Court : Orissa
Decided on : Jan-30-1953
Reported in : AIR1953Ori185
..... in, and what were excluded from the scope of the permanent settlement of the estates. clearly enough, private lands are not within the excluded categories. the only foundation for this very unsubstantial argument is the stray statement of one of the learned judges in -- 'nagayasami v. yiramasami', 7 mad hcr 53 at page 80 ( ..... there has been some change between introduction of the bill and the passage of the act, as regards the provisions relating to private lands, is of any material consequence in this case. on the whole, therefore, there is no legal foundation for the grievance felt by the applicants on account of the differential treatment given to ..... the private lands under their khas possession and private lands under the cultivation of temporary tenants.31. i must add that in the above discussion as regards private lands, i have confined myself to reference to the madras estates land act .....
Tag this Judgment!Court : Orissa
Decided on : Sep-08-1953
Reported in : AIR1954Ori87
..... name in the electoral roll or to withdraw the new roll prepared under its direction.19. but opposite party no. 1 rests his case on an even more solid foundation and relies on article 329(b) which bars the jurisdiction to issue a writ even under article 226. that article already quoted, says that no election to the ..... part, were not bound to adopt the remedies prescribed under the rules. this contention appears to me to be ill-founded.13. section 23, representation of the people act (act 43 of 1950) says that the electoral roll for each constituency shall be prepared every year in the prescribed manner by reference to the qualifying date. the rules prescribe ..... article 329(b) specifically bars interference with an election except by an election petition in such manner as is provided by law.8. the representation of the people act 1950 (act 43 of 1950) was passed by parliament, in, order to provide for the allocation of seats in and the delimitation of constituencies for the purpose of elections .....
Tag this Judgment!Court : Orissa
Decided on : Apr-08-1953
Reported in : AIR1953Ori274
..... are three civil revision petitions filed under section 15) civil p. c., seeking to revise the orders passed in three cases by the collector acting under the orissa tenants protection act (orissa act 3 of 1948). c. r. 301/1949 was presented on 12-10-49 against an order of the additional district magistrate, cuttack, confirming ..... be dismissed without costs on the preliminary ground that no revision lies against the appellate order of the collector passed under section 11, orissa tenants protection act and article 227 of the constitution has also no application because the order of the collector became final prior to the commencement of the constitution. the ..... the constitution. prior to that date this court had no powers to interfere with judicial orders passed by inferior tribunals inasmuch as section 224, government of india act of 1935 (corresponding to article 227) was, by express terms, limited to administrative superintendence only. as pointed out by my lord, the question is concluded .....
Tag this Judgment!Court : Orissa
Decided on : Jan-12-1953
Reported in : AIR1953Ori171
..... interval between the date when the government's intention to initiate legislation on the subject was known and the date of the passing of the impugned act, thereby resulting in widespread unemployment amongst agricultural tenants with disastrous consequences to agricultural production and the maintenance of order in the state. this was ..... 'a priori' delegates the power to remove difficulties to ministers, who have proposed the legislation in question and in whom it has confidence.'the impugned act made drastic changes in the existing tenancy laws mainly in 'favour of the bhag-chasis and the legislature could not obviously foresee and make adequate provision ..... the proprietors were owners of large areas of land, succession to which was governed by the rule of primogeniture as regulated in the madras impartible estates act. in north orissa, however, there were both permanently settled and temporary settled estates and also partible and impartible estates. some of the partible estates, .....
Tag this Judgment!Court : Orissa
Decided on : Sep-21-1953
Reported in : AIR1954Ori145; 20(1954)CLT308
..... trying magistrate did infact record any order of acquittal, either impliedor express, in holding that he was unable to punishthe accused under section 24, cattle trespass act. ishall assume, for the moment, that there is anto implied order of acquittal and then examine thesoundness of the contention which seems to bebased upon certain decisions ..... power to enhance the sentence isexpressly conferred upon the high court.it would appear, therefore, that the high court, while dealing with an appeal against conviction, may act under section 439(1) and give notice to the accused to show cause why the sentence should not be enhanced. section 290 of the old criminal procedure code, 1872, ..... forcibly rescued them.the trying magistrate was of opinion that these two facts were not sufficient to constitute the ingredients of an offence under section 24, cattle trespass act. he however convicted the petitioners under section 426, i.p.c. and sentenced them to pay a fine of rs. 50/- each. against this order .....
Tag this Judgment!Court : Orissa
Decided on : Apr-15-1953
Reported in : AIR1953Ori290
..... , nyaya or king's law based on equity or reason, the latter shall be held to be authoritative. if neither reason nor equity warrants the continuance of a distinction, the foundations of which have been removed, it is the duty of courts to adopt new principles from life at one end, while retaining old ones from history at the other. when .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1953
Reported in : AIR1954Ori11
..... other person is to be appointed by the court to represent the idol. where there is no shebait, it is open to any person interested in the religious foundation to bring a suit as the next friend of the idol with the permission of the court.' this again was a case of private endowment.9. on a ..... improperlyalienated by a sebait, and other members of thepublic have got the remedy under the provisionsof section 92, civil p. c. or under section 54, orissahindu religious endowments act for removal ofthe trustee guilty of mal-administration and forthe appointment of a new trustee who alone canrepresent the deity; and in the case of a privateendowment, we would ..... case of private endowments the remedy provided under section 92, civil p.c., or as a matter of that, under section 54 of the orissa hindu religious endowments act, for the removal of the trustees on account of maladministration of the endowment properties, is not available. but in the case of a public endowment, the persons interested .....
Tag this Judgment!Court : Orissa
Decided on : Jan-28-1953
Reported in : AIR1953Ori315
..... additions to the house. (his lordship considered the relevant entries relating to the expenses in this matter and proceeded :) analysing these entries of 1906 upto the date of the foundation stone, it is clear that he was getting bricks from gopalpur and using the labour of the tenants who were carrying bricks for him. he also received rs. 500/- ..... the presence of the sub-registrar. now i am free from a great burden of anxiety'. these entries were admitted in evidence under section 32(3) of the evidence act on the ground that they are against the pecuniary interest of the rai bahadur when they were made by him and are receivable in evidence in favour of his rcpresentative ..... how she treated the matter in her written statement. incidentally it may be observed that the case went up before the board irom burma where the transfer of propeny act was not in force at that time. in the second case relied on by learned counsel all that their lordships observed was that the proper course will be to .....
Tag this Judgment!Court : Orissa
Decided on : Feb-09-1953
Reported in : AIR1954Ori1
..... endorsement 'to trying 'magistrate for needful'. on that very day, that is, on 28-4-1952, the criminal case against nathmal jajodia and sitaram jajodia under section 7 of act 24 of 1946 was transferred to the file of sri c. v. murti, magistrate first class, for favour of disposal according to law. after several dates, the trying magistrate ..... cognisance had not till then been taken of the case & this letter is very likely to influence the sub-divisional magistrate in taking cognisance of the case, which act is a judicial act, and, as appears from the provisions of section 204, criminal p. c., is discretionary with the sub-divisional magistrate.mr. rao contends, in any view of ..... the home department of the government also had issued letter dated 24-8-50 with similar directions. but in spite of our repeated warnings and directions, if such an act comes to our notice which has a definite tendency of interfering with the fair trial, we are definitely of the view that if we do not take any serious .....
Tag this Judgment!Court : Orissa
Decided on : Sep-17-1953
Reported in : AIR1954Ori57; 19(1953)CLT452
..... of legal affairs v. murali manohar prasad', air 1941 pat 185 (h). he confirmed the view oi' law as appearing in the cases already cited by me in observing:'any act done or writing published, which is calculated to interfere with the due course of justice, is a contempt of court, and writings prejudicing the public for or against a party ..... the chief minister oi' orissa and while he was a member of the central cabinet of the charges uf several corrupt practices, bribery, dishonesty and some anti-social and unpatriotic acts on account of which shri mahatab had filed a suit for defamation in original suit no. 189 of 1952 in the court of the subordinate judge of cuttak on 3 .....
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