Court : Orissa
Reported in : AIR1956Ori73
..... this observation, therefore, is an authority for the proposition that if there was a partition at the instance of the widow succeeding to her husband's interest under the act then that interest would devolve on her death, on her husband's heirs and not revert to the coparcenary as it had already been disrupted.so, though there are ..... no dispute between radha bai and her son and radha bal did not alienate her interest in favour of the plaintiff.the learned judge referred to the cases of the madras high court in -- 'parappa v. nagamma', air 1954 ..... of a deceased coparcener has the right to alienate her husband's interest in the joint family property which devolved on her on the death of her husband under the act, without claiming partition of the interest. the learned judge chaturvedi j. in the madhya bharat case distinguished this case holding that in the case before him there was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori157; 23(1957)CLT142
..... by plaintiff and deals with a transfer made by the said ostensible owner and if the transferee, after reasonable ascertainment that the transferor had power to make the. transfer, acted in good faith. on a view of the title deed in favour of defendant no. 2 and the discharged mortgage bond, defendant no. 1 took the transfer from the ..... defendant no. 2 to transfer the properties to defendant no. 1, either express or implied. this is not what is contemplated under section 41 of the transfer of property act. this section only requires that with the consent, express or implied, of the plaintiff, defendant no. 2 is tho ostensible owner of such properties and he is such ..... that the transferor was not authorised to make it : provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.'in the leading case on this point in ramcoomar v. mcqueen, reported in 18 suth wr 166 (a), the judicial committee laid down, 'it is .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori3; 34(1968)CLT1021
..... the madras school had held that the brother's daughter, sister's daughter, brother's sons' daughter and father's sister are heirs. under the hindu law of inheritance (amendment) act 1929 the son's daughter, the daughter's daughter and sister were ranked as heirs. the daughter-in-law and son's daughter-in-law have been added after the ..... hindu women's right to property act 1937 came into force. over and above these female heirs, certain other female heirs have been recognised in madras from time to time like a son's daughter, ilr 14 .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ1598
..... honesty of justice mohanty. the petitioner, therefore, has failed to successfully make out a clear case for punishing the contemner under the provisions of the contempt of courts act.17. the application must, therefore, fail and subject to the observations made in the foregoing paras the rule of contempt issued by this court is hereby discharged.a. ..... clarified the position that they were not sisters but cousin sisters. this fact has not been controverted.10. 'contempt' has been defined in section 2 of the contempt of courts act, 1971 and clause (c) defines 'criminal contempt'. sub-clause (i) of clause (c) of section 2 reads as follows:(i) (a) scandalises or tends to scandalise,( ..... this particular case amount to a contempt of court or the hon'ble judge and expose him to the peril of a conviction under the contempt of courts act, 1971.9. the proceeding has been initiated against the petitioner on the basis of his allegations regarding the relationship of the hon'ble judge with the adversary .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ1861
..... found it inexpedient to await any further for the police report, he passed the order taking cognizance of the offence under section 363, i.p.c. against the petitioner. he acted strictly according to the observations made in the reported decision referred to above. therefore, the impugned order cannot be quashed on this ground.4. the second ground is worthy of ..... case indefinitely till investigation in the police case is over or till the filing of the final report in the case, more so when the concerned police officer does not act expeditiously in the matter and/or does not submit his report under section 210, criminal procedure code to the court at an early date. provision for stay of the proceedings of the .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT225; 1992(I)OLR421
..... within fifteen days, which court has jurisdiction to deal with the matter in the absence of establishment of a special court constituted under section 36 of the act and the third question posed is whether a remand beyond the aforesaid period of fifteen days is permissible by the magistrate. in fact, both these questions are ..... a magistrate in terms of section 36-a(1)(c). all these questions involve interpretation of the provisions of the narcotic drugs and psychotropic substances act, 1985 (in short 'the act'). before examining the questions posed, it would be appropriate for us to notice that the parliament enacted the legislation to make stringent provisions for the ..... within fifteen days, which court has jurisdiction to deal with the matter, in the absence of establishment of a special court constituted under section 36 of the act. (3) whether a remind beyond the aforesaid period is permissible by the magistrate? in case such a remand is not permissible does the accused get bail .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR57
..... through him may, by suit, recover possession thereof notwithstanding any other title that may be set us in such suit.'the aforesaid provision in section 6 of the act provides a summary, useful and handy remedy to a person dispossessed of immovable property otherwise then in due course of law on the basis of his prior possession ..... . when this case was placed before one of the hon'ble single judge of this court, question was raised that a suit under section 6 of the act at the instance of one co-owner against another for recovery of possession is not maintainable by drawing an analogy from the decisions in similar situations under section 145 ..... plaintiffs at present have been living in the house of the sister of plaintiff no. 1 and filed the suit under section 6 of the specific relief act (hereinafter called the 'act').3. the defendants filed the written statement denying the plaint allegations and challenged the maintainability of the suit. according to them, all the three brothers were .....
Tag this Judgment!Court : Orissa
Reported in : II(1995)ACC281; 1995ACJ277; (1994)IILLJ1167Ori
..... repasses in going to and leaving the actual place of work. there may be reasonable extension in both time and place/see saurashtra salt manufacturing co. v. bal voiuraja and ors.,)(1958-ii-llj-249). clause 8.10.2 of the settlement provides for such notional extension.5. 'residence signifies a man's abode or ..... been preferred by the steel authority of india ltd., rourkela steel plant (hereinafter referred to as the 'employer') under section 30 of the workmen's compensation act, 1923 (in short, the 'act') challenging the order passed by the asst. labour commissioner and commissioner for workmen's compensation, rourkela (in short, the 'commissioner') in w.c. case ..... clause 8.10.2 of the settlement are erroneous. learned counsel for claimant, however, submitted that considering the limited scope of appeal under section 30 of the act, there is no scope for any interference. it is further submitted that expression 'normal route' used in the settlement does not necessarily mean the shortest route, .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... progress, but a big chunck of money earmarked for developmental projects has been pocketed by the white-collar criminals.7. the enactment of the prevention of corruption act, 1947 coincided with the inset of the country's independence. corruption as such has reached dangerous heights and dangerous potentialities. the word 'corruption' has wide ..... woomanath and manorama. at one place it is stated that father jagannath 'relinquished his share' in the ancestral property. section 17(1)(b) of the indian registration act, 1908, provides for family arrangement. if such arrangement (family arrangement) was in fact reduced to the form of a document for the purpose of recording the ..... observed by the apex court in jamnaprasad kanhaiyyalal v. cit : [1981]130itr244(sc) that the legal fiction created by section 24 (3) of the aforesaid act, whereby the declared amount was treated as total income of the declarant, was limited in its scope and could not be involved in assessment proceedings relating to any .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR497
..... that all persons may be joined as defendants in a suit where any right to relief in respect of or arising out of same act or transaction is alleged to exist against such persons. in the case in hand when the plaintiff did not claim any relief independently ..... khan : air 1943 pc 94, it has been held that the further relief contemplated by the proviso to section 42 of tie specific relief act is relief against the defendant only. we may add that in k. sundarasa iyer v. sarvajana sowkiabi virdhi nidhi ltd. : air 1939 mad ..... being a prayer for recovery of possession, and (b) whether the courts below were right in acting on the sale-dead ext. 1 by presuming the correctness of the contents thereof. 6. section 34 (old section 42) of the specific ..... relief act. 1963 provides for seeking declaratory relief in certain circumstances. a plain reading of the section indicates that a person who has .....
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