Court : Orissa
Reported in : AIR1950Ori169
..... with the enactment of the indian arbitration act, 1940, section 21 so for as is material to arbitration contracts baa been fully recast and in its present form it reads : 'and, save as provided by the arbitration act, 1940, no contract to refer present or future differences to arbitration shall be specifically enforced; but if any person who has made such a contract other than an arbitration agreement to which the provisions of the said act apply and has refused to perform it, sues in respect of any subject, which he has contrasted to refer the existence of such ..... arbitration acts 1889-1934 and the supreme court of judicature consolidation act, 1925 comprise the entire law of arbitration prevalent in england just as arbitration (protocol and convention) act, 1937, and the arbitration act, 1940 at present constitute the entire code of the law of arbitration in india. ..... contract shall bar the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori117
..... . moreover, the first proviso to sub-section (2) of section 29 which limits the question of law on which a reference lies to the high court to the order passed by the revisional authority is identical with the first proviso to sub-section (2) of section 66 of the old indian income-tax act and in view of the reliance placed by their lordships on that proviso, similar reliance can be placed on the first proviso to sub-section (2) of section 29, orissa agricultural income-tax act also ..... . that no doubt was a case which arose under the indian income-tax act, but as pointed out by my learned brother, the provisions of the said act which came in for consideration before the privy council, are almost identical within those in the orissa agricultural income-tax act which we are called upon to consider ..... . it is sufficient to note that one of the main considerations which weighed with their lordships was that the period of limitation to the commissioner for review under section 33 of the old indian income-tax act could be enlarged by the voluntary act of the assessee in applying to the commissioner for review under section 33 of that act ..... the provisions of the orissa agricultural income-tax act are almost identical with the provisions of the indian income-tax act as it stood in 1940. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori146
..... before examining the aforesaid questions it would be appropriate to notice the relevant provisions of the patna state land revenue act, 1940 (act iii of 1940) (hereinafter to be referred to as the land revenue act). ..... , khorakposhakdar, umrao, an asli or shikmi thekadar and a muafidar holding a sanad or patta from the government, (xviii) 'thekadar' means a person who under the provisions of this act has accepted, or is deemed to have accepted, the assessment of a village and includes his successors as recognised in accordance with the provisions whom a settlement has been made before this act comes into force, and his successor as recognised in accordance with the provisions of this act; the term includes both 'asli' and 'shikmi' thekadars.' 6. ..... 's stand is that he is still in possession of these 15 acres of reserved bhogra lands in the three villages and that he had acquired occupancy right in those lands by virtue of section 7 (g) of the orissa merged states (laws) act, 1950 (orissa act iv of 1950) (hereinafter to be referred to as the act) which came into force on 3-3-1950 and that a writ of mandamus and an injunction should be issued against the opposite parties not to interfere with his possession. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori180; 63(1987)CLT358
..... he has urged that the statutory and mandatory notice under section 14(2) of the act had not been given to the parties and neither the original petitioner nor the legal representatives had knowledge of theaward and the learned subordinate judge was to give time to put in objections as provided in article 119(b) of the limitation act he has contended that no application having been made to make the award a rule of the court, the learned subordinate judge went wrong in passing the impugned order. ..... sakhi dibya, whose legal representatives figure as the appellants, had made an application under section 14 of the arbitration act, 1940 (for short, 'the act') intitle suit no. ..... a perusal of the application made under sections 30 and 33 of the act would show that the originalpetitioner had no notice of the award and it had specifically been mentioned in paragraph 3 thereof that no copy of the award had been served on the petitioner who did not know the contents of the sealed cover and it had been stated that the arbitrators were said to have produced the 'alleged' award and the connected documents in a sealed cover. ..... the arbitrators filed a sealed cover purported to have contained the award without intimating the parties about the same and no formal notice or intimation about it was received by the parties from the court however, an application was made by the petitioner under sections 30 and 33 of the act challenging the alleged award. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... categories: (i) challenge to the validity of the act as a whole; (ii) challenge to the validity of the application of the act as regards certain specific items comprised within the estates, such as, private lands, waste lands, mines, and minerals and buildings and also of certain provisions of the act; and (iii) challenge to the validity of certain items which enter into the calculation of compensation and in particular the item of deduction based upon the orissa agricultural income-tax act, as per the amendment thereof in the year 1950 and to the validity of certain provisions of the madras estates ..... for instance, bengal was one of the earliest of the provinces which took up the question of gamindary abolition and produced the authoritative report of the flood commission in 1940, recommending abolition of zamindaries. ..... 'that in the general class of cases, it is not the purpose of a statutory enactment, but the constitutional effect and operation of the enactment which determines its validity, is quite clear from the later judgment of the privy council in '(1940) a c 838 (z13)'. ..... this decision was cited with approval by the privy council in '(1940) a c 838 (z13).82. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori135
..... year shall be made in accordance with the procedure specified in this act; (c) any proceeding pending on the commencement of this act before any income-tax authority, the appellate tribunal or any court, by way of appeal, reference or revision, shall be continued and disposed of as if this act had not been passed; (d) where in respect of any assessmenl years after the year ending on the 31st day of march, 1940; (i) a notice under section 34 of the repealed act had been issued before the commencement of this act, the proceedings in pursuance of such notice ..... may be continued and disposed of as if this act had not been passed; (ii) any income chargeable to tax had escaped assessment within the meaning of that expression in section 147 and no proceedings under section 34 of the repealed act in respect of any such income are pending at the commencement of this act, a notice under section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... cannot be said to have been taken in good faith on the evidence in the case and that their act is wholly without authority and without jurisdiction and is not simply an act not strictly justifiable by law.apart from the evidence already referred to, the learned counsel also submits that the taking of the armed police into the math is contrary to the provisions of the police manual and clearly demonstrates that the action of the police in marching to effect the arrest and the seizure is not done in good faith, but ..... on the other hand is also mala fide.rule 621 regulates the rules for requisition for armed reserves and ..... emperor, air 1940 pat 696 (z2), it was held:'the word 'strictly' has been deliberately inserted by the legislature to show that section 99 was not intended to apply to cases where the act was wholly unjustified, it does not extend to cases where there is a complete want of jurisdiction. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori23; 19(1953)CLT402
..... but they concurrently held that the revenue sale and purchase of the 'touzi' by defendant 2 were brought about in pursuance of a fraudulent conspiracy on the part of defendants 1 and 2 and the choudhuries (defendants 3 to 8) with a view to extinguish the plaintiff's right in the suit property and that the equitable principles of section 90, trusts act, would apply to the present case.the main motive for such a fraudulent con-spiracy was said to be the bitter enmity between the plaintiff's husband on the one hand and defendant 2 on the other in an adoption suit ..... this point has been clearly laid down fay the privy council in -- 'air 1940 pc 176 (c); where their lordships observed :'things said, done or written while the conspiracy was on foot are relevant as evidence of the common intention, once reasonable ground has been shown to believe in its existence. ..... this adoption was challenged by bhagabat charan mohanty and during the years 1940-42 the adoption suit was being bitterly fought out. ..... on 15-6-1940 a notice was issued by the advocate of the choudhuries calling upon the plaintiff to pay the entire consideration money of the 'kabala' within seven days. ..... emperor', air 1940 pc 176 (c).12. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori306
..... out of the property continues, the property charged is to be treated as the husband's assets in the hands of any successor or alienee, foe purposes of satisfaction of the liability charged, it appears to me, therefore, that in the case of a charge decree for maintenance, like the one under consideration in the present case, the fact of the death of the husband by itself does not in any way alter the foundation of the decree and does not make the decree inexecutable and that prima facie the decree enures for the lifetime of the decree-holder as against the charged ..... pointed out:'it may well be that, if the act (referring to the hindu women's eights to property act, 1987) conferred upon the widow a right of succession in respect of all her husband's property, the right of maintenance allowed to her under the ordinary hindu law as compensation for her exclusion from inheritance would no longer be available, although nothing is said in the act about rights of maintenance. ..... 126 : (1940) 2 m. l. j. ..... 126 : (1940-2 m. l. j. ..... (27) 1940 bom. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... it provides that any rent, royalty, tax, fee or other sum due to the government under the act or the rules or under the terms and conditions of any prospecting licence or mining lease may, on a certificate of such officer as may be specified by the state government, be recovered, in the same manner as an arrear of land revenue and, such due shall be a first charge on the assets of the holders of the licence or mining lease, as the case may be.rule 31 of the mineral concession rules 1960 lays down that where an order has been ..... as an essential attribute of sovereignty and constitutional provisions relating to the power of taxation are regarded not as grant of power but as limitation upon the power which would otherwise be practically without limit but where the statute is plainly discriminatory or confiscatory or unconstitutional in nature, the tax can be struck down as unreasonable and violative of article 19(1)(f).in moopil nair's ease (air 1961 sc 552) (supra), the vires of travancore-cochin land tax act, 1955, as amended by travancore-cochin land tax (amendment) act of 1967, was impugned. ..... province of bombay, air 1940 bom 65 (fb), the question was whether the urban immovable property tax levied by s. ..... province of bombay (air 1940 bom 65) (fb) (supra): and state of bom. v. r.m.d. .....
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