful claims of the creditors and depositors shall be met inn full by the ..... the bank had invested very large amount in purchasing government securities and shares of other ..... have got to look to the substance of the petition and to the form of its, whether in fact the application is by the state government or by the mayurbhanj state bank. ..... the dividends also which were paid to the mayurbhanj state bank were paid by the companies in which the bank had interested money in purchasing shares after the income-tax was paid by the ..... (b) the bank shall not be placed in liquidation or closed down save by order of the maharaja and in such manner as he may .....
Tag this Judgment!