Court : Orissa
Decided on : Mar-26-1953
Reported in : AIR1953Ori249
..... nature of our constitution it is necessary, for the administration of justice and protection of individuals, that these courts should be able to punish summarily for acts of contempt; because, in the words of blackstone, this power is an 'inseparable attendant upon every superior tribunal'.12. the history of the superior courts ..... is based upon the right to freedom of speech and expression guaranteed by article 19. clauses 1 (a) and (2) of article 19 as amended by the constitution (first amendment) act, 1951, read as follows:19 (1) 'all citizens shall have the right: (a) tofreedom of speech and expression; ...... .... .. ...... .... .. .. (2) nothing in sub- ..... immediately on receipt of the sanction of the home minister they will arrest these bribe-givers and will keep them in preventive detention till the preventive detention act receives the assent of the president'. 8. the petitioner complains that these articles were intentionally published with a view to dissuade him from pursuing his .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-1953
Reported in : AIR1954Ori44; 20(1954)CLT162
..... was entitled to his commission and he could validly direct its payment to anyone else. such a direction would not amount to fraud on section 40 (2), insurance act. doubtless if the defendant's case about the circumstances under which ex. c. was written had been accepted it may amount to fraud on section 40 (2) ..... insurance business is defined, in section 2(11) of that act as 'the business of effecting contracts of insurance, for the granting of annuities upon human life'. the maximum amount of commission payable to an insurance agent is limited to ..... swaraj party he was on good terms with pandit godavaris misra and on several occasions he used to stay with him whenever he came to cuttack.5. the insurance act, 1938 provides for the licensing of insurance agents (s. 42) who alone are entitled to commission from, the insurance company for soliciting or procuring business. life .....
Tag this Judgment!Court : Orissa
Decided on : Oct-07-1953
Reported in : AIR1954Ori101; 19(1953)CLT491
..... has authorised such a thing to be done at all events, and irrespective of its possible interference with existing rights.the orissa merged states' (laws) act, 1950 (act 4 of 1950) expressly makes provision in respect of the private lands of the ruler and creates a machinery for the decision of disputes between him ..... the gadi of the state and to the raja's personal rights, privileges, dignities and titles.4. on 24-12-1947 the extra-provincial jurisdiction act, 1947 (act 47 of 1947) was passed by the central legislature empowering the central government to exercise extra-provincial jurisdiction over the state areas which remained outside the jurisdiction ..... of the provinces created by the government of india act, 1935. sub-section (2) of section 3 empowered the central government to delegate its jurisdiction to any officer or authority in such manner and to .....
Tag this Judgment!Court : Orissa
Decided on : Dec-08-1953
Reported in : AIR1954Ori132; 20(1954)CLT373
..... that the two widows of natha behera were recorded as darpattadars in the last settlement would not necessarily attract the provisions of section 117(3), orissa tenancy act, and cast on the defendants the burden of proving that the entry was incorrect. but the settlement authorities were directly concerned with the question as to ..... in the last settlement is sufficient to showthat they are not chandnadars and consequentlythey are not tenants of any of the classes described in section 4, orissa tenancy act.9. it was, however, urged that the settlement authorities were not concerned with the relationship between a pattadar and his under-tenant (described as a darpattadar) ..... last settlement generally show the rents to be liable to alteration only at a new settlement. such tenants come under the definition of chandna in the tenancy act.'it was generally found that tenants who had taken leases since last settlement had been given permanent right. those who specially claimed this and proved it were .....
Tag this Judgment!Court : Orissa
Decided on : Sep-10-1953
Reported in : AIR1954Ori67
..... represent the scheduled castes in the berhampur constituency. opposite party no. 1, mohan nayak filed an election petition under section 81, representation of the people act (act 43 of 1951) challenging the validity of the election of the petitioner, along with some others his contention being that the election of returned candidates was ..... presented by mr. mohapatra, learned counsel for the petitioner, two points have been pressed upon us. firstly, that the tribunal admitted inadmissible evidence & therefore, acted in excess of its jurisdiction, secondly that apart from jurisdiction the reasoning adopted by the tribunal is not such as to justify the conclusion drawn by them and ..... relevancy but the tribunal had certainly jurisdiction to decide the matter one way or the other. there is no appeal provided under the representationof the people act, and the functions of an appellate court cannot be extended to proceedings where the propriety of the issue of a writ is under consideration.9. .....
Tag this Judgment!Court : Orissa
Decided on : Oct-06-1953
Reported in : AIR1954Ori97; 19(1953)CLT530
..... were undertaken 'suo motu' by government.secondly, he contends that the said survey was not conducted in accordance with the provisions of the madras survey and boundaries act, 1923 (act 8 of 1923) and, as such, it was not a survey authorised by law.thirdly, he contends that the apportionment of the expenses between the petitioner ..... 044/- and odd and was served on the petitioner on 16-3-1951.the distraint order purports to have been issued under section 8, madras revenue recovery act 1864 (act 2 of 1864) against the proprietor who became a defaulter on failure to pay up the amount. a number of cars belonging to the petitioner, one ..... printedat page 425 of the madras survey manual, volumeiii, empowers the officer in charge of the surveyparty to issue a notification under section 6, madrassurvey and boundaries act, 1923 notifying thatthe survey operations of lands in a particularvillage will commence in a particular month, andcalling upon persons claiming to be interested insuch lands to point .....
Tag this Judgment!Court : Orissa
Decided on : Jul-14-1953
Reported in : AIR1953Ori329
..... as a public servant, even when he was under suspension.12. chapter viii of the fundamental rules, made under section 96(b). government of india act, deals with dismissal, removal and suspensions, f.r. 53 provides that a government servant under suspension is entitled to payment of a subsistence grant at ..... suspension. rule 34 says that the sub-registrars shall not 'ordinarily be suspended in anticipation of the sanction of gov- eminent required under section 13, registration act. it would, therefore, appear that in extraordinary cases in the interests of administration the district registrar has the power to suspend a sub-registrar in anticipation of ..... to maintain the proper working of the office.7. i shall take up the second contention raised on behalf of the petitioner first. section 6. registration act, vests the power of appointment of registrars and sub-registrars on tne provincial government. it says :'the provincial government may appoint such persons, whether public officers .....
Tag this Judgment!Court : Orissa
Decided on : Oct-26-1953
Reported in : AIR1954Ori117
..... married or not, is a justifying reason for not compelling the first wife to live with her husband.the hindu women's right to separate residence and maintenance act 1946, merely gave statutory recognition to the dicta of judges who had on several occasions applied this principle to the facts of individual cases. this clause, therefore, ..... no marital relations with his first wife for period of more than 7 or 8 years. there were allegations similar to those in the present case of acts of violence and cruel treatment. the court held that these circumstances were sufficient to make out cruelty disentitling the husband to a decree for restitution of conjugal ..... separate maintenance and residence. desertion without reasonable cause is a ground for judicial separation. this is recognised in the statutory law of india in s. 22, divorce act. if the wife refuses to live with her husband without sufficient reason she is not entitled to separate maintenance, but neglect on the part of the husband is .....
Tag this Judgment!Court : Orissa
Decided on : Mar-11-1953
Reported in : AIR1953Ori79
..... they are carrying on the business qua partners and not in any other capacity. this seems to be the main reason why under section 13 (a) of the partnership act a partner is not entitled to receive remuneration for taking part in the 'conduct of the business' unless there is a contract between the parties to the contrary. the ..... such payments are deductible under section 10 (2) clause (x). similarly, interest payable on capital borrowed by a company is deductible under section 10 (2) (iii). but the act makes a distinction between a company and a partnership and expressly provides that any sum paid as interest, salary, or remuneration to the partner of a firm is not entitled ..... there was no distinction between payments made to a partner as a partner, and those made to him in a different character. 4. section 10 of the income-tax act deals with profits and gains of a business, profession or vocation and the tax payable thereon. sub-section (2), section 10 enumerates what allowances may be made in .....
Tag this Judgment!Court : Orissa
Decided on : Jul-13-1953
Reported in : AIR1954Ori23; 19(1953)CLT402
..... the plaintiff by way of equitable relief. the suit was not brought for the purpose of annulling the revenue sale under section 33, bengal land revenue sales act (act 11 of 1859) and there was not even an allegation that there was any fraud in publishing and conducting the sale or else that the processes were fraudulently ..... defendant 2 resold the disputed property to defendant 1 on 13-10-42 and letter written subsequently by defendant 2 would not be admissible under section 10, evidence act.16. the next question for consideration is whether the plaintiff is entitled to a reconveyance of the disputed property from defendant 1 on equitable considerations. i am ..... there was ample opportunity for the plaintiff to safeguard her interest in the property by depositing the arrear revenue as permitted by section 9, bengal land revenue sales act, 1859. instead of being vigilant to look after her own interests it appears that after her failure in the mutation case she became completely indifferent to the .....
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