Court : Orissa
Reported in : AIR1955Ori20; 20(1954)CLT672
..... 176 12.9before the commencement of the bid the conditions of the sale were read out to all the persons at the spot and one of the conditions was that the highest bidder should deposit one-eighthof the purchase money immediately after the sale was knocked down in his favour and that he should pay the balance within one month thereof failing which the advance amount paid by him would be forfeited and the property would be resold and the loss, if any, would be recovered from him. ..... 'there may be cases where the courts must find that the amount of the deposit or payment in advance is so great in comparison with the amount payable under the contract, that the parties cannot have intended it as a mere security for performance but rather as a punishment for non-performance of the contract and in those cases the court may doubtless refuse to allow the retention of the whole of the deposit; but where there is no such disproportion and nothing unreasonable in regarding the deposit as a security, then the defaulter will not ..... their lordships held, after construing sections 39 and 64, contract act, that the sum received by the vendor as part of the consideration money was a 'benefit' under the contract which he was bound to refund to the vendee and his remedy was by way of the set off for damages for breach of contract. 7. mr. m.s. ..... ramnatha mohapatra', air 1955 orissa 11 (p) where some of the questions of law raised in these revision petitions have also been discussed. ..... ', (1939) 1 kb 724 (m). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori40; 58(1984)CLT169
..... , for consideration is whether on the evidence adduced by the parties, the 'defendants have been able to prove the different ingredients of adverse possession with respect to the suit properties or not and since the plaintiffs title to the land has been found, it is for the defendants to prove the extinguishment of such title by perfection of their title by way of adverse possession possession in order to be adverse, must be continuous, hostile and open, to the knowledge of the true owner and, therefore, we will have to scrutinise the evidence to find out whether ..... not open for the court to accept the evidence regarding adverse possession;(2) on the evidence adduced by the defendants, it is not possible for a court of law to come to a conclusion that the defendants have perfected title by way of adverse possession; and(3) the learned additional subordinate judge committed serious error in approaching the problem on a wrong legal conception, inasmuch as he held that if the plaintiffs possession was not proved within twelve years from the date of the suit then the plaintiffs must lose the case and ..... articles 64 and 65 of the limitation act, 1963, which correspond to articles 142 and 144 of the old limitation act 1908, have effected a material change in the law, with regard to suits for possession of immovable property. ..... ananda died in the year 1939 and alekh died in the year 1944. ..... kailash chandra kanungo) and (1982) 53 cut lt 214 : (air 1982 orissa 73) (hadibandhu ho v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori142
..... it is true that there is no provision in the indian income-tax act which imposes a duty on the income-tax officer to disclose to the assessee the material on which he proposes to act while computing the assessment under section 23(3); but the principles of natural justice require that he should draw the assessee's attention to it and give him an opportunity to show that the officer's information is wrong and he should also indicate in his order the material on which he has made his estimate; gunda subbayya v. ..... to make an estimate in disregard of the evidence, oral or documentary led by the assessee, he should in fairness disclose to the assessee the material on which he is going to found the estimate; (3) he is not, however, debarred from relying on private source of information, which source he may not disclose to the assessee at all: (4) in case he proposes to use against the assessee the result of any private enquiry made by him he must communicate to the assessee the substance of the information so proposed to be utilised to such an extent as to put the assessee in possession of full particulars of the case he is expected to meet ..... commissioner of income tax, madras : [1939]7itr21(mad) . 7. ..... ramkhelawan and sahu thakurdas : [1939]7itr607(all) . .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)ACC142; 1994ACJ215; 76(1993)CLT403; (1994)IILLJ71Ori; 1993(II)OLR260
..... the bench stated that mere mention about the liability being of the employer is not enough to exonerate the insurer to indemnify the employer in this regard because of the provisions of the motor vehicles act, 1939 - that case having dealt with this aspect of the matter arising out of a motor ..... we say with respect that what the learned single judge of this court stated in manorama sahu's case about the right of appeal being impeded by requiring the insurer to deposit the amount, which impediment, according to the learned single judge, is not permitted to be placed by section 30 of the act, is not fully correct inasmuch as the right has really been conferred on the person aggrieved and the person aggrieved is really the employer who has been required by the proviso to make the deposit, and so, there is no ..... question of any impediment being placed on the right of appeal as conferred by section ..... stated that the same view had been expressed earlier by a learned single judge of this court in managing director, orissa state transport corporation .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori75
..... i am, therefore, of the opinion that though there can be no doubt that for proof of relationship under section 50 of the indian evidence act mere opinion will not suffice unless it is expressed by conduct, the quantum of evidence that is necessary to prove such conduct will depend on the facts of each case, the relationship of the witness with the parties and his special means of knowledge of the family and other circumstances. 11. ..... of inheritance, it seems too much to say that only those who have this immediate property-interest, in learning the family history can possibly have adequate information; for family physicians and chaplains, old servants, and intimate friends may in cases, be equally and sufficiently informed, in this country (the united states) at least, the conditions are such, for the mass of the population, that the interest in family rank and inheri-tence cannot require such a narrowing ..... mohar singh', 24 all 94 also their lordships admitted in evidence the statement of a deceased person as regards his relationship with the previous owner of the property on the ground'that the claim of kinship now put forward is not a recent invention, but was made nearly fifty years before the commencement of the present suitand was not then seriously controverted, if it wasnot in terms admitted. ..... nilmadhab', 26 cal 236 followed in air (26) 1939 all 61. ..... (26) 1939 all 61. 6. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
..... ; (vii) it is a mistaken notion that the arrangement, referred to in the section ..... emoluments arising therefrom; (v) the prohibition against partition only attaches to the tenure, as such, namely, the right to collect rents and the privilege of representing the tenure before the landlord and the liability to pay the thikadari rent to him; (vi) as a result of this prohibition, in case the thikadari tenure, as such, is forfeited on account of nonpayment of the rent, the tenure as such lapses, but not to the detriment of the rights that had already been acquired prior to the enactment of section 65a of the central provinces land revenue act, 1898, as applied to sambalpur ..... purohit is the unreported decision, in 'first appeal 19 of 1939 (pat) relating to this very village where the rights of the three sons, by his second wife, of nidhi, viz; chintamoni, giridhari, and daitari, who divided from nidhi, were considered. ..... 19 of 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori163
..... not far away from the town of sambalpur and within that district lay the impartible estate of kolabira until it was abolished by the orissa estates abolition act, 1951, in november, 1952. ..... in the absence of any other material to the contrary and relying on the facts as gathered from the evidence, namely that the vacant site was held by chintamoni and the building was raised out of the estate funds in the early years of nruplal's succeeding to the estate and the general treatment of the property, we would hold that this property was a part of the estate and. ..... a plea of undue influence must, to serve that dual purpose, be precise and all necessary particulars in support of the plea must be embodied in the pleading; if the particulars stated in the pleading are not sufficient and specific the court should, before proceeding with the trial of the suit, insist upon the particulars, which give adequate notice to the other side of the case intended to be set up. ..... besides, they have also acquiesced in the impugned transaction; (vi) even if the property be held to have belonged to the joint family of which nruplal was the karta, the alienation is justified by antecedent debts of the karta and the debts being not immoral, the alienation is binding on his children and grand children; (vii) defendant no. ..... sometime in the year 1939, brusabhanu (defendant no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori195; 20(1954)CLT407
..... provisions of the indian registration act cannot apply with full force to such prohibited transfers ..... act is also 'a law for the time being in force regulating the registration' of a certain class of documents and that sub-section should be construed along with the provisions of the indian registration act for the purpose of deciding the effect of nonregistration of transfers of this type,where the special law in question (the central provinces tenancy act) prohibits transfer of occupancy holdings except to a specified class of persons and also prohibits the registration of those documents in which the recitals contravene the provisions restricting the transfer, it seems clear that the ..... tenancy act, 1920 as it was before the amendment of 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori21
..... of house sites in bhubaneswar was steadily increasing year by year after the war especially after the commencement of construction of the new capital and the value of such, sites in 1951 will therefore give no indication of their value in 1947 or 1949.the appellant also relied on another sale deed dated 24th april 1949 but from the map it appears that the plot covered by the sale deed was situated on the main road and had exceptional advantages which were not present ..... though under normal conditions sale prices over a period of years prior to the date of acquisition may be taken into consideration for fixing the average price, this principle cannot be applied to a place like bhubaneswar which was rapidly growing in importance owing to the construction of the new capital, or to a place like rourkela where the land values are increasing enormously due to the construction of the steel factory.in such places the prices went up abnormally from year to year on account of their browing importance. ..... revenue divisional officer, vizagapatam reported in air 1939 pc 98 the privy council laid down that in fixing the market value the potential value should also be estimated even though the prospective buyer may be only one person. ..... this is an appeal from the judgment of the additional district judge of puri rejecting a reference made by the appellant-claimant, under section 18 of the land acquisition act against the award of the collector of puri. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori37
..... not affect the matter, as the bond, when registered, would take effect and ..... , and after the security is tested and found sufficient, the defendant executes a fair bond and files it in court in accordance with the direction of the court within the time limited by the proviso to section 17(1) of the provincial small cause courts act, and it is accepted by the court, it must be held that the security has been given in time and that the requirements of section 17(1) proviso, have been satisfied.the circumstance that the bond is registered only subsequently, after the period of 30 days from the date of knowledge of the decree, does ..... 255 of 1958 since reported in orissa judicial decisions p. ..... khetra mohan, air 1939 cal. .....
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