Court : Orissa
Reported in : 1994(I)OLR323
..... testimony of her, conviction rarely based. accordingly prudence required corroboration in earlier cases. but this position has been statutorily superseded by inserting section 114-a to the indian evidence act. if the sexual intercourse is proved and the victim states that she had no consent, accused is to prove that prosecutrix was a consenting patty. the evidence of ..... p. misra, learned counsel for the appellants while arguing the case placing much reliance on the facts that since zarina had not raised any voice in protest, of the act, argued that it could not be said that sexual assault was committed against her wish. this assertion is not born out on facts. from the evidence led by the ..... her with a knife and quieted her. then he dragged her to a place near the tank and ravished her. the appellant no. 2. ashraf thereafter committed same act on zarina and when a police van was seen approaching on the road, these 2 appellants ran away. it is also the case of the bibilina that after zarina .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT172; 1985(II)OLR148
..... instance' is to cause restitution. considering the two phrases in paragraph 23 of the decision in a. i. r. 1680 s. c. 1523 (supra), it was held : ''...prior to amendment act, 1976, an application for restitution under section 144 in all cases had to be made to the court of first instance. even since the ..... , c. p. c. the executing court could not have granted restitution under section 144, c. p. c . in view of the order in civil revision treating the application for amendment as an application under section 144, c. p. c. and the subsequent order of restitution, this question is no longer open to be agitated in this civil revision.7. after ..... view of the notification under section 3(1) of the act and consequently it vacated the judgment and decree of the trial court.4. the judgment-debtors thereafter filed a petition on 24. 11. 1980 for amendment of their application under section 47, c. p. c. on refusal of the prayer for amendment, petitioners challenged the order in civil revision no. 250 .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ80
..... committed such heinous crime.to other offence is under section 4 of the dowry prohibition act, 1961 (in short 'the act, 1961'). 'section 8(2) of that act read with the orissa amendment by orissa act -1 of 1976 reads as hereunder :(2) save as otherwise provided, other offence under this act shall be bailable and non-compoundable.it is thus clear that be it under ..... section 320 so far as the offence of kidnapping and rape of minor girl or offence under section 4 of the act, 1961, are .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT153; 1992(38)ECC148; 1995(75)ELT486(Ori)
..... state of orissa and ors., (1962) 1 s.c.r. 549, deals with the validity of the amended provision of section 14a of the orissa sales tax act. by the said amended provision, the legislature authorised refusal of refund and while upholding the validity of the amended provision, their lordships of the supreme court applied the theory of unjust enrichment. in the absence of ..... any such similar provision in the customs act, we fail to understand how the assistant collector can refuse an application for refund while exercising his power under section 11b by taking .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori9; 52(1981)CLT535
..... dulal cbandra deb barma, air 1980 gau 3, took the view that an order de-termioing question under section 47 passed on or after 1-2-1977 when the amending act came into force, no more amounted to a decree and no appeal lay. it also held that section 97(2)(a) saved only pending appeals. to the same ..... find support from a decision reported in mohan das v. smt. kamla devi, air 1978 raj 127.' the full bench also took note of section 97(2)(a) of the amending act and referring to it pointed out (at p. 48) :-- '..... the expression shall not affect any appeal, in our opinion, does not take within its sweep even the ..... were no more taken as decrees. legislative intention with reference to section 97(2)(a) of the amending act is clear that notwithstanding such amendment, appeals pending on the date of the amending act came into force, were to continue without being affected by the amending act. it necessarily follows that the parliament intended that all matters which are not covered by section 97( .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori273
..... net expressly or by necessary implication modified or abolished by its provisions.'illustration (2) to the section, as it stood before the introduction of the orissa tenancy amendment act of 1938 runs as follows:'the usage under which a rayot in a permanently settled estate is entitled to sell his holding without the consent of his landlord ..... b. section 31, as it stood before the amendment, provided a machinery for compelling the proprietor to recognize a transfer by private sale. section 31 (4) provided that:'save as provided in that section & in sections ..... the auction-purehasers of an occupancy holding in a temporarily settled area. the pltfs. based their claim on schedule 1- b read with schedule 50, orissa tenancy act; and the decision in that case turned round the interpretation of the words 'fees lawfully payable by him at the date of the transfer' occurring in schedule 1 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori61; 1960CriLJ384
..... and affidavits in support of their respective claims and further observed 'that the trial will be according to the amended procedure'. strictly speaking this view of the magistrate is wrong because the amendment made to section 145, cr. p. c. (by act xxvi) of 1956 was not given retrospective effect so as to affect pending proceedings (see section 160) ..... and the case should have been disposed of in accordance with the law as it stood prior to the amendment. but neither party took any objection ..... should have been held in accordance with old section 145, cr. p. c. and! not in accordance with the new procedure laid down in that section as amended and that consequently the final order based on the new procedure is invalid being without jurisdiction. 4. the first contention can be disposed of in a few words. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori87; [1958]9STC31(Orissa)
..... not before the authorities at the time the assessment was completed.this provision is in pari materia with the provision in section 66 (4) of the indian income-tax act, 1922 (act xi of 1922). mr. mohanty in support of this contention, relied upon a decision reported in sohan pathak & sons v. commr. of income tax, e.p ..... mention here that the present clause (2) to article 286 was substituted by the sixth amendment, but the old law undoubtedly will have its application to the assessment year in question. besides, the local act had by the adaptation of laws (third amendment) order, 1951, added a new section as section 30 which lays down :'notwithstanding anything ..... contained in this act (a) a tax on the sale or purchase of goods shall not be imposed under this act:-- (i) where such sale or purchase takes .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori75
..... record of rights prepared under the puri shri jagannath temple (administration) act, 1952.'that act has undergone several amendments. the validity of the amendments brought about by the shri jagannath temple (amendment) act, 1968 (orissa act 17 of 1968) (hereinafter referred to as the amending act) is the subject-matter of this writ application.4. the impugned ..... sevaks, pujaris and such other persons connected with the seva, puja and management thereof. this act was subsequently amended by the shri jagannath temple (administration amendment) act, 1954 (orissa act 1 of 1954). section 3 of the act (orissa act 14 of 1952) has conferred power on the state government to appoint a special officer ..... kinds belonging to the temple. there is also an administrator in whom certain powers are vested. in particular, under section 21-a of the amending act, the control over sevaks is vested in the administrator. section 31 gives wide powers to the committee to make regulations to provide for the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori339
..... amounting to rs. 240. the prayer for in. junction has been rejected on two grounds, namely, (i) that the suit having been stayed under schedule , (orissa hindu religious endowments amendment act (orissa act (xxxi [31] of 1947), the ct has no power to issue injunction; & (ii) that according to the balance of convenience, the petn. has no3. we have to consider ..... we have been forced to put on the section. in our view,, therefore the present suit is not one which shall be considered to have been stayed by the amendment act (xxxi [31] of 1947).7. the next point, for consideration, is that conceding that the suit is within the class of suit which h've been stayed ..... of receiver, & attachment of properties before the judgment &c.;4. the present suit was instituted in the year 1948, that is, after the date of commencement of the amendment act. section 8 reads :3. (i) subject to the provisions of sub-section (2), all suits instituted under the provisions of sub-section (2) of schedule 4 of the .....
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