Court : Orissa
Reported in : AIR1949Ori1
..... : (plaint) thalsur at the site of the gangamatha math is wholly wrong, being utterly contrary to the wishes of the founder and the purpose of the foundation, is a sacrilegious act, and is a continuing wrong. the plaintiff is entitled to be restored to the pagoda at the goswami math, to be worshipped there from day to day ..... privy council decision where the swetambari sect of jains placed 'charans' in three of the shrines, the digambaris, the rival sect, refused to worship and section 23 limitation act, was held to be applicable. it should, however, be observed that there was no interference with the sight of the digambaris to worship. the proposed gate way was ..... that is advanced in this case was repelled by their lordships of the judicial committee), the argument being that in view of the 'infancy of the plaintiffs the limitation act does not prevent their suing to enforce their individual right to go upon the property. the case cannot, therefore, be of any assistance to the plaintiff.19. i .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... jurisdiction by any lawful means such as treaty, agreement, usage or sufferance, such juriediction may be exercised in the manner set forth in that act. but that act does not confer auch extra-provincial juristiction on the dominion government nor has the dominion legislature ever assumed to itself the power to make lawa for ..... the world. accordingly, in 1902, an order in council under the act of 1890 made provision for the exercise of foreign jurisdiction by the governor-general of ..... of india, which contained recitals corresponding to those in the foreign jurisdiction act, 1890, passed by the governor-general in council, as representative of the british crown, rested on the same principles, and might with advantags be based on the same statutory foundations as the extra territorial powers of the british crown on other parts of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
..... decide any principle and cannot be relied on as a precedent. a decision is useless as a precedent unless it involves the determination of a principle. the foundation of a precedent is that the legal rule applicable to any particular case is fixed and settled from the beginning and the decision of a case is only ..... instead of hazarana. these provisions were later placed on the statute book by an amendment of section 60a, by section 3 of the central provinces land revenue act of 1898 (act xii of 1898). the question, therefore, is, having regard to these provisions, whether the conferment of protected status effected any change in the tenure of the ..... younger sons had received equal shares with the eldest, according to private distribution, and the rule of primogeniture which was later introduced into the central provinces land revenue act, was then unknown among the 'kulta' families. the claims of the co-sharers in the gountia's 'bhogra' were, therefore, definitely recognised as early as 1864 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All467
..... of the term which exist for the benefit of all the queen's subjects, and the source of these is ordinarily dedication.12. the above passage has been the foundation of a large number of cases decided in india, and so far as this court is concerned, it was adopted in a bench decision of this court in ram ..... residents. besides, the plaintiffs had also alleged that the water of the village flowed over the passage running through the village and had been stopped by the defendant's act, that being a matter causing inconvenience to the residents of the village alone, without in any way affecting the interest of the outsiders on that score. the courts below ..... cause injury, obstruction, danger or nuisance to persons who may have occasion to use any public right.8. while it is true that this section does not apply to acts or omissions calculated to offend the sentiments of a class or a person of particularly refined susceptibilities-les non favet vots delicatorum-it does, on its plain language, apply .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori225
..... the direction that it be continued to him, and his sons, and grandsons from generation to generation. it was held that the grant was primarily a grant to the religious foundation and not to the particular individuals for their own benefit. i am not unaware of the distinction existing between absolute dedications and dedications of a less complete character. the cases .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All493
..... rights and there is no other document which creates title, the khasra and the map are not merely 'historical materials' but are instruments of title or otherwise the direct foundation of rights.it would be interesting to note what the learned civil judge said in his judgment about this 12 years' khasra:in the year 1937 in the 12 years ..... biswas. their lordships of the judicial committee in court of wards v. ilahi bakhsh 11 a.l.j. 265 at p. 269 observed as follows:the punjab land revenue act 1887, act xvii of 1887, section 44, enacts that 'an entry made in the record of rights in accordance with the law, for the time being in force, shall be ..... statement would not be binding on the remaining defendants or, for the matter of that, on the other members of his community. now para. 2 of section 18, evidence act, provides that:statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that character .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori28
..... the rights and liabilities in relation to property endowed in religious institutions must either be gathered from the terms of the foundation of the endowment itself, if available, or by usage which is presumptive evidence of the terms of the foundation. this has been laid down in a series of privy council cases commencing from greedharee v. nando kishore, 11 m. i .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All93
..... by way of a special request to bet acceded to by the other party or not at his will, and not intended to be taken as the foundation of the contract. in such a case merely because there was no agreement with regard to such a proposal or request it cannot be said that the ..... the agreement was not the real agreement between the parties. sir john wallis, who delivered the judgment of the board, after citing sections 91 and 92, evidence act, observed as follows:'there being no proviso in either section making oral evidence to show that there was no agreement and therefore no contract, inadmissible, their lordships ..... have been laid at rest by the decision of their lordships of the judicial committee in tyagaraja mudaliyar v. vedathanni ) wherein, after quoting sections 91 and 92, evidence act, sir john wallis, who delivered the judgment of the board, said :'.......................,...'.,...................in their lordships' opinion, even if there were no proviso to either section, the result in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All692; 1950CriLJ199
..... not form part of the assets of the applicants and was not necessary to be s hown in the encumbered estntis act proceedings, this contention is absolutely without foundation. section 8, encumbered estates act clearly lays down that the landlord applicant shall file a written statement giving the nature and extent of the landlord's ..... the sub-divisional magistrate had no jurisdictional to tile a complaint, rule such a complaint was received, the (second) sub-divisional magistrate on receiving it could act under section 190 (o) and take cognizance of the case and the action of the (second) sub-divisional magistrate must be considered to have been taken under ..... officer issued notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on 17th december .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All710; 1950CriLJ29
..... bom. 121 : 43 cr.l.j., 621 p. b. held that in a charge of rape the uncorroborated testimony of the girl alone should not be accepted as a sufficient foundation for convicting the accused. the unripe age of the girl, the immaturity of her mind and its amenability to diverse influences are matters which make it highly impolitic that her .....
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