Court : Orissa
Decided on : Aug-11-1966
Reported in : AIR1967Ori89; 33(1967)CLT86
..... from the true owner the deed of sale containing an untrue statement as to the payment of the purchase money but being otherwise reasonable in its terms, and affirmed and acted upon by both vendor and purchaser, and neither champertous nor contrary to public policy. held, that it operated as a present transfer to the plaintiff, giving him a good title ..... this case. admittedly defdt. 7 was in possession till 1955. her possession up to 1955 would enure to the benefit of the plaintiffs. under section 2(8) of the limitation act, 1908, 'plaintiff' includes any person from or through whom a plaintiff derives his right to sue, plaintiffs, in this case, thus establish their possession within 12 years of the suit ..... file a suit for specific performance of the alleged agreement under section 27(b) of the specific relief act, 1877 and cannot take resort to the protection under section 53a of the transfer of property act. he is a rank trespasser and stranger to the contract between the plaintiffs and defendant no. 7 and cannot question the non-passing of consideration under exs .....Tag this Judgment!
Court : Orissa
Decided on : Aug-17-1966
Reported in : AIR1967Ori68
..... by law and is void. it has now been authoritatively pronounced that sections 65 and 70 of the indian contract act have no application to a minor and no refund of consideration can be ordered under those sections. in (1903) 30 ind app. 114 (pc) mohri bibeee v. dharmodas ghose, their ..... the de facto guardian would be a rank trespasser. 5. the next question for consideration is whether the minor is liable to refund the consideration. section 2(g) of the contract act says that an agreement not enforceable by law is said to be void. ex. 1 executed by defendant-2 as the de facto guardian of defendant 1 is not enforceable ..... lordships held that the contract act makes it essential that all contracting parties should be competent to contract and expressly provides that a person who by reason of infancy is incompetent to contract cannot make a contract within the meaning of the act. adverting to section 65 of the contract act their lordships said that it has no application to a case ..... in which there never was and never could have been any contract. in air 1940 pat. 324 (fb) bankey behari pd. v. mahendra pd .....Tag this Judgment!
Court : Orissa
Decided on : Oct-05-1966
Reported in : AIR1967Ori158
..... inapplicable to the case of heirs also who have jointly succeeded to the liability of their deceased ancestor.'on the application of section 43 of the contract act i am clearly of the opinion that in the absence of an express agreement to the contrary it is open to the plaintiff to compel performance ..... any one of such tenants may be sued for the entire rent due to the landlord this conclusion was reached both under section 43 of the contract act which applied to express as well as implied promises and under the general law based on privity of estate. the principle enunciated in the full bench ..... examine the case law at some length.'this decision did not therefore decide the point and cannot serve as an authority 8. section 43 of the contract act so far as relevant runs thus:'43 when two or more persons made a joint promise the promisee may, in the absence of express agreement to ..... 1957 andh pra 688. v sooravya v. kateeza begum this decision cannot be accepted as authority in support of the contention that section 43 of the contract act has no application to coheirs. their lordships said :--'it might be observed that there is some difference of opinion in the calcutta high court itself on ..... by time. this finding is not assailed by mr. mohanty.this does not however, affect the plaintiff's case under section 25(3) of the contract act, an agreement made without consideration but in writing and signed by the person to be charged therewith to pay wholly a debt of which the creditor might .....Tag this Judgment!
Court : Orissa
Decided on : May-16-1966
Reported in : AIR1966Ori228
..... for the promise of the latter to discontinue the criminal proceeding. such a transaction would be opposed to public policy under section 23 of the contract act. the party on whom the onus rests must discharge it by proof of clear and satisfactory evidence. see air 1965 sc 166, ouseph poulo ..... 7-1958 is unenforceable under section 23 of the contract act as the arbitration agreement intended to stifle criminal prosecution; and (ii) the award was not made a rule of the court under section 14 of the arbitration act, 1940 (hereinafter referred to as the act), and, as such, it cannot he relied upon ..... consent of parties, their properties were divided equally by metes and bounds by the arbitrator as mentioned in the award, that the award was acted upon and in accordance with the division sulla and defendant were in separate and exclusive possession of ka and kha schedule lands respectively in their ..... ka schedule land. the parties thus remained in separate possession of the lands allotted to them. the award and the deed of gift were acted upon. (ii) there is no proof that any non-compoundable criminal litigation was pending between sulla and the defendant. there was thus no agreement ..... trial court recorded the following findings:(i) partition was effected between sulla and the defendant only by the award and not by any other independent act; and (ii) certain criminal offences were pending between sulla and defendant and those were sought to be compromised by arbitration agreement. the award given .....Tag this Judgment!
Court : Orissa
Decided on : May-04-1966
Reported in : (1967)ILLJ663Ori
..... followed it was a punitive order. already discussed, in the case of an officiating employee government have simultaneously two powers to effect his demotion, firstly under the rules or contract of service, and secondly by way of punishment. in the latter case it is obligatory on government to launch a regular formal enquiry as contemplated under article 311(2 ..... in this connexion is that this resolution was subsequently withdrawn, by another resolution of the government dated 26 march. 1962. that being so, the first five subordinate judges then acting as additional district magistrates (judicial), though originally junior to the petitioner in the substantive rank of subordinate judges, were senior to him in the rank of additional district magistrate ..... placed under suspension. on 15 may 1984 (on which date he was placed under suspension) alter assuming charge of his office as subordinate judge, sundargarh, he committed further acts of misconduct, namely, gross indiscipline and disobedience of court's orders, gross misconduct in the discharge of duties, causing or attempting to cause disappearance of evidence of taking over ..... rank as subordinate judge.16. the notification as to the reversion of the petitioner was however not without any history behind it. it appears that while the petitioner as acting additional district magistrate (judicial,) was posted at cuttack, he took cognizance on 1 september 1962 of a case under section 341, indian penal code, against two railway employees .....Tag this Judgment!
Court : Orissa
Decided on : Oct-31-1966
Reported in : AIR1967Ori145; 33(1967)CLT232
..... in the land of another but under the system generallv known as bhag, sanja or kata or such similar expression as under any other system, law. contract, custom or usage, personally cultivates such land on payment of rent in cash or in kind or in both or on condition of delivery to that ..... 1)(c) c. p. c. (c) the appellant filed an application on10-3-66 before the competent revenue officerunder the orissa land reforms act, 1960(orissa act xvi of 1960) for declaration ofhis bhag-chasi rights over the suit propertieswhich is pending disposal the civil court hasno jurisdiction to further hear the suit ..... of occupancy in the suit land was hit by section 4(1) (i) of the orissa communal, forest and private lands (prohibition of alienation) act, 1948 (orissa act i of 1948). on the aforesaid findings, he dismissed the plaintiff's suit. in appeal, the learned addl. subordinate judge held that plaintiff succeeded ..... section 16, if the expression 'tenants' in section 16 would be construed in the light of the definition given in section 4 of the orissa tenancy act, mr. mohapatra's contention would be unassailable. therein, occupancy raivats constitute a class of tenants the expression 'tenant' in section 16 must be construed ..... 3. mr. mohapatra raised the following contentions:(a) the lease in favour of the plaintiff creating occupancy right on 11-4-46 is hit by act i of 1948 and cannot create any title in favour of the plaintiff. (b) the learned lower appellate court committed a substantial defect in the .....Tag this Judgment!
Court : Orissa
Decided on : Nov-01-1966
Reported in : AIR1967Ori100
..... on three different dates naturally raises suspicion about the genuineness of the payments alleged to have been made by the plaintiff. that apart, under the contract the balance was agreed to be paid in instalments (dafa dafa) purporting to show that the plaintiff was financially incapable of paying the amount at ..... 2; the contents of ext. 2 were not written by the time the defendant put his signature on it; in connection with the defendant's contract work, the defendant had given the plaintiffs husband blank papers with his (defendant's) signatures and also blank papers with revenue stamps affixed to them ..... in instalments (dafa dafa). on january 3, 1962 the plaintiff without prior notice, filed the suit against the defendant for specific performance of the contract for sale.5. the defence of the defendant-vendor to the plaintiff's suit for specific performance was in substance this: the suit house was ..... s family were staying in the house as defendant'stenants; the defendant also employed the plaintiff's husband in writing accounts of the defendant's contract business.3. on december 6, 1960 there was an agreement between the plaintiff and the defendant under which the defendant agreed to sell the suit ..... opinion, having regard to section 17, read with sections 14, 15 and 16 of the specific relief act, 1877, in such a case the court shall not direct specific performance of such a contract. in the present case, the defendant's sons including two minors having 5/6th share in the suit .....Tag this Judgment!
Court : Orissa
Decided on : Dec-13-1966
Reported in : AIR1967Ori105
..... that the business was a partnership business between the assessee and bhikary ram, though the essential elements necessary to constitute such a concept, under the partnership act, are not present on the record. as such it has been contended that the finding given by the tribunal as to the second part of ..... not correct. the tribunal has not proceeded on the assumption that there was any partnership between the assessee and bhikary ram, as contemplated by the partnership act. all that it has found is that as between the assessee and bhikary ram; there was some arrangement made in consideration of the latter's working ..... out of the said order of the tribunal.' thereupon, the assessee came to this court for reference under section 66 (2) of the income tax act, 1922. this court, by its order dated 23rd july 1964, allowed this application and held that the aforesaid question of law arose out of the ..... in the assessment year 1959-60.' this led to the application made by the assessee for reference under section 66 (1) of the income tax act, 1922. the tribunal by the order dated 18th may 1963, dismissed this petition as well and held that-'the tribunal's decision is based on findings ..... assessee before the department, as found by the tribunal, was that-'tenders in respect of the contract for the supply of stationery articles to the orissa government press were submitted by the assessee firm and that the contract was obtained by the assessee in its own name.' and also that-- 'bills were submitted .....Tag this Judgment!
Court : Orissa
Decided on : Aug-26-1966
Reported in : 33(1967)CLT1091; (1968)IILLJ326Ori
..... the salary, benefits, etc., which he would have earned had he continued in the employ of the master for the full term of the contract, subject of course to mitigation of damages or way of seeking alternative employment.in devendra pratap narain rai sharma v. state of utter pradesh ..... decreed the entire claim. the suit was filed on 10 may 1963. plaintiff is entitled to arrears of salary under article 102 of the limitation act, 1908, which prescribes a period of three years from the date when the wages accrued due. it has now been authoritatively pronounced in madhab ..... conceded that he was unable to show any materials on record that the plaintiff was not validly appointed under section 10(5) of the act during the relevant period. on the contrary, the various documents, referred to above, indicate that at no stage the revenue authorities questioned that ..... single heir according to the general custom and rule of primogeniture governing succession to importible zamindaries in southern india. section 6(1) of the act was challenged before the supreme court as unconstitutional.9. that section had a provision that the appointment was to be discriminated on the ground ..... recalcitrant attitude of the tahasildar who escaped with impunity though he flussed(sic) the orders of the collector and the revenue divisional commissioner. the acts of the tahasildar and the superior revenue authorities are definitely purported to have been done in their official capacities. articles 3 therefore directly applies .....Tag this Judgment!
Court : Orissa
Decided on : Nov-05-1966
Reported in : AIR1967Ori95; 33(1967)CLT379
..... this is the plaintiffs appeal from a decision of the learned subordinate judge, sambalpur by which the plaintiffs (intending purchaser) suit for specific performance of a contract executed by defendant no. 1 bhibhutibhusan sahani to sell the suit property a dwelling house of the defendants' family was dismissed. the other defendants in the ..... any sale deed in favour of the plaintiff.6. thereafter on february 4, 1961 the plaintiff filed the suit against the defendants for specific performance of the contract for sale of the suit house; alternatively, for a decree of the sum of rs. 7300/- against the defendants, for damages at the rate of ..... date of the agreement for a consideration of rs. 6798a which the plaintiff already advanced. it is said that in part performance of the said contract the plaintiff was put in possession of the house.4. under the agreement it was understood that the necessary sale deed will be executed within one ..... and the three married daughters defendants 4, 5 and 6 of parsuram, sahani who admittedly died in 1959. under section 23 of the hindu succession act 1956, the right of the married daughters as included in class i of the schedule is a restricted or contingent right to claim partition of the dwelling ..... by them in any capacity; she is not a party to the promissory notes all alleged to have been executed after the passing of the hindu succession act, 1956; similarly, she is not bound by the mortgage deed ext. 2 d/- april 29. 1957 for rs 3,750/- as not incurred for .....Tag this Judgment!