Court : Orissa
Reported in : AIR1961Ori49
..... the next three clauses the testator authorised the widow to adopt a son and prescribed the devolution of the estate in the event of such adoption and in the last clause he provided that if at the time of the death of his widow there be no adopted son or ifno son or wife of the adopted son be alive then the testator's heir according to the hindu sastras who shall be alive at the time shall get the properties which shall remain after disposal by the widow by way of gift or sale of the ..... having reference to these considerations together with the whole of the will, all the expressions of which must be taken together without any one being insisted upon to the exclusion of others, their lordships are of the opinion that the two courts in india who both substantially agree upon this point, are right in construing the intention of the testator to have been that the widow of his son should not take an absolute estate which she should have power to dispose ..... section 95 of the indian succession act (act 39 of 1925) provides that where a property is bequeathed to any person he is entitled to the whole interest of the testator therein, unless it appears from the will that only a restricted interest was intended ..... after the death of their mother till 1939, all the four sisters enjoyed the said ..... suradhani dassi, air 1939 cal 226 the question arose whedier in the case of there being an absolute grant the subsequent conditions of gift-over would be deemed to be ..... thyaramma died in the year 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori117
..... 1908) shall be computed as follows : -- (i) to (iii) xxxxx (iv) in suits -- (a) for movable property of no market value - xxxxx (b) xxx (omitted by orissa act v of 1939) (c) for a declaration decree and consequential relief - xxxxx (d) for an injunction (e) for easements (f) for accounts according to the amount at which the relief sought is valued in the plaint or memorandum of appeal; in all such suits the plaintiff shall state the amount at which the values the relief sought..... ..... where question of pecuniary jurisdiction is involved the same can be challenged evenin an appeal against the decree within a limited compass as provided in section 11 of the suits valuation act therefore, where the pecuniary jurisdiction of the court could be challenged in revision by the defendant he is to satisfy the requirements under section 11 of the suits valuation act.the revisional power of this court, however cannot be invoked by the defendant for nonpayment of court-fee simpliciter.9. ..... orissa fisheries development corporation limited, tulsipur, cuttack), the learned munsif held that under section 7(iv)(f) of the court-fees act (act vii of 1870) (hereinafter stated the 'act') a plaintiff has right to give his own valuation and answered the issue against the defendant. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori95
..... it is submitted on behalf of the claimants that the admitted position being that the land acquired was in the heart of sulkigopal town is the close proximity of the bus stand, railway station and the temple and the potential value of the land being such more, the learned subordinate judge did not err in awarding the compensation as has been done. ..... these two appeals are directed against the judgments of the learned subordinate judge, berhmapur under the provisions of land acquisition act, 1894 (in short 'the act') in respect of lands acquired for the purpose of construction of bus stand and station office etc. ..... by the orissa road transport company limited, berhampur by declaration no. ..... a safeguard is provided in section 25 of the act that the amount of compensation to be awarded by the court shall not be less than the amount awarded by the collector under section ii. ..... 31354 dated 28-4-1976 published in part 111 of the orissa gazette extraordinary no. ..... revenue divisional officer, visakapatnam, air 1939 pc 98 that the compensation must be determined by reference to the price which a willing vendor might reasonably expect to require from a willing purchaser. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori175
..... the appellate court held that the provisions of section 13 did not affect the substantive right of the plaintiff to recover possession of the house and that the requirement of the permission referred to in section 13 was abrogated by a subsequent amendment to the orissa house rent control act introduced by act xi of 1951 ..... during the pendency of the appeal before the high court the law on the point had undergone a change so as to permit of such applications for compromise being entertained by the court without any report or certificate from the reserve bank of india, but under section 45 of the act as amended the court was precluded from sanctioning a compromise or arrangement between a banking company and its creditors unless the compromise or arrangement was certified by the reserve bank ..... i would accordingly agree with the finding of the learned district judge that the plaintiff was entitled to a decree having regard to the amended provisions in section 13, orissa house rent control act, and that the case has been rightly decided by the lower appellate court. 5. mr ..... in order to get over the difficulty created by the majority view, the legislature intervened and by orissa act xi of 1951 amended section 13 ..... it will be seen that the landlord's right to evict his tenant is governed by the provisions of the transfer of property act and that the protection afforded to the tenant did not affect or alter the substantive right of the plaintiff. ..... jamuna prasad', 1939 pat 239 (air v 28) (e) .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori296; 19(1953)CLT484
..... , alleging the sale to be voidand also with a prayer for setting aside the sale on the allegation that in the execution proceedings on the application of the judgment-debtors under the provisions of the orissa money-lenders act, an order was passed on 15-1-1943, allowing the judgment-debtors to pay on instalment, but the same execution proceeding was allowed to be proceeded with and the sale took place in the same execution proceeding without fresh service of notice under order 21, rule 22, c. p. c. ..... the position is absolutely clear that by virtue of an order having been passed under the provisions of the orissa money -lenders act during the course of the execution the original decree passed by the trial court is not substituted by fresh decree. ..... where any property is sold in execution of a decree, the sale shall not be set aside by reason only of the death of the judgment-debtor between the date of issue of the sale proclamation and the date of sale, notwithstanding the failure to substitute his legal representative in his place, but in case of such failure the court may set aside the sale if satisfied that the legal representative of the judgment-debtor has been prejudiced thereby. ..... 5,000/- and odd, the decree being dated 27-7-1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori293; 19(1953)CLT338
..... it is clear that where a partner shares the profits of the firm in lieu of his having 'acted for' all within the meaning of the aforesaid section 4, or having put in labour, or skill in the business in pursuance of an agreement within the meaning of section 239, contract act, he does so by virtue of the agreement he made with other partners in constituting the partnership firm. ..... he therefore held that the remuneration could not be deducted from the profits in view of clause (b) of sub-section (4) of section 10, income-tax act.the tribunal also maintained the order of the appellate assistant commissioner of income-tax and held (though, not in very clear terms) that the payment was made to sri nikunja kishore das and sri dhananjay lenka in their individual capacity and not to the subsidiary firm, namely, the friends united agency of which they were also partners. ..... clause (b) of sub-section (4) was inserted in section 10 by the amending act of 1939. ..... i would therefore direct the tribunal to state the following case and refer it to this court:whether on the facts and circumstances of this case the tribunal was right in relying on the provisions of clause (b) of sub-section (4) of section 10, income-tax act and refusing to deduct from the profits of the firm the sum of rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1979Ori115; 47(1979)CLT84
..... section 7 of the act is almost a verbatim reproduction of section 11 of the orissa hindu religious endowments act iv of 1939 (hereinafter called the old act). ..... interim orders for ensuring proper administration of the math in question and for proper application of the income of the properties of the math for the purposes for which it has been founded or exists, during the pendency of the proceeding under section 35 of the act, specially when there is nothing in that section or any other section of the act vesting any power in any authority constituted under the act to pass a judicial order with regard to the very matters in respect of which the commissioner has passed his impugned order (annexure ..... 1 who is the commissioner of endowments initiated a suo motu proceeding under section 35 of the orissa hindu religious endowments act, 1951 (hereinafter called the act) as per annexure-1 dated 4-10-1977, this proceeding was occasioned in consequence of allegations made by members of general public against the petitioner. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori97
..... the learned munsif dismissed the suit holding that the easements act was not in force in gangpur state prior to the merger on 1-1-1948 and that the limitation act was in force in gangpur state from 1-1-1939, and, as such, the plaintiff was not entitled to a declaration of his right of easement under any of the acts ..... , 7 ind app 240 (pc), their lordships of the privy council observed : -'the object of the statute (limitation act) was to make more easy the establishment of rights of this description, by allowing an enjoyment of twenty years, if exercised under the conditions prescribed by the act, to give without more, a title to easements ..... the learned additional subordinate judge, while agreeing with the learned munsif that the plaintiff was not entitled to a declaration of his right of easement underthose acts, held that the plaintiff was entitledto the relief on the principles of equity, justice andgood conscience and decreed the plaintiff's suit.defendants t and 2 and the legal representatives ofdefendant 3 have filed this second appeal againstthis judgment of the ..... in the facts and circumstances of that case, his lordship observed that before the start of the plaintiff's channel the rain water of the village had no defined course and that the passage of the rain, water over the road was nothing but surface water not passing ..... a matter of common knowledge that in many villages in orissa, the village lane itself serves the purpose of water channel. ..... 1960, d/- 11-10-1961 (orissa). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori160
..... . debabrata air 1951 sc 293 (k), it has been held by the supreme court that shebaitship is property within the meaning of the hindu women's right to property act and that consequently in a case to which the act applies the widow and son of the last shebait would succeed jointly to the shebaiti rights held by the latter and further held that even if the expression 'property' in the hindu women's right to property act is to be interpreted as meaning property in its common, or accepted sense and is not to be extended to any special type of ..... . kundana bibi air 1956 orissa 111 (u), ft was held by a division bench of this court,'as between two co-sharers mere possession by one co-sharer would not constitute ouster unless there is some material to justify an inference that he either expressly or by implication refused to allow the other co-owner to be in possession or to participate in the enjoyment of the joint property'.in the case of mohammad baqar v ..... . rani subbu-lakshmi nachiar air 1939 pc 95 (m), it was held, 'no doubt joint property cannot, if governed by a custom of impartibility, be converted into separate property by any exercise of the right to call for a partition as the existence of such a right is inconsistent with the custom .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori12
..... thus when the appellant herself purchased the property on that date and accepted the recital in that sale deed made by the vendors to the effect that the aforesaid sum represented the 'current market value' the learned district judge was right in saying that on that date the market value of the land (including the potential value) was that sum which works out to rs. ..... it cannot also be said that there will be a steady depreciation in the value of the residuary portion.on the other hand the establishment of a police outpost will give better security and with the steady increase in land values in the area the residuary portion left with the appellant will also appreciate very much in value in due course. ..... ever since the issueof the notification under section 4(1) of the landacquisition act in 1949 the owner lost all interestin preserving the land and admitted that the gardenwas uncared for. ..... hence merely because on the 19th december 1959 the learned district judge after personal inspection noticed thatthe earth was filled up only to an average heightof 9 inches he should not have jumped to the conclusion that even on the date of issue of the notification the height of the filled up earth was only9 inches. ..... revenue divisional officer, air 1939 pc 98, it is well settled that the potential value of the land should also be taken into consideration in fixing its market value. .....
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