Court : Orissa
Decided on : Oct-27-1949
Reported in : AIR1950Ori123
..... the title of the ostensible owner if a benami conveyance was executed in order to perpetrate a fraud. this is a well recognized principle and has been applied in several indian decisions. 7. reference may also be made to varada-rajulu naidu v. srinivasulu naidu, 20 mad. 333; sidlingappa v. hirasa, 31 bom. 405 : (9 bom. l. r. 642); ..... 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 ..... 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 actually .....
Tag this Judgment!Court : Orissa
Decided on : Mar-01-1949
Reported in : AIR1950Ori225
Panigrahi, J.1. The plaintiffs, who have lost in both the Courts below, are the sons of one Fakir Charan Rai who held a revenue-free or muafi grant of the village of Nunia Jampalli in Bargarh Sub. Division of Samblpur district. The defendants are purchasers of Fakir's interest at a court sale in execution of a money decree obtained against the plaintiffs' father.2. The plaintiffs alleged that the village of Nunia Jampalli was granted by HaharajaChhatar Sai to the family of one Lambodar Bai, an ancestor of the plaintiffs, on a permanent and hereditary tenure for doing pujaseba, in the temple of Sri Samaleawari at Samblpur. It is alleged that the grant being one burdened with service and being a Denottar grant, is inalienable and that the court sale in execution of a decree obtained against the plaintiffs' father is void. The plaintiffs admit that the village was being enjoyed in three shares, i.e., an 8 annas share belonging to one Joydeb Bai, a 5 annag 4 pies share belonging to Fakir B...
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori327
..... these cases are distinguishable on facts & it is unnecessary to notice them at length. it will be found on investigation of the facts in each of the indian cases that the point considered was whether the exercise of the eight claimed is reasonable or unreasonable & with that aspect i shall deal presently. but in so ..... lord chancellor in harris v. chesterfield, 1911 a. c. 623 : (80 l. j. ch. 626) in reoognising similar customary rights. the provisions of the forest act providing for an inquiry into compensation for rights to forest produce when constituting a gov. reserve forest clearly recognise that in india such customary rights can exist & can be ..... clearly admissible in evidence.16. it has been argued that the statements relate to certain admissions said to have been made before him & therefore the same cannot be acted upon unless the persons said to have made the statements are called as witnesses & the entire admissions are put on record & the witnesses are examined with reference to .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-1949
Reported in : AIR1952Ori223
..... assimilate the complicated system we find in this country (india) with the. simple principles of landlord and tenant in our own, and especially in applying to the indian system the terms of appropriate and familiar signification which do not, without considerable limitation, properly belong to it, that much, if not all, of the complexity ..... scarcely 1/20th part of the local civil jurisdiction committed to their management by the sovereign proprietory government.'(fifth report, vol. ii, p. 237).11. the act not only recognises such lands as had already been assigned by the mohammedan government as the official domain or savaram and labelled them private lands, but also ..... and (ii) fictitious private lands described in the proviso to section 185 of the act. the second category of private land can exist in all estates, whether ancient or modern, whether created by the mussalman government or by the east india company. to determine whether any disputed land is of the second class or not, it .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1949
Reported in : AIR1950Ori6
..... order 21, rule 66) civil p. c., to be encumbered with the mortgage right of a third party, should be charged under article 16 of schedule 1 (indian stamp act i [1] of 1879), with a stamp duty for a consideration equal to the amount for which the auction purchaser purchases the property only, or for a consideration equal ..... 16,000 in the sale proclamation will not make the sale 'subject to mortgage' within the mischief of exception 3 clause (i) of section 2, orissa money lenders act (orissa act iii [3] of 1939); and that (iii) conceding that the defendant 8's purchase was at a sale of the mortgage properties 'subject to mortgage' within the ..... free from mortgage, his liability must be scaled down to the ultimate benefit of the original debtor in respect of his undertaking to indemnify. respective operations of the acts will call forth widely different considerations and no analogy can be drawn between the two. the statutes cannot be called part materia, the matters dealt with having widely .....
Tag this Judgment!Court : Orissa
Decided on : Jul-11-1949
Reported in : AIR1951Ori277
..... observe that the dist. mag., or the head of the police who is responsible for the initiation of these proceedings should very seriously consider the propriety of clubbing together acts, real or imaginary, extending over such a long period & trying to prove them at great expense & waste of time. it is preposterous to suggest that a case ..... down in section 117 (4) makes it all the more difficult to try persons without prejudice to an innocent man. when the prosecution chooses to array a hotchpotch of acts described as 'threats & instigations' it is extremely difficult for a mag. to control or analyse the evidence & to estimate its effect on each of the persons standing ..... persons named in the report covering a period of over twelve years commencing from 1935. the police also cited 140 witnesses to be examined to prove the various acts of high-handedness alleged to have been committed at different times by these persons. the mag. drew up proceedings on the 4th november in the following terms :' .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... element of option is inherent in a fee. the fees, levied under various acts such as births and deaths registration act, electricity act, forest act, companies act and under the licensing provisions of various acts, have been instanced as also the fees referred to in the english fees increase act (13 george v, chapter iv) to show that such fees are payable only ..... non-tax revenue. it is indeed sometimes difficult to draw a clear line of distinction between taxes and fees.'15. in chapter xi of the report of the indian taxation enquiry committee 1924-25, vol. i, there is an interesting discussion regarding this subject. though fees may in some instances, tend to become taxes, and ..... exist between any of its provisions and any of the provisions of an existing indian law relating to matters in the concurrent list.3. one of the main grounds taken in the lower court was that the whole of the impugned act was ultra vires inasmuch as it applied to purely religious institutions whereas under item .....
Tag this Judgment!Court : Orissa
Decided on : Nov-21-1949
Reported in : AIR1950Ori198
..... supreme landlord of non-agricultural landed interests.14. next, the sub-section makes the sale subject to the provisions of section 26, orissa tenancy act. the section, broadly speaking, deals with merger of occupancy right when acquired by proprietor and matters analogous thereto. the section textually is inapplicable to ..... sub-section discriminates between holding and tenure. this discrimination is compatible only with, the classification of the landed interest of the tenantry in the orissa tenancy act, the classification in kbasmahal tenancies are patadari. (lessee), dar-patadari (sub lessee) and dar dar patadari (sub-lessee). conception of a tenure is ..... to incorporate without express words in that behalf provisions that would be liable to be misinterpreted by production of sharp contrast resulting in inconsistency. every act should be interpreted in a manner congenial to production of harmony and consistency amongst its various provisions. the sub-section, under interpretation does not .....
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