Judgment Search Results Home > Cases Phrase: the orissa gift goods unlawful possession act 1964 Page 1 of about 4,157 results (0.471 seconds)

Agasti Karuna and Another Vs. Cherukuri Krishnaiah and Others

Court : Andhra Pradesh

Reported in : 1999(5)ALD387; 1999(5)ALT494

..... the 1st defendant is in unlawful possession of items 1 and 2 and an extent of ac.0-42-3/4 cents in item no.2. ..... jagjit kaur, : air1996sc855 , the supreme court held as follows:...where, however, the property isgiven to a female hindu towards her maintenance after the commencement of the act, she becomes the absolute owner thereof the moment she is placed in possession of the said property (unless, of course, she is already in possession) notwithstanding the limitations and restrictions contained in the instrument, grant or award whereunder the property is given to her. ..... thus, where a widow gets a share in the property under a preliminary decree before or at the time when the 1956 act had been passed but had not been given actual possession under a final decree, the property would be deemed to be possessed by her and by force of section 14(1) she would get absolute interest in the property. ..... even otherwise what the 4th defendant gets by virtue of the gift deed is absolute title over the property but not limited estate as per the recitals in the gift deed. ..... the 2nd defendant purchased item no.5 of plaint 'a' schedule under a registered sale-deed dated 12-3-1964 executed by the 4th defendant on her behalf as well as guardian of the 3rd defendant. ..... these two sale deeds were registered on 5-9-1964 and they prove that for a valid consideration defendants 3 and 4 sold the plaint 'a' schedule lands and purchase different lands at kolakaluru and annamarlapudi agraharam. .....

Mangala Prosad Vs. V.J. Manerikar and ors.

Court : Kolkata

Reported in : AIR1965Cal507,1965CriLJ477,68CWN383

..... it follows that no goods can be confiscated unless the state discharges its onus in establishing the offence, or that it has been unlawfully imported when the goods are not seized from the possession of any person, there will obviously be no person to challenge the act of the state and to call upon the state to establish that the ingredients or the 'offence' have been proved. ..... state of orissa : [1955]2scr919 ; wazir v. ..... fundamental right with respect to the property in his possession, and that fundamental right would be infringed if we accept the interpretation sought to be given to section 167(8) on behalf of the opposite party, namely, that even outside the sweep of section 178a, the presumption that the goods have been unlawfully imported could be drawn from the mere fact of possession of goods of a foreign manufacture, thus throwing the burden to prove that section 167(8) has not been violated, upon the person from whose possession the goods have been seized for confiscation .....

Life Insurance Corporation Class I Officers' Sahakari Grih Nirman Sami ...

Court : Patna

..... singh, j,, as he then was, had occasion to examine the bihar gift of goods (sale, purchase and unlawful possession) ordinance, 1968 with reference to various decisions of the apex court viz. s. ..... bhupendra kumar (supra) it was also held that it is true for instance that offences committed against temporary acts must be prosecuted and punished before the act expires and if a prosecution has not ended before that day, as a result of the termination of the act, it will ipso facto terminate. 9. ..... the authorities were justified in demanding stamps and impounding the documents as the day on which the deeds were presented, the ordinance was in force, the provisions of which would govern notwithstanding its expiry and/or non-retrospective character of section 9-a of the act as inserted by bihar act no. ..... 2) impounding the sale deed dated 30-3-1987 of the petitioners under section 33 of the stamp act (hereinafter to be referred to as the act) and for restraining the respondents nos. ..... 15 of 1988 by which section 9-a of the act was further inserted, however, in terms of section 1(3) of the act came into force only with effect from 31-3-1990. ..... section 2 of the aforesaid ordinance inserted section 9a in the indian stamp act, 1899 providing charges with duty for the instrument executed by or on behalf of or in favour of the society or its members. ..... in state of orissa v. ..... delhi administration, air 1959 sc 609 : (1959 cri lj 782) and state of orissa v. .....

Babulal Agarwalla Vs. Province of Orissa and ors.

Court : Orissa

Reported in : AIR1954Ori225

..... 20/13/2 1/2 pies on the basis of the price lists published in the orissa gazette dated 3-9-1943 and 17-9-1943 and also awarded interest at 12 per cent, per annum from the date of seizure till either the date of the suit or the date on which the order was passed by the magistrate directing the plaintiff to take possession of the bags. ..... of khurda and jatni on 28-6-1943, 7-7-1943, 16-7-1943, 22-7-1943 27-7-1943 and 12-9-1943.the plaintiff contended that these seizures were unlawful as they were done in pursuance of a preconcerted conspiracy on the part of the provincial government and its local officials to flout the orders of the government of india regarding the free movement of foodgrains from orissa to bengal and that though he had shown his licence to the subdivisional magistrate of khurda before commencing his business in khurda sub-division yet he was put to much ..... hence, if from the proved facts of this litigation it can be inferred that the public officials acted honestly even though they might have acted negligently it must be held that they acted in good faith within the meaning of section 17(1), defence of india act. .....

Fulchand Agarwalla Vs. District Magistrate and anr.

Court : Orissa

Reported in : AIR1968Ori109; 34(1968)CLT34; 1968CriLJ954

..... 1967) the godown of the firm of the petitioner was searched by the civil supplies authorities and the police, said to be in connection with a case under section 3 of the gift goods (unlawful possession) act. ..... 7 of the act under which the grounds of the order of detention are to be disclosed to the persons affected by the order and earliest opportunity of making a representation against the order is to be afforded to them, provides as follows: '7(1) when a person is detained in pursuance of a detention order, the authority making the order shall as soon as may be, but not later than five days, from the date of detention, communicate to him the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order to the ..... 1967 passed b the district magistrate of phulbani under section 3(1) (a) (iii) of the preventive detention act 1950 (central act iv of 1960-hereinafter referred to as the act) upon being satisfied, with respect of the said two detenus, that with a view to preventing them from acting in any manner prejudicial to the maintenance of supplies essential to the community, it was necessary to make the said impugned orders. .....

Kashmiri Lal Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1970SC1868; 1970CriLJ1647; (1969)2SCC706; [1970]2SCR187

..... in this appeal by special leave the appellant challenges his conviction under section 3 of the railway stores (unlawful possession) act, 1955.2. ..... the act is a measure providing for punishment of persons in unlawful possession of railway stores who cannot satisfactorily account how they came by the same. ..... it is only when the articles satisfy the definition of railway stores that the prosecution can be successfully launched against a person in unlawful possession thereof. ..... mere unlawful possession of the property of any railway administration is not an offence. ..... according to the learned judge of the orissa high court:.section 2 of the act does not require the prosecution to prove that the incriminating articles belonging to a particular railway. ..... his further evidence that they were 'brand new' is also sufficient to show that they were intended to be used in the construction, operation or maintenance of the railway.in our view although the prosecution is not called upon to prove that the goods belong to any particular railway administration it has to establish that the articles were the property of a railway administration. ..... on the strength of some information received on 28th july, 1964 that some stolen railway property was being sent out of lucknow through a motor transport agency, a sub inspector attached to the railway protection force along with another sub inspector of police searched the premises of the motor transport company at lucknow the same night. .....

The State of Kerala Vs. A.B. Abdul Kadir and ors.

Court : Supreme Court of India

Reported in : AIR1970SC1912; (1969)2SCC363; [1970]1SCR700

..... act had been in force on the date of the refund, the person to whom the refund was made shall pay the amount so refunded to the credit of the government in any government treasury on or before the 16th day of april, 1964 where such amount is not so paid, the amount may be recovered from him as an arrear of land revenue under the revenue recovery act for the time being in force.the notification dated january 25, 1951 issued under the cochin tobacco act of 1084 reads as follows :in exercise of the powers conferred by section 5 of the cochin tobacco act ..... vii of 1084 as subsequently amended and as continued in force by the travancore-cochin administration and application of laws act vi of 1125 and in supersession of all previous notifications and rules on the subject, the following rules are prescribed under sanction of his highness the raj pramukh for the import, export, sale, transport, possession .....

The Senior Intelligence Officer, Directorate of Revenue Intelligence, ...

Court : Chennai

Reported in : 1990CriLJ704

..... force, that the legislature's main purpose for passing the railway property (unlawful possession) act, 1966, was to invest powers of investigation and prosecution of offences relating to railway property in the railway protection force in the same manner as in excise and customs. ..... interpreting similar provisions, in the railway property (unlawful possession) act, 1956, sarkaria, j. ..... to notice that in the report of the select committee on the proposed section in the bill and the objects and reasons for enacting section 104 in the present from in the customs act, this very point was noticed in the following terms : 'the committee are of the view that an officer of the customs arresting a person under the clause should have the power to release the arrested person on bail or otherwise, similar to the power conferred on the officer in charge of a police station under the code of criminal procedure, 1898, so as to obviate the necessity of detaining an arrested ..... state of orissa : air1975sc1465 wherein the supreme court had made the following observation : 'it may be emphasised here that the court will have no inherent power of remand of an accused to any custody, unless the power is conferred by law.' mr. ..... before proceeding to consider the rival contentions put forth by either counsel let us look into section 103 of the customs act which provides for the screening or taking of x-ray of bodies of suspected persons for detecting secreted goods. .....

Banchhanidhi Patra Vs. State

Court : Orissa

Reported in : AIR1959Ori177; 1959CriLJ1351

..... while therefore maintaining the conviction of the petitioner under section 5 of the telegraph wires (unlawful possession) act 195.0 i would enhance the sentence passed on the petitioner to six months' rigorous imprisonment. ..... the aforesaid act was not found to work effectively, especially in the states of bengal, bihar orissa and mysore, and consequently parliament amended the act by the telegraph wires unlawful possession amendment act, 1953 which came into force on 30-9-1953. ..... the telegraph wires (unlawful possession) act, 1950 came into force on 28-12-1950. ..... the law relating to unlawful possession of telegraph wires was in forcei since 1950 and drastic amendment was introduced by the amending act of 1953 mainly because theft of telegraph wires was found to be rampant in some of the states, including orissa. ..... 5) and stated that the goods sold under the cash-memo were copper scrap and not copper wires and that the firm of dinabandhu subodhi and son never dealt in copper wires at all.3. .....

Cheekere Kariyappa Poovaiah Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR2959; 1994(4)KarLJ165

..... , utilising this land as an appendage to wargs jama holding for servicing the said wargs and for enjoying privilege free of land revenue and also utilising the bane land for grazing of his cattle and for supplying leaf manure, fire-wood, timber required for domestic and agricultural purposes of the cultivator so long and he continued in possession of the wet land, were all preserved and continued to remain vested in him even after 1964 act. ..... the permission of the assistant commissioner recorded in each case in writing under the general or special orders of the state government, the alienation of lands of which the land revenue has been wholly or partly assigned or released by sale, gift, mortgage or otherwise, and also sales, gifts, mortgages or release of maintenance shares of such lands in a family patta in favour of members of the same family are prohibited and the assistant commissioner may summarily evict any person from such lands if so alienated and take possession of them on behalf of the ..... , : air1976sc853 it was submitted that the aforesaid view of this court in ramaraju naidu's case is not correct as the supreme court in terms held that the holders of kumki lands have some proprietory rights in the lands which they held and therefore the decision of the madras high court taking the contrary view or even the decision of this court placing reliance on the madras decision can no longer be held to be laying down good law. .....