Court : Orissa
Decided on : Apr-02-1973
Reported in : 1973CriLJ1686
..... not in a position to offer any explanation for such a situation and in view of the contention of learned government advocate regarding the recording of statements under section 161 of the code of criminal procedure, we decided to examine the investigating officer for satisfying ourselves as to whether there had been a proper investigation. accordingly p. w. 21, the investigating officer, was ..... time enough to have recourse to the protection of public authorities within the meaning of section 99, penal code; and (4) whether the right of using that force extended to the extent of voluntarily causing death....coming to deal with the 3rd paragraph of section 99 of the indian penal code, the learned judge stated-keeping in view the decisions referred to above holding that ..... ;(4) the accused persons had not exceeded their right of private defence of properly inasmuch as the prosecution failed to establish that the accused persons caused the death of the deceased kunar majhi by assaulting him. taking into consideration the injuries found on p. w. 16 the accused persons cannot be said to have exceeded their right of private defence;(5) dukhu ..... had injuries on his person and the prosecution had failed to explain the existence of such injuries which must have been caused in the scuffle said to .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1973
Reported in : 39(1973)CLT253; 1973CriLJ1439
..... obiter than the ratio dicidendi of the case. on the state of authorities referred to above, i would therefore, conclude that in a proceeding under section 145 of the code of criminal procedure, it is open to a magistrate to add new parties and merely because the preliminary order is not modified so as to include the newly added parties, the proceeding is not vitiated ..... the 80.1/2 decimals claimed by him. the 4th party claimed that his father was one of the recorded tenants in respect of khata no. 395 and on his death he was in possession on payment of rent of the area claimed by him.5. parties filed several documents to support their claim of possession. the first party filed four ..... a party in the civil suit, but nevertheless so far as their subsequent impletion in this proceeding and intervening in its inquiry by setting up an independent claim on their behalf is concerned, it amounts to clubbing of two independent proceedings into one, for which there is no warranty in law. further, mere existence of a dispute, assuming there is one, between ..... recorded his satisfaction as to such dispute likely to cause breach of peace, would not empower the magistrate to launch an enquiry into such disputed possession. it may be still open for the magistrate to start a fresh proceeding in regard to the land claimed by the third party members in pursuance of section 145(1), criminal procedure code, if he still feels that apprehension of breach of .....
Tag this Judgment!Court : Orissa
Decided on : Jul-24-1973
Reported in : 39(1973)CLT1062; 1974CriLJ722
..... decision lays down the law in unmistakable terms. their lordships said that 'it was not every offence committed by a public servant which required sanction for prosecution under section 197d of the code of criminal procedure nor even every act done by him while he was actually engaged in the performance of his official duties. but if the act complained of was strictly concerned ..... did not take any action to prevent the atrocity of the police.para 33. x x x x accused no. 2 was : present but omitted to prevent the same being magistrate 1st class.para. 37. that at about 12 noon, the complainant and other persons arrested : in connection with g. r. case no. 107 of 1972 were taken in a police ..... to the s. d. o. complaining ill-treatment by the police and for their medical examination but for reasons best known to him, he rejected the said prayer and thereby caused disappearance of evidence of assault.para. 45. that the complt. could not file the complaint earlier as he was under arrest and after release he went to bhubaneswar to move ..... on oath in paragraph 23 wherein it was stated:the s. d. o. passed some orders on the outer verandah. the police van carrying me and others did not enter into the premises of the s. d. o.'s residence.the other grievances were not referred to in the statement on oath. on a perusal of the complaint petition and the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1973
Reported in : 39(1973)CLT415; 1973CriLJ1435
..... code of criminal procedure against the judgment of the additional sessions judge, sambalpur acquitting the accused in the court below (respondent herein) of the charge under section 302 of the indian penal code.2. the prosecution case, in short, is that on 22-9-1968, by about mid-day, the accused, following a quarrel with his wife, gouri dei, assaulted her with a lathi to death ..... he has convicted the respondent under section 323, ipc considering ..... the prosecution evidence that the death of the deceased was caused due to assaults on her by the accused. he finds that on the evidence on record it is established that the accused assaulted his wife only with m. o. i., a light bamboo pipe one foot long and four inches in girth, meant mostly for blowing air into ovens. on that finding ..... that fact along with other facts and circumstances of the case and the positive evidence of the doctor, p. w. 10, to the effect that the only grievous and fatal injury on the head of the deceased could not have been caused due to a .....
Tag this Judgment!Court : Orissa
Decided on : Apr-02-1973
Reported in : AIR1974Ori21; 39(1973)CLT720
..... convenient and necessary to notice briefly the law pertaining to the maintainability of suits in civil courts in respect of honours in temples. section 9 of the code of civil procedure describes the nature of suits which a court has jurisdiction to entertain. it can entertain every suit of a civil nature excepting suits ..... has recognised certain rights of different grades of devotees and they and their innumerable followers began to cherish them or even to fight for them in criminal and civil courts. this court, therefore, does not propose to reconsider the question of honours on first principles but only will resurvey the law ..... nothing therein which affects the maintainability of a suit of this nature.8. exclusion of the jurisdiction of civil courts is not to be readily inferred. section 9, civil p. c., as it is worded, calls for a liberal interpretation, and conclusion in favour of exclusion of jurisdiction of the civil courts ..... and ceremonies only are not maintainable in a civil court, for they do not deal with legal rights of parties. but the explanation to the section accepting the said undoubted position says that a suit in which the right to property or to an office is contested is a suit of ..... religious offices.it has in effect been held in air 1952 sc 245, (nar hari shastri v. shri badrinath temple committee) that a right to enter into a public place of worship for the purpose of 'darshan' or worship is a right cognizable by the civil courts.in nagiah bathudu v. muthacharry, ( .....
Tag this Judgment!Court : Orissa
Decided on : Jul-31-1973
Reported in : 1974CriLJ955
..... 3scc914 (ram singh v. state of haryana). in paragraph 16 of that judgment their lordships observed thus:x x x x section 4 and section 6 of the act indicate the procedure requiring the court to call for a report from the probation officer and consideration of the report and any other information available ..... prosecution. the state has not filed any revision. the revision has been filed by p.w. 1. a question was accordingly raised whether the criminal revision at the instance of the informant is competent. the question is however, academic inasmuch as the fact having been brought to the notice of ..... nityananda on probation under section 4(1).10. taking into consideration the fact that the parties are near relations and the assault was made on the heat of the moment as stated by the learned judge. 1 set aside the substantive sentence of imprisonment imposed by the learned magistrate and impose a fine ..... directed to be placed under the supervision of the district probation officer, cuttack.though the appeal was allowed in (part as the conviction under section 325 ipc was set aside the learned addl. sessions judge wrote that the appeal was dismissed with the modification in the sentence.3. opposite parties have ..... 1) of the act in accordance with law. section 4 (11 and (2) runs thus4. power of court to release certain offenders on probation of good conduct (1) when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by .....
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