Court : Orissa
Reported in : AIR1954Ori37; 19(1953)CLT362
..... thus:'notwithstanding anything to the contrary contained in any other law or in anything having the force of law or in any contract, no court shall, in any suit whether brought by a moneylender or by any other person in respect of a loan advanced before or after the commencement of this act, pass a decree for an amount of interest for the period preceding the institution of the suit which, together with any amount already realised as interest through court or otherwise, is greater than the amount of the loan originally advanced. ..... tile trial court, accepting the legal position relied upon by the plaintiffs, that they are entitled to reopen the previous transactions under the provisions of section 10, orissa money-lenders act, has decreed the suit on the following terms: 'that the suit be decreed on contest against defendant 1 in favour of the plaintiffs as well as defendants ..... the petition, however, was not pressed by defendant 2 and the deposit is still in court.the plaintiffs bring this suit seeking relief under the provisions of section 10, orissa money-lenders act on the allegations that the cash consideration that passed between the creditor and the debtors in respect of the above three transactions, that is, promissory notes dated 19-4-1931 and 11-8-1936 and the mortgage bond dated 13-4-1937, ..... of berhampur,and is brought by the creditor (defendant 1), thecourt having allowed relief under the provisions of section 10, orissa money-lenders act in favour of the plaintiffs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori54; 19(1953)CLT387
..... mohapatra next contended that on the findings of both the lower courts, krupasindhu was the sole surviving coparcener on the date of the commencement of the act and that the principles laid dawn in the said special bench decision would apply with full force in favour of a predeceased coparcener's widow irrespective of whether on the date of the passing of the act the joint family consisted of a single coparcener or more than one coparcener. ..... where the entirejoint family property devolved on the sole surviving coparcener prior to the date of the commencement of the hindu women's bights to propertyact, the widow of a coparcener who died long before 1937 is excluded from the scope of the decision of the special bench of our court reportedin -- 'air 1951 orissa 378 (sb) (a)'. ..... the plaintiffs case was that the family remained joint, that arta died sometime in 1920, that krupasindhu died in 1939 issueless, his wife having predeceased him, and that the entire joint family property devolved on the plaintiff by survivorship. ..... the result is that defendant 3 had no interest in the joint family property (except her right of maintenance) which after the death of the sole surviving coparcener krupasindhu in 1939 was inherited by the plaintiff dinabandhu. ..... kangali ___________|____________ | | lokanath jagannath | | (untraced) ______|_______ | | | |arta (dead) krupasindhu dinalandhudula (d.3) (died in 1939) (plaintiff)defendants 1 and 2 are alienees from defendant 3.2. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori71; 19(1953)CLT520
..... order 21, rule 11, similarly provides that the court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor prior to the preparation of a warrant if he is within the precincts of the court.the expression 'at the time of granting the certificate' in the proviso should therefore be read as being limited to the time when the court orders the issue of a certificate. ..... on 21-4-53 a bench of this court ordered the issue of a certificate as the requirements of section 110 had been satisfied and two days later the certificate was signed by the learned judges who ordered the issue of the same.the petitioner thereafter moved the court for stay of execution of the decree and we directed that half the costs incurred by the opposite parties in the lower court as well as in the appeal should be deposited as a condition precedent to the executionof the decree being stayed. ..... 14 of 1939 had been tendered on the opening day after the long vacation and an application for extension of time to deposit the money was filed on the next day.in -- 's. c. a. no. ..... 1953 orissa 315 (a); against which leave to appeal was sought was delivered on 28-1-53, decreeing the suit filed by the opposite parties. ..... the proviso to rule 7 was added by the amending act'26 of 1920.similar words are used in other provisions of thecode indicating as to when a power vested in the court should be exercised. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori145; 20(1954)CLT308
..... arrived, and observed:'their lordships, however, do think it necessary to say that if the learned judges of the high court of madras intended to hold that the prohibition in sub-section (4) of section 439 refers only to cases where the trial has ended in a complete acquittal of the accused in respect of the charges or offences, and not to a case such as the present where the accused have been acquitted of the charge of murder but convicted of the minor offence of culpable homicide not amounting to murder, their lordships are ..... only, since an appeal against an order of acquittal lies only to that court, while clause (b) of sub-section (1) of that section is not so restricted and embraces all courts, under section 439 (1) the power to enhance the sentence isexpressly conferred upon the high court.it would appear, therefore, that the high court, while dealing with an appeal against conviction, may act under section 439(1) and give notice to the accused to show cause why the sentence should not be enhanced. ..... emperor', air 1939 pat 611 (o); and -- 'mahabir singh v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori114; 20(1954)CLT425
..... sadananda', air 1952 orissa 99 (a).some of the principles laid down in that case, after a review of the entire case law on the subject are that the thikadari leases, either permanent or temporary but renewed or renewable from time to time, are, like any other property, capable of being possessed by a coparcenary; and that the joint family estate in such (thikadary) leases can grow either if they are acquired with the joint family funds, or with joint family labour or is ..... relying upon the decision that we have already referred to above, that is 40 cal 955 (d), that it was open to the high court to exercise its power under section 151 and stay execution of the decree although the matter may not strictly come within the terms of order xlv, rule 13.here the point of distinction, of course, is that the appeal was still pending and the decree was not finalised by the high court. ..... point of importance arises to be decided in connection with the prayer of the appellant for staying execution of the decree in the meantime and allowing the appellant to move the supreme court for special leave and obtain a stay order. ..... have found that the case does not involve any substantial question of law.but that apart, it is clear that the appellant will not be allowed to take up the position that the suit properties are valued at more than ten thousand rupees in the face of the fact that he, being the appellant before the high court, had valued the properties in suit ..... calcutta', air 1939 cal 308 (f) .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori189
..... it was pointed out that in such cases the primary burden of showing that the plaintiff was in possession of the property within twelve years of the commencement of the suit was on the plaintiff and hence if the evidence of possession was rejected as unworthy of credit 'the party upon whom the burden lies can be in no better position than if he had called no evidence at all'. ..... hence, even if it be assumed that the plaintiffs acquired good title to the properties inasmuch as their vendors (defendants 4 and 5) validly purchased the same from mauli bewa in 1927 a question arises as to whether in view of the unsatisfactory nature of the evidence which has been held to be 'unworthy of credit' by the lower appellate court regarding possession of the disputed properties by the plaintiffs' vendors from 1927 till 1941 and the admitted possession that from 1941 till 1944 at any rate, defendant no. ..... 'even if this finding be taken as binding on this court, from the discussion of the evidence as given by the lower appellate court itself it is clear that it was referring to the evidence regarding possession of the disputed properties from 1927 till 1941. ..... as a matter of fact, mutation was made only as late as 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori149
..... sri bijayananda patnaik to support the rule argues that the aforesaid articles have a tendency to prejudice the fair trial of the two defamation cases in the following two ways:(i) some of them by asserting as true the allegations made in the original articles which were the subject-matter of the defamation cases prejudge the very points for decision by the criminal court;(ii) all the articles have a tendency to prejudice the public of orissa in general and the public of cuttack in particular ..... try till the end to bring out the real fact.from the publications made in the last few editions of the 'krushak' i come to this conclusion that the government of orissa entrusted to anybody and anybody nominated by orissa congress and harekrishna mahatab, the entire amount contributed by the tax payers of orissa, the entire donation of the india government towards development as also the loans taken from the government of india, even though such person was entirely a stranger in the affairs ..... congratulation to 'krushak' as it discloses true facts.sarangadhar das, member of the parliament and leader of the socialist-praja party in the house of commons has given the following statements about the aims and objects of the orissa government.since last five or six years, the government of orissa is trying to establish work-shops like cloth factory, factory for ice box, work-shop for making petrol from coal, workshop for ..... the 29th august 1953.the acts of the government of orissa in the ..... 1939 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori225
..... though there is much force in this argument of the learned counsel for the plaintiff it will be difficult to infer from these meagre circumstances: that the government of orissa either conspired, with their local officials to prevent the plaintiff from exporting rice to bengal or else that they connived at the actions of the local officials and subsequently ratified the same.it may be that the local officials, knowing the attitude of the provincial government on the question of free trade, acted with excessive zeal on. ..... the period from 18-5-1943 to 16-8-1943 may conveniently be described as the 'free trade period' during which the various acts of seizure of the rice of the plaintiff took place.the eagerness of the then provincial government of orissa to bring about a speedy termination of the 'free trade period' will be apparent irom the fact that on 16-8-1943 as soon as the government of india issued the aforesaid notification the provincial government sent an urgent telegram (see (ext. ..... 3) and various subordinate police officials (defendants 4, 5, 6, 7, 8, 9 and 10) who actually seized his bags of rice.the main defence of the government of orissa was that they were not responsible for the tortious act, if any, committed by their subordinate officials and that there was no conspiracy between them and their officials as alleged by the plaintiff. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori211; 20(1954)CLT633
..... if we hold that the deed of settlement relied on by the first defendant is a genuine transaction and that, by virtue of that deed, the first defendant has acquired an absolute right in the properties left by her deceased husband, then it is clear that there is no property left by him in which the plaintiff can claim any reversionary interest.the suit being one for a declaration of title the court has got to see whether under section 42, specific relief act, the plaintiff is entitled to any legal character or to any ..... for the purpose of the disposal of this appeal, therefore, we are bound to hold, in the absence of any evidence to the contrary, that the deed of settlement must be taken to be a genuine transaction and that the widow is in enjoyment of her husband's properties in her own absolute right and that the plaintiff has no legal character or any interest in any of the properties of the late krishna padhano left in the hands of the first ..... 'in disposing of this issue, the learned munsif observes that he was not called upon to decide whether krishna padhano left any estate at all, or whether that estate passed out of the hands of the reversioner by virtue of his own act, on the view that the plaintiff was related to krishna padhano as his nephew and was his nearest ..... the first defendant contested the suit and averred that her deceased husband, krishna, had executed a registered deed of settlement dated 12-6-1939 under which he settled all his properties on her with full .....
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. .....
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