Judgment Search Results Home > Cases Phrase: border security force act 1968 section 99 lunacy of accused Court: orissa Page 3 of about 33 results (0.163 seconds)

Sarada Dei Vs. Khirod Kumar Sahu and ors., Etc.

Court : Orissa

Reported in : AIR1983Ori155

..... disturb possession by receiver, but if the property is exposed to danger and loss and the person in possession has obtained it through fraud or force the court will interpose by receiver for the security of the property. it would be different where the property is shown to be 'in medio', that is to say, in the enjoyment of ..... no. 16 violated any of the terms is a question to be decided. sarada, therefore, does not have a prima facie case nor does she have possession. the alienees acting on the compromise have entered into transactions which cannot be described as null because of 'violently stated vague allegations' (in the words of ramaswami, j.) in the plaint. ..... immediate action and of his own right he must be reasonably clear and free from doubt. the element of danger is an important consideration. a court will not act on possible danger only the danger must be great and imminent demanding immediate relief. it has been truly said that a court will never appoint a receiver merely en .....

Adikanda Behera Vs. Daini Krishna Murthy Patra and anr.

Court : Orissa

Reported in : AIR1983Ori238

..... . the document unequivocally shows that the plaintiff had advanced a sum of rupees 5,000.00 towards repayment of loan by borida service co-operative society and as security, the plaintiff had obtained a document from chaitana panda, the secretary and hadu behera, the president of the society, when he received the order of transfer, ..... no payment before the sub-registrar. the admission of receipt of consideration is proved to be untrue. the presumption arising under section 118(a) of the negotiable instruments act has been rebutted. the prima facie proof of the fact from the endorsement stands demolished. it was open to the plaintiff to explain his admission in ext. ..... balance which was tilted initially in favour of the plaintiff by reason of the presumption under section 118(a), negotiable instruments act, and the presumption under section 60 (2) read with sections 58 and 59, registration act, was finally tipped in favour of the defendants.12. we hold that there was no payment under ext. 1 to .....

Ramakrushna Mohapatra and ors. Vs. Gangadhar Mohapatra and ors.

Court : Orissa

Reported in : AIR1958Ori26

..... superintendent's office and having been signed by the manager of raja mukunda deb subsequent to ext. 2, the presumption under section 90 of the indian evidence act would apply with equal force. the genuineness of this document was not seriously challenged. these two documents were called for from the office of the defendant no. 5, and fee ..... 'e. pramana' and the mark (three flours). tims applying the same analogy this document is clearly admissible and the presumption under section 90 would also apply with equal force. 23. the only other document that remains to be considered is ext. 7. this document is admittedly more than thirty years old. this was produced and proved by ..... all 2-73 (pc) (w),. in that case a family custom alleged to exist among the abhan thakurs of oudh in derogation to the ordinary mitaksbara law in force there, that on the extinction of the line of one of several brothers the descendants of all the other brothers take equally without reference to their nearness to the .....

Dhani @ Dhaneshwar Sahu and anr. Vs. State of Orissa

Court : Orissa

Reported in : I(2008)DMC304

..... the trial court and shall receive the sentence on being called upon during the period of one year and shall maintain peace of good behaviour. the personal bond and security bond by appellant no. 1 shall be filed before the trial court within a period of one month from today. the appellants need not surrender to their bail bonds ..... to assault for a fan and due to the use of provocating words by the appellants by asking the deceased to consume acid in course of assault is certainly a forceful imposition to the mind of kanak @ kamini and quoted as follows:thus, the accused abetted the attempt to commit suicide by kanak @ kamini.it was further held that ..... to commit an offence punishable by this code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provisiom is made by this code for the punishment of such attempt, be punished with imprisonment of any description .....

Registrar of the Orissa High Court Vs. Baradakanta Misra and anr.

Court : Orissa

Reported in : AIR1973Ori244; 1976CriLJ405

..... that province. district judges appointed by promotion from the rank of subordinate judges belonged to the provincial service,till 1-4-1937, when the 1935 act came into force, the appointing authority of district judges was the local government under rule 38. that rule said that all first appointments to a provincial service ..... said triat the history which lies behind the enactment of these articles indicates that control was vested in the high court to effectuate a purpose, viz., the securing of the independence of the subordinate judiciary, and unless the word 'control' included disciplinary control as well, the very object would be frustrated. the word ..... is no less important, perhaps indeed even more important, that their independence should be placed beyond question in the case of the superior judges.' presumably to secure the independence of the judiciary from the executive, the constitution introduced a group of articles in chapter vi of part vi under the heading 'subordinate courts'. .....

The State Vs. Editors, Printers and Publishers of the Newspapers Matru ...

Court : Orissa

Reported in : AIR1954Ori149

..... about the sacrifice of the interests of orissa in hirakund construction. there is also a reference to a company started by sri bijayananda patnaik which managed to secure contracts for sixty or seventy lakhs of rupees at hirakund for construction work and transferred them to a madras firm. in the articles of 'krushak' which ..... be considered and the court must be satisfied that a case for its 'arbitrary and summary interference' had been made out.'these observations apply with great force in thepresent case inasmuch as the political activitiesof sri bijayananda patnaik are closely connectedwith his industrial ventures. in the articles alleged to be defamatory there is a ..... to see that the newspapers do not die out.hence we propose that the people of the country should constitute immediately a committee in order to resist such acts. signature:sri binod kanungo, the editor ofkrushak.sri nityananda singh, the editor ofjanamata.sri nityananda mohapatra, theeditor of dogor.sri k. n. acharya, the .....

St. Catherine Girls' High School, represented through Its Secretary of ...

Court : Orissa

Reported in : 94(2002)CLT524

..... to the school by a registered deed in 1976 and that an amount of rs. 5,000/- was deposited in the name of the school as security deposit. the inspector of schools, boudh-kandhamal circle was always forwarding different instructions and circulars issued by the state government regarding the minority institutions to the petitioner ..... pre-constitution code and naturally did not expressly exclude the minority institutions from its operation. there was some confusion till private management rules, 1980 came into force and the state government issued clarification dated november 19,1982.4. in or around 1991 some questions cropped up regarding the rights of the management of the ..... consistency in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the representation made by him. he must make it good. this principle can have no application to representations .....

Nayan Sundari BewA. Vs. Subash Chandra Behera and ors

Court : Orissa

..... another and that can be done only by the ceremony of giving and taking. the object of the corporeal giving and receiving in adoption in adoption is to secure publicity. to achieve this object, it is essential to have a formal ceremony. no particular form is prescribed for the ceremony but the law requires that the ..... . nabakishore rajaguru mohapatra & others, air 1963 orissa 45 submitted that there were varieties of transactions of open life and conduct on the footing that adoption is a valid act, from the date of the adoption and between the period when it is challenged. according to the learned counsel for the appellant, neither defendant no.1, i.e., ..... witnesses while coming to the conclusion on adoption. but the evidence of such witnesses is not established under the principle as laid down in section 50 of the evidence act and therefore, their evidence should have been thrown out of consideration.j. assuming but not admitting that the deed of acknowledgment of adoption (ext.9) is valid .....

income-tax Officer, Ward-e Vs. Manmohanlal and ors.

Court : Orissa

Reported in : (1988)72CTR(Ori)109; [1988]173ITR10(Orissa)

..... this revision, the petitioner has challenged the order passed by the learned sub-judge, first court, cuttack, rejecting a petition under section 226(4) of the income-tax act ('the act' for short).2. the undisputed facts are that opposite parties nos. 1 and 2 were partners of the firm opposite party no. 3. they were liable to pay ..... 1966-67, the finding of the learned sub-judge was that there was no proof of service of notices of demand on them according to section 156 of the act. mr. mohanty, learned counsel appearing for the opposite parties, urged that the learned sub-judge arrived at the aforesaid finding after scrutiny of documents placed before him by ..... 1986--ito v. manmohanlal : [1987]168itr56(orissa) , held that the civil court had no jurisdiction to investigate as to whether notices for demand under section 156 of the act had been served on the assessees or not. it they wanted to raise the objection that notices of demand had not been served on them, they should have agitated this .....

Jayagopal Mundra Vs. Gulab Chand Agarwalla and ors.

Court : Orissa

Reported in : AIR1974Ori173; 40(1974)CLT213

..... usufructuary mortgage was discharged after the expiry of fifteen years by operation of law under section 17 of the orissa money lenders act, the mortgagee continued in possession on behalf of the mortgagors until the mortgage security was delivered to defendants 3 and 4 or until any hostile animus was exercised. in this case defendants 3 and 4 accepted ..... that the possession of the mortgagee does not become adverse to that of the mortgagor on mere discharge of the mortgage on payment of mortgage dues applies with equal force to the discharge of the mortgage by operation of law.any contrary view will lead to startling consequences which militate against the very object enshrined in section 17 ( ..... appeal. the correctness of the appellate court judgmentwould be examined without disturbing these findings.6. the suit was filed on 19-3-63. the new limitation act (act 36 of 63) came into force on 1-1-64. the learned subordinate judge was clearly wrong in saying that article 64 of the new limitation .....