Court : Orissa
Reported in : AIR1989Ori1; 66(1988)CLT774
..... daughter living with the family.' 8. however, there are two bench decisions of this court which have taken the view that a daughter, though married much before the amending act came into force when the definition of 'family' was introduced by the legislature, would come within the ambit of the definition. in neither of the cases i find much discussion for reaching ..... has not done either. so, no tangible discrimination can be spun out.' the court on referring to the definition of the word 'family' in the act, while answering the contention of gender justice and sex security, in para 23 observed that - 'the anti-female link is patent in that the very definition of family discloses prejudice against the weaker sex by excluding .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori66
..... plaintiff, rs. 443 was paid in cash, while, according to the defendant, no cash was at all paid and the suit promissory note was given by way of collateral security. if money had been paid in cash, the amount must have been entered in the account book maintained by a registered money-lender. the production of the account book, if ..... a muchalika (ex. a) dated 4-10-1958 on payment of a salami of rs. 500/-. the suit promissory note was executed at the same time by way of security for payment of the rajbhag paddy. mahant raghunath das succeeded in the aforesaid suit and the defendant had to pay the rajbhag paddy to him and not to the plaintiff ..... presumption was rebutted by the rest of the evidence was always a question of fact. the aforesaid principle applies with full force to the facts of the present case. as has already been said, the presumption under section 118, n. i. act can be rebutted by circumstantial evidence and by presumptions of facts drawn under section 114 (illus. (g) of the .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR254
..... ors.). the scope of administrative action, when becomes quasi judicial, recent shift is to 'fairness' in administrative action, scope of administrative law, vis-a-vis administrative action and duty to act with fairness were discussed. we are afraid the ratio of the said decision is not applicable to the present case.10. the decision reported in air 1982 ori. 266 (satyajit ..... through the averments made in the writ application in between the lines and anlysed the stand taken by the university 3utoritias in their counter. his main contention is that the acts done and or caused to have been done by the university authorities are so arbitrary, whimsical and capricious that the academic career of the students like the petitioners who are .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori182
..... that so far as the former court was concerned, he had not attached 'the decree' in execution and the attachment by him was an attachment before judgment, he replied by force of order 38, rule 11 that the 'attachment before judgment' becomes an 'attachment in execution'. from the report it is not clear whether in the former court' an ..... and alter attachment under the bid code and that there was no apparent reason to think that the legislature intended to after the rule when the new code came into force; and (3) that it is unfair that the decree-holder who obtains an attachment before judgment should have greater indulgence and have a longer period of limitation, to ..... 'in execution of a decree' and is identical with the language used in article 11 (1) of the limitation act. order 38, rule 5 of the civil procedure code prescribes that the defendant in a suit may be called upon to furnish security for the amount of the decree that may be passed and to show cause why he should not furnish such .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ1566
..... with the commandant-general.(2) a member of the home guards constituted for any area shall be liable to serve in any other area in which the act is in force.if section 5 and rule 17 are read and considered conjointly, there is no escape from the conclusion that a home guard when performing duty being called ..... 17. functions and duties. - (1) the home guards shall discharge the following functions and duties namely:(i) to help the police in maintaining law and order and internal security during any emergency when called out for service in aid of the police;(ii) to render assistance during natural and other calamities, such as, earthquake, floods, famine and fire ..... by the commandant-general under section 4 shall have the same powers as an officer of police appointed under any law for the time being in force and in particular he is privileged to perform functions and duties enumerated in the rule quoted above. we are, therefore, of the opinion that an extra judicial .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori131
..... mother and the wife and that after mother's death, the property was to be enjoyed absolutely by the wife. on october 14, 1956, that is, after coming into force of the act, chellamma gifted away her share of the properties to her brother's daughter's son. parvatamma filed a suit against them for recovery of possession of these properties on ..... right that was conferred upon the widow under the document. it was observed that the restriction in the deed of settlement that she could not contract any debt on the security of the property merely set out the legal effect on her estate as a maintenance holder and that it was another way of stating that the widow could have a ..... a settlement of disputes between her and the adoptive son to be enjoyed by her and her adopted son, for life, without right to contract any debt on the security of those properties. she bequeathed those properties to the defendant under a will executed in 1955 and died on 20th august, 1956. that is, after the hindu succession .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori117
..... entitled to separate maintenance.7. mr. b. n. das, appearing for the appellant, strongly relies upon the provisions of the new act 19 of 1946 (the hindu married women's right to separate residence and maintenance act) which came into force on 23-4-1946, in support of his contention that, as provided in clause (4) of section 2 of the ..... him on account of petty quarrels which are incidental to married life generally. the husband, in his turn, is bound to protect her and give her the comfort & security of a peaceful, domestic life. but where the husband is found guilty of desertion or abandonment and the wife is compelled to live away from her husband for justifiable ..... their husbands, if they seek abundant prosperity. (manu).'this is as much a moral precept as a legal obligation. the husband is bound to give his wife the security and comfort of his house and she is entitled to the society and protection of her husband. if neither of these is present and if cohabitation which is the first .....
Tag this Judgment!Court : Orissa
Reported in : 1984CriLJ1402
..... this is an application for issue of writ of habeas corpus directing release of the detenu tulukishore bastia who had been detained under the national security act, 1980 (hereinafter referred to as the 'act'). the petitioner is the wife of the detenu.the order of detention dt. 23.2.1984 (annexure-1) was passed by the district ..... order of detention due to failure on the part of the authorities to supply all the materials, we are constrained to hold that the contention has substantial force. it is well settled that all documents, statements and other materials incorporated in the grounds by reference and which might have influenced the mind of the ..... : 1982crilj1191 , the court dealing with the question observed:what essentially is a problem relating to law and order may due to sudden sporadic and intermittent acts of physical violence on innocent victims in the metropolitan city result in serious public disorder. it is the length, magnitude and intensity of the terror wave unleashed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori214; 87(1999)CLT492; 1999(I)OLR398
..... 6 and 9, we restrain ourselves at this stage holding that it is not the proper stage where the court can embark upon its journey to interfere with the proposed act of the governor to accept the advice and to administer oath to certain persons. certainly, the petitioner can prefer fresh application if upon a wrong advice of the chief minister ..... case of k. anandan nambiar. it has been held that once a member of a legislative assembly is arrested and lawfully detained, though without actual trial under any preventive detention act, there can be no doubt that under the law as it stands, he cannot be permitted to attend the sittings of the house. the power of the writ court ..... with eyes open and not to follow the dictum that justice is blind. it is, however, said that justice is blind but judges are not blind. they are to act with eyes open with constant vigil by which the democracy should be saved and protected.5. considering all the aspects, we have taken notice of the decision of the calcutta .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori16; 94(2002)CLT476; I(2003)DMC438
..... months at jamalpur. during that period the appellant conceived and her husband found that the behavioural pattern of the appellant had completely changed. after some time the respondent secured an employment in rourkela steel plant as a senior operator and preferred to stay with his elder sister in quarter no. b/11, basanti colony, rourkela. but ..... judge, family court by giving a further chance to the husband-respondent to amend the grounds of application to be filed under section 12 of the hindu marriage act and in case such application is filed, the learned judge, family court shall give a further liberty to the appellant to file her objection to the said amendment ..... a position to approve the decree of divorce granted by the learned judge, family court. accordingly the decree of divorce passed under section 13 of the hindu marriage act is hereby set aside.5. at this stage, mr. dhal, learned counsel appearing for the respondent has fervently pleaded that a further chance be given to the .....
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