Court : Orissa
Reported in : AIR1950Ori198
..... preliminary enquiries, would sign and issue a certificate. but for these amendments in 8. 212, and but for sub-section (3), public demands recovery act, any execution sale held in enforcement of the certificate for rent should convey merely the right, title and interest of the certificate debtor at the time even though the properties ..... realisation of rents of holdings and tenures of which the government was the landlord, effected by the amendment, was made good by addition of sub-section (3) to section 26, public demands recovery act.13. i shall now advert to certain concepts inherent in the sub-section which are fully irreconcilable with the incidents of ..... greater efficacy foe purposes of speedy and sure realisation of rent than the sale in a certificate proceeding of the right, title and interest of the tenant. in the former case, unauthorised alienations, mortgages and other kinds of incumbrances will not hold good against the title of the purchaser while in the latter, the purchaser .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori122
..... -3-1953, all such dealers are liable to pay tax to the state of orissa at the rates prescribed under the orissa sales tax act and the rules framed thereunder, on all such sales as a result of which goods are actually delivered in the state of orissa for the purpose of consumption in this state'.the press note further says:'it has ..... as has been assumed by the orissa government and that they are not liable to pay tax merely because they had sent their goods to orissa for sale.it was next contended on behalf of the petitioners that the act makes a 'dealer' chargeable to tax and not a mere seller. a dealer is undoubtedly a seller, but every seller is ..... in another state.'it is clear that such transactions as in the present cases shall be deemed to be sales for all purposes of this act. in such transactions of sales, therefore, the petitioners are the sellers! and must, therefore, be held to be selling goods' as contemplated in the definition of a dealer.5. in this connexion, we may refer to a .....
Tag this Judgment!Court : Orissa
Reported in : 1975CriLJ1190
..... how he proceeds. satisfaction regarding existence of a dispute likely to cause breach of the peace confers the authority on the magistrate to act under this section. the other matters relate to procedure stating how he is to act. if he has jurisdiction, he is not deprived of it, merely because the procedure followed by him was erroneous or defective. an omission .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... of the transaction, it was averred that the document in question was produced by defendant no. 3, the transferee, through her authorised representative which indicates that the sale had been acted upon and was a real one and not a sham. other allegations in the plaint were denied, an additional written statement was also filed on behalf of ..... to the plaintiff and is not liable to be proceeded against in acquisition proceedings under chapter xxa of the income-tax act.3. defendant no, 2 filed a written statement alleging therein that the plaintiff executed a registered sale deed in respect of a double-storeyed building standing on the disputed land for a consideration of rs. 20,000 ..... his daughter, but the said document was a sham one and was never intended to be acted upon. according to the plaintiff, no title in respect of the disputed property had passed on to defendant no. 3 on the basis of the sale deed dated november 16, 1973, and there had been no transfer of ownership, but defendant .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT161; 1993(II)OLR194
..... may be attributed to them, if they are fairly susceptible of it. this is a principle of beneficial construction of statute. i do not find any good reason to give any extended meaning to the word 'pending' so as to include the cases likely to be filed except the concluded proceedings and thereby extending ..... involves the opening of the preliminary as well as the final decree and the mere fact that relief sought related primarily to the setting aside of the sale of the mortgaged property is not very material. moreover, the mere fact that no personal decree can be passed unless an application be made for that ..... and provisions have been made for filing objection, appeals and revisions against the objections. the legislature, therefore, thought in its wisdom that certain authorities under this act namely the consolidation officer, the appellate authority, the director of consolidation and the commissioner to exercise the original, appellate and revisional jurisdictions. the powers are taken .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori300
..... h. c. as to whether a lien was a personal remedy or could be enforced against a property that is saved from sale. similar provision is to be found in madras revenue recovery act & the bengal revenue sale act, 1859 & the point came to a head in what is known as the famous case of kinu ram v. kamaruddin, 14 ..... delimits the duration of his possession & provides that his retention of possession shall continue until the debt (the amount deposited to save the holding or the tenure from sale) with interest throughout has been discharged. suppose, the said mtgee. was not liable to pay the rents as they accrued due from time to time during his occupation ..... may be created over immoveable property. even before the t. p. act was passed, the principles embodied in the act ware applied in this country to such transactions on the principle of equity, justice & good con science, i am, therefore, of opinion that whether the t. p. act in terms applies to this transaction or not, the liability to account .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori120; 18(1952)CLT1
..... was connected withand arose out of the amendment of order 39, rule 1, order39, rule 1, as amended, provided that 'an injunction to restrain a sale or confirmationof a sale, or to restrain delivery of possession,shall not be granted except in a case where theapplicant cannot lawfully prefer and could notlawfully have preferred a claim to the ..... possession of the property doth against the fathers and the sons and the objection raised was that the suit was barred under article 11-a of the limitation act. the question that arose for consideration was whether the order of the executing court upholding the title of the sons and rejecting the application for delivery was ..... if i may say so with respect, have not noticed the anomalous position which the order of court in such circumstances, creates contrary to the policy of the act. further, what exactly is the nature & scope of the anticipatory jurisdiction of a court has not been considered in that case and has not been sufficiently canvassed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... one that continues to be vested in him, notwithstanding that the land is in the possession of a temporary tenant, and that it is capable of independent sale. these citations are meant to show that compensation based on the rent received from the temporary tenant is nothing more than the compensation for the malevaram. it ..... understood under the law of eminent domain, necessarily involves the idea of 'just compensation', carrying with it the following attributes: (1) market-value payable on the footing of compulsory sale; (2) determination of compensation by a judicial tribunal; (3) payment of compensation (a) in cash and (b) on the date when possession is taken unless any ..... means of production and to secure the control of all material resources of the community so that they may best subserve the common good. this is also virtually what is stated to be the purpose of the abolition acts in the judgment of his lordship mahajan j. at page 384 (bottom) in -- '1952 supreme court journal 354' (b .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... mother, the homicide was excusable'.on the facts of the instant case and for the reasons given, i am of opinion that the appellants in this case acted in good faith honestly believing that the march by the police party with loaded rifles, loaded revolvers in hand and lathis in horizontal position, would cause either death ..... called mischief and trespass under the illegal search warrant inasmuch as the search warrant had been issued by the magistrate legally or illegally and the police were acting in good faith under the colour of their office.'the learned counsel for the appellants contends that this finding of the learned sessions judge is incorrect and ought not ..... is personal enmity between the police officer concerned and the person arrested, a very high standard of evidence would be required to prove that the police officer acted in good faith in arresting the person, when the police officer had received no information worth the name or had not come into possession of any facts which .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... not been mentioned as an authority to impose any penalty on district judges.penalities are enumerated in rule 13 as follows :'13. nature of penalties: the following penalties may for good and sufficient reasons, and as hereinafter provided, be imposed on a government servant, namely, (i) fine; (ii) censure; (iii) withholding of increments or promotion; (iv ..... 3) provided that if a question arose whether any matter is or is not a matter in respect of which the governor is, by or under this act, required to act in his discretion, or to exercise his individual judgment, the decision of the governor in his discretion shall be final.in section 52, amongst other matters ..... to his exercised by the high court under article 235 would not extend to officers directly working under the government, such as law secretary. legal remembrancer or sales-tax tribunals etc., and in that context their lordships said that the observation made in a particular case must be judged in the facts and circumstances of .....
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