Court : Orissa
Reported in : AIR1950Ori146
..... the main argument that has been advanced by the advocate-general on behalf of the government is that my judgment proceeded on the view that the act is to be interpreted against the government and infavour of the liberty of the subject, unless the powers of the government can be supported by express terms of the act. ..... he urges that the correct approach is to see whether there is anything in the act which cuts down the powers of the government and that a construction which advances the purpose of the act as appears from the preamble thereof, namely, 'to provide for the preventive detention in connection with the public safety and maintenance of public order' is to be adopted. ..... it is argued that the fresh orders of detention under question are a fresh exercise of the power vested in the government under section 2,orissa maintenance of public order act, which is authorised by section 14, orissa general clauses act. ..... home secretary, were filed which state as follows :'from the confidential reports and records in regard to the activities of the detenue which were placed by me before the hon'ble minister in charge, he was fully satisfied that the petitioner will go underground after his release and will resort to sabotage and will engage himself in various other subversive and dangerous activities which will be prejudicial to the public safety and maintenance of public order.'19. we have considered these ..... (1939) mad. ..... (26) 1939. p. c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori81
..... the patna full bench held that section 14 only applies to properties possessed by the female hindu at the date of the commencement of the act and that is not correct to say that the expression 'possession by a female hindu' refers to a point of time before the commencement of the act because such an interpretation would he inconsistent with the expression 'shall be held by her as full owner' occurring in the latter part of the section. ..... satyabadi naikani, 23 cut lt 489: (air 1958 orissa 75) where it was held that section 14 of the act has given the female owner an absolute ownership in respect of property which was in her possession. ..... 186 of 1939 because there was no compromise decree in the 1939 suit.furthermore, the judgment in the 1939 suit (ext. ..... 186 of 1939 against the said widows; and the superior landlord under whom they were holding the properties was aisp made a defendant as defendant no. 3. ..... 186 of 1939 was decreed on contest against the widows in favour of the son. ..... 186 of 1939 based on the compromise decree in title suit no. ..... 186 of 1939 as incorrectly stated by the learned additional district judge in his judgment.this mistake however caused some confusion. ..... in 1939, the son dadhi das again filed a suit being title suit no. ..... 186 of 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori98
..... the previous act dealing with hindu religious endowments in orissa was the orissa hindu religious endowments act, 1939 (orissa act 4 of 1939 -- hereinafter referred to as the old act). ..... the procedure to be followed by the commissioner while holding enquiries was not embodied in the old act but was made a part of the rules known as the orissa hindu religious endowment rules 1939.rule 66 of these rules required the commissioner to take evidence of witnesses, on oath or affirmation in 'open office'. ..... ii of 1952 -- hereinafter referred to as the new act) dismissing an appeal against the order of the assistant commissioner of hindu religious endowments orissa (hereinafter referred to as the assistant commissioner) passed under section 41 of that act declaring a particular religious institution to be a public one and one ramesh chandra das and his agnates to be the hereditary trustees of the same.a preliminary objection was taken to the entertainability of this appeal on the ground that the judgment of the single judge was passed in second appeal and that consequently by virtue of clause 10 of the letters patent ..... that appeal was filed against the appellate judgment of the commissioner of hindu religious endowments, orissa (hereinafter referred to as the commissioner) passed under section 44 of the orissa hindu religious endowments act 1951 (orissa act no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori111; 29(1963)CLT179
..... i in appendix iii, a list of the heads of department for the purposes of that code has been given in pursuance of rule 20 of the said rules.the learned government advocate strenuously contended that though these heads of departments were defined, as such, only for the purposes either of supplementary rules or of the orissa service code, nevertheless, they should be deemed to be 'heads of departments' for the purpose of section 123 of the evidence act also.mr. d. ..... similarly, in the rules of business made by the government of orissa under article 166 of the constitution, the various departments in the secretariat have been described and rule 4 of the said rules says :-'the business of the government shall be transacted in the departments specified in the first schedule and shall be classified and distributed between those departments and their branches as laid down therein'.the plaintiff's contention on this point is fullysupported by the observations of the supremecourt in the aforesaid case. ..... lucknow, air 1939 ondh 65 where it was held that if a document is shown to a member of the public to whom such papers have not been made known, in confidence, the question of claiming privilege for that document under section 124 of the evidence act did not arise. ..... chandbasappa mallappa, air 1939 bom 237 (at page 246) it was observed :'it is futile to claim privilege at a very late stage, when there is clearly a disclosure of the document, given in charge of the court. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori183
..... in so far as it applied to the hindu religious endowments in orissa has also been repealed by section 11 of the orissa hindu religious endowments act, 1939 (orissa act iv of 1939).the history behind this regulation was that in 1810, the british government presumably following the english notion of trusts, assumed control of all public endowments of hindus and muhammadans in the presidency of bengal and placed them under the charge of board of revenue, which policy continued and acted upon till the act xx of 1863 was passed when the government divested itself of the charge and control ..... of all such institutions and placed them under the management of their .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori260; 18(1952)CLT284
..... on 14-2-1951 the orissa legislature repealed and re-enacted the provisions of the impugned act by another act known as the orissa essential articles control, and requisitioning (temporary powers) act, 1950 (orissa act xii of 1951) and by section 18 of that act kept alive all orders passed under the 1947 act. ..... the sole question for consideration in all the three cases is the validity of some of the provisions of the orissa essential articles control and requisitioning (temporary powers) act, 1947 (hereafter referred to as the impugned act) and the provisions of the orissa kendu leaves (control and distribution) order 1949 (hereinafter referred to as the impugned order). ..... this bill also has subsequently been put into cold storage with the result that in 1949 prior to the passing of the orissa kendu leaves (control and distribution) order, 1949 the unsatisfactory condition noticed by the sambalpur land laws committee in 1939 continued to exist. ..... consequently, with the expansion of bidi trade and the abnormal increase in the commercial value of these leaves bitter disputes and litigations used to crop up amongst various landowners.as early as 1939, a committee appointed by the government to report on the sambalpur land laws devoted three pages to a discussion of this vexed dispute in the district and suggested some amendments to the tenancy laws regulating the fights of the tenants and landlords in respect of the leaves. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori1
..... i am, therefore, definitely of the view that the letter expressing the opinion of a superior officer of the position of the deputy secretary to the government (enforcement) of orissa that it is a spectacular case in which a large quantity of clothes was hoarded by the accused by fabricating a false account of sale, with the endorsement of the district magistrate 'show this to s. d. m. ..... furthermore, as it appears from the contents of the letter, the district magistrate ought to have expected that the cognisance had not till then been taken of the case & this letter is very likely to influence the sub-divisional magistrate in taking cognisance of the case, which act is a judicial act, and, as appears from the provisions of section 204, criminal p. c. ..... in air 1939 mad 257 (d), observes:'to comment on a case which is sub-judice or to suggest that the court should take a certain course in respect of a matter before it undoubtedly constitutes contempt and honesty of motive cannot remove it from this category............ ..... governor of reserve bank of india', air 1939 mad 257 (d) and in re -- 'subral manyan editor, tribune', air 1943 lah 329 (e). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori7
..... in the suit, the plaintiff has claimed that the mortgage stood discharged in terms of the provisions of section 17 of the orissa money lenders act, 1939 (hereinafter referred to as the 'act'). ..... the learned munsif, narasingpur by his judgment and decree dated may 7, 1982 decreed the suit, inter alia, holding that the mortgage stood automatically discharged under the provisions of the orissa money lenders act; that the defendant no. ..... for the purpose of the orissa money lenders act the prior period for which he was in possession as an invalid mortgagee does not count. ..... 1 was liable to deliver possession of the suit properties to the plaintiff in terms of section 17(2) of the money lenders act, 1939.7. ..... in view of the aforesaid direct decisions reported in air 1950 orissa 213 (supra) and air 1964 orissa 258 (supra), the decision reported in air 1961 orissa 102 (supra) does not apply to the facts of the present case.14. ..... they have also claimed that the suit is barred by limitation, and that in view of the dismissal of the application under section 83 of the transfer of property act, the suit is hit by the principles of res judicata.4. ..... it has failed to take note of section 59 of the transfer of property act which clearly lays down that where the principal money accrued is rs, 100/- or upwards, a mortgage, other than a mortgage by deposit of title deeds can be effected only by a registered instrument, signed by the mortgagor and attested by at least two witnesses. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori141; 1959CriLJ1006
..... the scope of the act. ..... the petitioner has been claiming the endowment to be a purely private religious endowment and, as such, not subject to the provisions of the orissa hindu religious endowments act, but some of the villagers including the opposite party have been agitating for a long time for the control of the said endowment by the endowments commissioner on the ground that ft was a public endowment.the petitioner on the 12th january 1949 applied to the commissioner under section 64 of the orissa hindu religious endowments act 1939 (orissa act iv of 1939) (hereinafter referred to as the old act), for a declaration that it was a private endowment outside .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori300
..... the various local acts which were passed later on, in some of the provinces, in substitution of the central act revsal that the provisions in this behalf have in fact been made more stringent, vide section 51 of bombay act, 7 of 1925, section 48 of the madras act, 6 of 1932, section 87 of the bihar & orissa act, 5 of 1935, and section 133 of bengal act, 21 of 1940. ..... section 4.4, public demands recovery act, provides that no certificate duly filed under the act shall be cancelled by a civil court, except on one of three grounds, namely : (a) that the amount stated in the certificate was actually paid or discharged; (b) that no part of the amount stated in the certificate was due by the certificate debtor to the certificate holder, and (c) that the proceedings of the officer who issued the certificate were in substantial conformity with provisions of law and that in consequence the debtor suffered substantial injury from some error ..... defendants 1 to 3 are the liquidators appointed from time to time to wind up the affairs of the society which was liquidated in the year 1939. ..... he had been served with a notice of the order of the liquidator, both in 1939 (when defendant 2 passed an order of contribution) and later, in september 1942 (when defendant 3 passed a second order of contribution). .....
Tag this Judgment!