Court : Orissa
Reported in : 2002(II)OLR599
..... it has been further held that section 6, ipc carves out or stands in the nature of a proviso to section 106 of the evidence act and imposes an obligation on the court as well to consider the case of exceptions on its own in so far as it relates to the burden of proving legal insanity. ..... may have, depending on the facts and circumstances of the case, a serious consequence on the prosecution case when such a plea of insanity is raised by the accused at the trial, as that may give rise to a doubt whether the act was committed with the requisite intention to commit the same. ..... if that is done, it necessarily rules out the possibility of the accused having committed the act attributed to him on account of mental disease or lunacy. ..... he also submitted that in a case of the present nature, it is obligatory on the part of the prosecution to adduce clear, cogent and unimpeachable evidence that the act was committed with a definite mens rea. ..... 1, 5, 7, and 8) on police requisition. ..... , he did not know whether the act was wrong or contrary to law. ..... from the evidence on record, inference could be drawn that the act was committed due to unsoundness of mind of the accused and his cognitive faculties were impaired to such an extent that he could not know the nature of the act done by him. ..... of police, mangalabag p.s. ..... p.w.9 was the person who is said to have snatched away the weapon of offence from the appellant and produced the same before police. ..... (p.w.4) on police requisition. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori262; 68(1989)CLT606
..... property within the grama of the nature hereinafter in this section specified, other than property maintained by any other local authority or the central or state government, shall for the purposes of this act, vest in the grama sasan and shall, with all other properties of whatever nature or kind which may become vested in the grama sasan, be under its direction, management and control, that ..... controlled by the state government shall on the issue of general or special orders made from time to time by the state government in that behalf and subject to the provisions of this act and the rules made thereunder and to such terms and conditions as may be specified in such order, vest in the grama sasan and be under its management, direction and control. ..... (1) the state government may allocate to a grama sasan any public property situated within the grama and thereupon such property shall for the purposes of this act and subject to such terms, conditions, limitations and restrictions as the state government may from time to time impose in that behalf, vest in and come ..... , direction and control, that is to say - (a) village roads,(b) irrigation sources, (c) ferries, (d) waste lands and communal lands,(e) protected forests within the meaning of the indian forest act, 1927 (16 of 1927) and unreserved forests within the meaning of the madras forest act, 1882 (madras act 5 of 1882) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes. .....
Tag this Judgment!Court : Orissa
Reported in : 44(1977)CLT297; [1977]110ITR114(Orissa)
..... these three acquirers of properties had decided to constitute themselves into a hindu undivided family; it was found as a fact that while the petitioner stays at cuttack, his brother and cousins reside at different places in calcutta and the various members of the family are engaged in different income earning activities and are obviously living in separate, messes ; the petitioner had failed to establish by cogent evidence that the properties continued to be ..... the question for consideration was whether the substitution of the assessee pursuant to the order of the high court validated the assessment on him the court found that under the income-tax act he could not be an assessee and, therefore, his substitution pursuant to the orders of the high courtin the civil litigation could not stand as a bar to the challenge of ..... in the petitions before this court, the following assertion has been made by the petitioner :'that the petitioner preferred appeals under section 246 of the income-tax act, 1961, before the appellate assistant commissioner of income-tax, special 'a' range, cuttack, against the said assessments challenging certain items of income adopted by the income-tax officer on mere surmises ..... a common petitioner for quashing of the consolidated order passed by the commissioner of income-tax, orissa, bhubaneswar, in six applications of the petitioner under section 264(1) of the income-tax act of 1961 (hereafter referred to as 'the act') registered as income-tax revisions nos. .....
Tag this Judgment!Court : Orissa
Reported in : 61(1986)CLT649; 1986(I)OLR536
..... circumstances of the case, a serious consequence on the prosecution case when such a plea of insanity is raised by the accused at the trial, as that may give rise to doubt whether the act of violence had been committed with the requisite intention to commit a particular offence and any such failure on the part of the prosecution to collect the evidence and place before the court on the ..... attention to the relevant evidence and his contended that there could be no doubt from the evidence that the appellant was insane at the time of the commission of the case and therefore, his acts would be excepted under section 84 of the code, it has been contended on behalf of the state that the evidence would not warrant a conclusion that at the crucial point of time ..... no material that during the trial or thereafter, the appellant has exhibited signs of insanity, but the evidence would clearly point to the conclusion that the acts complained of had been committed when the appellant was not in a position to understand the nature of his act owing to insanity at the crucial point of time, as would be clear from his conduct during the night of occurrence, on the day following and ..... although there is no burden cast on the prosecution to establish negatively that the accused was not of unsound mind when hecommitted the acts of violence resulting in the death of a person murdered, where the accused has a previous history of mental disease or lunacy and it is revealed during the course of investigation .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR463
..... property within the grama of the nature hereinafter in this section specified, other than property maintained by any other local authority or the central or state government, shall for the purposes of this act, vest in the grama sasan and shall, with all other properties of whatever nature or kind which may become vested in the grama sasan, be under its direction, management and control, ..... grama sasan - (1) the state government may allocate to a grama sasan any public property situated within the' grama and thereupon such property shall for the purposes of this act and subject to such terms, conditions, limitations and restrictions as the state government may from time to time impose in that behalf, vest in and come -under the management and control ..... state government shall, on the issue of general or special orders made from time to time by the state government in that behalf and subject to the provisions of this act and the rules made thereunder, and to such terms and conditions as may be specified in such order vest in the grama, sasan and be under its management, direction and control ..... control, that is to say -(a) village roads,(b) irrigation sources,(c) ferries,(d) waste lands and communal lands,(e) protected forests within the meaning of the indian forests act, 1927 (16 of 1927) and unreserved forests within the meaning of the madras forest act, 1882 (madras act 5 of 1882) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(2)ARBLR309(Orissa); 103(2007)CLT319
..... of submission to the arbitrator;(3) where the court finds that there is an error apparent on the face of the record;(4) if the arbitrator mis-conducted himself by going beyond the arbitration reference and acted in a manner which was not in conformity with law taking extraneous materials into account while passing the award, and last but not the least;(5) where the party is otherwise prevented to present its ..... a decision on matter beyond the scope of submission before the arbitrator;(c) where the court finds any error apparent on the face of records;(d) where the arbitrator misconducted himself by going beyond the arbitration reference or acted in a manner which is not in conformity with law taking extraneous materials into account while passing the award; or(e) where a party is otherwise prevented to present its case.14. ..... in the decision reported in : [1999]3scr490 succinctly it was held that while exercising jurisdiction to set aside an award under section 34 of the act, the court ought to interfere with the award -(a) where there is existence of total perversity in the award and the award is based on wrong proposition of law;(b) where the award deals with dispute ..... facts and various disputes raised before this court, it is necessary to have a glance through the provisions of law dealing.with interference with arbitral awards.section 34 of the act deals with recourse of a party to approach court against an arbitral award and the grounds on which such award can be set aside. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori23; 1969CriLJ301
..... mohapatra for the state contends that though ordinarily the arrest of the petitioner while he was running away after the police firing may not by itself be conclusive that he was a member of the mob, the circumstances under which the mob collected and the petitioner was found running away at a place in close proximity of the mob ..... that the spent-up cartridges recovered from the spot had been fired from the gun of the petitioner by some member of the unlawful assembly, and accordingly convicted the petitioners under section 27 of the arms act, 1959, in course of discussion the trial court disbelieved the identification by the s. d. o. (p. w. ..... a member of the unlawful assembly and was separately charged under section 27 of the arms act as having used the gun himself for firing two shots. ..... question posed is whether the petitioner could be convicted under section 27 of the arms act after he was acquitted of the charge under section 148, i. p. c. ..... positive case of the prosecution is that only one gun was used by the members of the unlawful assembly, charge under section 27 of the arms act:that you todiram mahawat on or about the 22-3-1964 at 2.30 p.m. ..... if the petitioner is convicted under section 27 of the arms act, on the charge as framed, an express finding is necessary that he was a member of the ..... of the three petitioners was that they were not members of the unlawful assembly.the learned courts below convicted todiram under section 27 of the arms act and sentenced him to undergo r. i. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR44
..... he shall have to manage the property, collect the rents and profits arising out of the same and do such acts as the court would direct with regard to application, payment and disposal of such rents and profits. ..... the petitioner has been appointed as the receiver in respect of the three shop rooms and so long he continues as such, he is bound to perform his duties and collect rents and profits of the three shop rooms and act according to the direction of the court with regard to application, payment and disposal thereof. ..... learned counsel for the opposite party drew my attention to section 20(1) (b) of the aforesaid act and contended that a period of five-years has not elapsed since construction of the three shop rooms and, therefore, the provisions of section 5 shall not be applicable. ..... patnaik urged that the civil court cannot determine the fair rent of a tenement because, according to section of the orissa house rent control act, jurisdiction has been vested on the controller for fixation of fair rent. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT266; 2002(I)OLR662
..... , the appellant, while in police custody, made a statement under section 27 of the evidence act and led the police as well as witnesses to his house and gave recovery of the weapon of offence, i.e ..... 11) with regard to the seizure of the knife from the appellant under section 27 of the act and the report of the serologist who has opined that the knife alleged to have been recovered from the appellant contained human blood of 'o' origin, which tallied with the blood group of the deceased, ..... mangulu pradhan alias prafulla pradhan while was in police custody confessed his guilt and had concealed the weapon of offence 'kati' on the backside thatched roof ..... the appellant while in police custody gave recovery of a 'kati', which was seized under section 27 of the evidence act. ..... cross-examination by the prosecution, he has stated :'i have not seen when police arrested the accused persons. ..... was regarded as an eye-witness to the occurrence as well as a witness to the seizure of the kati under section 27 of the evidence act, he did not support the prosecution case in court. ..... was shown as a witness to the seizure made under section 27 of the evidence act, he also did not support the prosecution. p.w. ..... of village banaraghunathpur lodged a report at kabisurya nagar police-station vide ext. ..... has also stated :'it is not a fact that i have stated to the police that accd. ..... de facto complainant informed about the death of the deceased to his relatives and reported the matter at kabisuryanagar police-station. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori177; 1956CriLJ1208
..... pages in the paper book and it gives an exhaustive and interesting account of how the ring-leaders of the gang gradually got into touch with other criminals and bad characters of balasore, cuttack and calcutta and systematically raided the houses of rich persons and committed dacoity after assaulting the inmates, including females, whenever they resisted.the detailed account of the activities of the gang and the accurate description ..... all subsequently participated in erandi dacoity (item 17) on 14-8-50 and were arrested at sadananda misra's house on the next day by the police.the circumstances under which this appellant was arrested at sadananda's place afford the strongest corroboration of the evidence of the approver. ..... thomas as to the constitution of these gangs that some definition be given of what is meant by a person belonging to a gang of dacoits- the preamble to act 24 of 1843 shows that the phrase is intended to designate, not a person who ordinarily lives by honest labour, and who on some occasion has been tempted to join himself to a gang and to take a subordinate part in a robbery committed ..... , evidence of bad character of an accused would be relevant by virtue of explanations 1 and 2 to section 54 of the evidence act, previous conviction would also be relevant as evidence of bad character.but there seems to be some divergence of opinion as to whether evidence of previous conviction of the offence of dacoity alone would be relevant for an offence under section 400, i. p. .....
Tag this Judgment!