Court : Orissa
Reported in : AIR1961Ori188; [1962]32CompCas908(Orissa)
..... dated the 19th october, 1949 from the collector of stamp revenue, west bengal.the company then replied in its letter dated 22nd/27th april, 1950 (annexure k) that it was 'taking advice in the matter but at the same time it requested the government of orissa to fill up the transfer deed form at the appropriate places and send it back. ..... again, when the government of orissa enclosed the letter of the collector of stamp revenue west bengal to show that no stamp duty was payable the company delayed the matter further by saying that they were 'taking advice'' in the matter (see ..... i have already shown that apart from the general presumption that every person knows the law of the land especially about far reaching constitutional changes of the type brought about in mayurbhanj, the papers filed by the company itself, namely annexures s-1, t-1 and u-1 show that it was fully aware of the fact that the title in the shares vested in the government of orissa who became the successor in interest of the defunct government of ..... has been recognised not only in the act in table a as pointed out above but also in the corresponding provisions of the english act of 1948 (11 and 12 geo 6, o. ..... every person is presumed to know the law of the land, especially the law dealing with constitutional changes.hence, where there is transmission of title to shares in a company in consequence of a change of sovereignty effected between two high contracting parties which was subsequently given recognition in the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori60
..... dhenkanal state was 14643 square miles in area and the land revenue was only 21/2 lakhs. ..... also be borne by the state of dhenkanal,though the plaintiff has tried to minimise the income from the landed property and stated that the income is very 'meagre, insufficient, fluctuating and uncertain,' nevertheless the evidence of his own witnesses shows that he was able to acquire considerable properties mainly on the basis of the income from these lands and also on the strength of the cash allowance received by him from the state from 1931 till the ..... the total grasp income including the land revenue was estimated 10 lakhs of rupees in 1946-47. ..... when dhenkanal state merged with the province of orissa on 1-1-48 the orissa government as the delegated authority of the government of india exercising powers under the extra-provincial jurisdiction act 1947 made an order known as the administration of orissa states order, 1948, for the governance of the former sovereign states of orissa including dhenkanal. ..... surhrawardy, the then chief minister of undivided bengal for his own use and that there was some litigation about it. ..... he was also getting an appreciable income as monthly rent from these shops and hotels.it was further admitted by p. w. ..... out of this amount education cess of rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori141
..... settlement though the cultivation of the ancestors of the plaintiffs was noted the lands were recorded in the name of shiv charan mohanty as 'chakaran' which is a kind of service tenure, bengal rent act of 1859 (bengal act 1,0 of 1859) recognised two classes of tenants, namely, raiyats on the one hand and under-tenants on the other. ..... it be assumed that from the time of bhourian settlement in 1838-42 up to the date of the passing of the bengal act 10 of 1859 they were in actual cultivation of the lands, they cannot claim right of occupancy until they further show that though the mahantis were the raiyats having a right of occupancy the lands were sublet to them for an indefinite period and not for a term or from year to year--as required in the last portion of the aforesaid section. ..... it is true that the entries in the current settlement records are only presumptive land it was always open to the plaintiffs to show that from its inception, the jagir of mahantis was of the other type, namely (i) grant of land in lieu of service or (ii) grant of rent free concession to a tenure-holder, and that consequently when the service was no longer rendered the land itself was resumed, and the mahantis had no further interest at all in it or else they became ..... the settlement records the landlords' status was not shown as 'stitiban' as in the present case, but they were merely recorded as tenants of the proprietors, holding revenue-free lands on service tenure as jagir. ..... and cess ..... , air 1948 pat 191 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori55
..... decree proceedings, the court had directed issue of notice on the petitioner.though she is a permanent resident of village sabitrapur in the district of midnapur in west bengal where sheresided with her husband and though this address wasgiven in the proceeding upto the passing of the preliminary decree, with a view to keep her in dark and preventing her from objecting to the application for passingof the final decree, which was barred by time, the op-posite party took ..... mukherji does not dispute tnat the notice of the final decree proceedings was not served in the proper address and that by means of fraud the petitioner was kept from the knowledge of her right to object to the passing of the final decree, and of her right to file an application for review of the final decree, and that the time, limited for making the application for review, shall be computed from 27-12-1960 under section 18 of the ..... the learned munsif recorded the following findings:(i) the application for final decree was barred by limitation under article 181 of the limitation act as it had not been filed within 3 years from the date of the preliminary decree, or from the date directing payment of the mortgage money and, that there was an error apparent on the face of the final decree. ..... the orissa high court came into existence in 1948. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori113
..... banamali babu, ilr (1961) cut 451 it was held by the division bench of this court that the arbitrator appointed under the orissa act 18 of 1948 is entitled to award interest to the deprived owner in the manner provided under section 34 of the land acquisition act even though there was no specific provision for interest in that act and such interest was made payable from the date of dispossession till the date of payment. ..... position as appears from the collector's reference to the district, judge under section 18 of the act is as follows :(i) that the public works department took; possession of the land on 28-12-1948 with the consent of the land owners; (ii) that the appellants accepted the compensation amount without prejudice to their right to claim interest; and (iii) that the officer while taking possession of the land did not obtain a statement from the owners that they will not claim any ..... at the stage of the enquiry, prior to the passing of the award, the collector is concerned with the question of area of the land, the amount of compensation that is to be paid for the same and the apportionment of the same among different claimants and in determining the amount of compensation, he has to take into consideration the directives given in section 23. ..... in a case reported in state of west bengal v. ..... in a case reported in revenue divisional officer v. ..... and so neither party can at the same time be entitled both to interest and to rents. .....
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT503
..... thus while hereditary trustees are not entitled to institute suits or other legal proceedings in respect of administration of a religious institution or in respect of any other matter or dispute for determining or deciding which provision is made in the act in any court of law except and in conformity with the provisions of the act, non-hereditary trustees are entitled to enforce the pecuniary or property rights of the institution or the rights of the institution as a beneficiary in the civil court. ..... xi of 1938 will be applicable to all sorts of properties including agricultural lands in the state and the above said act and its amendment shall have the retrospective effect from 1st april, 1937. ..... the deputy superintendent of the debottar department was exercising the powers of the revenue commissioner and the powers of the chief minister in regard to the revenue department were also vested in him (vide clause 1). ..... it is well settled that a permanent lease of temple land at a fixed rent or rent-free for a premium whether the lands are agricultural or building site is valid only if made for the necessity of the institution. ..... thus, action at the time of the grant of the lease even at the time when the administrator exercised jurisdiction in may 1948 in refusing to dishonour the lease was taken under the law and not in exercise of any sovereign power. ..... state of west bensal v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori40
..... right to relief in this case arises out of an alleged breach of contract -- because the petitioner pleads that it has been accepted as the lessee and the state of orissa has committed breach of the contract -- as the action challenged is of a public authority and the impugned act seems to be contrary to fair play and the mischief complained against may not have been possible to be worked out by an ordinary individual but has been possible because the mighty machinery ..... causes beyond the control of the lessee) during the consecutive years of the said term to get from the said lands so much of the said minerals as at the rates of royalty hereinbefore mentioned would produce royalties for those years equal in ' amount to the said certain half-yearly rent payable during that period then and in any such case it shall be lawful for the local government on behalf of the secretary of state at any ..... with section 3 of the act, their lordships have said:--'the contention is that as the grant is of a free-hold estate without any reservation, it must to take effect according to its tenor, be construed as granting exemption from assessment to revenue. ..... western bengal coal fields limited, who is the lessee of the adjacent colliery and who obtained a coal-raisins contract from government in respect of the virgin area was added as opposite ..... minister of pensions, (1948-2 all er 667) applied in india: the crown cannot escape by saying that estoppels do not bind the crown for that doctrine has long .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... other process of a court orwilful breach of an undertaking given to acourt; - (c) 'criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations or otherwise) of any matter or the doing of any other act whatsoever which: (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; (ii) prejudices, or interferes or tends to interfere with the due course of any judicial proceeding; or (iii) interferes or tends to interfere with ..... of pandit sobha ram even his acquittal in a theft case of a buffalo; (ii) tampering of records as in mohendra singh's case and other instances; (iii) engaging of one lawyer in most of such cases of sub-tenants who was the nephew of hon'ble minister of land revenue ..... , the governor may, on his ownmotion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these rules or the rules repealed by rule 33, and, after consultation with the commission where such consultation is necessary- (a) confirm, modify or set aside tne order; (b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the ..... govt of west bengal) their lordships held that power of suspension of district judges vests in the governor who has the ..... spent on drought and flood relief, collection of rent and so ..... . on 24th december, 1948, the district magistrate wrote to the deputy registrar of the high court at lucknow drawing attention .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori37
..... sub-section (9) of section 4 provides:--'with effect from the date of commencement of this act no landlord shall be entitled to recover from his raiyat more than a fair and equitable rent and where in any case rent is paid in kind the revenue officer on application of either of the parties interested shall determine the fair and equitable rent in the prescribed manner and pending such determination the rent payable shall not exceed one-eighth of the gross produce or the equivalent thereof. ..... (b) no guideline is provided in the matter of fixation, of fair and equitable rent and as such unpuided dower has been vested in the revenue officer under section 4 (9) of the act. ..... the scheme of the statute is that raiyats will pav rent in cash only and uniformity of such rent is contemplated by converting the rent in kind to cash rent on the basis of prevailing local rates for similar lands.the petitioners contend that the legislature has contemplated that the determination of 'fair and equitable rent' has to be made in the prescribed manner, but the manner has not been prescribed. ..... state of west bengal. ..... ilr (1961) cut 443, while dealing with the provisions of orissa act xviii of 1948 also noticed the said term to be somewhat elastic and leaving some discretion with the arbitrator. .....
Tag this Judgment!Court : Orissa
Reported in : [1979]117ITR388(Orissa)
..... revenue relied on the following circumstances, namely, (1) the business of the assessee is to manufacture and sell textiles and not to deal in shares ; (2) the assessee had not done any trading transactions in the past; (3) the purchase price paid by the assessee in 1947 was far above the market price ; (4) the assessee unwillingly accepted the shares of east and west which a trader will normally not do; and ..... matter of law or, (2) it has arrived at a finding based on no evidence or where the finding is inconsistent with the evidence or contradictory of it or, (3) it has acted on material partly relevant and partly irrelevant or, (4) where the tribunal drawn upon its own imagination and imports facts and circumstances not apparent from the record or, (5) bases its conclusions on mere conjectures or surmises or, (6) where no person judicially ..... therein would, according to the test enunciated in that case, be a capital expenditure, and that if any expenditure is made for getting an advantage of enduring benefit to the business, that would also be an expenditure of capital nature, and that in the case before them substantial improvements were made in the building and land appurtenant thereto including the compound wall with the sole aim ..... not everlasting, for the assessee's business during the period of thelease; the expenditure was neither 'rent' nor 'premium' and thedepartment was right in treating it as capital expenditure. ..... has formulated certain tests in assam bengal cement co. .....
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