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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All608
..... he further urged that, if it were held that the possession of the court of wards had not become unlawful she would have no remedy through the normal channel of a suit against the mala fide actions of the court of wards in flagrant disregard of her interests and that consequently this court should issue such directions as appeared to it proper in order to restrain the highhandedness and arbitrary actions of the court of wards.9. ..... i, therefore, hold that after the enforcement of the constitution, that is to say, as from 26-1-1950, the possession of the court of wards over the property of the petitioner has been illegal and that possession should be restored to her and the accounts of the petitioner's property and all the dealings of the court of wards with it and with its income should be explained to her.88. ..... in : air1950ori157 ', the same view was expressed with regard to the orissa maintenance of public order act and the president's order under article 373 and had been expressed in the patna case to which reference has been made in para, 29 and the detenus were ordered to be released at once.34. ..... it would mean not severing the bad portion from the good and leaving the latter, but substituting a new and different law in place of the old. ..... on 1st july, 1923 jai inder bahadur made a gift to the rani of 8 villages assessed to a government revenue of rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori156
..... if the plaintiffs had entered into possession and had been unlawfully evicted they could certainly maintain a suit for damages or injunction against the grantor, but the contract was merely executory and the plaintiffs have neither acted under it, nor have they suffered any damage by a breach of it.all that the zamindar undertook to do was not to cancel the lease within 'the stipulated period' but there is no covenant restricting his right to revoke it before it took effect. ..... judge failed to notice the distinction between ownership 01 the trees and the customary right to pluck the leaves and held that the zamindar had the right to giant a license to pick and collect kendu leaves on such land also and that the zamindar has acquired by prescription the right to lease out the kendu leaves growing on the lanas of the tenants and the thikadars.a good deal of the evidence relied on by him appears to me to be wholly irrelevant and unreliable as a guide to ascertain the quantity of leaves growing on such lands ..... the state, ilr (1954) cut 671 (t) the present first defendant applied for a writ against the state of orissa prohibiting it from interfering with his rights under the registered patta executed in his favour by the zamin-dar of garloisingh on 29-3-1940 which is ex. ..... if any interest short of absolute ownership is transferred the transfer of property act deals with such transfers, as for instance by way of mortgage, gift, exchange and lease.mr. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori237
..... as follows: 'if the result of the re-marriage was to effect a forfeiture of her widow's estate, her possession thereafter was unlawful and therefore adverse; but there being no evidence to show that she prescribed for the absolute estate, this adverse possession can only be regarded as adverse possession of the limited estate which she had enjoyed before the re-marriage. ..... she died in 1895, and the controversy turns on whether her possession was that of one claiming adversely as against any other title, or whether as the courts below have held that possession was not adverse but under licence from or by permission of the predecessors-in-title of the first respondent, a license or permission granted during the lady's life time, in order to afford her the maintenance which she claimed as ..... but the judgment takes the alternative position that even if section 2 of the hindu widows' re-marriage act applies, there would not be a change in the nature of possession 3n the absence of evidence of a change of her animus and therefore she would be entitled, by such adverse possession, only to a widow's estate as the judgment to which i was a party does not refer to several decisions on the point nor to any other authority, it is for this reason that i had referred to the several decisions as discussed ..... parcels she does not acquire the parcels as stridhan but she makes them good to her husband's estate.' ..... merely as an allegation as the deed of gift is not on record. ..... air 1954 orissa 212 (g). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All369
..... , had to consider a case where exclusive possession of a land was found to be the result of a mere license, the agricultural land involved in that case amounting to about 300 acres was not found to be cultivated according to the principles of good husbandry and with the permission of the minister of agriculture the norfolk agricultural committee took possession in 1942, they remained in possession till october 11, 1944, when under the defence regulations the minister let the defendant into possession.an agreement was executed a year later under which the defendant promised to pay 400 ..... a licence has been defined in section 52 of the indian easements act as follows:'where one person grants to another, or to a definite number of other persons, a right to, do or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right be unlawful, and such right does' not amount to an easement or an interest in the property, the right is called a license.'8. ..... in the second place it is clear that under the terms of this deed of gift the donee was to have the right of exclusive possession of the pucca shop. ..... the 'business run in the shop was made a gift of to another person. ..... a gift was made by owner of a building containing a shop to a certain person. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... but section 29a makes the provision of section 29 applicable to sites used for allied pursuits as they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to taking possession of any land or dwelling house under the provisions of the act now the expression 'allied pursuits' is defined in the act as meaning 'dairy farming, poultry farming, breeding of livestock, grazing and such other pursuits as may be prescribed'. ..... section 34 renders it unlawful, witheffect from the appointed day, for any person tocold, whether as owner or tenant or partly asowner and partly as tenant, land in excess of theceiling area. ..... by section 35 the provision of section 34 is made applicable to acquisition of land by gift, purchase, assignment, lease, surrender or any other kind of transfer inter vivos or by bequest except in favour of recognised heirs. ..... lands purchased by tenants under sections 32, 32-p, 32-i and 32-o or purchased under section 32-p cannot be transferred by sale, gift, exchange, mortgage, lease or assignment or partition without the previous sanction of the collector. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori124; 23(1957)CLT291
..... but i do not think, this will make a great distinction in the matter of the principle involved, particularly so far as the present case is concerned.we should like to make it clear at the outset that if the gifts or presents by the parents of the groom or the bride are made voluntarily on the occasion of the marriage it cannot be attacked as anything immoral or opposed to public policy. ..... the courts below have negatived the contention on the finding that the case is covered by the provisions of article 115 of the limitation act and the cause of action of the suit arose when the plaintiffs were compelled to leave the house of the defendants which is well within three years of the suit.plaintiff's version also was accepted that the cause of action arose only on the original defendant no. ..... even on this supposition the defendant cannot retain the amount which he has received from the plaintiff because the plaintiff in suing to recover possession of his rs. ..... 'as his lordship observed: 'if it be on principle unlawful for a parent or guardian to dispose of his ward in marriage for his personal advantage it appears to me to be irrelevant to show that in fact the ward was not injured by the disposal. ..... gokhej panda, ilr 1953 cut 558: (air 1954 orissa 17) (h). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All67
..... the mutwaili and then laid down a line of succession for subsequent mutwallis.he further reserved to himself the right to make additions and subtractions to the conditions of the waqf in his own life time, and provided that if the line of the persons who were to benefit from the waqf at any time becomes extinct the dedicated property would vest in the government and its income would be spent for public good and for the ..... the right reserved in condition (7) was only a limited right to alter the conditions of the wakf deed.it did not permit the dedicator to change the objects of the wakf or to withdraw any part of the dedicated property or any part of the income of that property from the purpose for which the wakf had been created and to make a gift of the ..... i, the executant, shall remain the mutwalli and manager in possession and appropriation of the waqf ..... :'the dedicator may also validly reserve aright to use the usufruct oi the wakf property in any way he likes during his life-time, but such a condition, if imposed after his death in favour of another mutwalli, is unlawful. ..... of my body and mind and in enjoyment of my five senses, without any compulsion or coercion, in order to gain spiritual benefit in the next world, and taking into consideration other circumstances and my own betterment, made a perpetual waqf alal nafs khud wa ala ayal wa aulad khud (for my own benefit and that of my ayal and descendants) in accordance with the mohammadan law, under the provisions of act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All198; 1958CriLJ316
..... was that they could very well have arrived on the scene after receiving information that a cow had been slaughtered in phullu's house and its meat available, in which case they would be innocent of the slaughter: they would only be deemed to be in possession of the beef, which is indisputably not an offence.it is also possible that after killing the cow phullu decided to make a gift of the spare beef to his friends, in which event too the applicants would not be guilty of any offence. ..... i should like to add that the criminal court must draw a distinction between acts which are universally acknowledged as 'crimes' and those which were previously lawful but have been made unlawful by virtue of recent legislation of a social or economic character designed to further the country's advance towards its goal of a welfare state.the court should also bear in mind how long ago the previously lawful act was made an offence, and whether or not such an act is an offence in other parts ..... phullu was arrested on the spot but the five others made good their escape. ..... emperor, air 1927 nag 221 (f), was a case of a previous convict who had been awarded three years' rigorous imprisonment for theft of goods worth about rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP115
..... the temple has a state grant and is a public temple, affairs of which are controlled by the state and the state in the exercise of its right of property and possession acted within its authority in restoring the shivling which had been unlawfully removed. ..... suit, whichever was earlier, the orissa government should refrain from disturbing rungta's possession over the mining area. ..... in the high court at orissa under article 226 of the constitution for a writ of mandamus.the high court declined to investigate and pronounce on the rights of the parties and expressly kept the determination thereof in abeyance in the suit intended to be filed by madan gopal rungta but held that at the moment the petitioner before them had no alternative legal remedy equally convenient beneficial and effectual, and passed an order that till three months from the date of the order or one week after the institution of the contemplated .....
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