Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Court: orissa Page 2 of about 45 results (0.129 seconds)

Krishna Chandra Misra Vs. Sushila Mitra

Court : Orissa

Reported in : AIR1951Ori105; 16(1950)CLT249

..... time when the second e. c. no. 247 of 1947 was pending. the question for decision, therefore, is whether the notification dated 3-5-1947 or the validating act of 12-7.1947 would affect pending proceedings or render the institution of the execution case invalid retrospectively.24. it is a well-recognised rule of construction that statutes should ..... 46,that is on 10-5-1947, the decree-holder filed a second e. c. no. 247 of 1947. on 16-7-1947, that is four days after the validation act was passed, the judgment-debtor filed a miscellaneous case under section 47, civil p. c. objecting to the maintainability of the execution petition on the ground that s.13, ..... e c. no. 247 of 1947 filed by the landlord decree-holder is not affected by the house rent control act having been applied to cuttack town retrospectively, by the validating act passed in july 1947. section 13 of the act says that no suit or proceeding shall be entertained unless the landlord has been permitted by the controller by an order .....

Basudev Moharan Vs. Ogadhu Ponda

Court : Orissa

Reported in : AIR1950Ori99

..... j. held :'in my opinion, that leave is not required for the present application. the plaintiff seeks to remain in the position of schoolmaster, to which he was validly appointed, and which he still holds unless that position has been effectually determined by what has taken place.'15. he said:'the observation of lord justice bowen (in the ..... substantive rights of an important nature which admittedly existed at that time.'19. this case arose out of a suit for declaration that the property belonged to a wakf. it was objected that the sanction of the advocate-general had not been obtained. it was held that the relief prayed for was not within the section 92 ..... by 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 patna .....

Smt. Tulasi Sahukar. Vs. New India Assurance Company Limited and ors.

Court : Orissa

..... insurance to cover the bus without receiving the premium therefore. by reason of the provisions of sections 147 (5) and 149 (1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its ..... the appellant in the claim proceeding as the owner. no objection was raised before the learned tribunal against impletion of the appellant. scheme of the motor vehicles act also does not provide any scope to the insurance company to object to appellant's impletion on the ground of bar of limitation. decision in cuttack municipality ..... deceased-husband covered the period of accident and the insurance policy was never cancelled by the insurance company. therefore, third party benefits contemplated under the m.v.act cannot be defeated due to delay, if any, in transfer of the ownership of the offending vehicle in the name of the appellant as the liability .....

Madhu Sudan Panda and After Him Mukta Devi and ors. Vs. the Commission ...

Court : Orissa

Reported in : 2004(I)OLR72

..... prohibits alienation of immovable trust property without the sanction of the commissioner of endowments as being necessary or beneficial to the institution and no such transfer shall be valid or operative unless it is so sanctioned. admittedly no permission/sanction had been obtained from the commissioner before execution of the sale deed ext. 5 and that ..... claimed that the suit property was the personal property of his guru maitheli priya das goswami as well as of the previous mahants. he further averred that for valid and legal necessities, the suit property was transferred in favour of the plaintiff.5. the trial court on the pleadings of the parties framed as many as five ..... administers such estate and includes.(i) in the case of a math, the head of the math;(ii) in the case of a wakf, a mutawalli of such wakf;(iii) in the case of a society registered under the societies registration act, 1860, its governing body; and(iv) in the case of any other trust the person legally competent to .....

Sakhi Sahu and ors. Vs. Rambha Bewa and ors.

Court : Orissa

Reported in : 1997(I)OLR168

..... would not abate as the prayers are different. he has also canvassed that as the decree has been passed. rejecting the petition for abatement, it is a valid decree and the question of abatement at this juncture cannot be raised. he has placed reliance on the decisions rendered in cases of duruju malik (supra), and ..... and; therefore, the suit could not have been entertained by the civil court. to substantiate this submission of his, he has referred to section 51 of the act. he has also contended that recently the plaintiffs have filed a revision before the consolidation authorities challenging the order passed by the deputy director dropping the proceeding and ..... filed by the appellants and the copy of the judgment passed by the consolidation officer in remand appeal case no.3/88. the appellate authority under the act had taken into consideration the decision of this court in relation to the home-stead iand and has observed that the consolidation authorities had no jurisdiction to decide .....

Radha Govinda Swamy and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 57(1984)CLT188; 1984(I)OLR168

..... latter is a fundamental right which no legislature can take away, whereas the former can be regulated by laws which the legislature can validly impose............'and it was observed in khajamian wakf's case (air 1971 sc 161):'..........article 26 does not interfere with the right of the state to acquire property.'in acharya maharaja ..... 1981 sc 271) that despite the protection of the 9th schedule, the previsions of the orissa estates abolition act which were incorporated into the orissa estates abolition act on or after 24.4.1973 would be valid to the extent that they do not damage or destroy the basic structure of the constitution. the provisions incorporated ..... incorporation of a provision akin to article 290a of the constitution of india guaranteeing payment of annuity and for other reliefs.2. the orissa estates abolition act, 1951 (orissa act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land .....

The Province of Orissa and anr. Vs. Durjodhan Das Gaontia and ors.

Court : Orissa

Reported in : AIR1951Ori342

..... party. secondly, it was urged that a declaratory suit of this type is barred by section 42, specific relief act, , inasmuch as the pltfs. have not prayed for any consequential relief. strictly speaking, no consequential relief can be validly prayed for in the civil ct.. the main relief which the pltfs. seek is the ejectment of deft. 1 ..... from his service holding & putting it in the possession of his of his successor appointed by them. this power is however exclusively vested in the revenue officers by section 58, c. p. t. act & section 95 of that act ..... effect to she orders of dismissal passed by the village officials. when approached for ejectment, they have the right & the duty to examine the factum & the legal validity of the dismissal. it is neither feasible nor possible for this ct. to lay down the exact scope of the authority of the revenue officials in such circumstances excepting .....

Keshab Chandra Choudhary Vs. Lokenath Jena and ors.

Court : Orissa

Reported in : AIR1951Ori186

..... 13 and unless those conditions were substantially complied with the transfer was invalid and ineffectual. this decision necessitated the passing of an amending act known as the bengal tenancy validation act, 1903 (bengal act i [1] of 1903) which expressly stated that as soon as transfers of permanent tenures are registered and sales of such ..... not necessary for me to say how far that decision is correct. but as already pointed out that decision itself is based on the bengal tenancy validation act, 1903 which confers complete title to the transferee of a permanent tenure irrespective of the service of processes on the landlord. therefore that decision may not ..... have knowledge of the transfer, the decision in that ease might have been otherwise. though all these cases relate to transfers of permanent tenures and though the bengal tenancy validation act, 1903 had removed all doubts about the passing of title on transfer, neither the privy council in jitendra nath v. manmohan, a. i. r. (17) .....

Chandrasekhar Praharaj and ors. Vs. Pitambari Dibya

Court : Orissa

Reported in : AIR1953Ori315

..... praharaj constituted his self-acquisitions or were the joint family properties belonging to the plaintiffs and praharaj; and 2. whether the sale deeds in favour of the defendant are valid and binding upon theplaintiffs. the contention is that these deeds are not supported by consideration and that there was no intention to transfer title expect on receipt of consideration ..... 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 ..... 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 .....

Pagla Baba and anr. Vs. the State

Court : Orissa

Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769

..... are with reference to a trial which has already commenced or taken place. they would, therefore, normally relate to errors or omissions which occur in a trial that has validly commenced .....sections 34, 114 and 149 of the i. p. c. provide for criminal liability viewed from different angles as regards actual participants, accessories and men actuated ..... effect the arrest and seizure of arms by ordering the march of the police party was not done in good faith; 10. that they were, in so acting, not acting in due discharge of their duties; 11. that the appellants had the right of private defence of property and person in injuring the member of the police party ..... baibajis with lathis and from this conduct together with the array of arms, the babajis did reasonably anticipate that death or grievous hurt might follow unless they acted in self-defence; and that the prosecution was guilty of suppression of material evidence both documentary and oral and the evidence for the prosecution was full of .....