Court : Orissa
Reported in : AIR1950Ori47
..... the next contention of the learned counsel for the appellants that because the definition of the word 'religious endowment, or endowment' in section 6, sub-section (12) comprises 'all' property and the act contains various provisions relating to such property and because at least some of the institutions within the scope of the act have admittedly properties outside the province and outside the dominion, the act has a ..... in respect of benefit taken or service rendered under the act, and in order to the execution of the act, and not made payable into the treasury or exchequer, or in aid of the public revenue'.while this statement may or may not be complete or exhaustive as a definition of 'fee' it appears clearly to show that where a levy is:(1) for benefit taken or service rendered under an act; (2) in order to the execution of the act; (3) and not in aid of the public revenue, it is certainly not a tax and ..... the constitution act maintains distinction between the powers of legislative councils and legislative assemblies in regard to financial measures analogous to what exists between the house of lords and the house of commons it is provided that certain specified financial measures cannot be introduced in the legislative council, but that a bill or amendment which provides for 'payment of fees for services rendered' is not to fall within the prohibition ..... the commissioner's sanction may not be required in respect of transfers of property located outside the ..... madras ..... bombay, 1948 f. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori64
..... what section 62 prohibits is the transfer by a party to a suit of property which is specifically the subject-matter of the suit, so as to affect, the rights of any other party thereto, under any decree which may be passed therein. ..... 486 is distinguishable inasmuch as that was a case where in fact there were two mortgages on the property before the respective suite on either of the mortgages were in fact, filed, so that each-mortgagee, when he brought his suit was by virtue of order 34, rule 1, bound to implead the other as a party-defendant in his suit, it is pointed out that in the present case the rent-decree purchases were all after the institution of the mortgage-suit and that there was therefore no possibility of any of these purchasers being ..... it is not a term of art and has been used in several enactments such as the indian succession act, the madras estates land act, the government of india act, the provincial insolvency act, etc. ..... 5 of 1943 and 8 of 1948 will be dismissed with costs and the items to which they relate will be excluded from execution. 19. ..... , has been invoked in aid by the learned counsel for the appellant. ..... 3, 4, 6, 7 and 9 of 1948 will be impleaded as parties in execution case no 142 of 1946 and the execution will proceed also against the items covered by these miscellaneous appeals. ..... 5 and 8 of 1948) will be sold in court auction. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori101; 19(1953)CLT491
..... section 7 of the act modifies the tenancy laws in force in the merged states.it provides:(a) that all suits and proceedings between landlord and tenant as such shall be instituted and tried in revenue courts;(b) confers the right of transfer of a holding belonging to an occupancy tenant and the full right to trees standing on his holding;(c) prohibits the enhancement of cash rents except in accordance with the tenancy laws continued in force in the merged state concerned;(d) provides against eviction of an occupancy tenant except in execution of a ..... the guarantee given to the petitioner, under article 3 of the agreement entered into by him on 14-12-1947 with the governor-general of india, that he shall be entitled to lull ownership, use and enjoyment of his private properties was intended to be extinguished by the state legislature by a side wind, by extending the applicability of the orissa tenants protection act to the state areas from a date anterior to the 'appointed day' mentioned in the states merger (governor's provinces) order of 1949, namely, 1-8-1949.the constitution expressly respects the sanctity of the ..... sub-section specifically says that the special laws or customs prevailing in an area where the madras estates land act or the orissa tenancy act does not apply (like the state of khandapara) shall be taken, into consideration in applying the act.it may be noted that even in the state of orissa the act does not apply to some areas notably the district of sambalpur. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... (see transfer of property act, section 105, 2nd paragraph), and that the estimated value of such services is really the rent payable in respect of such lands which should have been included for compensation. ..... section 12-a, madras estates abolition act, 26 of 1948, section 6, bihar act, 30 of 1950, section 4(2) madhya pradesh act 1 of 1951, and some of the detailed provisions contained in section 10 and section 18-a, uttar pradesh act of 1950, do certainly show that under those acts a landholder is not completely deprived, on abolition of his estate, of rights in respect of his private lands, which at the date of the abolition, happened to be in the possession of temporary tenants. ..... 5 of 1946 (orissa preservation of private forests ordinance) and orissa act 1 of 1948 (the orissa communal forests and private lands (prohibition of alienation) act, 1948) etc. ..... the privy council held that though the statute would apply not only to banks but also in some cases to other institutions, in the vast majority of cases and primarily the legislation affected banks alone and consequently the main object and effect of the act was to invade the field of banking which was exclusively a dominion subject.97. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori212
..... the conclusion that the 2.44 acres of land with buildings thereon was part of the mortgaged property that it was all the interest that the appellants had in redeeming the mortgagee, it should have been necessary to consider the question whether by virtue of the definition of 'loan' in the money-lenders act, only the proportionate portion of the decree amount which corresponded to this item of property bore to the entire mortgaged property is not all the amount that can be considered as 'a loan' in relation to the relief that the ..... by scrutinising the provisions of sub-section (2) of schedule 0 which runs as follows :'where in any suit, as is referred to in sub-section (1) it is found that the amount already realised as interest through court or otherwise for the period preceding the institution of the suit, is greater than the amount of the loan originally advanced, so much of the said amount of interest as is in excess of the loan shall be appropriated towards the satisfaction of the loan and5 the court shall pass a decree for the payment of the balance of the loan, if ..... the course of the arguments before us, an application has been made on behalf of the respondents to admit; as additional evidence, a certified copy of a registered document dated 26-2-42 whereby all the right, title and interest of appellants 1 and 2 in this appeal in the mortgaged property including the right of redemption are purported to have been transferred in favour of the original defendant 3, the raja .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori189
..... section 3 (1) (iii) defines a private company --' 'private company' means a company which, by its articles,-- (a) restricts the right to transfer its shares, if any :xxxxx(c) prohibits any invitation to the public to subscribe for any shares in, or debentures of the company. ..... jain of the first part or his nominee or the companies with which he is associated would be given 10,500, so that the shareholdings of the three groups (mentioned in the judgment under appeal as jain group, patnaik group and the madras group) shall always remain equal, with proportional representation in the board of directors. ..... having got the company into somewhat better position than what it was initially, the petitioner tried to stop the flow of capital to the company and threatened to withdraw his guarantee for cash and credit facilities with company's bankers and tried to stop raising of the capital from the shareholders and wrongfully instituted title suit no. ..... in paragraph 27 (f) the averment is that no accounts were shown to the petitioner and his group and unless the same are inspected and property scrutinised, the petitioner is not in a position to give full particulars of the several acts of frauds, misfeasance and other irregularities. ..... in england prior to 1948, the law was that if a majority acts in oppression of the minority, the latter were to petition the court to wind up the company on the ground that it is just and equitable to do so. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori182
..... , in substance, is the view of the full bench of the madras high court, namely, that an attachment before judgment becomes an attachment in execution of a decree, not after mere passing of the decree, but after the decree is sought to be executed and the property already attached is sought to be proceeded against in execution in the court auction. ..... terms it applies to attachment in execution of decrees or orders as the order of attachment prohibits a 'judgment-debtor' from transferring or charging the property in any way. ..... so far as 'air 1945 cal 449' is concerned, where the claim was advanced as against the attachment before judgment before the decree was passed and the unsuccessful claimant instituted a suit also before the passing of the decree it was held that the period of limitation was governed by article 120 and not by article 11 nor by article ..... even if we adopt the madras views that an attachment before judgment becomes converted into an attachment in execution at some stage or other of the execution proceedings, it will be doing violence to the language of article 11 of the limitation act to hold that a suit to establish a claim bo properly which is 'the subject-matter of execution proceedings' is also governed by that ..... in aid of this plea they relied upon article 11 of the indian limitation act. ..... :'although it may perhaps be legitimate to call history in aid to show what facts exist to bring about a statute the inferences .to be drawn therefrom are exceedingly slight. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori17
..... banerjee quotes a passage from sir henry mayne's remarks on stridhan at page 398 of his tagore law lectures on marriage and stridhan:'among the aryan communities as a whole, we find the earliest traces of the separate property of women in the widely diffused ancient institution known as 'bride price. ..... it does not follow that because an act has been prohibited by manu it should therefore be considered illegal. ..... ' part of this price which was paid by the bride-groom either at the wedding or,, on the day after it, went to the bride's father as compensation for the patriarchal or family authority which was transferred to her husband but another part went to the bride herself, and was generally enjoyed by her separately, and kept apart from her husband's property.............. ..... also in the madras presidency the payment of price for brides is customary in various castes (madras census reports -- 13 madras 83. ..... it is only in cases where the two parties are equally at fault that the court refuses to lend its aid to one who founds his cause of action upon an immoral or illegal contract 'ex dolo malo non oritur actio'. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... section 46 of the government of india act, 1915 (hereinafter to be referred to as the 1915 act), as amended by the government of india act, 1919 (hereinafter to be referred to as the 1919 act), the provinces were governed in relation to the reserved subjects by the governor-in-council and in relation to transferred subjects by the governor acting with ministers appointed ..... lordships observed thus (paragraph 14):'the indian constitution, though it does not accept the strict doctrine of separation of powers, provides for an independent judiciary in the states: it constitutes a high court for each state, prescribes the institutional conditions of service of the judges thereof, confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of superintendence over all courts and tribunals in the territory over which it has ..... be seen that the disciplinary and punishing authority of the districi judges from 1-4-1937 till 26-1-1950 was the governor acting with the aid and advice of the council of ministers and an appeal lay to the governor acting in his individual judgment against penalties imposed by the 'local government.'29 ..... 'is ultra vires article 235 to the extent it prohibits the high court to impose penalties (vi) and (vii), ..... 1948, the district magistrate wrote to the deputy registrar of the high court at lucknow drawing attention to certain re-marks contained in one of the documents .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... , delivering the judgment observed to the effect that if the sub-depots of the company's industrial concern at ernakulam, bangalore and vijayawada would be treated as part of the industrial establishment at madras, then the appropriate government would not be the madras government competent to make the reference; and the learned judge also expressed that it was of interest to notice that provision was made by the amending act of 1956 (act 36 of 1956) in section 10(1a) for the adjudication of disputes, if an industrial concern consists of industrial establishments lying in more than ..... we direct that those workers who were employed in the project prior to 1-7-1956 may be retrenched in accordance with their seniority in the units in which they were employed prior to that date; those workmen who were employed in the project after 1-7-1959 may be retrenched in accordance with their seniority in the units in which they were employed on the date of their recruitment; any transfer from one unit to another after 1-7-1956 of those workmen who were employed prior to ..... in both the said petitions also, the said superintending engineer at visakhapatna further prayed for issue of a writ of prohibition directing the industrial tribunal, orissa (opposite ..... that apart, there is the pilot scheme in this valley which is within the andhra state and is aided by the finance of the central government.it is noticed that there are no mechanical or electrical workers at araku, but 250 ..... 20th february, 1948.'30. .....
Tag this Judgment!