Court : Orissa
Reported in : AIR1957Ori17; 22(1956)CLT479
..... the suit was also challenged on the ground that in view of the provisions of the orissa tenants protection act the suit was cognizable only by the revenue court.4. the orissa tenants protection act, 1948 (orissa act 3 of 1948), which is an important measure of tenancy reform, was brought in force on 14-2 ..... -1948. the main object of that enactment was to give temporary protection from eviction to actual tillers of the soil and the expression 'tenant' was therefore given a wide definition (see section 2(g) of the act ..... the plaintiff from forcibly interfering with their possession and that, as advised by the revenue authorities, they subsequently filed applications under the orissa tenants protection act.hence, if the plaint and the written statement are carefully scrutinised, there can be no doubt that the real dispute between the parties was as .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori27; 1966CriLJ48
..... a single calendar day in contravention of clause 3 of the orissa food grains dealers licensing order, 1959, thus committing an offence under section 7 of the essential commodities act.3. the plea of the petitioner was that only 16 bags weighing 48 maunds belonged to him and the balance four bags weighing 12 maunds belonged to one bangarayya and ..... the petitioner examined d. w 1, the manager of sriram trading company in support of his defence, that he purchased only 15 bags and five bags belonged to bangariva.4. the learned courts below rejected the plea of the defence on the ground that bangariya has not been examined and there was a discrepancy in defence version so far ..... , is whether such possession by itself would amount to contravention of clause 8 of the said order so as to make the petitioner liable under section 7 of the aforesaid act.6. mr. ramdas, learned counsel for the petitioner, contended that even if it is found that the petitioner was in possession of 60 maunds of rice, it is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori82; 76(1993)CLT1015
..... did not deposit the same as required by section 7(3) of the act.4. the learned counsel appearing for the opposite party no. 1 made out a contention that even if an order debarring him to contest the proceeding under section 7(3) of the act was passed, he would be still entitled to cross-examine the witnesses of ..... singh deo, air 1989 sc 162. their lordships of the apex court in that case were considering the scope of section 17(3) of the west bengal premises tenancy act (act 12 of 1956), the aforesaid sub-section is quoted below for ready reference.'(3) if within the time fixed in the order under sub-section (1), the tenant deposits ..... .5. we are, therefore, of the view that the tenant was rightly debarred from contesting the proceeding before the house rent controller under section 7(3) of the act and we therefore set aside the appellate order of the chief judicial magistrate-cum-house rent controller appellate authority. sundargarh in annexure 13, annexure 14 being the order subsequent .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori73; 39(1973)CLT117
..... under clauses (a) and (b). cases of periodical tenancy claiming an immunity from the operation of section 7 are also few and far between. the house rent control act is a temporary act, which will expire in 1974 unless further extended. thus having regard to all the circumstances, we are of opinion that the case is not a fit one for ..... appeal under clauses (a) and (b).5. in the instant case, the point raised indeed relates to a construction of a few sections of the orissa house kent control act and the subject-matter of controversy relates to an ordinary claim to remain in the house as a tenant for about another 2,1/2 years. thus the value of ..... the question that a periodical tenant governed by section 11 of the orissa house rent control act enjoys an immunity from eviction under section 7 (1) thereof is of such general public or private importance as to justify a certificate of fitness under clause (c).4. the scope of an application for leave to appeal to the supreme court under article 133 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori95; 1995(I)OLR132
..... court held in that case was that a mere right existed under the repealing provision to take advantage under the repealing act is not a right accrued.10. the decision of the supreme court in vinod gurudas raikar v. national insurance co. ltd., air 1991 sc 2156, was heavily relied upon by the learned advocate of the tenant. that was a case ..... decision of this court in umakant's case, held that the proceeding was not maintainable as it was filed on 20-6-1988, i.e., after expiry of the act on 4-5-1988. that order passed by the house rent controller is challenged in this petition.3. it was submitted by the learned advocate for the petitioner that even though the ..... the landlord did noi acquire any right till the controller passed an order in his favour. in our opinion, on happening of the events mentioned in sub-section (2) and (4) of section 7, the landlord acquired a right to get back possession of the leased out premises and that right was of such character that it could be regarded as .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori91
..... goods from those of the registered proprietor. accordingly, in considering the question of infringement the courts have held, and it is now expressly provided by the trade marks act, 1938. section 4, that infringement takes place not merely by exact imitation but by the use of a mark so nearly resembling the registered mark as to be likely to deceive.' in ..... or not in using the plaintiffs trade mark and granted an injunction accordingly. the common law courts, however, adhered to their view that fraud was necessary until the judicature acts, by fusing law and equity, gave the equitable rule the victory over the common law rule.7. the two actions, however, are closely similar in some respects. as ..... a registered trade mark for the vindication of 'the exclusive right to the use of the trade mark in relation to those goods' (vide section 21 of the act). the use by the defendant of the trade mark of the plaintiff is not essential in an action for passing off, but is the sine qua non in the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori293
..... and this court would be entitled to interfere in a certiorari proceeding with the order of an inferior tribunal to correct errors of jurisdiction where the inferior tribunal acts without jurisdiction or in excess of it or fails to exercise jurisdiction vested in it. similarly, this court would be entitled to interfere if it comes to ..... and c could not betaken into credence as those do not appear tobe genuine and do not bear any seal of thepost office and the entries thereon are theunilateral act of the tenant. after discardingexts. b and c as suspicious, he also considered other materials on record and came tohold that the tenant has wilfully defaulted inpayment ..... payment of rent. it was also indicated that the existing passage is sufficient and the landlord does not require the disputed room for broadening the passage in question.4. before the controller, parties led evidence and on consideration of the same, the house rent controller came to the conclusion that the rent for the premises had .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori178; 53(1982)CLT529
..... that the applicant is not occupying another residential building in the urban area concerned and that he has not vacated such building without sufficient cause after the commencement ofthe act in the urban area. these two elements which were statutorily required to be stated in the petition had not been mentioned in the petition. it was, therefore ..... of natural justice. the jurisdiction of high court to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. this limitation necessarily means that findings of fact reached by the inferior court or tribunal as result of the appreciation of evidence cannot ..... house rent controller and allowed the petition for eviction holding that opposite party no. i requires the house for his residence and also for starting a motor parts shop.4. it is contended by mr. mukherjee, the learned counsel for the petitioners,that petitioner no. 2 being the son of petitioner no. 1, there is no .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT623; (2009)226CTR(Ori)676; [2009]319ITR339(Orissa)
..... the stock. on difference of opinion between the two members, the matter was referred to the learned president, itat for opinion of a third member under section 255(4) of the it act. the learned third member concurred with the view of the learned accounts member and held that no addition can be made on the basis of discrepancy worked out on ..... but where a liability is sought to be foisted upon an assessee, the revenue has to be a little more serious while exercising powers conferred upon it under the act. mere guesswork or an estimate cannot be an adequate substitute for a scientific investigation or carrying out some empirical study. the officers who conducted the search did not want ..... in assessment? i find a decision of orissa high court in the case of haribhagat agarwalla v. state of orissa 51 stc 355, a case under the sales-tax act, stating that no addition can be made on the basis of difference of the stock arrived at by sampling method. it observed as under:in 1969-70 the assessee, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori280
..... behind that valuation and to consider whether the valuation is a proper valuation or not.' it is conceded that no rules are framed under section 9 of the suits valuation act. 4. in this case, the property in respect of which injunction is prayed for is 7 gunthas. according to the sale deeds filed by the plaintiffs in the court below, ..... and in such cases the defendant's application in revision ought not to be allowed. in the case of ramkhelawan sahu v. surendra sahi, 18 pat lt 977: (air 1938 pat 22) (e), a special bench of the patna high court held: 'the court deciding the question of court-fee is deciding an issue not as between the plaintiff ..... the legislature in such stand-aids as they themselves have laid down. but until such standards are laid down by appropriate rules framed under section 9 of the suits valuation act, it would not be possible for the court to exercise, this power except in those classes of cases in which the valuation made by the plaintiff is illegal, palpably .....
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