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 : Jan-20-1953
Reported in : AIR1953Ori255; 19(1953)CLT139
..... in more emphatical and clear language. there the police report was dated 1-11-40. the proceedings were started on 12-8-41. their lordships found that the foundation of the proceedings under section 145, criminal p. c., is the existence of a danger to the public peace and the need of urgency in dealing with it ..... the old report of april 1892, and this on the face of the proceedings is its only basis. we think that the magistrate was not right, in october, in acting only upon a report dated the previous april ...... ...... .. itis not always easy to say what interval should elapse between an information and proceeding ......the likelihood which may then ..... 1921 pat 445 (0). his lordship observes'in order that proceedings should be legal under section 145, criminal p. c., the information upon which a magistrate purports to act must be information, which is of a character which properly satisfies him that at the date when he draws up those proceedings there was an actual likelihood of a breach .....
Tag this Judgment!Court : Orissa
Decided on : Jan-21-1953
Reported in : AIR1954Ori49
..... a labourer who happened to be an active member of the labour union, the reason for the attack being that he did not get the post he wanted. unless such acts are put down no colliery can work, particularly as such attacks may too often be made in the pits when absolutely no evidence will be available. we therefore think that .....
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 : 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 : 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 : 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 : 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 : 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 : 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 .....
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