Court : Orissa
Reported in : AIR1952Ori118
..... decree in ejectment in a suit. such ft contract is invalidated by the provisions of section 69. it is enacted for protection of an ordinary tenantwith regard to his common law rights or the statutory rights conferred upon him in the act. this contention, therefore, has no force. it should, however, be made plain to the learned lower appellate ct. that ..... it is not of a very strong character. it has lastly been argued by mr. p.c. chatterji that in view of the provision of section 69, c. p. tenancy act (act xi (11) of 1898), the piff. would be entitled to a decree in ejectment against the deft notwithstanding the contract set up by him. he relies upon the opening words ..... has not also been properly looked into.in considering this question, it has to be seen when & how the possession of 'lambardur' began, that is, whether it began during the life time of deft. 4's father or after his death. in case it began during the minority of deft. 4 whether it continued till more than three years after he .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori284
..... but meant to prevent famine in the province by preserving plough cattle, so necessary for carrying on agricultural operations' (entry no 20) the mainstay of the life of the society & to maintain health by preserving milch cows (entry no. 14) of the province. there objects could not be achieved except by way of ..... the bounderies of schedule 97 (i) (a). it is contended for the province of orissa that the act is relatable to entry no. 20 of the provincial legislative list which refers to:'agriculture, including agricultural education & research protection against pests & prevention of plant diseases; improvement of stock & prevention of animal diseases; veterinary training & practice ..... not only not the direct object but even not ancillary nor collateral object of the impugned act to interefere with inter provincial trade. the object of the act was to regulate & control movement of commodities essential for the life of the society so as to allow their complete depletion. there is no word of .....
Tag this Judgment!Court : Orissa
Reported in : 1950CriLJ72
..... be used against him as evidence in relation to his complicity in the offence at the trial, that was to follow, he should also, in plain terms, be assured of protection from any sort of apprehended torture or pressure from such extraneous agents as the police or the like in case he declines to make a statement.(v) he should particularly ..... . had not this deficiency occurred, his confessional statement made to the committing magistrate and admitted in evidence in the court of sessions should have been admissible and could have been acted upon in establishing his guilt. under the cireumstances, we have to exclude that as well. mr. government-advocate has invited our attention to the memorandum of appeal presented to ..... ray, c.j.1. the appellants have been convicted of murder and sentenced to transportation for life. the deceased godra jani is to oar tain extent a relation of the appellants having married their mother, the first informant, after she was divorced by their father, dalima praja, .....
Tag this Judgment!Court : Orissa
Reported in : 1949CriLJ650
..... all along and that the keeping has not been terminated by any definite and formed intention on her part to abandon the husband's protection.5. the next question that is argued is that there is no act or oonduct on the part of the accused which amounts to his taking the girl from the keeping of her husband or his ..... be ordinarily drawn unless evidence quite clearly establishes that the minor had formed a definite intention and had abandoned the protection of the guardian either permanently or for a substantial temporary period by setting up her own independent life or seeking and obtaining protection in the de facto guardianship of some other person. in the present case, on the evidence of the ..... at athmallick, but it is said that this mother had left the girl even when she was a small child of about three years and wab living not a respectable life at athmallick and it is also said that during her childhood the girl was actually brought up by her brother-in-law, p. w. 3, who was a havildar .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori300
..... mtgee had special advantage by reason of his position as mtgee. in acquiring them. in the madras case, it was pointed out that section 90, trusts act, affords protection against the mortgaged properties being gold at a disadvantage & prevents certain persons from taking advantage of their position to secure a benefit to themselves in derogation of ..... a mtgea. has now been embodied by schedule 0, trusts act, 1882, in a wider rule dealing with acquisition by tenants for life, co-owner, mtgees & other qualified owners. it was argued before the board that section 63, t. p. act, goes farther than section 90, trusts act, & that the mtgor, would the entitled to treat subordinate ..... the mtgee. which are in the nature of a trust. chapter ix of the indian trust act deals with certain obligations in the nature of a trust & section 90 provides against any advantage gained by qualified owners such as, tenant for life, co-owner, mtgee. & the like. the conditions under which the advantage gained by such .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori339
..... law(i) whether the suit is one within the purview of schedule of the act, &(ii) whether the statutory stay of the suit deprive the ct. in which a suit of the specified nature is pending of this usual jurisdiction & power to protection to the parties by interlocutory preventive orders, such as , issue of injunction, ..... appointment of receiver, & attachment of properties before the judgment &c.;4. the present suit was instituted in the year 1948, that is, after the date of commencement of the amendment act. section 8 reads :3. (i ..... namely, at any rate they did not contemplate that they would make the aggrieved defenceless as against a containing wrong by paralysing the interim machinery of temporary protection. if i assume that the legislature has paralysed & freezed the said machinery, i shall have to assume that the hindu religious endowments comr. has been .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori337
..... itself that she was driven away by krishno within about three months of her marriage with him & also that krishno had died since (prior to her coming under the protection of bhagaban, see evidence of p. w.5). it is not shown that; in this caste the remarriage of a divorced woman or of a widow is prohibited ..... is nothing more than mere opinion which, to be admissible, must be the opinion of persons having special means of knowledge & expressed by conduct according to schedule 0, evidence act. further it is doubtful whether under that section, evidence of non-existence of relationship is admissible. (see the instructive judgment in chandulal v. bibi rhatemonnessa, a. i. r ..... son, the exeroutant of the document, being dead, his statement that the deft, is his legally married wife, is clearly admissible under section 82, cl (5), evidence act. it is not suggested that there was any dispute at the time with reference to which the pltf.'s son made a tendentious statement in favour of the deft. this .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori150; 16(1950)CLT64
..... . the reversioner in such a suit, represents the entire line of reversioners, and his action is one which is aimed at protecting the remainder of the estate after exhaustion of the limited interest of the life tenure-holder. as it is representative in character, even a more remote reversioner can maintain the action, on proof that the ..... by the defendants in this case cannot convey to them any title. the plaintiffs therefore will have a declaration that defendants 1 to 3 are trespassers and their act of dispossession of plaintiff l, from the disputed property is unlawful.22. the question that next arises ia, what reliefs plaintiff 1 would be entitled in return ..... . as regards the larger question raised, namely, whether a.reversioner is a person having interest within the terms of section 91, sub-section (a), transfer of property act, i am unable, with respect, to consider his position or the position of the entire body of reversioners taken as a whole, to be analogous to that of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori261; 16(1950)CLT102
..... must bear some proper and reasonable relation to the provocation given. words may be met by words and fists by fists. but the law will certainly not give any protection to a person who whips out a revolver and shoots because he is abused, even if it be in the foulest language. the explanation to exception a leaves no ..... he has been convicted of an offence under section 302, penal code for causing the death of a dandasi boy named ranka naik and has been sentenced to transportation for life. 2. the case for the prosecution is that on the afternoon of 20th april 1949, the appellant ulla was getting palm fruits plucked from a tree standing on his ..... c. 588: (1946-2 all e. r. 124), 'the law has to reconcile respect foe the sanctity of human life with recognition of the effect of provocation on human frailty.'there may be circumstances which may merely predispose to a violent act but these are not enough to bring the offender within the exception referred to above. the provocation must be an .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori86; 16(1950)CLT209
..... the restrictions are so scaled as to ensure that the execution of the law will not generally entail greater restrictions than are required for such protection, in this respect the act should be more or less self contained so that the person restricted may avail of it, granted, that he is also provided with a procedure ..... and of the state wherein they reside. no state.......; nor shall any state deprive any person of life, liberty or property, without due process of law;......'.the supreme court of the united states started interpreting due process clause protecting personal liberty against delimitation, not only where the agencies of government had no jurisdiction, but where ..... accruing from due process clauses of the 5th and the 14th amendments. the 5th amendment so far as is material contains, 'no person .... be deprived of life, liberty or property without due process of law;.....'. the 14th amendment so far as is relevant, reads:'section i-all persons born or naturalised in the united .....
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