Court : Orissa
Reported in : AIR1953Ori117
..... . that no doubt was a case which arose under the indian income-tax act, but as pointed out by my learned brother, the provisions of the said act which came in for consideration before the privy council, are almost identical within those in the orissa agricultural income-tax act which we are called upon to consider ..... .'it will be noticed that the language of the two sub-sections is almost identical and the only difference is in the presence of another proviso in the orissa act which is not found in the old income-tax act. 4 ..... . but in the orissa agricultural income-tax act the provisions of the old indian income-tax act are retained and consequently the decision of the privy council in 'air 1948 p. c ..... the provisions of the orissa agricultural income-tax act are almost identical with the provisions of the indian income-tax act as it stood in 1940. ..... . moreover, the first proviso to sub-section (2) of section 29 which limits the question of law on which a reference lies to the high court to the order passed by the revisional authority is identical with the first proviso to sub-section (2) of section 66 of the old indian income-tax act and in view of the reliance placed by their lordships on that proviso, similar reliance can be placed on the first proviso to sub-section (2) of section 29, orissa agricultural income-tax act also ..... . 1939 mad 709 (f.b .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori159; 39(1973)CLT1179
..... he also rejected the plea of the appellant that whether or not there was any physical obstruction to the exercise of the right by the plaintiff, the mere passing of the decree against him in the previous litigation would operate in the eye of law as a break in the exercise of the easementary right. ..... there is a concurrent finding of fact by the courts below that right up from the vear 1939 till the institution of the present suit giving rise to this appeal, that is, for more than a period of twenty years, the plaintiff has been in uninterrupted enjoyment of a right of passage over the disputed land and this finding is binding on me in second appeal. 7. ..... what amounts to interruption within the meaning of sec-tion 15 of the act is stated in explanation ii which says-- 'nothing is an interruption withinthe meaning of this section unless there is an actual cessation of the enjoyment by reason of an obstruction, by the actof some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after theclaimant has notice thereof and of theperson making or authorising the same to be made. ..... hema nara-yan misra, ilr (19691 cut 610 = (air 1969 orissa 54). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori149
..... a second appeal was filed in due course and during the pendency of that appeal before the high court the orissa house rent control act 1958 (orissa act 31 of 1958--hereinafter referred to as the act) came into force in berhampur town on, the 1st january, 1959.6. ..... when the orissa house rent control order expired with the expiry of the defence of india act the governor of orissa promulgated the orissa house rent control ordinance in 194(6. ..... in any case, in view of the coming into force of the orissa house rent control act 1938 (orissa act 31 of 1958) the civil court had no jurisdiction to pass a decree for eviction. ..... nurabati this anomaly was pointed out as one of the reasons for construing the words 'suit' and 'court' occurring in section 10 of the orissa money lenders act as including appeals and appellate courts. ..... this ordinance was subsequently replaced by the orissa house rent control act 1947 which also contained similar provisions in sections 5 and 13. ..... section 3 of the defence of india act 1939, stated that any order made under the defence of india rules 'shall have effect notwithstanding anything inconsistent therewith contained in any enactment (other than this act) or in any instrument having effect by virtue of any enactment (other than this act)''. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori211; 46(1978)CLT52
..... it is finally contended that the indian easements act of 1882 has been extended to orissa by orissa act 24 of 1967 and after its application, the right as claimed in the suit has to be determined on the basis of this statute and not on the basis of the common law. ..... , as his lordship then was, came to hold that non-joinder of the owner of the servient tenement who was not obstructing the easement was not fatal to the suit.in this case there is no allegation of any resistance from the state of orissa to the flow of water over the government land intervening between the plaintiff's premises and the channel by the side of the village road. ..... and advantages, as nature would produce them; there is a right to all the light and heat that would come, to all the rain that would fall, to all the wind that would blow; a right that the rain, which would pass over the land, should not be stopped and made to fall on it; a right that the heat from the sun should not be stopped and reflected on it; a right that the wind should not be checked, but should be able to escape freely ..... ' this right of access has also been recognised in the indian law as appears from the following decisions: air 1938 pat 423, air 1935 lah 196 and air 1939 pat 683. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori35
..... the original plaintiff was the ex-proprietor of parikud, and the estate of parikud having vested in the state of orissa under the provisions of the orissa estates abolition act, the state of orissa has been made co-appellant at the appellate stage.the defendants company had taken out a registered lease for a period of 40 years executed by the original plaintiff (the ex-proprietor ..... the secretary of the company since 1939 ..... up a title in a third person or by claiming title, in himself; or (3) the lessee is adjudicated an insofvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease: x x x x it is contended on behalf of the appellant that this lease is determined as the time for which lease was granted is limited conditionally on the happening of the event that the lessees carry on any other business. ..... property has teen determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing; (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach if it is capable of remedy. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori52
..... about his right as the successor trustee hut his protestation went unheeded.the appellant subsequently filed an application before the commissioner under section 36 of the orissa hindu religious endowments act (hereinafter referred to as the 'act') on 3rd of ..... in which we said that we need not enter into the controversy whether the suit would be barred under section 34 of the specific relief act, 1963 (equal to section 42 of the old specific relief act) in view of the amendment.the only other serious question that is now left for consideration is whether the suit is barred by limitation not having been filed within ninety days from 21-3-1963 when the institution was taken under the direct control of the endowment commissioner under chapter vii ..... attached to a math except as provided in the preceding section and there is a dispute respecting the right of succession to such office, or when such office cannot be filled up immediately or when the trustee is a minor and there is no recognised guardian willing to act as such or when there is a dispute respecting the person who is entitled to act as such guardian,the commissioner, after being satisfied that an arrangement for the administration of the math and its endowment or of the specific endowment, as the case may be is necessary shall, make such ..... the plaintiff-appellant claims to have been initiated as chela by the late ma-hant radhacharan das in 1939 and the latter executed a will dated 26-8-1940 acknowledging the chelaship of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori106; 21(1955)CLT555
..... ' consisted only of his view of the law as to whether the rates of the finance act of 1938 or 1939 were applicable and as in his view the rates of finance act of 1939 were applicable that in his view constituted 'definite information' so as to attract the operation of section 34.it was found that the view of the second officer about the legal position was correct; but the question raised was whether a different view of the law entertained by the income-tax officer at a subsequent stage or by his successor constituted 'definite information' within the meaning of section 34 of the act. ..... the officer who made the original assessment came to the conclusion that the rate at which the supertax was assessed by virtue of the provisions of section 6(4)(v) of the finance act, 1939, should be the rate prescribed by the finance act of the previous year, viz. ..... after the decision of the appellate tribunal, but before the date of the judgment of the high court, the governor of bihar enacted bihar regulation 4 of 1942 which received the assent of the governor-general on 30-6-42, and brought into force theindian finance act, 1939, in chota nagpur withretrospective effect from 30-3-1939. ..... on appeal the income-tax appellate tribunal set aside the assessment on the ground that the indian finance act, 1939, was not in force in chota nagpur, on a reference under section 66(1), the high court agreed with the view of the appellate tribunal. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori282
..... under the orissa motor vehicles rules, 1993 framed in exercise of powers conferred under sections 28, 65, 96, 111 and 138 of the motor vehicles act, 1988, the procedure for making an application and the manner in which those applications are to be dealt with have been indicated in rule 87. ..... since applications are not required to be made within a specified date and are made at different points of time and under law applications are required to be disposed of within 4 days from the date of the application if such application is covered by clauses (a) and (b) and within 15 days, if the application is covered by clause (c) of sub-section (1) of section 87, it is difficult for us to hold that all such applications for grant of temporary permits on a specified route are required under law to be disposed of together.10. mr. ..... the said patna case was in relation to an application for grant of temporary permit under section 62 of the motor vehicles act, 1939 and what was held in that case was that existence of permanent need does not exclude the existence of a temporary need and both can co-exist. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori169
..... whenever, compliance of any matter is not made or defect not removed within the time allowed by registrar or within the time limited therefore in the rules hereinafter contained, the appeal or application shall without being listed in that matter before the lawazima, court be placed before the bench for dismissal of the appeal or application as the case may be and the same shall be liable to be dismissed unless a petition supported by an affidavit showing to the satisfaction of the bench that there is good and sufficient cause for condoning ..... and 181 of the 1908 act run thus:description of applicationperiod of limitationtime fromwhich period begins to run.168.for the re-admission of an appeal dismissed for want of prosecution.thirty daysthe date of the dismissal.181.application for which no period of limitation is provided elsewhere in this schedule or by section 48 of the code of civil procedure, 1908 (v of 1908).three yearswhen the right to apply accrues.law is well settled that a residuary article of the limitation act is applicable if any specific article is not applicable to the facts and ..... it would be appropriate at this stage to extract the relevant rules of the high court of orissa volume i under which the first appeal was dismissed. ..... in air 1939 pat 678 (ramkhelawan singh v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori180
..... sinha further argued that in the absence of evidence by the scribe that he executed the will by the direction of the testatrix, there was no valid execution and, in case the thumb impression of the executant given before the sub-registrar is taken as an admission of the execution of the will, such admission before the sub-registrar has been made only for the purpose of registration of the document under sections 58 and 59 of the registration act and cannot be used to prove the execution, of a document, and, at any rate, the sub-registiar (cannot in such a case be taken ..... 67 : (air 1958 orissa 62), where it was held by their lordships that the party who wants to take advantage of a document executed by a purdanashin lady is to establish affirmatively: (i) that the document was explained to and really understood by her, and (ii) that she had independent advice or else that she had so much business capacity and strength of will as to dispense with the necessity of independent advice. ..... behari singh, air 1939 pc 117, cited in the division bench decision of this court in f. a. no. .....
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