Court : Orissa
Reported in : AIR1951Ori291
..... was intended to be paid, in order to give effect to the contract. as a corrollary to this proposition it is also urged that a contract which is otherwise good but omits to mention some term explicitly, does not become void or uncertain for that reason if the uncertainty can otherwise be made certain id certum est quod certum ..... itself shows that on 6-4-41 there was absolutely no talk about the consideration. bat this does not negative the implication that the parties have agreed that the sale should be for a fair price. unless it positively appears that the parties deliberately left the question of price for further agreement between themselves & contemplated that only on ..... since the reasonableness of the price is one that can be determined by the ct. if the parties themselves do not ultimately agree about it. under section 29, contract act, it is only agreements the meaning of which is not certain or is not capable of being made certain that are void. a contract to sell at a reasonable .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori64
..... in possession of any of the items of property inasmuch as it states as follows: 'in spite of the deed of gift in favour of artatran nayak or any sale deed executed in favour of raghu lenka and biswanath i do not find any evidence in support of the fact that either arta or any of the vendees from him ..... could be construed to be against the plaintiff and why she should have filed a suit 'to recover possession of property' as contemplated under article 47. article 47, limitation act, in terms prescribes that 'a suit to recover the property comprised in such order should be brought by a person bound by an order respecting the possession of immovable ..... failed to file a suit within a period of three years from the date of the order under section 145, criminal p. c., as prescribed under article 47, limitation act, had lost her right to the property. in arriving at this conclusion the learned additional subordinate judge committed errors of record, the most notable of which is that, according .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori351
..... & manager greater power to bind the infant ward by a personal covenant than exists in english law.in point of fact, the matter must be decided by equity & good conscience, generally interpreted to mean the rules of english law if found applicable to indian society & circumstances. their lordships are not aware of any law in which the ..... benefit. that f. b. decision deals with the further question as to whether this principle would affect the liability of the minor's estate under schedule 8, contract act, if it is also secured by a personal bond executed by the guardian on behalf of the minor; bat that is a question with which we are not concerned ..... benefit, is valid & binding. but it has been recognised in subsequent decisions that the earlier decisions are no longer good jaw. some of the later decisions have, however, attempted to distinguish the case of a contract for sale of minor's property by a guardian for necessity or benefit from the case of a contract for purchase of property .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori230
..... the contrary view which has been accepted in sordbji cootcarji v. kala raghunath, 36 bom. 166: (121. c. 911) and other cases in that line are no longer accepted as good law. it is enough to refer to the cases in thireviyam pillai v. lakshmana pillai, 41 mad. 616 : (a. i. r. (6) 1919 mad. 647), satnarain ..... consent of the decree-holders who had attached the sugar factory by then including the present petitioner. he, therefore, thinks that the moneys realised by the respective sales of the saw mills and the sugar factory are moneys ear-marked for distribution to those particular decree-holders who had given the consent and who have thereby ..... under their attachments, the receiver appears to have applied for certificates in the various decrees which were then under execution, for permission to sell the attached properties by private sale under order 21, rule 83, civil p. c., and the requisite permission and certificates were accordingly granted.4. the two items of properties, that is the sugar .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... mr. basu has placed much reliance. the facts of that case are as follows : in british columbia, the provincial legislature passed an act known as the dairy products sales adjustments act, 1920 authorising the appointment of an adjustment committee in a district of dairy farmers. the farmers were required to pay to the committee ..... occurs the following significant passage:'taxes are compulsory contributions to public authorities to meet the general expenses of government which have been incurred for the public good and without reference to special benefits. fees are payments primarily in the public interest for special services which people must accept whether willingly or not; ..... by the plaintiffs from the judgment of the district judge of cuttack dismissing their suit for a declaration that the orissa hindu religious endowments act, 1939 (orissa act, iv of 1939) was ultra vires of the orissa legislature and for other consequential reliefs. the appellant plaintiffs are all mahants of various .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori123
..... future maintenance of his alleged mistress and discovered this easy way of parting with some of the math properties by bringing about the rent sale. this view gains support from the mahant's previous act, namely, the execution of a will on 3rd september 1934, whereby he provided for certain properties of the math to be in the ..... according to the plaintiff the object of the mahant madhab das was admittedly to deprive ohintamoni of his raiyati interest in the holding by bringing the properties to auction sale. to achieve this object it was not possible for the mahant to bid at the auction himself, as that would be contrary to the provisions of section 227 ..... , orissa tenancy act. mr. rao's contention is that even admitting this premise to be correct, defendant 1 shall not be permitted to take advantage of the sale as ohintamoni had actually been defrauded of his property; and secondly the mahaut being the judgment- .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
..... by means of transport is the kernel of the offence. in such circumstances, as would lead inevitably to the conclusion that transport had been undertaken to carry goods beyond the province, the offence, it is plain to my mind, is complete, the prosecution need not prove that if no interruption had taken place the ..... the province to another though he designs to make it appear like that. he must be held to have been transporting and not merely attempting to transport the goods across the provincial boundary. in some instances, the essence of an offence consists in the result achieved, such as, murder, causing, hurt or grievous hurt and ..... as follows: 'transport' means (vide the concise oxford dictionary) 'convey (person, goods, troops, baggage, etc.), from one place to another.' the conceptions of two terminii and the act of conveying from one to the other, are implicit in its connotation. an act of transport cannot be undertaken and even contemplated without them. two specific places each at .....
Tag this Judgment!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 : AIR1950Ori213
..... and prescription is as much a root of title to interest in immovable property as a contractual document satisfying the requirements of the transfer of property act. this section 23, limitation act, is operative not only to extinguish the title of the rightful owner, but to transfer the title to the wrongful possessor is now well- ..... such a suit for possession is, therefore, in a sense, a suit to recover back possession of the limited interest in immovable property under article 144, limitation act. it is only in respect of that limited interest that the possession of defendants is adverse. it would, therefore, follow that when the mortgagee gets possession under the ..... under any claim of absolute right, the title of the original owner is extinguished. extinction of title by adverse possession is provided for in section 28, limitation act which runs as follows :'at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori217
..... the contesting defendants as against plaintiff 2 (and defendants 5 to 7), who were minors at the time of the execution of the sale deed. it may plausibly be contended that since section 53a, t. p. act, is a statutory recognition of the principle of estoppel embodied in the doctrine of part performance, the same would not avail as against ..... c is not registered, raised another difficulty for the contesting defendants, namely, that no title as such has passed to them under the sale deed. they are, however, entitled to rely on section 63a, t. p. act, inasmuch as it has been definitely found by both the courts below and virtually admitted by defendant 4 who is an executant of ..... the sale-deed that the vendees have been in possession of the property sold from the date of the sale in pursuance of the same. the question that has .....
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