Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
..... that (i) the sanction of the appropriate authority was necessary under clause 10 of the central order and (ii) the facts proved in the case merely show that there was a preparation and not an attempt to contravene the impugned notification and that in any view of the case the acquittal was ..... in those cases where the transport of the cloth by rail is through an agency other than the railway passenger himself, (ii) clause 3 (a) of the impugned notification however applies to the transport of cloth by rail by the passenger himself: (iii) there is thus no conflict between the impugned notification and the general permit issued under clause 3 of the central order, (iv) there might be a conflict between the impugned notification and a notification that may be issued by the textile commissioner under clause 6 of the central order regarding transport ..... an offence is, as i understand it, an act or series of acts, which leads inevitably to the commission of the offence unless something which the doer of the act or acts neither foresaw nor intended happens to prevent this. ..... that while the word 'transport' may not necessarily bear the same connotation as 'export' if the relevant notification intended to prohibit the very act of carrying the articles (provided of course that the intention was to carry it out of the province), then it should have been expected that the word 'carries' or some such equivalent term would have been used instead of the word 'transport' in the notification. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori152
..... the usage that the founder's guardianship for the purpose of the protection of the things dedicated with the object of completion of the gift, that is to say, the reaching the grantee by the latter's enjoyment, for the purpose of earning merit by grantor, is consistent with usage of equal validity of the guardianship vesting in a merited trustee other than the founder so long as the trustee consumates the gift by its appropriation for the benefit of the grantee and secures the intended merit for the grantor. ..... of any trustee, manager or superintendent , whose nomination shall not vest in, nor be exercised by, nor be subject to the confirmation of the government or any publicofficer, the local government shall, as soon as possible after the passing of this act, transfer to such trustee, manager or superintendent, all the landed or other property which, at the time of the passing of this act, shall be under the superintendence or in the possession of the board of revenue, or any local agent, and belonging to such mosque, temple or other religious establishment, except such property as is hereinafter provided .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori344
..... conferred by article 226, it may be said that the high courts in india are not fettered by the practice obtaining in courts either in england or in the united states or by the preexisting indian law (that is to say, the law as it existed before the constitution), and that they may, in appropriate cases, exercise this power where they are satisfied that no other remedy is available.but, in the exercise of that power, the courts will certainly have regard to the practice obtaining in other countries and will not ..... andrew mellon', (1923) 262 u s 447, a tax-payer sought to challenge the enforcement of a federal appropriation act on the ground that it was invalid and would increase the burden of his taxes, and his claim was rejected on the ground that his interest in the moneys of the treasury was comparatively minute and indeterminable. ..... it is subject to the exercise of a sound judicial discretion--the appropriate remedy to enforce a ministerial duty imposed by law upon officers who refuse or neglect to perform such duty when there is no other adequate or specific legal remedy. ..... observed:'if one tax-payer may champion and litigate such a cause then every other tax-payer may do the same, not only in respect of the statute here under review, but also in respect of every other appropriation act and statute whose administration requires the outlay of public money, and whose validity may be questioned. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori334; 19(1953)CLT357
..... on behalf of the state of orissa the advocate-general contended that in cases of this type where the orissa sales tax act itself provided, an equally convenient alternative remedy for the aggrieved party to apply for revision to the superior sales tax authority and to request that a case may be stated for the decision of the high court (see sections 23 and 24) it was not appropriate to invoke the powers of this court under article 226. ..... the sales tax officer, however, disallowed its claim saying that it was the petitioner's duty to prove that the goods were actually consumed in raipur or in manbhum and in the absence of any reliable evidence to that effect clause (1)(a) of article 286 read with the explanation to that clause would not apply and that the transactions of sale were liable to taxation in orissa by virtue of the general power of taxation conferred by the orissa sales tax act, 1947, as adapted after the constitution. ..... the purchasing firms obtained custody of the railway receipts on payment of the full price inclusive of transport charges and then took delivery of the cocoanuts at the places of destination. ..... on receipt of such orders, the petitioner indented for railway wagons, loaded them with cocoanuts and booked them by rail to raipur and manbhum and sent the railway receipts to the purchasing firms either through bank or through v.p.p. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori130
..... in such a case, in my opinion, it is for the creditor to prove the existence of his other legal dues towards which he had made the appropriation as alleged and failing which the sums admitted to have been received would be applied towards satisfaction or part satisfaction, as the case may be, of the dues, in suit.6. mr. ..... that in order that a creditor may take advantage of the provisions of section 60 and will be entitled to exercise his free option to appropriate towards any other debt, he (the creditor) has got to prove it to the satisfaction of the court that that there was a lawful debt actually due and payable to him from the debtor and that he had appropriated the game in discharge of the said debt.in this view of the matter it was incumbent upon the present plaintiff to have proved in court that his fees ..... in my opinion, this being purely a question of appropriation as provided under sections 59, 60 and 61, contract act, the question of set off does not arise in view of the admission of the plaintiff that in fact he had received the said sums on behalf of the defendant and had appropriated the same towards his other legal dues. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori114
..... of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance oftheir traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station the collector may, immediately after publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government enter upon and take possession of such land, which shall thereupon ..... can legislate for the regulation and development of inter-state rivers, and as under article 162, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make law and as the legislature of the state has no power to make laws for the regulation and development of inter-state rivers, the executive action of the opposite party of the contemplated project is unconstitutional, and consequently, the notification under section 4, land acquisition act, and the project are illegal .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori183
..... appropriated by individuals for private uses.clause (16) enumerates the object of the regulation and states that it is to be clearly understood that the object of the present regulation is solely to provide for the due appropriation of lands granted for public purposes agreeably to the intent of the grantor and not to resume any part of the produce of them for the benefit of government.thus, the whole scheme postulates that the authorities mentioned in the body of the regulation can only have jurisdiction over the endowments created for the benefit of the public before the advent of the ..... all these facts coupled with the fact that the deity is enshrined in a room inside the private house of the second plaintiff and the daily bhog offered, is cooked in the family kitchen by the females of the house go unmistakably to show that the deity is a private deity housed in a room of the dwelling house of the second plaintiff.accordingly, the learned additional district judge rightly came to the conclusion that the deity as not a public deity, nor is it a temple within the meaning of sub-section (13) of section 6 of the act.10. mr. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori17
..... the subsequent appropriation of the mahaprasad by the beneficiaries of the trust is; not affected by the act ..... the act would not justify the viewthat an attempt is' made to appropriate the incomeof a private religious trust for the ..... section 15 of the act says is that the committee should see that the funds of the specific and religious endowments are spent according to the wishes, so far as may be known, of the donors, that is to say, the committee's powers are limited to seeing that the pandas and other trustees of private religious endowments offer bhog to the lord according to the wishes of the donors. ..... property specially endowed for that purpose would be the personal property of the panda, but that the act by widening the definition of the expression 'endowment' attempts to include that property also and to control the administration of the same, thereby interfering with the petitioner's fundamental rights guaranteed by article 19(1)(f). ..... in this act unless there is something repugnant in the subject or context : (a) 'endowment' means all property belonging to or given or endowed for the support of the temple or given or endowed for the performance of any service, including the service of offerings to the deity or charity connected therewith, and includes the institution concerned and also the premises thereof, but does not include gifts of property made as personal gifts to the sebak, pujari or other employee of the temple: explanation : any gift, inam, or muafi or sebait .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori103
..... to remove the timber from the encroached areas he neglected to do so; that the appellant railway made over some portion of the railway land at the sambalpur station yard to the appellant river development for stacking heavy equipment in connection with the hirakud dam project in december 1946; that no portion of the lands held by the plaintiff under agreements of licenses was made over to the appellant river development nor any timber of the plaintiff was delivered by the appellant railway to the appellant river development; and that the station master, sambalpur, the dist. ..... the supply of wagons was regulated according to the rules of the appropriate department and was subject to the exigencies of time and conditions as then prevailed during the war. ..... the learned counsel for the plaintiff-respondent, also relied on section 71 of the indian contract act, in support of his contention that the appellant-river development had the same responsibility, as of a bailee as finder of the goods. ..... on these facts, the house of lords held that in this instance h had made himself a principal and by transferring the cotton to m, had committed an act of conversion, which made him liable in trover to f, the real owner of the cotton. ..... on these facts, it was held that it is not every wrongful act depriving a party of the possession of his goods that amounts to a conversion. ..... therefore, section 71 of the contract act has no application at all to the facts of the present case. 11. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori146
..... 8 of 1956, whereby he set aside the decision of the learned munsif and dismissed the plaintiff's suit against the union of india, representing the appropriate railway administration mentioned in the plaint for alleged damages to a certain consignment of potatoes from kanpur central station on the northern railway to bhadrak railway station on the south eastern railway.2. ..... days the delivery of the goods consigned it was held that the goods being perishable in nature came directly under rule 163, which provides that perishable goods shall be despatched by the first available means and particularly with regard to potatoes, that wagon containing potatoes shall be despatched by fast goods or mixed trains -- the despatching station shall wire to all junctions and engine-changing station, on route to push the wagon on by connecting trains (sanjiva row's 'the indian railways act' 3rd ..... (firm) satish chandra nandi, air 1936 cal 382, where it was held that no doubt the plea of limitation can be urged at any stage having regard to section 3 of the limitation act but when a party does take the appropriate defence but does not put before the court materials to sustain that defence, it is difficult for the court sitting in appeal to give effect to the defence contention and the court is justified in rejecting it. .....
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