Court : Orissa
Reported in : AIR1949Ori1
..... plaintiff such, damages as would compensate him for the losses sustained up to the time of verdict, and to pay him for putting the land in its original state ' where a man suffers in respect of one and the same right, whether of the person, property, or reputation, as the case may be, then if the act is not a continuing act but one over the consequences of which, when done, the doer has no further control, the ..... to render the doer of it responsible for the continuance thereof in cases in which damage is not of the essence of the action, as in trespass, a fresh cause of action arises de die in diem--clark and lindsell on torts.where the wrongful act produces a state of affairs, every moment's continuance of which is a new tort, a fresh action for the continuance lies in which recovery can be had for damages caused by the continuance of the tort to ..... in the second class of cases where the grants are made for the purpose of utsavas it is usual for others to supplement the funds either by making permanent grants of land or money or by yearly contributions towards the celebration of the festival, in the third class of cases where the grants are made for performing archanas in the name of the donor, either ..... of these cults, nominated adwaitacharya or adwaitanand and nityanand to preside over the bengal vaishnabs, and bupa and sanatan over those of mathura: see wilson's ..... 2 on 27th september 1928, whereupon the board of revenue regranted the in am village of jaggilipadaro to defendant 1 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
..... of buying is doubtedly an essential part in the business of trade, but on that account can it be held that a portion of the profits of the business accrued or arose at the place of buying ?the expressions 'accrue' and 'arise' occuring in section 4 of the indian income-tax act have been the subject of much judicial interpretation but for the purpose of this judgment it may be judicial interpretation but for the purpose of this judgment it may be assumed that they both ..... according to the authorities cited by my learned brother, the mere act of buying may in certain cases, as in the present one, be so negligible a part of the operation of the business as not to make any appreciable difference in apportionment of the amount that accrued or arose in british india.i believe in the truism that actual circumstances are of more weight in law cases, as in politics, than abstract theories, however conformable to the demands of reason these latter might be. ..... the sub-section is worded in a manner so as to widen its acetones in the matter of apportionment of the income by expressing its meaning in the negative form, such as, 'a business of which all the operations are not carrieds out in british india. ..... according to the custom of the country, carcasses of animals are thrown into jungle and land out of the way places without skinning. ..... these decisions have been followed in secretary, board of revenue v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori223
..... the madras estates land act defines 'private' land as follows: ' 'private land' means the domain or home-farm land of a land-holder, by whatever designation known, such as kambattam, khas, sir or pannai and includes-- (a) all land which is proved to have been cultivated as private land by the land-holder himself, by his own servants or by hired labour, with his own or hired stock, for a continuous period of twelve years immediately before the commencement of this act;' section 185, ..... baikunthanath', 17 cal 466, which was a case under section 120(2) of the bengal tenancy act corresponding to section 185 of the madras estates land act, the calcutta high court held that the legislature in fixing the second day of march 1883 (first day of july 1898 in the case of the madras estates land act) declared the latest date on which there should be free action on the dart of the zaminda'rs to ..... out the ryoti lands and the 'hetta' lands separately to the mustajars the stipulation being that the rajabhag in respect of the ryoti lands was to be collected in equal shares and the rent from the 'hetta' lands to be paid ..... land lies in its reference to land which'was, at the creation of estates by the mohammedan government, in the direct occupation of the landholder and which was freed from all revenues as remuneration or a part of the remuneration of the zamindar or land-holder ..... act (act iii (3) of 1948) and pleaded that his clients are entitled to protection under the provisions of this act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori169
..... there were some regulations in bengal such as regulation vii [7] of 1822 and ix [9] of 1883 which empowered revenue and settlement officers to refer disputes as to rent and revenue to arbitrators and to exercise control over them in relation to their proceedings. ..... as in india so in england the other party, if he chooses to enforce the contract of reference, has to apply, to the court before whom the suits pending under section 4 arbitration act of 1889 (of england) corresponding to section 34 of the act which has replaced rule 18 of the second schedule of the code, to stay proceedings in the suit this application, has to be filed before defendant takes any steps in the suit. ..... on the date, next following, that is, on 29th september 1948, the learned additional subordinate judge heard the parties and was of opinion that the plea of accord and satisfaction taken by the defendant on the basis of the award obtained pending suit on an arbitration without the intervention of the court was not available to the defendant and set down the case for hearing on merits. 2. ..... would such protest be a braaeh of the covenant to refer, and entitle the defendant to his action for damages against the plaintiff it appears to me impossible to allow more than one proceeding to continue without landing the court and the parties in inextricable difficulties.' 24. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori31; 17(1951)CLT53
..... contention, therefore, is that when, as is in the present case, the place of origin of the transport is to the eastern side of the particular sector of the river concerned and the destination is to the western side thereof, no offence can be said to have been committed even though it offends the government of orissa notification, it being in excess of the ..... therefore, in the case of such a river, with its flow from east to west, its right side is generally the north side and left side is the south side, in the case of a river, meandering in its course, the midstreamline of a particular sector considered independently may be such that its right side lies to its east and the left to its west; but taking the river as a whole, it is on the north aide of ..... before any criminal court situata within the local limits of its jurisdiction for the purpose of satisfying itself.....as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior court and may, when sailing joe such record, direct that execution of any sentence ha suspended and, if the accused is in confinement, ha be released on bail or on his own bond pend the examination of the reoord. ..... , in the particular case, was committed on 16-6-1948, long after the erratum was published. ..... and remembrancer of legal affairs, bengal ..... been convicted by the subdivisional magistrate of nawrangpur under s 7 read with schedule of act xxiv [24] of 1946. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori101
..... tenant.note-(3) if the holder of the village declines to sign his name on the deed aforesaid by way of giving consent, the occupancy tenant may move the ruler through the revenue department by showing the reasonableness of the transfer for obtaining the validating signature and the ruler on being satisfied with the reasonableness of the transaction may pass the order that the deed in question is fit to be validated; the occupancy tenant by obtaining a certified ..... defendant 2's case is that defendant 1 and his son surrendered the suit lands to lambardar gountia on 30.5-1941 who, in his turn, on 31-5-1941 for consideration settled the suit lands and other lands with this defendant and that ever since, he has been in possession of the same. ..... such transfers, though not valid and binding against the landlord for purposes of proceedings for realisation of rent, were always considered to be binding against the transferor and his successors-in-interest. ..... to those matters which are not covered by the enactments applied to the orissa states under sub-para, (a), all laws in force in any of she orissa states prior to the commencement of this order, whether substantive or procedural and whether based on custom and usage or statutes, shall, subject to the provisions of this order, continue to remain in force until altered or amended by an order under the extra - provincial jurisdiction act, 1947 (xlvii [47] of 1947).'9. ..... ha relies upon schedule 0, administration of orissa states order, 1948. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... bengal act xi (11) of 1856 (sale of land for arrears of land revenue act) exempted the vesting of leases of lands, whereon dwelling house had been erected, in the purchaser of an estate, whether permanently settled or not, by ss 37 & 52 of that act ..... agricultural tenants in temporarily settled estates & their rents fixed at the time of revenue settlement........i think that some sort of chandna status should be open to non-agricultural tenants in the permanently settled estates, as to their counterparts in the temporarily-settled estates ,not of course as implying that the rents should be settled at the time of the revenue settlement, but that they should be recognised as tenants under the act, & their rents be liable to be dealt with under schedule ..... provided that if his homestead is held as a service tenure or part thereof & the holder of such tenure ceases to perform the service, he shall be liable to pay such rent for the occupation of the homestead as may be determined by the collector on an application filed either by the landlord or by the holder of such tenure'.explanation: a chandnadar is also a ' ..... , having no arable land in the village pay rent for homesteads only, are called chandinadars and their tenure chandina. ..... & labouring classes having no arable lands in the village but holding only homestead lands and paying rent therefor are called chandnadars. ..... tried to impugn the validity of the settlement of rents of chandnadars and bajiaftidars in the urban area, & referred to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori186
..... is sold in execution of a decree or of a certificate signed under the bihar and orisaa public demands recovery act, 1914, other than a decree or certificate for arrears of rent due in respect of the holding or dues recoverable as such, and neither the purchaser nor the decree-holder is the sole landlord, the court or the revenue officer, as the case may be, shall, before confirming the sale, require the purchaser ..... indicates that there must be actual service of notice on the landlord so as to make it obligatory on him to consider the transferee and other parsons as joint tenants or to take further steps for apportionment of rent, it will be illogical to hold that in respect of the transfer of an entire holding no such service of notice is necessary ..... ever intended that while as a result of the transfer the transferee's liability for rent should arise at once and also should extend to past arrears, his title to the land should be precarious and liable to be defeated by proceedings to which he was not a party, whether such proceedings be in respect of further or past arrears, and that the transferor tenant should be hampered in the freedom of his transfer by ..... schedule 3 of the old bengal tenancy act, 1885 which ran as follows:'when an occupancy-raiyat transfers his holding without the consent of the landlord, the transferor and transferee shall be jointly and severally liable to the landlord for arrears of rent accruing due after the transfer, unless and until notice of the transfer .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori42
..... , the concerned executive authorities, however, have either by their mistaken action or their inaction brought into existence a number of permits already specified in my learned brother's judgment, some before the impugned act came into operation & some after, which considered, in the terms of their grant, can hardly be discriminated from permits, in respect of either a stage carriage or a public carrier's services, issued, transferred or renewed by the provincial transport authority ..... these decisions have been followed in a recent decision of the calcutta high court in 'the commissioner of excess profits tax, west bengal v. ..... it can however, at the same time, be contended logically' against those of the petitioners who secured their permits after 1-2-1948 that notwithstanding what they did or did not do in observing the conditions of the permits they could at any moment be ousted without any rhyme or reason by the provincial ..... public carrier's services in the province of orissa :and whereas it is expedient to authorise the said company to run stage carriage & public carrier's services in the province of orissa, to the exclusion of all other persons in the routes & areas over which it extends its activities & thereby provide for such modification of the said act:' section 2 of the act says that the act shall be construed as forming part of the motor vehicles act, 1939 but that where there is any repugnancy ..... in 'inland revenue commissioners v. ..... 'commissioners of indian revenue v. f. a. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori362
..... character, was regarding the burden of proof, & besides, it also related to the effect of'(1) the insertion of a penalty clause in such document for return of the consideration money plus interest if the vendee is dispossessed from the lands through defect of title of the vendor or otherwise; & (2) the insertion of an express provision postponing mutation of the name of the vendee in the landlord's sherasta till expiry of the stipulated period.'2. the conflict of opinion, ..... emphatically, approving the decision of the board in the case of 'pattabhiramier', that mortgages by conditional sales were to take effect strictly according to the letter in madras & other parts of india where bengal regulation xvii of 1806 was not in force, that is, that in default of payment within the time fixed, the mortgagee becomes the absolute owner of the property ..... cases of transfer of occupancy holdings before they were made freely transferable by the orissa tenancy amendment act, 1938, inasmuch as either the transferee had no right to claim mutation or the same was expensive & uneconomical in view of the fact that on payment of the consideration money the transferee will have to abandon the land & the transferor may unnecessarily have to pay more than the mortgage money by way of ..... in the vendor, of the obligations of payment of rent and public charges of the property ..... it was found that the buyer did not apply for mutation of names in the revenue register till two years after the transaction ..... .....
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