Court : Orissa
Decided on : Mar-31-1949
Reported in : AIR1951Ori306
..... the items so purchased and in that sense his leg preventatives. as regards contention (b), learned counsel for appellants has cited authorities to show that where the basis or foundation of a decree vanishes, the decree itself becomes inoperative and in executable and that this objection can be raised in execution under schedule . 47, 0. p. c ..... ceased to be executable by the operation of a statute. this position admits of no doubt. for example there are some provisions in the orissa, money lenders act (see sections 11 and 17) which say that some decrees shall be deemed to have been satisfied under certain circumstances. no executing court can execute a decree ..... case therefore it will be of mere academic interest to discuss the various conflicting decisions regarding the effect of sections 52 and 100 of the transfer of property act, when a property is purchased during the pendency of a litigation regarding the creation of a charge on the said property by a maintenance decree (see gangabai .....
Tag this Judgment!Court : Orissa
Decided on : Oct-18-1949
Reported in : AIR1950Ori99
..... out of it by persons who have observed the necessary formalities for that purpose.'16. it has been said on high authority that the object of the act (charitable trusts act, 1853) was to stop enormous abuses which had grown up in the administration of charities in reference to proceedings which used to be instituted to the ..... das and narasimham j. the question, that waa very seriously pressed before them, was that non-compliance with the requirements of 3. 64, orissa hindu religious endowments act (orissa act iv [4] of 1939) interposed an effectual bar to the institution of the suit. in the course of the arguments at the bar, a decision of the ..... him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of the .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... ultra vires if the charging sections are ultra vires in as much as the charging sections are the foundation for the working of the act. while no doubt it is necessary that for the working of an act of this nature through the machinery of a commissioner and his staff vested with large supervisory and ..... an appeal by the plaintiffs from the judgment of the district judge of cuttack dismissing their suit for a declaration that the orissa hindu religious endowments act, 1939 (orissa act, iv of 1939) was ultra vires of the orissa legislature and for other consequential reliefs. the appellant plaintiffs are all mahants of various maths ..... in thinking that the contribution is for services rendered. the legislature has the right to think that the endowments which are within the scope of the act require to be kept under effective administrative supervision to provide against mismanagement. such administration to provide against mismanagement would undoubtedly constitute a service to the institutions .....
Tag this Judgment!Court : Orissa
Decided on : May-13-1949
Reported in : AIR1950Ori6
..... 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 ..... 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 ..... 13. this decision countenances decrees for different amounts against different judgment-debtors liable under one mortgage according as one is entitled to the benefits under the relief act and the other is not. their lordships directed modification of the form of the decree resulting in splitting the decretal amount into two parts, one being the .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori132
..... he has put upon himself-see villers v. beaumont, (1682) 1 vern 100. the presumption is that a charity is charitable and not fraudulent. section 120, transfer of property act lays down that a gift cannot be revoked except under circumstances in which, if it were a contract, it might be rescined-such as fraud, undue influence, coercion, etc. it ..... to the control of the senate manage the funds, concerns, property and affairs of the university'and schedule sub (5) lays down 'subject to the provisions of this act and the statutes, the senate shall be the supreme governing body of the university, shall have power to review the actions of the syndicate and of the academic council and ..... does not arise. a trust may be constituted without communication to a trustee and a trust is not affected by the fact that the trustee is unable or unwilling to act. a trust does not fail for want of a trustee, and if a trustee refuses to accept before the trust takes effect, the person in possession becomes a .....
Tag this Judgment!Court : Orissa
Decided on : Dec-15-1949
Reported in : AIR1950Ori183
..... ., against the order numbered as 47. in dismissing the revision (civil revn. no. 28 of 1942) shearer j. observed that the learned subordinate judge in making the order complained against acted suo motu and that he was dealing with the matter simultaneously by two orders and that 'it is impossible to say that the order under revision was without jurisdiction.' mr ..... the materials of the plaint, it should operate as a plaint without the necessity of filing a new one .... ' their lordships then posed the question: 'is there anything in the act which requires that in such a state of things the petition of plaint shall be rejected altogether and the plaintiff be compelled to commence de nove. their lordships do not .....
Tag this Judgment!Court : Orissa
Decided on : Nov-14-1949
Reported in : AIR1950Ori107; 15(1949)CLT78
..... these suggestions require careful consideration. the alleged illegality of the arrest of the sub-inspector and of the detention order of the district magistrate which is the foundation for these suggestions may now be considered.9. the sub-inspector has filed an affidavit before this court in which he states that as sub-inspector of police ..... before us even on this limited footing. we are also conscious that the order of the district magistrate has been passed subsequent to the amendment of the act by orissa act vi [4] of 1949, but the order has not been attempted to be justified by invoking its provisions, obviously because the procedure specified therein under amended ..... instructed him to rectify the same. it is also pointed out that the district magistrate and indeed the government themselves, as the law stands under the amended act, are under no obligation to furnish the grounds and that therefore if they had at the time different grounds in their possession, they would even have stopped .....
Tag this Judgment!Court : Orissa
Decided on : Mar-11-1949
Reported in : AIR1950Ori42
..... the seller and the plaintiff disabled himself from pursuing any remedy against the seller. 13. the matter may also be considered from another angle. under section 39, contract act, when a party to a contract has refused to perform, or disabled 'himself from performing his promise in ita entirety, the promisee may put an end to ..... that the agents are guilty of a fraudulent misrepresentation in having given the plaintiff an assurance that the sale would be according to sample, but they were clearly acting beyond the scope of their authority in doing so. in such cases, the principal would not be liable for any loss that the plaintiff may have suffered. ..... was served on the agent of the seller. this notice expressly says; 'your clients, asagents of gwalior mills, bave further contracted to supply, etc.' section 229, contract act says that, 'any notice given to, or information obtained by, the agent, provided it be given or obtained in the course of business transacted by him for the principal .....
Tag this Judgment!Court : Orissa
Decided on : Sep-14-1949
Reported in : AIR1950Ori146
..... tripathy respectively complaining against the legality of the orders of detention passed against them by the government of orissa under section 2, orissa maintenance of public order act. 1943, in respect of the detention under the very same orders. the petitioner had previously filed two other petitions cr. misc. 52 and 63 of 1949 ..... being at large constitutes an imminent danger to public peace and maintenance of public order. it was therefore considered necessary that with a view to preventing you acting in the manner mentioned above which is prejudicial to the public safety and maintenance of public order, you should be detained.'12. it would appear therefore ..... form, onlydiscloses that the hon'ble minister in charge 'after due consideration of the reports and information placed before him was fully satisfied that the petitioner acted in a manner prejudicial to the public safety and maintenance of public order.'it was pointed out to the advocate-general that this could obviously refer only .....
Tag this Judgment!Court : Orissa
Decided on : Feb-22-1949
Reported in : AIR1951Ori342
..... apparently when the service aspect is emphasised, the expression 'village servant' is used & when the tenancy aspect is emphasises in the 0. p. t. act the expression 'village service tenant' is used. nothing material, however, turns on this distinction.8. i may now consider some other technical points that were urged l ..... in the wazib-ularz the expression 'village service tenant' does not appear but the expression used is only village servant.' in chap. v, c. p. t. act, however, the former expression alone occurs. in chap. vi of the hamid settlement report (pp. 27-28) no such distinction is maintained between the two expressions. ..... correct. but the lambardar is not an independent authority. his appointment & dismissal rests with the revenue officers & under the rules made under section 187 6i that act the lambardar himself may be removed from office by the d. c. for misconduct. oppression of village servants by arbitrary appointment & dismissal may, in some circumstances, .....
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