Court : Orissa
Reported in : AIR1966Ori144; 1966CriLJ784
..... 1) cri. lj 152 (ker) where raman ayer j. observed that the obtaining of sample under section 10 of the act would not amount to sale as it is not a voluntary transaction, but in the nature of compulsory acquisition in exercise of statutory power. the supreme ..... the customers that it is unfit for human consumption. there is no bar for pure ghee being used for lighting purposes and good ghee may be used for both the purposes. it is however not a sufficient defence for the accused to contend that it ..... and were unable to accept the view. the supreme court have also in a number of other cases treated such transactions of sale to the food inspector as sales under the act: (see (1961) 3 scr 324 : (air 1961 sc 631); (1961) 3 scr 986 : (air 1961 sc 1494 ..... be adulterated. undisputedly ghee is a food-stuff as it is used in various forms in the preparation of human food and sale of adulterated ghee is prohibited by law. although the ghee might have an alternative use such as for lighting purposes, it .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori14
..... the amount of rs. 67 to bhagawan patra and, therefore, on 15th october 1941, the latter sent him a notice intimating that, if he did not act in accordance with the contract, the sale-deed would be cancelled. in spite of the receipt of the notice, udayanath naik took no steps and, therefore, on 11th november 1941, bhagawan' fatra ..... mortgage of 7th december 1985.4. the case was contested by udayanath substantially on the ground that a good title had passed to him under the sale-deed (ex. a), and that he was unable to comply with the terms of the sale-deed on account of incorrect recitals regarding the debts due. according to him, the landlords' dues on ..... remarks about the admissibility of extraneous evidence, which i reproduce and with which i would respectfully express my agreement:this question of whether in giving effect to a sale deed the property is to pass on the execution and registration of the deed or whether it is to pass upon the full payment of the consideration money arises .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori11
..... /41) that very property was sold and the present appellant became the auction-purchaser on 16th july 1941. he had applied in this execution for rateable distribution of the sale proceeds. his right by purchase was attacked in a suit by bhagabat gosain, through sashimukhi and another as marfatdars. in this suit the present appellant, as auction purchaser, ..... sri bhagabat gosain, through marfatdar, sashimukhi, advanced a claim, under order 21, rule 58, civil p.c. (claim case no. 36 of 1938). as the date for sale had been fixed for 19th march 1938, the claim case was dismissed, as filed too late. at this stage, the execution case was transferred to the court of the subordinate ..... agree with the decision in india in jwala sahai v. masait khan 26 all. 346 that the sale was a nullity and that the present suit is not barred under article 12, limitation act.' no court is bound to proceed with sale at the bidding of the decree-holder when, either through proper or improper channel, it comes to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori37
..... hereafter any person shall become bankrupt and at such time shall by the consent and permission of the true owner have in their possession order and disposition, any goods or chatties... that in every such case the commissioners shall have power to sell and dispose of the same for the benefit of the creditors.the plaintiff had ..... the reasoning set forth in the judgment of my lord the chief justice.42. as regards the first point, the retrospective operation of the orissa money-lenders (amendment) act (orissa act xviii [18] of 1947) appears to me to be an inevitable deduction from the following considerations: -- (a) section 10 interpreted in positive language enjoins the court ..... in making the import of the word 'money-lender' in section 10 co-extensive with that of the same word in section 16, by the same amending act (orissa act no. xviii/47) and simultaneous introduction of the same set of words into the texts of both the sections is, manifestly enough, to make the amended section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori73
..... mr. mohapatra contends that the fact that the application was made on behalf of the decree-holders can be substantiated or the defect, if any, can be made good by the other decree-holders coming into execution case and either giving their express or implied assent to the proceeding. whether the application was made by one or all ..... this is an appeal by the judgment-debtors, against an order of the district judge, setting aside that of an executing court, who purporting to act under section 151, civil p.c., set aside the sale, held in execution of a decree for rent. the question, whether it was a rent decree, pure and simple, or a money-decree, does ..... also apply with great force against the contention urged by the appellant. according to him, the auction-purchaser could neither prefer an appeal against an order, setting aside the sale, under circumstances as in this case, nor maintain a separate suit. as pointed out by their lordships of the privy council, it is a common practice that in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori284
..... it would amount to an attempt to commit an offence. in the present case, cl. (3) makes an attempt to move or transport without a permit as good an offence as the completed acts of movement or transport from inside the province to a place outside. as i have said the least movement from one terminus towards the other must constitute an ..... the production, supply & distribution of the commodities have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from the province of goods of any class or description;(2) any law passed in contravention of this section shall, to the extent of the contravention, be invalid.'7. the contrast of the sections, ..... ct. in the ends of justice, we shall also direct that the order of forfeiture of the cattle, seized, to the govt. of orissa, should be set aside & the sale proceeds, in deposit, must be made over to the resp3.29. the appeal is, therefore, allowed.narsimham, j.30. i agree with my lord the chief justice. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori143
..... that the purchaser cannot claim any title as owner in the property whether as legal or as equitable owner, moreover as laid down in section 54, t. p. act, a contract for the sale of immoveable property does not, of itself, create any interest in or charge on the property.'17. before discussing the ratio of the decision, attention should be ..... bound as it was not in force in the punjab in order to give relief to the plaintiff, who, they thought, was entitled to it in justice, equity, and good conscience. this will be clear from the following observations, made by mr. justice beckett:'there seems to be no particular reason why a person, the legality of whose possession has ..... bakhsh v. mohomed tahar', 61 ind app 388, it was laid down, by their lordships of the privy council:'by section 54 of the transfer of property act 1822, a transfer by sale can only be made by a registered instrument, and the contract by itself does not create only interest in or charge on the property. if the contract is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
..... it may be noticed that the object of the legislature in effecting certain changes in section 42, particularly insertion of sub-section (3) of the section by the amendment act of 1939, is not without significance. in none of the rulings discussed at the bar. the significance of the legislative change has been discussed, to my mind, it ..... the profits of the business accrued or arose at the place of buying ?the expressions 'accrue' and 'arise' occuring in section 4 of the indian income-tax act have been the subject of much judicial interpretation but for the purpose of this judgment it may be judicial interpretation but for the purpose of this judgment it may be ..... decision was whether a person residing and carrying on the ground that a part of the profit of such sales accrued in british india. the lahore high court observed that 'the profits actually accrue or arise at the place where the goods are sold, and not at the place where they are merely purchased for export.' to a similar effect .....
Tag this Judgment!Court : Orissa
Reported in : [1949]17ITR282(Orissa)
..... of any such person who is deceased, and accompanied by a certificate in the forms set out below.'the form, which is also printed in sampath iyengars indian income-tax act, 3rd edn., app. vii, page lxxi, contains a note which is identical as the relevant portion of the rule 6. the note : 'this application must be signed personally by all ..... ray, c.j. - this arises out of a case stated by the income-tax appellate tribunal, madras bench, under section 66(1) of the income-tax act. the simple facts are that the assessee firm had been registered as a partnership firm for years preceding the assessment year in question. under the law, every partnership firm is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori51
..... with a prayer for declaration of title and confirmation of possession or in the alternative for recovery of possession. the plaintiff had also, in order to make out a good title as against the landlord, pleaded that he bad taken the consent of the then proprietor to the transfer and that, at any rate, his transfer was within the ..... .' this sub-section is evidently dealing with the landlord's right to bring the holding or a portion or a share thereof in the hands of the transferee to sale in execution of a decree for arrears of rent. this liability or exemption from this liability is made dependent upon the fulfilment or otherwise of the condition of giving ..... in this view, he urges that the plaintiff's right acquired by his transfer remains entirely unaffected by the sale and the delivery of possession. he bases his contention on what he calls effect of section 31-b of o.t. act. his submission is that by virtue of section 31-b, his transfer became complete and binding against the landlord .....
Tag this Judgment!