Court : Orissa
Reported in : AIR1957Ori39; 23(1957)CLT1; 1957CriLJ384
..... the division bench which referred the question to the full bench noticed the aforesaid decision of this court but pointed out that in that decision the amendment made to the opium act by orissa act ii of 1939 was not taken into consideration and that there were sufficient grounds for referring the question to a full bench in order to examine the correctness of the patna view. 3. ..... section 20 of the opium act of 1878 was amended by the opium (orissa amendment) act 1939 (orissa act ii of 1939) and in place of section 20 several news, namely 20, 20a to 20-1 were substituted in the parent act. ..... the madras amendment was not so elaborate as the orissa amendment of 1939; and the detailed provisions such as sections 20-b to 20-i describing in full all the powers conferred on an excise officer investigating an offence under the excise act, are not found. ..... the opium act, 1878, with its orissa amendment, was applied to all the former orissa states including the present district of dhenkaqal by the merged states (laws) act, 1949 '(see sch to that act.). ..... emperor, air 1932 pat 293 (sb) (a) it was held that an excise officer exercising powers under the bihar and orissa excise act read with the dangerous drugs act, was not a ''police officer' and that a confession made to him by an accused person was therefore admissible in evidence not being hit by section 25 of the evidence act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori76; 23(1957)CLT149
..... the learned district judge considered all these documents filed by the appellant and has rightly concentrated upon the sale deeds near about the time of the notifications under section 4(1) for the materials whether the lands conveyed under the sale deeds exhibited on behalf of the appellant are exactly of the same nature as the lands under acquisition.on a perusal of these documents it appears that most of these kabalas were in respect of sthitiban lands which were agricultural lands for a long time. ..... for it has been established by numerous authorities that the land is not to be valued merely by reference to use to which it is being put at the time at which its value has to be determined (that time under the indian act being the date of the notification under section 4(1)), but also by reference to the uses to which it is reasonably capable of being put in the future. ..... an owner of lands, in the position of the appellant, is entitled, it was agreed, to the value to himself of the property in its actual condition at the time of expropriation with all its then existing advantages and with all its future possibilities, excluding only any advantage due to the carrying out of the scheme for the purposes for which the property was being acquired. ..... revenue divisional officer, vizagapatam, air 1939 pc 98 (c), which is as follows:'but sometimes it happens that the land to be valued possesses some unusual, and it may be unique features as regards its position or potentialities. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori121; 23(1957)CLT134
..... , the orissa legislature passed another act known as the orissa motor vehicles (amendment) act, 1948 (orissa act of 1949) by which a new organisation known as the state transport service, as distinct from the joint stock company contemplated in orissa act xxxvi of 1947 was given statutory recognition by the insertion, of a separate definition clause in the parent act as follows:'(29a) 'state transport service' means service in which an orissa state has entire or partial financial interest, and which the provincial government may, by notification, declare to be a state transport service for the purpose of this act. ..... in 1947, the orissa legislature passed the orissa motor vehicles (regulation of state carriage and public carrier service) act, 1947, (orissa act xxxvi of 1947) whose main object was to modify the provisions of the parent act so as to give monopoly of transport service to a joint-stock company in which the central and provincial government (now union and state government) shall have a controlling interest. ..... the indian motor vehicles act, 1939 (act iv of 1939) (hereinafter referred to as the parent act) has been in force from 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori240; [1957]8STC749(Orissa)
..... state of madras, 1954-5 stc 382(f) where while construing section 8b of the madras sales tax act, 1939 (similar to section 9b of the orissa sales tax act) it was held that the dealer was entitled to refund where tax, due has not been collected from his constituents. ..... ) board of revenue, in revision, rejecting their prayer for grant of refund under section 14 of the orissa sales tax act, 1947 (orissa act xiv of 1947) (hereinafter referred to as the act) in respect of sales tax realised from them for the quarters mentioned below:ojc no.quarter ending.date of assessment including inter-state sales.date of re-assessment u/s. ..... is other-wise invalid or to authorise the revision of any assessment or other matter which has become final and conclusive, or the review by any officer of a decision of his own which is subject to appeal or revision, or where any relief is specifically provided elsewhere in this act, to entitle any per-son to any relief other or greater than that relief or to entitle any person to claim a refund of tax payable before the commencement of the indian income-tax (amendment) act, 1939 which he would not be entitled .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori180; 23(1957)CLT210
..... shows 'if any dispute arises' for the purpose of the board acting if it simply does not recognise the right claimed whereas under section 36 of the orissa act corresponding to section 42 of the madras act, there should be a dispute respecting the right of succession to such office before the endowments commissioner can proceed to act under section 36.in this view of the matter, in my opinion, unless there are claims by rival claimants, the endowments commissioner cannot act by simply not recognising the duly constituted chela who succeeded to the mahantashlp, simply by saying that he is not ..... though the word 'dispute' used in various places in the same act generally should receive the same interpretation, yet taking into account the expression used in section 36 of the orissa act i think, the interpretation received for the word 'dispute' in section 84 of the madras act should not be applied in construing the expression 'there is a dispute respecting the right of succession to such office' used in section 36 of the orissa act.13. ..... the orissa act and its predecessor (the orissa hindu religious endowments act, 1939) were both modelled on the madras hindu religious endowments act 1927 (madras act ii of 1927) subject, of course, to certain modifications and alterations necessary to suit the peculiar conditions of orissa. ..... in the orissa act also, the section corresponding to section 84(1) of the madras act is section 41(1) (corresponding to section 64 of the orissa act of 1939). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori177; 23(1957)CLT387
..... lose it by any change in the value of the subject-matter of the suit after the institution of the suit or by the ascertainment of its value in cases which do not attempt at such ascertainment at the time of the institution except when the plaint is allowed to be amended; otherwise, there would be no fixity, as to the jurisdiction of the court in which the suit has been brought or as to the court in which the appeal should ordinarily be filed.similarly, there would be no certainty as to the court in which the application for execution should be filed if the decretal amount on the date of the application is taken into ..... and their lordships differing from the calcutta view and relying on the earlier view of their court held that as in suits so in execution proceedings the competent forum is ordinarily that indicated by section 12 of the civil courts act, but in the five cases mentioned in section 223 of the old code, special reasons exist for departing from that rule and creating a special or extraordinary jurisdiction the object whereof is to secure to the judgment-creditors in certain cases a special facility or convenience. ..... then there is a previous decision of the allahabad high court by a single judge of that court reported in sita ram v madho prasad 1938 all lj 1128: (air 1939 ah 57) (z1). ..... reliance was then placed upon a single judge decision of the lahore high court reported in air 1939 lah 258 (t). ..... amritsar air 1939 lah 258- (t). ..... father rioufreyt air 1939 rang 115 (s). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori280
..... nariman minoo, air 1953 bom 382 (d), it was field: 'a plaintiff is entitled to put his own valuation upon the relief which he seeks in the suit if the suit falls under section 7(iv) of the court-fees act, and if he has put a valuation, then that valuation is conclusive for the purpose of section 8 of the suits valuation act and the jurisdiction of the court must be determined according to the valuation so put by the plaintiff. ..... surendra sahi, 18 pat lt 977: (air 1938 pat 22) (e), a special bench of the patna high court held: 'the court deciding the question of court-fee is deciding an issue not as between the plaintiff and the defendant wherein his decision both on law and fact is not subject to revision but is deciding an issue as between the crown and the plaintiff: and should its decision be adverse to the plaintiff it amounts to a decision to refuse to exercise its jurisdiction to try the issues as between the plaintiff and the defendant. ..... but until such standards are laid down by appropriate rules framed under section 9 of the suits valuation act, it would not be possible for the court to exercise, this power except in those classes of cases in which the valuation made by the plaintiff is illegal, palpably absurd manifestly illogical or arithmetically wrong. ..... according to the sale deeds filed by the plaintiffs in the court below, the valuation of similar land in 1939 was equal to the value put by the plaintiffs who valued the relief for injunction at rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori65; 23(1957)CLT440
..... ancestral deity and was in basu's house for sometime and subsequently removed to the residential house of the plaintiff and the defendants, the deity must have a room to be housed in.i will advert to the discussion of the evidence on the point in detail while considering the cross-appeal on behalf of the respondents, but for the present i am clearly of opinion that in view of the admission by the plaintiff and the evidence on record, the deity should be properly and conveniently housed in one of the rooms of the joint family which will be excluded from partition. ..... the aforesaid family settlement, the brothers lived joint as before and they were recorded in the current settlement record of rights as such with a specification of their shares.biswanath died in the year 1939 and panchanan (d-1) in due course, became the karta of the family consisting of the families of the plaintiff and defendants 1 and 2 and they continued as such till the year 1945, acute differences, however, arose in 1945 between the plaintiff and the defendants and the plaintiff demanded partition several times in accordance with the ..... pareshnath, thakur, air 1954 orissa 198 (c). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori47
..... it appears very clear from the provisions of the act that so far as her husband's estate is concerned, it does not pass by way of survivorship to the other coparceners according to the ordinary rules of hindu law; but such rights of the other coparceners are kept in abeyance till the death of the widow.the widow nevertheless, by the specific provisions of the act itself, is given the right to claim for partition in which case indeed there is a disruption in the family, and the interest of the husband on the death of the widow will go to the next heir of the husband. ..... as i have indicated above, both the courts below having come to the concurrent finding, which has not been challenged before us, that balaram and bhagirathi were joint till the time when balaram died on 1st november 1939, the only question that remains to be determined in the present appeal is whether on the death of pitei, balaram's interest in the joint family property will pass by way of survivorship in favour of keluni or will be inherited by kangali, the plaintiff. ..... jujesthi panda, ilr (1955) cut 709: ((s) air 1956 orissa 73) (k).there it was observed by their lordships panigrahi, c. j. ..... in the case reported in ilr (1955) cut 61: ( (s) air 1955 orissa 135) (a).8. ..... subhasini bewa, ilr 1955 cut 61: ( (s) air 1955 orissa 135) (a). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori145
..... , however in his very elaborate judgment has reviewed several decisions in observing that if the family funds were utilised for the improvement of the property then as between members of the family of the lessee, it was joint property: the effect of the granting of a protected status was not to do away with the right of the other coparceners, which remains dormant ready to spring into existence when the protection is removed.so long as the protection was there, the other members of the family could not assert their title to the estate. ..... their lordships held:the scheme of the sambalpur land revenue act shows that even in the case of a default in payment of revenue, although the penalties provided for in section 94 of the central provinces land revenue act may be imposed, the defaulter shall not be deprived of the possession mentioned in clauses (c), (d) and (e) of the said section. ..... 15 of 1939 (pat) (d), and the suit was dismissed by a judgment of the patna high court, the bench consisting of fazl ali, c. j. ..... lal sadananda singh, ilr (1949) cut 139: (air 1952 orissa 99) (a). .....
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