Court : Orissa
Reported in : 1995(I)OLR230
..... ; otherwise the very purpose of saying that proceedings in respect of a juvenile pending in any court shall be continued, shall be frustrated.section 26 provides that in all pending cases it shall be continued in the court it is pending as if that act had not been passed, and it the court finds that the juvenile has committed an hence, it small record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the ..... age of the accused at the time of commission of offence is the relevant age and not his age at the time of trial a combined reading of sections 3 and 56 makes it clear that benefits of the provisions of the act are to be extended to an accused who has already been convicted and imprisoned at the time of commencement of the act. ..... force, the state government may direct that a delinquent juvenile who is undergoing any sentence of imprisonment of this act shall, in lieu of undergoing such sentence, be sent to a special home or be kept in safe custody in such place and manner as the state government thinks fit for the remainder of the period of the sentence and the provisions of this act shall apply to the juvenile as if ha had been ordered by a juvenile court to be sent to such special home or, ..... section 3 clearly provides that when an accused ceased to be a juvenile, an inquiry may be continued and orders may be passed in respect of such person as if he had continued to be a ..... finsbury borough council; (1952) ac 109: (1951) 2 all e. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT530
..... in this application under section 482 of the code of criminal procedure, 1973 the point of law raised is as to whether conducting an inquiry by a magistrate himself or directing police to cause investigation in a case where accused is residing at a place beyond the territorial jurisdiction of the magistrate, before issuing process, is mandatory in view of the amended provision ..... dismiss the complaint if after considering the statements on oath of the complainant and his witnesses as also the result of the inquiry or investigation he is of the view that there is no sufficient ground to proceed against the accused in consonance with section ..... a complaint filed by the present opposite party before the sdjm, nabarangpur alleging commission of offences by the petitioner and four of his co-accused under section 193/197/199/417/418/420/465/471/34 read with section 120-b of the indian penal code and under sections 465/628 of the companies act, 1956, icc no. ..... made distinctly clear that it is neither obligatory to hold an inquiry before issuing process nor to investigate into the case by police ..... ray, in spite of the amendment, the final decision as to whether an inquiry has to be made by the magistrate himself or investigation shall be made by police or not remains the discretion of the magistrate and if the magistrate in a given circumstance, as in this case, after perusing the complaint ..... issue of process to a person complained against and direct an inquiry or investigation into the case. .....
Tag this Judgment!Court : Orissa
Reported in : (1986)ILLJ270Ori
..... by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;(c) any gratuity payable on the termination of his service(iv) any commission payable on the promotion of sales or business or both.from the above, it is clear that subsistence allowance does not come under the purview of wages in this case, subsistence allowance was rs. ..... 547:even assuming that the management was justified in deducting the money order commission, we see no justification in law to take the view that the management, in payment of one month's wages, had any right to deduct the amount on account of the balance famine loan or any such or similar loan it has ..... has not been held that money order commission cannot be deducted out of the wages. ..... 2/- was deducted towards money order commission from the subsistence allowance and not from the house rent allowance was not accepted and the action of the management in discharging ..... 2/-deducted towards money order commission was from the subsistence allowance and not from ..... towards money order commission had been deducted only from the subsistence allowance and not from the house rent allowance' is not correct and the claim of ..... orissa road transport company limited is a company registered under the indian companies act carrying on business of transport having its head office at berhampur, ganjam. ..... ultimately, on completion of the inquiry, he was found guilty and was discharged from service by order dated .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT865; 1994CriLJ3815
..... case if a matter is presented to the special court merely because allegations have been made regarding commission of any offence under the act, but no offence is disclosed, it should act like a mechanical robot and accept the matter for adjudication.7. ..... case the magistrate shall, if satisfied that prima facie materials exist to show commission of offences punishable under the act, return it for presentation to the proper court with an endorsement to that effect ..... accepting the allegations in toto commission of any offence under the act is not disclosed, the applicability of the act itself is ruled out. ..... at hand a complaint was filed alleging commission of various offences punishable under the ipc and section 3 of the act against the petitioners. ..... is raised about jurisdiction of learned sub-divisional judicial magistrate to deal with complaints alleging commission of offences punishable under various provisions of the penal code, 1860 (in short, 'ipc'), along side those punishable under section 3 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (in short, the 'act').2. ..... complaint, (ii) upon a report of a police officer, and (iii) where the magistrate himself comes to know of the commission of offences through some other source. ..... the parent statute which provides for investigation, inquiry, trial, or, otherwise to deal with the ..... will govern the field of inquiry and trial of the case by the criminal court. ..... deals with investigation, inquiry and trial etc. .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR290
..... after evaluating the evidence, both oral and documentary, the trial court held the petitioner guilty, convicted him for commission of offence under section 47(a) of bihar and orissa excise act and sentenced him to undergo r.i. ..... , learned counsel for the petitioner, forcefully submitted that the courts below have not properly appreciated the evidence inasmuch as the mandatory requirements of search and seizure as contemplated in the bihar and orissa excise act were not followed by the prosecuting agency and as such, the seizure should be disbelieved. ..... the petitioner faced trial in the court of learned j.m.f.c, rampur for commission of offence punishable under section 47(a) of the bihar and orissa excise act in 2(a) c.c. ..... after completion of inquiry, prosecution report was submitted against the petitioner. 2. .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT230; 1999(II)OLR620
..... further, it was contended that the petitioner was in no way connected with the commission of the crime as alleged and that she had never directed the driver to involve the truck in any illegal act and that if at all any crime was committed by the driver, the truck will not be liable for confiscation and that the condition of the truck which has been kept in an open space subject to vagaries of ..... 455 on 24.5.1999 at the govindpur outpost and after inquiry the said truck was released in favour of the petitioner which was reflected in s.d.e. no. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT166
..... so crime is an act of commission in violation of law or of omission of a public duty. ..... the court observed as under:the purpose of departmental inquiry and of prosecution are to put a distinct aspect. ..... inquiry was being proceeded ex parte as the petitioner did not appear before the inquiry officer in spite of the notice. ..... the departmental inquiry is to maintain discipline in the service and efficiency of public service.15. .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR532
..... date of the commission of offence is irrelevant for finding out whether the person is a juvenile within the meaning of clause (h) of section 2 of the act. ..... 2264 the apex court while considering the age under the juvenile justice act, 1986 observed as follows: 'crucial date for determining the question whether a person is juvenile is the date when he is brought before the ..... moreover, the use of the word 'is' at two places in sub-section (1) of section 32 of the act read in conjunction with 'a' person brought before it also suggests that the competent authority is required to record the finding by reference to an event in praesenti before ..... irrelevant what was the age of the person on the date of commission of the offence. ..... question that arises for consideration is whether the court entertaining a doubt about the age of the accused as claimed should assess the age on the physical appearance or direct an inquiry to be conducted for determination of the age. ..... therefore, a police officer or magistrate who is not empowered to act or cannot act as a competent authority has to merely form an opinion guided by the apparent age of the person and in the event of forming an opinion that he is a juvenile, he has to forward him to the competent authority at the earliest subject to ..... learned counsel appearing for the petitioner submitted that if the learned sessions judge had any doubt about the age of the petitioner, he should have directed for an inquiry as contemplated in the statute. 3. .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT707; 1995CriLJ387; 1994(II)OLR357
..... the magistrate is said to take cognizance as soon as he as such take-, legal notice, and applies his mind to the suspected commission of the offence, with a view to decide whether he should take such judicial action preliminary to inquiry as is hereinafter mentioned, namely recording a complaint, issuing processes, or ordering a previous inquiry. ..... therein, the learned single judge of this court came to hold that 'taking of cognizance of the offence and directing an inquiry simultaneously are to say the least irregular and illegal'. ..... 149, ipc and also under section 7 of the criminal law amendment act and p.s. ..... 129 a bench of this court observed as under :'taking cognizarce of an offence is a judicial act. ..... 149, 337 and 506 ipc and also under section 27 of the arms act. .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT193; [2005(107)FLR716]; (2005)IIILLJ655Ori
..... while considering the application filed by the management under section 33(2)(b) of the act, has minutely gone into the details of the domestic inquiry conducted by the inquiry officer against the petitioner and as a matter of fact even has gone to the extent of giving a finding on the legality of the said inquiry conducted against the petitioner and has recorded a finding that the inquiry was properly conducted and there was no violation of the principle of natural ..... case of the petitioner is that in order to victimizing and curb his trade union activities, the employer with mala fide intention charge sheeted him on 12.8.2000 for commission of certain alleged misconduct of intimidating an officer of the company within the work premises by exhibiting indecent behaviour etc. ..... matter is remanded back to the industrial tribunal, rourkela which shall deal with the application of the employer filed under the proviso to section 33(2)(b) of the act in accordance with law keeping the observations made above in view and after affording opportunity of hearing to the parties concerned.the writ application is, accordingly, allowed. ..... petitioner alleges that he was not afforded with the opportunity to adduce evidence during the course of inquiry and the inquiry officer holding the petitioner guilty of the charges, submitted a report. ..... also found that sufficient materials were made available by the management before the inquiry officer for proving the charges framed against the petitioner.5. mr. .....
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