Court : Orissa
Reported in : AIR1952Ori220
..... discussing cases which arose with reference to section 270 of the government of india act.to remove the doubts in the legal position before the final decision of the privy council was given and to afford a greater measure of protection to public servants as regards prosecution, the legislature enacted by section 6 of act ii of 1947 (quoting only portions thereof relevant for the present purpose) as follows: 'no court shall take cognizance of an offence punishable under section 161 of the indian penal code, alleged to have been committed by a pubic ..... servant, except with the previous sanction of the provincial government in the case of a person ..... 40, a letter dated the 16th december 1948, from the secretary to the government of orissa, commerce and labour department, to the district magistrate, balasore, was relied on as the requisite sanction. ..... emperor', air 1939 pc 43 and 'h. t. .....
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 on 14-2-1951 the orissa legislature repealed and re-enacted the provisions of the impugned act by another act known as the orissa essential articles control, and requisitioning (temporary powers) act,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 : AIR1952Ori267
..... always, give proper weight and consideration to the views of the trial judge as to the credibility of the witnesses, the presumption of innocence in favour of the accused--a presumption certainly notweakened by the fact that he has been acquitted at his trial--the right of the accused to the benefit of any doubt, and the slowness of the appellate court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses.the rule is that when there is a conflict of oral evidence on any fact in issue the appellate court should not interfere with ..... before any reply was received from the district magistrate, the government of orissa granted a permit to shivashankar on 30-12-49 for exporting 15,000 maunds of kudo from bolangir district.the district magistrate protested against the action of government in granting the permit vithout waiting for his reply to their reference dated 28-2-49. ..... emperor', air 1939 nagpur 13, where a slightly different view was taken and it was held that section 145 of the evidence act should be strictly construed and limited to previous written statements of a witness only. ..... ultimately, the permit issued by the government of orissa for export of 15,000 maunds of kudo was withheld, and a fresh permit for the export of 4,000 maunds was isssued in its place on 21-1-50.it would appear that p. w. ..... the under-secretary to the government of orissa, in the supply & transport department (food), addressed a letter (ext. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori144; 19(1953)CLT382
..... -lenders only-a money-lender shall not be entitled to institute a suit for the recovery of a loan advanced by him after the date on which this section comes into force unless he was registered under this act at the time when such loan was advanced:provided that a money-lender shall be entitled to institute a suit to recover a loan advanced by him at any time in the course of two years after the date on which this section comes into force, if he is granted a certificate ..... he had taken three points on contest: (i) that the suit is not maintainable as the plaintiff has not got himself registered as a money-lender; (ii) he denied the loan claimed and the execution of the promissory note; and (iii) that defendants 2 and 3 are separate, and as such, they are not bound.the learned court below dismissed the suit against defendants 2 and 3 but decreed the suit against defendant 1 for recovery of a sum of rs. ..... section 8 applies to the present caseinasmuch as the loan was advanced, on 18-5-50.there having been nothing to show that theplaintiff has got himself registered within theperiod prescribed under section 8 the suit must failand the objection must prevail. ..... the learned advocate, appearing on behalf of the petitioner (defendant 1) takes up only one point that the suit must stand dismissed on account of the reason that the plaintiff has not registered himself as a money-lender. ..... he relies upon section 8, orissa money lenders act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori17; 18(1952)CLT362
..... they further alleged that by reason of the fact that the mortgagee-defendants had remained in possession from 1919 (the date when the mortgage-debt was incurred by dhunilal) till 1941 (where the plaintiffs took possession) the mortgage-debt must be deemed to have been statutorily discharged by virtue of the provisions of section 17 of the orissa moneylenders' act (orissa act iii of 1939 as amended in 1947). ..... as regards the contention of the plaintiff that the mortgage debt must be deemed tohave been extinguished by operation of section 17 of the orissa moneylenders act, i agree thatthough it may be said that the defendants arein possession as 'usufructuary mortgagees' itcannot be said that they were in possessionunder an usufructuary mortgage 'executed' before or after the act. ..... but in view of the language used in section 17 of the orissa moneylenders act an oral debt cannot be said to have been discharged by the mortgagee's remaining in possession for fifteen years even after the completion of his title by prescription. ..... misra, relying on these two cases is that the plaintiffs should be non-suited unless they proved, firstly, that the defendants are in possession under an usufructuary mortgage and secondly that the usufructuary mortgage in question was 'executed' before or after the commencement of the orissa moneylenders act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori13; 19(1953)CLT168
..... (2) nothing in this section shall be deemed - (a) to preclude the court from ordering the execution of a decree upon an application presented after expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application: or (b) to limit or otherwise affect the operation of article 183 of the first schedule to the indian limitation act, 1908.' 5. ..... (1) where an application to execute a decree not being a decree granting an injunction has been made no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve years from - (a) the date of the decree sought to be executed, or (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree. ..... the learned advocate, appearing on behalf of the decree-holder, very much relies upon the provisions of section 15 of the limitation act and contends that the period during which the execution case was stayed by an order of the appellate court has got to be excluded in the matter of computation of period of limitation of 12 years. ..... air 1939 all 403 fb) seem to us to be very sound and substantial. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori3; 19(1953)CLT81
..... (3) where a decree passed by a court on the 1st april, 1936, or thereafter on the basis of a loan remains unsatisfied in whole or in part on the date on which the orissa money-lenders (amendment) act, 1947, comes into force, the court which passed the decree or the court or ether authority to which the decree is sent for execution shall, on the application of the judgment-debtor exercise the powers specified in sub-section (2) and the decree shall be modified accordingly. ..... rao, thereupon urged that inasmuch as there is no provision in the orissa money lenders act declaring as unlawful a contract entered into by a debtor with the creditor in contravention of any of the provisions of the act, the terms embodied in the compromise petition, which were the basis of the compromise decree in this case were lawful. ..... these provisions (sections 9, 10 & 11) of the orissa money lenders act were based on public policy and were enactedfor the purpose of improving the economiccondition of the debtors, especially agriculturists, who form the bulk of the population. ..... this argument necessitates a closer examination of some of the provisions of the orissa money lenders act for the purpose of deciding whether those provisions were enacted primarily in the private interests of individual debtors or else whether they were based on 'public policy' and in the interests of the public. ..... and berar relief of indebtedness act (xiv of 1939).9. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori354; 19(1953)CLT269
..... appear clearly that the receiver was appointed to carry on the business, or that he did so carry on during the year of account.from the plaint in the suit which was filed in 1941, it appears from paragraph 22 thereof that what was contemplated was to have the property of the firm applied in payment of the debt and liability of the firm, if any, and to have the surplus distributed amongst the partners according to their right and hence to have the accounts adjusted and the 'incomplete parts of the business carried on and ..... in paragraph 27 in (c) and (d) thereof, the relief asked for was for the account being taken and a receive being appointed.under the preliminary decree dated 6-8-43, all that was done was to declare the shares of the parties in a partnership, which should be deemed to have been dissolved from 31-10-40 and to appoint a commissioner for the examination of accounts for the years 1938-39 and 1939-40 and to give certain directions as to how those accounts are to be taken. ..... there the question was whether legal and accountancy expenses of prosecuting an appeal to the board of referees against a decision of the inland revenue commissioners under section 32 of the finance act, 1940, incurred by a tax-payer with a view to reducing the assessment made upon him as a trader for excess profits tax, are to be exempted as disbursements wholly and exclusively laid out for the purpose of the trade. ..... of income-tax, bihar & orissa v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... tenancy act as meaning ..... the discretion should be exercised within the strict limits of the law.49.the above being my view of the nature of the power vested in the government under the court of wards act, 1947 i shall now proceed to examine whether the proprietor of madhupur estate has been guilty of a 'persistent failure to discharge the duties imposed on him by any law for the time being in force', and whether the government acted in strict conformity with the act -- the condition precedent to government's interference being the proprietor's 'persistent failure'.50.the word 'proprietor' has been defined in the orissa ..... 7 in the notice issued to the petitioner by the collector: '3899 mutation cases relating to the year 1939-40 and later were found pending in your office on 2-2-1950. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori51; 19(1953)CLT213
..... on examination of section 94 it appears to me that the act itself governs the relationship between the landlord and the tenant, and that the suit, contemplated under section 94, is a suit when the tenant has been dispossessed by the landlord. ..... without further discussing the question we find that that question does not really arise in the present case in as much as the registered lease-deed which is relied upon by the plaintiff as the document of his tenancy rights is dated 5-11-43 and the present suit has been brought within two years from his title deed, that is, on 26-7-45.6. mr. ..... he found that the disputed lands were not covered by the title-deeds proved by the defendants and that the title of the plaintiff was fully established by virtue of the registered lease-deed of 1943. ..... rao by reference to deposition of the landlord who has been examined as a witness on behalf of the plaintiff that the landlord maintains a register of leases granted by him and that on account of the non-production of that register the lower appellate court ought to have drawn an inference against the plaintiff. ..... the trial court dismissed the suit finding that the plaintiff was not able to prove his title and that the unregistered lease-deed of the year 1939 was suspicious. ..... he based his claim upon an unregistered lease-deed which purported to have been granted by the landlord in his favour on 15-4-1939 and further on a registered lease-deed (ex, 3) granted by the same landlord on 5-11-43.2. .....
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