Court : Orissa
Reported in : AIR1958Ori111; 24(1958)CLT28
..... roving inquisition. the primary responsibility for furnishmg full particulars of the alleged corrupt practices and to file a petition in full compliance with section 83(2) of the act is on the petitioner. where undoubtedly the tribunal has taken all too narrow a view of their function in dealing with the various alleged defects in the petition ..... matter cannot be taken up in revision or appeal under section 99 of the civil procedure code. to remedy these things and to see that the provisions of the money lenders act. are followed, the court should call for these particulars made obligatory on the money-lenders in filing plaints. these particulars should be called for if not given ..... the dues of sadikhan were paid by him, but the plaintiff having procured the blank paper from the said sadikhan with his signature has brought this false suit.4. the learned small cause court judge came to the conclusion that the promissory note ext. 1 was executed fay the defendant and that it did not show that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori71; 28(1962)CLT563
..... deed or other public documents. their lordships of the patna high court in a full bench decision ramkhelawan sahu v. surendra sahi, reported in air 1938 pat 22 (fb), held that section 7(iv)(c)would not apply to cases where the relief sought is for recovery of possession. it would be useful to quote the following passages in extenso. ..... recovery of possession, he must have to establish his title before the relief for possession is granted unless it is a suit under section 9 of the specific relief act or a proceeding undersection 145 cr. p. c. the question for consideration is whether the essence of the matter is in any way affected by adopting different phraseology ..... is really a suit for possession.' i would say with great respect that the aforesaid passages correctly lay down the distinction between section 7(iv)(c) and section 7(v)(c) of the court-fees act. 3. with reference to the reliefs claimed in this suit, even without the prayer for declaration of title the plaintiff can be granted .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori98
..... in favour of the plaintiff. the distinguishing feature between subrogation by operation of law, as provided under the first paragraph of section 92 of the transfer of property act, and subrogation by agreement provided under the third paragraph of the said section is that in the former the .person having a pre-existing interest in the ..... court in second appeal no. 419 of 1963 (orissa). at the hearing of this appeal the question regarding the passing of interest of defendant nos. 3 and 4 to the purchaser in the certificate sale, being the second above-mentioned question referred to the trial court as stated above, was not pressed, as specifically mentioned in ..... to cause wrongful loss to the plaintiff, and so he is entitled to reconveyance of his share in the touzi on payment of proportionate share of the certificate sale amount.4. defendant no. 1, who alone contested the suit, resists the plaintiff's allegations inter alia on the following grounds: (1) the certificate sale was not fraudulent, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori176
..... 2. case of plaintiff is that defendant was a monthly tenant under mm in respect of a house in jharsuguda town within municipal area to which orissa house rent control act was applicable. since 1963 the monthly rent was @ rs. 200/- payable on the first week of every month. when defendant defaulted to pay the rent from january, ..... for realisation of arrear monthly rent by plaintiff is not maintainable as other persons are also owners of the house and as such landlords entitled to the said amount. 4. plaintiff examined two witnesses and proved documents marked exts. 1 to 3. defendant examined four witnesses and proved documents marked exts. a to g series. on consideration ..... defendant accepting case of plaintiff. thereafter, this suit has been filed in the year 1973 for arrear of house rent for the period between 1-1-1970 to 30-4-1973, amounting to rs. 8,000/-. 3. defendant contested the suit denying the claim. while not disputing his relationship as monthly tenant, it is stated that monthly .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori129
..... is an application under articles 226 and 227 of the constitution against the appellate order of the additional district collector of ganjam in a case under the orissa tenants protection act.2. the material facts are as follows: the opposite party claiming to be bhag-chasis applied on 11-5-50 to the second officer of berhampur for protection ..... observing that the decision in a section 145, cr. p. c., proceeding cannot oust the jurisdiction of the o.t.p. act officer to make enquiries under sub-section (6) of section 7 of the o. t. p. act.4. i have no doubt that the learned additional district collector has taken the correct view.; there is a fundamental difference between an ..... enquiry under the provisions of the o. t. p. act on the one hand and an enquiry under section 145. cr. p. c. on .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori167; 53(1982)CLT451
..... tenable and should have been dismissed. the controller as also the appellate authority went wrong in holding that the application was maintainable and that an order of eviction should follow.4. the writ application is allowed and the impugned order of the controller as upheld in appeal is set aside. there would be no order for costs.the application for eviction .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori185
..... the bhogra lands of the family including the suit lands vested in the state of orissa on 1-4-1960 under the provisions of the orissa estates abolition act. defendant no. 10 dhaneswar alone filed a claim under section 8-a of the act in respect of all the bhogra lands of the family. the estate abolition collector settled the suit ..... of the gift by basudev and contended that it was obtained from him under undue influence and was never acted upon. they also contended that the estate abolition collector had no jurisdiction to settle the suit lands exclusively with the plaintiff.4. the trial court, on a consideration of the evidence led by the parties, held that the deed ..... of gift was duly executed and acted upon and that the plaintiff was in possession of the suit lands from the date of gift .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori218
..... respect of the recovery of possession is payable under section 7(v)(d) of the court-fees act as directed by the trial court.4. section 7(v)(d) of the act deals with a broad category of land only. in the absence of any other material, the ..... trial court cannot be said to be wrong in calling upon the plaintiff to pay court-fee thereunder. however, section 7(xi)(cc) of the act ..... . b.b. ratho, the learned counsel submitted that although the nature of the suit comes within section 7(xi)(cc) of the act, some more conditions are to be satisfied and the plaintiff should get an opportunity to amend the plaint to bring to the plaint those ..... giving opportunity to the plaintiff to amend the plaint to bring it within the scope of section 7(xi)(cc) of the court-fees act and thereafter, the trial court shall examine the court-fee payable in accordance with law.7. in the result, the civil revision .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori183; 54(1982)CLT159
..... 1 and 2) passed by the house rent controller and the chief judicial magistrate, rejecting the application of the petitioner under the orissa house rent control act, 1967 (act 4 of 1968) (hereinafter referred to as the act) and dismissing her claim for eviction of the opposite party no. 1 on the grounds (a) that the opposite party no. 1 was a ..... . 1 then went on depositing the house rent in this account. true, this account had been opened on 29-6-1977 after the institution of the case under the act, but this circumstance, by itself, would not warrant a conclusion that the opposite party no. 1 had been a wilful defaulter. both the original and the appellate authorities ..... of nanalal goverdhandas & co. v. smt. samratbai lilachand shah, air 1981 bom 1. section 13(1)(g) of the bombay rents, hotel and lodging house rates control act (57 of 1947) provides that the premises must be reasonably and bona fide required by the landlord. the landlady in that case had not been examined and ramanlal, her son .....
Tag this Judgment!Court : Orissa
Reported in : [1981]48STC453(Orissa)
..... is 1970-71. the assessee, a registered dealer, carries on business in sewing thread along with certain other goods. for the year, the assessment was completed under section 12(4) of the act. on a sale transaction of rs. 28,542.32 of sewing thread, tax was demanded at 3 per cent according to serial no. 3 of the schedule of taxable ..... by the dealer was exigible to tax at 2 per cent as declared goods under the orissa sales tax act. the assessee is entitled to costs of the reference. hearing fee is fixed at rs. 200. the assessment under section 12(4) of the act adopting the rate of three per cent having become final, the tribunal while dealing with this matter under ..... section 24(5) of the act should ensure that such assessment is not interfered with.n.k. das, j.11. i agree.
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