Court : Orissa
Reported in : AIR1959Ori5
..... section 61 provides a right of appeal to the commissioner against an order of the deputy commissioner and there is a right of suit given to a party who is aggrieved by the order of the commissioner, with a further right of appeal to the high court'.the constitutional validity of the orissa hindu religious endowments act 1939 (as amended by orissa act ii of 1952) was also considered by the supreme court in sri jagannath ramanuj das v. ..... ancillary powers on that officer.that act was amended by the puri sri jagannath temple (administration) (amendment) act, 1954 (orissa act i of 1954} by which finality was given to the record of rights as prepared by the special officer and published in the prescribed manner, subject to the right of the aggrieved party to challenge the correctness of any entry in the said record of rights by an application before the district judge sri lakshman panda, a senior officer of the orissa judicial service, was appointed special officer for the preparation of the record of rights and his ..... the orissa legislature first attempted to control public hindu religious endowments in orissa by passing the orissa hindu religious endowments act, 1939 (orissa act iv of 1939). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori83
..... first contention is mainly based on the preamble to the scheme which is as follows:'whereas the commissioner of endowments orissa and the associate officer appointed by the provincial government in this behalf are satisfied that the institution of sri dakshinaparswa math, puri, with its endowments and branch institutions thereof, cannot be effectively managed under the general provisions of orissa hindu religious endowments act iv of 1939, they after consulting the trustees and the persons having interest in the institution, hereby settle the following scheme of administration under section 38 of the said act.'mr. ..... during the year 1953 the then commissioner of hindu religious endowments held an enquiry under section 38 of the orissa hindu religious endowments act, 1939 (orissa act iv of 1939) (hereinafter referred to as the old act) into certain allegations of mismanagement made against the previous mahant ..... 6 of 1954 (in paragraph 11 of the petition) it was admitted by the mahant as follows :'that the notice of consultation under section 39 of the orissa hindu religious endowments act was served on the agent of the petitioner on 6-1-54 and the advocate of the petitioner attended the office on 11-1-54 and the case was adjourned to 12-1-54 and in spite of objections by the petitioner's advocate a scheme of administration was adopted ..... but as early as the 27th february 1952, the orissa legislature passed another act known as the orissa hindu religious endowments act (orissa act no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori117
..... state of orissa (s) air 1956 sc 432 their lordships of the supreme court pointed out that though by virtue of section 79-a of the new act a scheme framed under the orissa hindu religious endowments act 1939 (orissa act iv of 1939) (hereinafter referred to as the old act) shall be deemed to be a scheme framed under the new act, it was open to the aggrieved party to attack the scheme on any of the grounds available under the present law.3. ..... the main question for consideration in this application is whether the various detailed provisions made in the scheme dated 14-1-1954 settled by the endowment commissioner, orissa and his associate officer for the administration of dakshinaparswa math, are invalid as either offending the constitution or the relevant sections of the orissa hindu religious endowments act 1951 (orissa act ii of 1952) (hereinafter referred to as the new act).in sadashib prakash v. ..... for the aforesaid reasons, though the prayer of the petitioner for quashing the scheme is rejected, the commissioner of endowments is directed to modify the scheme according to law, as indicated above bearing in mind the provisions of the new act, the observations in this judgment and those in the judgments of the supreme court in 1954 scr 1005: (air 1954 sc 282); 1954 scr 1046: (air 1954 sc 400) and 1954 scr 1055: (air 1954 sc 388) after giving the petitioner an opportunity to make his representation. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori283; 24(1958)CLT366; [1958]9STC663(Orissa)
..... for the quarters ending 31-12-50 to 30-9-51, 31-3-52 to 30-9-52 and 31-3-53 the assessing officer assessed the dealer and disallowed the deductions claimed by him under section 5 (2) (a) (ii) of the orissa sales tax act.but the appellate authority allowed them as claimed by the dealer in pursuance of the orders of the board of revenue in the case of khemchand chandanmal of balangir on the ground that the deduction was legal till the amendment of the provisions of the orissa sales tax act on 26-11-51. ..... sub-section (2) of section 33 of the indian income-tax act (before the amendments of 1939 and thereafter) stated in express terms that the power of review given to the commissioner was 'subject to the provisions of this act'. ..... ' used in section 23 (3) and as there is a limitation provided under a specific section of the act this must be taken to apply to the case of reassessment by virtue of the exercise of the power of re-assessment in revision also and rule 54 of the orissa sales tax rules does not and cannot give any greater power to the collector exercising revisional authority than what is granted under the act itself.the collector cannot by virtue of that rule which says that the collector may, of his own motion, at any time within one .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori74
..... to specifically enforce a contract between the parties was not affected by the provisions of the registration act.in a suit brought under the provisions of the registration act the only question to be determined would be to see whether the kabala in respect of which registration has been refused is a genuine one or not and in a suit of this nature for specific performance the court may look to various other conditions in order that he may exercise his equitable jurisdiction to enforce such a contract.the old decisions on the point are no longer good ..... 30/- by the plaintiff and further that the kabala executed afresh by the court on behalf of the defendants which is the basis of the title of the plaintiff is not valid as being without jurisdiction inasmuch as in the previous suit the prayer was for getting the document, already executed by the defendants, registered, and on the refusal of the sub-registrar to get that document registered on the ground of limitation, the court had no further jurisdiction to execute a kabala on behalf of the defendants. ..... 1, who alone contestedthe suit, put forth the defence only on the ground that the plaintiff was never in possession of the property in dispute in spite of having obtained a decree in the year 1939 and further that the plaintiff, did not raise the crops.this defence put further in the present suit that the kabala executed by the court in pursuance of the decree in suit no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori38
..... in this set of circumstances and facts very clearly arising in the case which have not been considered by the lower appellate court in admitting the secondary evidence, we feel not bound by the finding of the lower' appellate court for the additional reason also that some of the observations made by the lower appellate court are conjectural. ..... it is very well known that it is certainly not the function of the court to fill up the latches or the lacuna in proof of the case of the party unless he is fully satisfied that there was sufficient reason which prevented the plaintiff from taking proper steps to prove his case. ..... unless the landlord wascompetent to lease out the land on the extinction of the tenancy right of the defendants, the plaintiff cannot have any title to enforce in a suit forejectment of the present appellants who admittedly were the tenants in respect of the holdings. ..... the trial court who had discussed the evidence adduced on behalf of the defendants including the oral evidence of several witnesses had come to the finding that the defendants were exercising physical acts of possession ever since 1933. ..... 7, however, brought a suit for redemption (which was numbered as title suit no.22 of 1939) against the mortgagee alone; the sumssecured by the mortgage was only rs. ..... 221 of 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori50; 1959CriLJ358
..... 72 or of the other provisions of the act the statute does not expressly say that the court may presume owner's knowledge.if the intention of the legislature was that the owner must be held vicariously liable for contravention of any of the conditions of the route permit by the driver, they would surely have inserted provisions similar to sub-section (4) of section 72 in section 42 of the act.the absence of any such provisions leads to a reasonable inference that the legislature intended that the general rule that the prosecution must prove all the ingredients of the offence ..... beyond reasonable doubt, would apply when an owner is prosecuted for an offence under section 112 or 123 of the act.hence, in the absence of any evidence to show that the owner knew, or connived at the action of the driver in taking the vehicle through bamur-kishorenagar road or in carrying more .....
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 : AIR1959Ori65
..... rao learned counsel on behalf of the respondent, on the contrary, contends that the scheme of the civil procedure code regarding the investigation of the claim and the resistance to the delivery o possession to the decree-holder or the auction-purchaser being the same article 11 of the limitation act should apply since both the sets of rules contemplate investigation and ..... and the two main questions raised before him were (1) whether the findings of the trial court that the plaintiff's husband had severed the joint family status with defendants 4 and 5 were correct, and(2) whether or not article 11a of the limitation act applies to the facts of ..... was that there had been no severance of the joint family status between the plaintiff's deceased husband and defendants 4 and 5 and consequently defendants 4 and 5 became full owners of the holding after the death of the plaintiff's husband which admittedly took place long before the hindu women's rights to property act came into force. ..... rai lal bahadur, 45 ind cas 189 : (air 1918 pat 376), the patna high court took the view that since one of the plaintiffs was present the order of dismissal amounted to a decree and was not one of dismissal ..... the first petition under order 21, rule 90 was dismissed for default and the second petition which was filed on 27-3-1939, was substantially dismissed for non-prosecution, on 28-2-1940, thereafter tho plaintiff filed the present suit on 3-2-1950, claiming partition of the ka schedule property and mesne .....
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 .....
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