Court : Orissa
Decided on : Nov-03-1950
Reported in : AIR1951Ori153
..... not say 'shall be deemed to have been always substituted'. for instance, when this amending act of 1946 was further amended by act xxxii (32) of 1947, & was intended to give retrospective operation from the date of the prior act of 1946, the wording used is:'for sub-section (2), the following sub-section shall be substituted & shall be deemed always to have been substituted'.clearly the orissa legislature ..... that a raiyati interest was necessarily transferable. such transferability was conferred only by the other sections of the act such as sections 30 a & 31. the legislature found it necessary to insert those sections by the amending act of 1938 (orissa act viii (8) of 1938) because prior to the passing of that act a raiyati interest was not freely transferable notwithstanding the definition given in schedule (2 ..... the suit were to be disposed of on the footing that the tenant always had all the incidents of an occupancy raiyat. the anomaly of such a construction would be patent if a case is assumed, where, as in this very case, a transfer had been made prior to the coming into force of the ..... enough to give retrospective operation to the meaning of the word 'attest' (see 'netra v. sajer pramanik', air (14) 1927 cal 763: (55 cal 67) & the legislature consequently once again came up with a further amendment by act x (10) of 1927 whereby it said that the word 'attest' means & 'shall be deemed always to have meant' in the particular way. it is .....
Tag this Judgment!Court : Orissa
Decided on : Aug-23-1950
Reported in : AIR1951Ori141
..... of proceedings connected by an intrinsic unity......the date of presentation of second appeal to the high court is not the date which determines the applicability of the amended clause of the letters patent and as the matter now stands, the date of institution of the suit in each case is the determining factor.'this decision has been followed by the full ..... court should lie except with his leave. in that particular case, it so happened that the single judge's decision had been passed before the amendment took effect. in pursuance of the amended provision of the letters patent, an application was filed to the single judge concerned to give a leave to appeal. the learned single judge refused it. notwithstanding the refusal, an ..... below, the appellant has an unrestricted right of appeal to the supreme court. the question whether it involves any substantial question of law within the meaning of para 3 of section 110 of the code does not arise in this case. the only difficulty that presented to us in course of hearing was that according to article 133 of the constitution ..... court. the learned counsel for the opposite parties has behaved before us in an ideal manner and invited our attention to the most of the authorities on which we have acted. under the circumstances, we make no order for costs of this proceeding. each party should bear its own costs.6. the prayer for stay of execution is rejected. the opposite .....
Tag this Judgment!Court : Orissa
Decided on : Jan-18-1950
Reported in : AIR1950Ori125
..... the right under the decree and the other has no reference to the earned rights and can be waived or avoided by various disabilities and excuses.32. under article 182 (4), limitation act, an amendment, however unsubstantial, gives rise to a fresh terminus a quo to the time limit, magan lal v. sitaram, 16 pat. 290; ( ..... of a decree is added to the period of limitation allowed for an appeal on the theory that it comes within the purview of section 12, limitation act being a period occupied for the purpose of obtaining copits. this reasoning could apply to a case where an application for copy of a ..... december 1908. the legislature took special care to refer to the date on which a decree was made in the proviso to section 23, registration act whereas in the limitation act they merely-used the expression 'date of decree' though that expression had been given a special meaning by several previous judicial decision ..... . 563) it was observed':'the aide-note although it forms no part of the section is of iome assistance inasmuch as it shows the. drift of the section.'this principle has been followed in india in several decisions. for instance, in emperor v. esmail, 67 bom. 537: (a. i. r. (20) 1938 bom. 417; 31 ..... or. l. j. 1239 f,b.) the marginal note to section 361, penal code was used in construing 3. 363, penal code. similarly, in secy. of state v. bombay .....
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