Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... personal liberty of the individual is highly cherished in our set-up giving priority only to the interest of the nation and the security of the state. it is undoubtedly true that in our eastern and north-eastern borders there are some unfriendly foreign powers which, with evil and hostile designs, are constantly seducing political adventurisms and gullible inhabitants of that area ..... and psychotropic substances. the intention of the legislature to make the provisions stringent and to thwart attempts by the accused to slip throug the loopholes is apparent from act 2 of 1989 coming into force with effect from 29-5-1989 which inter alia substituted section 37. the object of enactment of section 37 is to restrict grant of bail in certain .....
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 : 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 : 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 : 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 .....
Tag this Judgment!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 .....
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 : 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 : 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 .....
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 .....
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