Court : Orissa
Decided on : Sep-23-1954
Reported in : AIR1955Ori36; 1955CriLJ547
..... high courts are the courts of record, and it is essential for the administration of justice and protection of individuals that the courts should be able to punish summarily acts of contempt, because in the words of blackstone 'this power is an inseparable attendant upon every superior tribunal.' 8. mr. mohanty very strongly relies on --'bridges v ..... on the exercise of the freedom of speech, and therefore, the previous law continues in force even after the amendment of article 19 by the constitution first amendment act. with due respect we entirely agree with the conclusions of their lordships. 13. the sheet-anchor of mr. mohanty is the decision in -- 'dwarka prasad v ..... court' is a phrase which has been used for centuries and judicially interpreted both in england and in this country. the legislature while passing the contempt of courts act, 1952, and the framers of the constitution while using that phrase in the constitution, certainly used it in the sense in which it was understood at that .....
Tag this Judgment!Court : Orissa
Decided on : Nov-03-1954
Reported in : AIR1955Ori129
..... at what stage will the criminal proceedings instituted falsely and maliciously before a magistrate under the provisions of the indian code of criminal procedure, lay the foundation of a suit for damages for malicious prosecution. their lordships of the judicial committee discussed and reviewed all the decisior of the indian high courts ..... (g), the judicial committee of the privy council categorically laid down that 'it is not a principle of universal application that if the police or magistrate act on information given by a private individual without a formal complaint or application for process the crown and not the individual becomes the prosecutor' and they distinguished ..... the police and that if the police, after investigation, appear to have thought fit to prosecute the plaintiff, he could not be responsible for their act and no action lies against him for malicious prosecution.this decision directly supports the contention of mr. das. but subsequent decisions of various high courts and .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1954
Reported in : AIR1955Ori49; 21(1955)CLT1
..... srivilliputhur municipal council', air 1934 mad 480 (i). as has been observed in -- 'din mohammed v. d.r. sethi', air 1937 lah 781 (j) the very foundation of the contract having been taken away and the contract having become impossible of performance, the defendant was bound to refund to the plaintiff the value of the goods received ..... permission and that the collector by his conduct led them to believe that permission would be given in due course. similarly, in the other cases under the excise acts or opium. act or bombay salt act cited before us: -- 'thithi pakurudasu v. bheemudu', 26 mad 430 (q), -- 'debi prasad v. rup ram', 10 all 577 (r), -- 'raghunath ..... other hand, there are other statutes which prohibit transactions in the interest, not only of revenue but of public health or morality, such as the excise acts and salt acts. it cannot be seriously disputed that the food-grains control order is one falling under the second category, and any contract in violation of the provisions of .....
Tag this Judgment!Court : Orissa
Decided on : Feb-15-1954
Reported in : AIR1954Ori167; 20(1954)CLT446
..... opposite party raised a preliminary objection challenging the jurisdiction of this court to commit the members of the opposite party for contempt. his contention was that the alleged acts of contempt were committed in june, 1951 at village pundi which is situated in madras state and is therefore outside the territorial jurisdiction of this court. it ..... of the case law prior to 1952 fully supports mr. rao's argument that high courts in india had jurisdiction to commit a person for contempt even though the acts amounting to contempt were committed by him, outside their territorial jurisdiction. in --'kilachand devchand & co. v. adjodhyaprasad sukhanand', air 1934 bom 452 (a) it was ..... pp. 2 and 24 of the halsbury, 2nd edition, volume 7 and it has been also quoted in -- 'air 1934 bom 452 (a)'. words or acts which obstruct or tend to obstruct administration of justice would always amount to criminal contempt inasmuch as they offend the majesty of law. whereas contempt of procedure consisting of .....
Tag this Judgment!Court : Orissa
Decided on : Sep-24-1954
Reported in : AIR1955Ori135
..... judges rejected that application holding that the daughter cannot succeed in main-laming the application and observed:'section 3(2) of the act does not operate as severance of interest of the deceased coparcener, the right which a widow gets under that section not as heir of her deceased husband: ..... suit by a hindu mitakshara deceased coparcener against her husband's brothers tor partition of her husband's share in the family properties under the provisions of the act. she died and as application was preferred on behalf of her minor daughter for bringing her on record as legal representative and continuing the suit.the learned ..... 's contention to some extent. in that case, their lordships in dealing with the question whether the widow succeeds to the properties of her husband under the act by survivorship or succession in order to decide the question whether a succession certificate is necessary to realise a decree standing in the name of her husband, held .....
Tag this Judgment!Court : Orissa
Decided on : Jan-20-1954
Reported in : AIR1954Ori149
..... joint attempt to see that the newspapers do not die out.hence we propose that the people of the country should constitute immediately a committee in order to resist such acts. signature:sri binod kanungo, the editor ofkrushak.sri nityananda singh, the editor ofjanamata.sri nityananda mohapatra, theeditor of dogor.sri k. n. acharya, the editor oforissa ..... has sought the permission of the home minister to arrest these persons. those who offered bribe will be arrested at first. they will be detained till the preventive detention act receives the assent of the president.in the meantime, it is understood that dr. meghnad sana and sri a. k. gopalan, the leader of the communist group ..... 00,000.although no distinct progress of work was made by the company tender was opened on 25-12-1951.'(3) ' 'krushak'. dated the 29th august 1953.the acts of the government of orissa in the plea of development of industry. don't throw dust in the eyes of the people confusing statements. sarangadhar das, memeber of .....
Tag this Judgment!Court : Orissa
Decided on : Feb-26-1954
Reported in : AIR1954Ori241; 20(1954)CLT505
..... case our judgment is for the defendants. generally speaking, contracts bind, the executor of administrator, though not named. where, however, 'personal considerations are of the foundation of the contract, as in cases of principal and agent and master and servant, the death of either party puts an end to the relation; and, in respect ..... service have been referred to in the commentaries under these two sections in pollock and mulla on indian contract act and there seems therefore no doubt that the principle laid down in those decisions as regards the implied condition in cases of contracts of personal service would ..... parties that the promise should be performed by the promisor himself his representative will not be competent to perform the same. thus in the indian contract act also it is stated expressly that the question is one of ascertaining the true intention of the parties. the english decisions dealing with contracts of personal .....
Tag this Judgment!Court : Orissa
Decided on : Aug-11-1954
Reported in : AIR1955Ori24; 20(1954)CLT654
..... and there is absolutely unimpeachable evidence that they were sharing the profits of the business; further it appears from the admitted correspondence that one of the plaintiffs was acting on behalf of both in the business and was representing himself as a partner -- these circumstances lead us to infer that there must be an implied agreement ..... way in common.' indeed these observations have got to be considered along with the express language of our legislation, that is, explanation 1 to section 6, partnership act. in our view, even though the sharing of the profits is certainly not itself sufficient for the purpose of proving an agreement of partnership it may in ..... a new partnership of the business left by their father and continued by them. it was further observed in explaining explanation 1 to section 6 of the act that participation in profits was not conclusive and could not of itself constitute a partnership. the question of partnership is indeed a question of intention which must .....
Tag this Judgment!Court : Orissa
Decided on : Sep-06-1954
Reported in : AIR1955Ori151
..... 8. some arguments were advanced about the precise meaning to be given to the expressions 'course of study -- 'curricula', syllabus' etc., occurring in the act and the statutes. for the purpose of deciding this application it is unnecessary to enter into an elaborate discussion about the precise significance of these expressions. a ..... it amended regulation 4 of chapter 8 of the regulations by substituting 'international law relating to peace' for 'international law'? (ii) did the syndicate act in excess of its statutory power in including chapter 7 of schwarzenberger's manual of international law in the text book prescribed for that examination13. a regulation ..... ordinary legislature but consisted of men of great learning with high academic distinctions fully conversant with the subjects with which they were dealing. moreover, they were acting on the recommendation of the board of studies which itself was composed of a body of legal experts.hence, when the academic council used such expressions .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-1954
Reported in : AIR1955Ori169; 21(1955)CLT124; 1955CriLJ1514
..... court were necessary, then these offences would be continually practised with impunity: for it would fie an easy matter to put other people not really privy to the acts of the court (in committing the guardianship of the infant) to transact and bring about the marriage.'these observations would apply with full force in the present case ..... with the course of justice. it may be that the publisher of the article had no intention to interfere with the course of justice.he might also have acted in good faith. but these considerations are immaterial and the only test is whether the publication is calculated or likely to interfere with the course of justice. the ..... to their side.hence, though the facts alleged against gopinath dora and krishna murti dora in the petition of complaint of uchhab patra are not identical with the acts attributed to them in the impugned article it seems clear that the article has a tendency to prejudice the public against gopinath dora and krushnamurti dora.the date on .....
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