Court : Orissa
Reported in : 2000(II)OLR603
..... . a short point of law has been raised before this court. attention of the court has been drawn to section 69 of the army act, 1950. it is provided that subject to the provisions of section 70, any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an ..... detained in military custody.3. in view of the section 475 of the code of criminal procedure there is scope for delivery to commanding officers of persons liable to be tried by court-martial. it envisages that the central government may make rules consistent with this code and the army act, 1950 and any other law, relating to the armed forces ..... offence against this act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, .....
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..... furnish the particulars of the device involved in the production of that record; (d) the certificate must deal with the applicable conditions mentioned under section 65b (2) of the evidence act; and (e) the certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device. ..... a document, i.e., electronic record which is called as computer output, depends on the satisfaction of four conditions under section 65 b(2). xx xx xx 14. under section 65b (4) of the evidence act, if it is desired to give a statement in any proceeding pertaining to an electronic record, it is permissible provided ..... it is held as follows: 13. any documentary evidence by way of an electronic record under the evidence act, in view of sections 59 and 65a, can be proved only in accordance with the procedure prescribed under section 65b. section 65b deals with the admissibility of the electronic record. the purpose of these provisions is to sanctify secondary .....
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..... the previous agreement has to be also discharged by the petitioner notwithstanding the cpp agreement vide annexure-6 was executed. it is relevant to submit that as per section 45, the opposite parties-wesco, the distribution licensee, is empowered to recover charges so fixed in accordance with the method and principle as may be specified by the ..... terms of earlier agreement was no.disconnected due to any default on the part of the petitioner. in absence of any provision either under the electricity act, 2003 (for short the act ) or the oerc code for recovery of minimum monthly charges during a period when an agreement was no more in existence, the impugned demand is no ..... with effect from 1.8.2011.2. facts culminating in filing of the writ petition are as follows: 2 2.1 petitioner, a company registered under the companies act, 1956, is engaged in manufacturing of sponge iron and generation of electricity by a captive power plant (cpp). 2.2 the petitioner and wesco entered into standard .....
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..... been delegated by government of odisha in home department order no.2565/c dtd 3rd october, 2013 to exercise the powers conferred under sub-section (2) of sec. 3 of the national security act 1980. whereas i am satisfied after examining the material evidences submitted by the superintendent of police ganjam, chatrapur vide letter no.3220/ib ..... the state-opposite party nos.2 to 6 submitted that the petitioner has no.submitted any representation pursuant to the order of detention passed under section 3 of the ns act. on the basis of the letter given by opposite party no.4-superintendent of police, ganjam indicating criminal activities and incidents of the petitioner- ..... .2013.3. learned counsel, mr.dipti r. mohapatra appearing on behalf of the petitioner submitted that in order to justify petitioner s detention under section 3 of the ns act, opposite party no.3 has referred to certain cases and station diaries made at rambha police station against the detenu which reveal cognizable offences. in .....
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..... their case is that they are teaching staff of sukinda college, sukinda in the district of jajpur. it is an aided educational institution under section section 3(b) of the orissa education act, 1969 (in short the act .). they were appointed on 19.12.1992 as demonstrator in chemistry/physics and became eligible to receive grant-in-aid w.e.f. ..... the limits of its economic capacity. the state government has also made the grant-in-aid order, 1994 under sub-section (4) of section 7-c of the orissa education act clearly indicating the relevant factors to be taken into consideration for deciding the eligibility of an educational institution or a member of teaching or ..... of the state policy in articles 41 and 46 of the constitution, the legislature has imposed a mandate on the state government under sub-section (1) of section 7-c of the orissa education act to set apart a sum of money annually for being given as grant-in-aid to private educational institutions in the state subject to .....
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..... transaction, or persons accused of different offences committed in the course of the same transaction may be charged and tried together. applying the provisions of sections 3 and 4 of the act and sections 220 and 223 of the code of criminal procedure, it must be held that the appellant and his co-accused may be tried by the special ..... judge while the remaining conspirators who are also charged of the same offence will be tried by another court, because they are no.charged of any offence specified in section 3 of the act.16. reliance was placed by the respondent on the judgment in union of india v. i.c.lala, (1973) 2 7 scc 72 : 1973 scc (cri ..... distinguishable inasmuch as in that case apart from the two army offers, even the third appellant who was a businessman, was charged of the offence punishable under section 120-b ipc read with section 5(2) of the act. such being the factual position in that case, section 3(1)(d) of the relevant act was clearly attracted. in the instant case he submitted .....
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..... is that in course of verification of documents on 02.01.2013 it was explained that the surname of the petitioner has been all along accepted and acted upon as mohanty . from his childhood in all his school, college and all official documents. the petitioner has also furnished copy of his matriculation certificate ..... the names of other applicants and his name has no.been registered. to ascertain the correctness of such information, the petitioner has submitted an application under rti act on 03.01.2013 seeking information from opposite party no.2 as to whether or no.his name is 4 registered as approved supplier for the ..... dated 21.10.2012 inviting applications in plain papers from intending suppliers/firms/co-operative societies/contractors/corporations, who are registered dealers under the orissa value added tax act, 2004 and have valid vat clearance to register their names as approved suppliers for supply of principal food grains and other miscellaneous articles including vegetables, meat, .....
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..... writ application.4. assailing the said order dated 4.12.209, mr. digambar mishra, learned counsel for the petitioner submitted that a power of attorney holder can appear, plead and act on behalf of the party, but he canno.become a witness on behalf of the party. he can only appear in his own capacity. per contra, mr. trilochan nanda, learned ..... the code of civil procedure (for the sake of brevity cpc .) order-iii 1. appearance, etc., may be in person, by recognized agent or by pleader.- any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law ..... for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader(appearing, applying or acting, as the case may be,) on his behalf: 3 provided that any such appearance shall, if the court so directs, be made by the party in person.2. recognized agents .....
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..... are being disposed of by this common judgment.2. the facts leading to the present appeals are as follows: an application under section 13 of the hindu marriage act (hereinafter referred to as the act .) was filed by the husband for decree of divorce. the marriage took place in the year 2009. the husband is an ..... can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498-a ipc presents difficulty because the said offence is no.compoundable. the court has always adopted a positive approach and encouraged settlement of matrimonial disputes and ..... predominantly bear civil flavour like those arising out of matrimony, particularly relating to dowry, etc. or the family dispute and directed that though offence punishable under section 498-a ipc is no.compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of .....
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..... are being disposed of by this common judgment.2. the facts leading to the present appeals are as follows: an application under section 13 of the hindu marriage act (hereinafter referred to as the act .) was filed by the husband for decree of divorce. the marriage took place in the year 2009. the husband is an ..... can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498-a ipc presents difficulty because the said offence is no.compoundable. the court has always adopted a positive approach and encouraged settlement of matrimonial disputes and ..... predominantly bear civil flavour like those arising out of matrimony, particularly relating to dowry, etc. or the family dispute and directed that though offence punishable under section 498-a ipc is no.compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of .....
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