Judgment Search Results Home > Cases Phrase: the orissa gift goods unlawful possession act 1964 Sorted by: old Page 1 of about 4,347 results (0.295 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. .....

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. .....

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. .....

Trustees of Dartmouth Coll. Vs. Woodward

Court : US Supreme Court

..... 539 and at the place therein mentioned, as of their own proper goods and chattels, and continued so possessed until, and at the time of the demand and refusal of the same, as hereinafter mentioned, unless divested thereof, and their title thereto defeated and rendered invalid, by the provisions of the act of the state of new hampshire, made and passed on the same 27th day of june, a.d. ..... ;, where there are no possessions or endowments given to the body, there is no other founder but the king; but in eleemosynary foundations, such as colleges and hospitals, where there is an endowment of lands, the law distinguishes and makes two species of foundation, the one fundatio incipiens, or the incorporation, in which sense the king is the general founder of all colleges and hospitals, the other fundatio perficiens, or the dotation of it, in which sense the first gift of the revenues is the foundation, and he who gives them is, in the law, the founder; and it is in this last sense ..... if ousted unlawfully from his office, the law would, by a mandamus, compel a restoration. .....

Charles River Bridge Vs. Warren Bridge

Court : US Supreme Court

..... " so that it is not the case of a monopoly if the subjects had not the common right or liberty before to do the act, or possess or enjoy the privilege or franchise granted, as a common right. ..... upon the ground, first, that the grant of the franchise is good in law, being for a sufficient consideration, to the subject, who, as he received a benefit, may have, by the grant of the crown, a corresponding obligation imposed upon him, in return for the benefit received, and secondly that if another, without legal authority, interrupts the grantee in the exercise of his franchise by withdrawing the profits of passengers which he would otherwise have had, and which he has, in a manner, purchased from the public at the price of his corresponding liability, the disturber ..... this right, thus purchased for a valuable consideration, cannot be taken away by direct or indirect means devised for the purpose, both of which are equally unlawful. .....

United States Vs. Brooks

Court : US Supreme Court

..... downs, the district attorney of the united states, filed a petition in the circuit court of the united states for the district of louisiana against the parties named in this report, alleging that they had unlawfully and fraudulently taken possession of the land therein described. ..... the court cannot entertain this rule at the present stage of the suit because the only law authorizing such a rule is an act of the legislature of the state of louisiana entitled 'an act to amend the code of practice,' approved march 20, 1839, see acts 1839, page 168, section 17, and said act does not apply to the present case, but is only applicable to depositions taken under commissions issued by the court, and in the suit in which such depositions are offered as evidence." "2d. ..... and head men of the caddo nation, pray that the united states will guarantee to the sons now living of our good brother, deceased, touline (otherwise grappe), the whole of our original gift -- four leagues to him and to them; and your memorialists further pray that your excellency will take speedy measures to treat with us for the purchase of the residue of our lands, as above described, so that we may obtain some relief from our pressing necessities, and your .....

Gaines Vs. Relf

Court : US Supreme Court

..... what is asked her until last night, when she was told that it was said she was one of his wives, and she says that what she has declared is the truth; and the testimony having been read to her, which was interpreted by don celestino lavergne, and don antonio fromantin, she declared it was what she had said, and she now ratifies ..... geronimo desgrange has three wives, and not being able to keep secret such an act, as scandalous as it is opposed to the precepts of our holy mother church, his excellency has ordered, that in order to proceed in the investigation, and to the corresponding penalty, testimony be produced to substantiate his being a single man, which the said desgrange presented, in order to consummate his marriage with said carriere; that all persons shall ..... on 2 july, 1844, the then complainants, gaines and wife, among other amendments to their bill, filed the following: "your oratrix alleges that she is entitled to the one moiety of the estate of which the said daniel clark died possessed, by reason of a conveyance ..... the plea put in by the counsel of desgrange affords a clue, not of itself entirely sufficient, but which, united with the other proceedings, make up what the law terms good secondary evidence of the contents of the ..... to conduct it with others who are willing to run the risk of unlawful adventures may give to the latter its spoils and impoverish those whose capital alone gave consequence to the concern. ..... the complainant claims under a deed of gift from the .....

Gaines Vs. Hennen

Court : US Supreme Court

..... it had come to a conclusion that by the act of marrying a second time whilst the first wife was alive, the person who does so violates the faith due to the marriage contract; that he deceives the second wife and wrongs the first; inverts the order of succession, and of the legitimacy established by the laws, inasmuch as his fraud makes the children of the second matrimony, though truly adulterine, legitimate, and capable to inherit from their parents on account of the good faith of their mother in contracting that marriage ..... be taken by the proper officers of the court, and under the authority and direction of the court, of the yearly rents and profits accrued and accruing from the said property since the 13th of may, 1844, when it came into the possession of the defendant, hennen, and to cause the same to be accounted and paid to the said myra clark gaines, the account to be taken subject to the laws of louisiana in cases of such recovery as is now decreed in favor of the said complainant. ..... but before discussing it directly, we must dispose of the ecclesiastical record, which was much relied upon in the argument to repel the evidence of her legitimacy and to establish the fact that the marriage between her father and mother was unlawful from her having been then the lawful wife of jerome des grange -- in other words, that des grange did not commit bigamy when he married her, by which she was ..... to mention in this connection whether a gift can be made to a bastard not procreated .....

In Re: William Tayler

Court : Kolkata

Reported in : 44Ind.Cas.930

..... possession, and the purchase in question took place before the second attachment.in this case the point for trial is whether the order of this court in the matter of striking off the case for execution of decree for the time being from the file of pending oases can be prejudicial to the previous attachment, and render the same null and void.the opinion of the court is, that an order, like the one passed by this court, cannot be prejudicial to the interest of the decree holder under the circumstances of the ..... for the decision of this case.by section 235 of the code of civil procedure, when property is to be attached in execution of a decree, the attachment is to be made by a written order prohibiting the defendant from alienating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise; and by section 240 of the same act, it is enacted that when any attachment shall have been made by actual seizure, any private alienation of the property ..... the principles of justice, applicable as much in the mofussil as they are in england, it was held that where the goods of a stranger were on the premises of another person and were distrained by the landlord for rent in arrear, and the stranger was obliged to pay the rent in order to redeem his goods, he might recover the money paid from those who owed the rent.it was said by one of the judges that 'the plaintiff could not relieve himself from the distress without paying the .....