Court : Orissa
Reported in : 1949CriLJ1013
..... i would, therefore, convict the appellants under section 804 and sentence them each to rigorous imprisonment for five years.18 ..... in order to make it appear that the woman committed suicide, accused took up the unoonsoious body of his wife thinking her to be dead and bung it by rope, it was found that in fact death was not caused by the previous assault, but by the hanging. ..... in the same trial, saraswati dei mother of srinarain has been convicted under section 302 and sentenced to transportation for life.3. ..... merely because she made no protest or no subsequent report to the police, it cannot be said that she connived at the grime. ..... in the present case, on the facts proved, i hold that the appellants bad no intention to cause the death of anuchi and it follows that they are not liable to be convicted on the charge of murder.14. ..... but she explains that she was in a confused and terror, stricken frame of mind and conoealed herself in her house the whole night out of ..... behalf of appellants learned advocate maintained that bahaso should be deemed to be an aooomplioe and her evidence should not be trusted without strong corrobo-ration. ..... aaoording to the defence, there had been a quarrel between anuohi and her husband bhagaban, as 'a result of which anuchi committed suicide, by burning herself on the wooden pyre ..... in my opinion the appellants must be deemed to have known that their act was likely to cause the death of anuchi. ..... the principle has been applied in indian oases. ..... the assistant surgeon (p. w .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... are commonly treated as extra indian, bach as, afganisthan and nepal, and can acquire and exercise within the territories of such states powers of legislation and jurisdiction similar to those which are exercised by the crown in foreign countries in accordance with the foreign jurisdiction acts and orders in council under them, and extending to persons who are not subjects of ..... section 5 declared that the notifications of the governor-general in council issued under the act were conclusive ; and, since the appeal of that act, the foreign jurisdiction act, 1890, and the kind's order in council, of 11th june 1902 together with the notifications published under it by the governor-genet at in council, warrant the officers concerned in exercising the powers entrusted to them, and prevent other british subjects and ..... we have moved away from the 19th century idea of the police state, negative and repressive, to a new conception of the social-service state it is the carrying out of these functions ..... and i hesitate to express a definite opinion on a matter on which we have not had the advantage of assistance ..... and executive powers, is inseparable from the act of governance the object of which is to maintain peace and orderly relation and effectuate social service within the bounds ..... and weilded internal sovereignty neither the british indian laws nor those enacted by british parliament, extended to them (territories of indian states)--references :(a) bulter committee's report of the year 1927 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
..... this was incorporated in the central provinces land hevenue act, as section 65a, by the central provinces act xvi (16) of 1889, this section was in the following terms; 'the settlement officer may enquire into the claim of any person holding from a proprietor a village or a part of a village, as thikadar, gountia or farmer and may, with the previous sanction of the chief commissioner, provide in the terms of settlement, for the protection of such ..... the zamindari settlement officer and was commissioned to hold enquiries regarding the revision of 'takoli' and the rights of the thikadar and other subordinate holders in the borasajmbar and fuljhar zamindaries ..... is, having regard to these provisions, whether the conferment of protected status effected any change in the tenure of the thikadar or in his relationship with the zammdar, on the one hand, and his co-sharers on the other, and whether the loss of the tenure to the thikadar would necessarily involve the ejectment of the cosharers from the 'bhogra' land, which had been allotted to them prior to the grant ..... in such circumstances, the latter is bound by any arrangement as to right to or possession of the 'sir' lands of the joint family members and the thikadar, 'inter se', even though all the time that the arrangement was ..... in the second case reported in 37 indian cases 107 the only point decided was that the grant of a protected ..... and of my work in these zamindaries generally it should be borne in mind that i had no skilled assistance .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori89
..... i reconcile myself to the position that the federal court order 1947 (an order having extra-territorial application as much as laws of dominion legislature in india) lacks jurisdiction over, or, in relation to, any area within the geographical and governmental ambits of the indian union, irrespective of any such area, having been included or not in the dominion, in the sense of its being either a governor's or a chief commissioner's province or of an acceding state, as such, that is, in ..... the dominion of india, according to section 5, constitution act, is 'the dominion of india established by the indian independence act, 1947' and it 'shall, as from 15th august 1947, be an union comprising (a) the provinces hereinafter called governors' provinces; (b) the provinces hereinafter called chief commissioners' provinces ; (c) the indian states acceding to the dominion in the manner hereinafter provided ; and (d) any other areas that ma; with the consent of the dominion be ..... of this provision was tomake the high court the sole interpreter of the constitution, and a consequence is that the high courtla not bound to follow the decision of the privy councilapart any such constitutional questions as to the ..... is certainly a high court for the area in the sense of its possession of jurisdiction in relation to the persons resident of and cases arising in that area under the laws extended and applied over there.19. ..... opinions i have considered the matter, assisted by their judgments with anxiety. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori143
..... to put it the other way round, if this were permissible, it would amount to creating an enforceable right or title to immovable property by means of an unregistered contract-deed and thus to reduce to nullify the effect of section 49, indian registration act, and the other provisions that imperatively require registration of such documents as purport to create or assign a right to immoveable properties, valued more than rs. ..... be taken of the frame of the suit, as one substantially under order xxi, rule 63, code of civil procedure, section 53a is reproduced for easy reference: 'where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty; and the transferee has, in part performance of the contract, taken possession of the property or any part thereof ..... the learned judges were free to deduce equitable principles analogically apart from section 53a by the language of which they felt not bound as it was not in force in the punjab in order to give relief to the plaintiff, who, they thought, was entitled to it in justice, equity, and good conscience. ..... 34:'where a rule either of the common or the statute law is direct and governs the case with all its circumstances on the particular point a court of equity is as much bound by it as a court of law and can as little justify a departure from it.'7. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori95
..... ind app 202 irom which the proposition mat was laid down was extracted in the following terms;'their lordships of me judicial committee of the privy council said in mat case that section 116, evidence act, is perfectly clear on this point and rests on the principle well established by many english cases that a tenant who had been let into possession cannot deny his landlord's title, however, defective it may be -so long ..... late in the day to say that such decisions are based upon an interpretation and adaptation, to a particular circumstance of a case, of section 116 of the indian evidence act. ..... is:'now, in my judgment, the plaintiff was entitled to obtain a decree for possession of the land, because the learned subordinate judge had found in favour of the plaintiff in respect of the tenancy of 1910, and, in view of that finding, in my judgment, the defendant was not entitled to set up his title against that of the plaintiff without in the first instance going out of possession ..... in that case, there is, in fact, an annotation of the words 'during the continuance' of the tenancy occurring in section 116 and they have said though not in identical terms in which i am going to express it that the said term would mean during the continuance of the possession that was received by ..... ' unrealised, he was not held bound to pay, the mesne profits having been assessed on the basis of actual realisation and not on the basis of what he should have realised had he acted as a prudent man with due .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
..... the operation of buying is doubtedly an essential part in the business of trade, but on that account can it be held that a portion of the profits of the business accrued or arose at the place of buying ?the expressions 'accrue' and 'arise' occuring in section 4 of the indian income-tax act have been the subject of much judicial interpretation but for the purpose of this judgment it may be judicial interpretation but for the purpose of this judgment it may be assumed that they both denote ..... he further contended that buying is an important part of operation in the business of trade and that the income-tax authorities should have estimated that portion of the profits which accrued or arose in the states and applied the provisions of sub-section (3) of section 42 of the indian income-tax act for calculating the profits that might be deemed to have accrued in british india. ..... ' as the contention had never been raised before the income-tax officer we do not know the nature and extent of the operations that was carried out in the states for the purpose of buying. ..... in that case the question for decision was whether a person residing and carrying on the ground that a part of the profit of such sales accrued in british india. ..... it was held that the mere purchase of goods in england for the purpose of enabling a person to trades in america did not constitute the exercise of a trades in england. .....
Tag this Judgment!Court : Orissa
Reported in : [1949]17ITR355(Orissa)
..... with which their lordships of the judicial committee were dealing, their lordships answered the question, 'whether, in view of the provisions of section 13 of the income-tax act or otherwise the income-tax officer was right in computing for the purpose of section 10 of that act, the income, profits and gains in accordance with the method of accounting regularly employed by the assessee, when that method in fact does not show the true ..... honestly believes to be a fair estimate of the proper figure of assessment, and for this purposes he must, their lordships think, be able to take into consideration local knowledge and repute in regard to the assessee circumstances, and his own knowledge of previous returns by and assessment of the assessee, and all other matters which he thinks will assist him arriving at a fair and proper estimate; and though there must necessarily be guess work in the matter, it must be ..... price and others, where, in a case involving the provisions of section 252 and 254(5) of the indian contract act, it was contended tat as the order was passed by the high court of bombay in its power of discretion as enacted in the latter section of the act, ..... section places the officer in the position of a person whose decision as to amount is final and subject to no appeal, but whose decision if it can be shown to have b been arrived at without an honest exercise of judgment may be revised or reviewed by the commissioner under the powers conferred upon the official by section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori89
..... of two applications, consolidated, because of the facts being identical, by the commissioner of income-tax, excess profits tax, bihar and orissa, under section 66 (1) of the income-tax act read with section 21 of the excess profits tax act for stating a case and opinion of this court on the following (three) questions of law: (1) whether in the circumstances of the case, the tribunal was right in asking the income-tax officer to assess the assessee on receipts basis with regard to contracts carried ..... he must make what he honestly believes to be a fair estimate for the proper figure of assessment, and for this purpose he must, their lordships think, be able to take into consideration local knowledge and repute in regard to the assessee's circumstances, and his own knowledge of previous returns by and assessments of the assessee, and all other matters which he thinks will assist him in arriving at a fair and proper estimate: and though there must necessarily be guess-work in the matter, it must be honest guess-work. ..... their lordships think that the section places the officer in the position of a person whose decision as to amount is final and subject to no appeal, but whose decision of it can be shown to have been arrived at without an honest exercise of judgment, may be revised and reviewed by the commissioner under the powers conferred upon that official by section 33. ..... 66, where in a case involving the provisions of sections 252 and 254(6) of the indian contract act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori300
..... time during his occupation, but in order to protect his interest he paid all such rents which, as i have already said, constituted a charge even as against him according to cl, (b) of the sub section, but, in fact, the liability to pay such rent was in law with the recorded tenant, the legislature must have said that he shall be entitled to retain possession until these rent charges, paid by him ..... 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 in ..... proposition on which they placed reliance as quoted in a passage quoted therein is to the effect that where the mtgee in possession of a tenancy is bound to pay rent & in default the holding is brought to sale by the landlord in execution of a rent decree & purchased by him & later ..... the mtgor, but the indian trust act imposes certain obligations upon ..... act was amended in 1929, the words' and all rent' were for the first time introduced into schedule 6 (c) removing all doubts whether the rent payable by the tenant to his ..... what i understand the section of mean is 'his right to retain possession until completely reimbursed of the debt with interest due throughout will entitle him to pay the public charges and to deduct the same from the rents & profits that accrued from the holding or tenure in his possession & t adjust the balance only ..... and .....
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