Court : Orissa
Decided on : Jun-20-2006
Reported in : 2006CriLJ3809; II(2006)DMC624; 2006(II)OLR128
..... entitle the plaintiff to succeed, and every fact which a defendant would have a right to traverse. 'cause of action' has also been taken to mean that a particular act on the part of the defendant which gives the plaintiff his cause of complaint, or the subject-matter of grievance founding the action, not merely the technical cause of action ..... about demand of dowry thereafter. in other words, according to the fir story, no demand of dowry was made at bargarh nor is there any whisper with regard to any act by the petitioners constituting commission of offences at bargarh. in the aforesaid backdrop section 178(c) crpc cannot be attracted to the facts of the present case.9. in ..... .10.2005 by opposite party no. 2 smt. sunita agarwal alleging commission of offences under sections 498a/325/307/506/34 ipc read with section 4 of the dowry prohibition act, bargarh p.s. case no. 512/05 was registered which was subsequently converted to g.r. case no. 993/05 in the court of the sdjm, bargarh. opposite .....
Tag this Judgment!Court : Orissa
Decided on : May-17-2006
Reported in : II(2006)DMC619; 2006(II)OLR181
..... committed do not affect public policy and law and order. in the present case the offences alleged were under sections 498-a/34 ipc and section 4 of d.p. act. the parties having mutually agreed not to fight out the aforesaid g.r. case, this court feels that further continuance of the said case, in the aforesaid scenario, would be ..... party no. 2 decided to dissolve the marriage and to get rid of the litigations and accordingly filed a petition under section 13-b of the hindu marriage act which was registered as civil proceeding no. 147 of 2005 in the court of the judge, family court at rourkela.2. para-11 of the said petition, a copy of ..... parties interse. on the basis of an fir filed by opposite party no. 2 alleging commission of offences under sections 498-a/34 ipc and section 4 of dowry prohibition act, g.r. case no. 673 of 2001 was registered against the husband and in-laws in the court of the sdjm, panposh, rourkela. thereafter both petitioner no. 1 and opposite .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-2006
Reported in : 2007CriLJ958; 2007(I)OLR109
..... registered p.s. case no. 413 of 2005 for commission of alleged offences punishable under sections 498-a/304-b/34 ipc and section 4 of dowry prohibition act.investigation commenced and on police requisition an executive magistrate was deputed to conduct inquest over the dead body. it appears from the case diary produced before this court that ..... the petitioners they should be directed by this court to be released on bail.to fortify his submissions, mr. dhal added that the petitioners and their family members acted in a most normal, reasonable and prudent manner. they called in a doctor at 3 o' clock in the night, intimated the police soon after the doctor ..... the case at hand, the fir was registered for alleged commission of offences under sections 498-a/304-b/34 ipc read with section 4 of the dowry prohibition act.according to mr. dhal, learned counsel for the petitioners, there is absolutely no material, much less any prima facie material, connecting the petitioners with the commission of .....
Tag this Judgment!Court : Orissa
Decided on : Jun-28-2006
Reported in : 102(2006)CLT326
..... 4 were disturbing his possession, to avoid multiplicity of proceedings consequential relief regarding possession was essential and as per the provision to section 34 of the specific relief act, suit for simple decree of declaration of right and title was not permissible. the trial court, therefore, rightly held that the suit was hit under section ..... of civil court is there such court would have jurisdiction to examine a case where the statutory tribunal has not complied with the provision of the act or has not acted in conformity with the fundamental principles of judicial procedure or the order is unfair, capricious or arbitrary. it is, however, to be noted that ..... given by the government and the instructions issued by the board of revenue are intra vires and that provision of appeal and revision is available under the act, the court gave the following guidelines regarding jurisdiction of the civil court in the matter,on the question of exclusion of jurisdiction of civil courts, the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-27-2006
Reported in : 101(2006)CLT281; 2006(I)OLR240
..... resignor.in the decision of balaram gupta v. union of india, : (1987)iillj541sc , the principle laid down in gopal ch. mishra (supra) was summarized as follows;-a complete and effective act of resigning office is one which severes the link of resignor with his office and terminates its tenure.in balaram gupta's case the appellant employee offered to voluntary retire ..... absence of any prohibition for withdrawal of the application before its acceptance the petitioner had every right to withdraw the same in the spirit of section 5 of the contract act. the petitioner has cited clause 6.2. of the scheme which envisages that the vacancies caused by the vrs shall stand abolished. but in the instant case, the said post .....
Tag this Judgment!Court : Orissa
Decided on : Aug-02-2006
Reported in : 2006(II)OLR507
..... court, by order dated 17.04.2003 quashed the order of cognizance so far as it relates to the offence under section 3 of s.c. & s.t. (p.a.) act on the ground that the investigation had been conducted by an officer below the rank of d.s.p. this court, however, directed that the proceeding so far as the ..... , the learned j.m.f.c. again took cognizance under sections 341/323/294/34 ipc read with section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act and issued process against the accused-petitioners. against the order of cognizance, the petitioners filed an application under section 482, cr. p.c. before this court, which was registered as ..... 13.11.1997. the special judge, puri took cognizance of the offences under sections 341/323/294/34 ipc read with section 3 of s.c. & s.t. (p.a) act vide order dated 13.11.1997. on 20.12.2000, the learned special judge made over the case to the j.m.f.c. nimapara to proceed with the same .....
Tag this Judgment!Court : Orissa
Decided on : Jul-17-2006
Reported in : 102(2006)CLT292
..... a public interest litigant. the supreme court cautioned that the court must be careful to see that the petitioner who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private motive or political motivation and/ or other oblique consideration and the court must not allow its process to be abused by ..... various other disputes with regard to the said land, according to the petitioner, have been raised and some of them are pending under the provisions of the orissa land reforms act. the petitioner also submits that t.s. no.. 20 of 2002 was filed by the youth club, bolangir for setting aside the decree passed in t.s. no. 19 ..... /alienation over the aforementioned land and has also sought for a direction to the opp. party no. 1 to dispose of the ceiling proceedings on the orissa land reforms act stated to be pending against the opp. parties 2 to 7 within a stipulated time.2. parties to this writ petition have exchanged their affidavits and when the matter .....
Tag this Judgment!Court : Orissa
Decided on : May-19-2006
Reported in : 102(2006)CLT236; 2006(II)OLR184
..... grant the lease on behalf of her minor daughter and its legal effect; and (ii) the maintainability of the application of the appellant under section 39 of the act. therefore, we cannot accept the contention of mr. sanghi that any error has been committed by the high court -in considering these aspects in proceedings under article 227 ..... in : (1962)iillj360sc the hon'ble apex court has been held that when it appears to an appellate court that no person properly instructed in law and acting judicially could have reached the particular decision the court may proceed on the assumption that misconception of law has been responsible for the wrong decision. the decision of ..... election commission has been vested the superintendence, direction and control of election to conduct the elections of the samitis under section 16(b) of the orissa panchayat samiti act 1959. it may issue general or special order to ensure free and fair election as provided in rule 46(e) of the rules, 1991 but the commission .....
Tag this Judgment!Court : Orissa
Decided on : Aug-30-2006
Reported in : 102(2006)CLT513; 2006(II)OLR651
..... rakhi and the villagers. when the evidence stands in such a manner, the trial court without properly following and assessing the same in accordance with law laid down in evidence act has mechanically endorsed the view that the chain of circumstances are complete so as to prove the charge against the accused. however, on examination of the evidence on record, we .....
Tag this Judgment!Court : Orissa
Decided on : Jan-16-2006
Reported in : 2006(I)OLR215
..... 2003 in criminal appeal no.896 of 2003 hindustan lever ltd. v. the food inspector and anr. and submitted that in the present case the food inspector acted illegally and with material irregularity in applying the standard of skimmed milk powder to 'milkana instant dairy whitener' although both the products were distinctly separate.6. the ..... did not satisfy the standard of skimmed milk powder. it is submitted that 'milkana' is instant dairy whitener and not skimmed milk powder. thus the food inspector acted illegally in filing the complaint and so also the court below taking cognizance of the offences.according to the petitioners, milkana instant dairy whitener was manufactured by m/ ..... case was registered alleging commission of offences under sections 16(1)(a)(i) read with sections 2(ix)(k), 7(ii) of the prevention of food adulteration act, 1954 and rule 32 of the prevention of food adulteration rules, 1955. it was alleged in the prosecution report that the said food inspector had visited the .....
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