Court : Orissa
Decided on : Dec-01-1980
Reported in : AIR1981Ori42; 51(1981)CLT87
..... with him for any sale deed. one narasingh panigrahi falsely represented to her that government would take possession of all the lands for the construction of the medical and engineering colleges as well as hospital and other quarters and it would be very difficult for the defendant to go to various offices and courts to ..... remained inside her house and did not meet the plaintiff. thus, it is to be held that the defendant never took the stand beforehand, nor she acted in any way to show that she repudiated the contract for its non-performance within two months and fifteen days. there is no evidence to show that ..... avoiding to perform her part of the contract. the plaintiff has claimed damages to a tune of rs. 6,000 and for execution of the sale deed.2. the case of the defendant is as follows:-- she has denied the receipt of an advance of rs. 500/- from the plaintiff and to have agreed ..... the house and avoided to talk to the plaintiff. as the plaintiff failed to contact the defendant, he sent another registered letter to the defendant on 11-2-67, but the said letter came back with the endorsement that the addressee refused to accept the letter. it is averred that the plaintiff has been ..... took an advance of rs. 500/-. in the agreement, it was stipulated that the defendant would get the land measured in presence of the plaintiff within 2 months and 15 days from the date of the agreement and execute and register a sale deed and deliver possession of the property to- the plaintiff within .....Tag this Judgment!
Court : Orissa
Decided on : Sep-22-1980
Reported in : AIR1981Ori150; 50(1980)CLT527
..... regard to exercise of powers and the deeming provision therein cannot be extended to make the committee of administrators a committee referred to in sub-section (1) and in terms of the definition in section 2 (c) of the act. the first contention advanced by mr. rath for the petitioner must, therefore, fail.4. annexure 3 is the order of the registrar constituting the committee ..... of administrators. the material part of it reads thus:--'in exercise of powers under section 32(1) (b) of the orissa co-operative societies act, 1962, 'i, shri s ..... been contended that the order under annexure 4 is not open to challenge on either count.3. section 32 (1) of the act authorises the registrar to remove the committee of management on the grounds specified therein. 'committee' has been defined in section 2 (c) of the act to mean,'...... the managing committee of asociety by whatever name called, to which the management of the ..... such actionsas may be expedient in the interests of the society and shall be deemed for allpurposes of this act and the rules and bye-laws to be the committee of such society.' (underlining is ours). relying on the provision of sub-section (2), the petitioner has contended that the committee of administrators which is deemed to be a regular committee of management .....Tag this Judgment!
Court : Orissa
Decided on : Dec-19-1980
Reported in : AIR1981Ori58; 51(1981)CLT125
..... can be no denial that the construction of the first-floor is definitely an addition to the building. considering the provisions of section 273 of the orissa municipal act read with rules 534-b (i), 534-c (ii), 534-d (2), 532 (1)' and 534-e (2) (a) of the orissa municipal rules, it will appear ..... ext. a) submitted by them. the prayer for prohibitory injunction made by the plaintiff was decreed restraining the defendants from making any construction within 45 degree angle and for pulling down the construction already made by them on the first floor of their building facing the window of the plaintiff.the first ..... ignored. the defendants further contend that they have not violated any terms of the compromise entered into in the second appeal. the rule of 45 degree angle can have no application to the present case.3. the trial court held that the compromise entered into in the second appeal was not according ..... in question. according to the municipal rules, the defendants should not make any construction on their first-floor without observing the minimum rule of 45 degree angle from the sill of the window of the plaintiff, but the defendants are carrying on construction in a manner so as to prevent the ..... the defendants from making any construction on the top of their ground-floor adjoining the window of the plaintiff on his first-floor within fortyfive-degree angle from the sill of the window.plaintiffs case is that he purchased a double-storeyed building in 1943 by a registered sale deed and .....Tag this Judgment!
Court : Orissa
Decided on : Sep-29-1980
Reported in : 48STC453(Orissa)
..... that the government of india are advised that cotton sewing thread is covered by the term cotton yarn but not including cotton yarn waste, used in section 14(ii-b) of the central sales tax act, 1956. suitable instructions in this regard have already been issued to all the state governments. we agree that the view expressed by the government of ..... the test deduced from a reference of several authorities are accepted, there has been misapplication thereof and the conclusion, therefore, is erroneous.7. 'yarn' and 'sewing thread' have no definition under the statute and the counsel have agreed before us that the common parlance meaning should be adopted. 'yarn' according to the encyclopaedia americana means :.any textile before woven into ..... processing stage it cannot be said that a new thing has been manufactured. this principle was applied to the case before their lordships and the learned judges held :.although a degree of processing is involved in preparing pineapple slices from the original fruit, the commodity continues to possess its original identity, notwithstanding the removal of inedible portions, the slicing and ..... from cellulose, a plant substance. silk is suitable for silks and wools, both of animal origin; and nylon and polyester are appropriate for synthetics and for knits having a high degree of stretch. 'yarn' has also been given the following meaning :continuous strand of fibres grouped or twisted together and used to construct textile fabrics. yarns are made from both .....Tag this Judgment!