Court : Orissa
Reported in : 1996CriLJ1014; 1995(II)OLR212
..... petitioner has prayed for bail in anticipation of his arrest in connection with cantonment p. s. case no86 of 1995 under section 498a, 1pc and section 4 of the dowry prohibition act.1961.i have heard sheri b. m. patnaik. learned counsel for the petitioner, learned advocate-genera i for the state and shri b.. h. mohanty learned counsel appearing ..... fault. i have not been able to appreciate as to how the said affair is relevant for the case under section 498a, ipc and section 4 of the dowry prohibition act, 1961. the petitioner in any case by no stretch of fertile imagination comes to the picture so far as the alleged carnal intercourse is concerned. 4. let me ..... offence of cruelty on a woman which is punishable with an imprisonment for a term which may extend to three years. section 4 of the dowry prohibition act, 1961 deals with penalty for demanding dowry and the offender shall be punishable with imprisonment for a term which shall not be less than six months, which may extend to two years .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)DMC80
..... dismissed the appeal and confirmedthe order of conviction and sentence passed by the trial court against him.the petitioner was convicted under section 4 of the dowry prohibition act,1961 and sentenced to undergo imprisonment till rising of the court and to paya fine of rs. 5,000/- in default to undergo simple imprisonment for ..... mohanty v. the state of orissa) which was a case under theprevention of corruption act. but the spirit of sanction contained in section 6of the prevention of corruption act is the same as in proviso to section 4 ofthe dowry prohibition act, 1961 before its amendment. this principle appliedby the supreme court as well as by this ..... court squarely apply to the case underthe dowry prohibition act in the matter of sanction.10. in the present case .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori1
..... give away an idol which could not be the subject of transfer, and banerji j. lent the weight of his authority to the statement that there is no absolute prohibition against the gift of an idol. an idol is not mentioned as an unfit subject, of gift by hindu lawyers in their enumeration of what are and what are ..... other privy council decision where the swetambari sect of jains placed 'charans' in three of the shrines, the digambaris, the rival sect, refused to worship and section 23 limitation act, was held to be applicable. it should, however, be observed that there was no interference with the sight of the digambaris to worship. the proposed gate way was no ..... that is advanced in this case was repelled by their lordships of the judicial committee), the argument being that in view of the 'infancy of the plaintiffs the limitation act does not prevent their suing to enforce their individual right to go upon the property. the case cannot, therefore, be of any assistance to the plaintiff.19. i .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
..... of thikadar' -- the incidents of a protected status granted under section 65a of the central provinces land revenue act, are laid down as follows: '(a) the tenure shall be heritable, but not transferable by sale, gift, mortgage or dowry. it cannot be partitioned and (saving any arrangement to the contrary now actually in force) it devolves on ..... if any, but also joint or separate enjoyment of the 'sir' and 'bhogra' lands appertaining to the tenure, or any other emoluments arising therefrom; (v) the prohibition against partition only attaches to the tenure, as such, namely, the right to collect rents and the privilege of representing the tenure before the landlord and the liability to ..... pay the thikadari rent to him; (vi) as a result of this prohibition, in case the thikadari tenure, as such, is forfeited on account of nonpayment of the rent, the tenure as such lapses, but not to the detriment .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori36
..... -established is that where a provision of law is enacted for the benefit of a person, non-compliance with it is merely an irregularity, but where the prohibition is intended for the benefit of a class of persona or is based upon public policy the enactment is always to be regarded as mandatory. in the case ..... therein. can it be maintained, then, in such circumstances, that the bale was either a nullity or a sale inoperative as a sale under the bengal tenancy act.'thereafter his lordship while examining the scope and object of section 158b, defines the line of distinction between cases in which non-observance of oertain rule of procedure ..... both the courts below have decreed theplaintiff's suit finding that as an action purchaser,in execution of a rent decree, he acquired theholding under section 212, orissa tenancy act, and,as such, be purchased it free from all encumbrances, the disputed mortgage being one suchencumbrance. the defendants have come up insecond appeal. 3. the crucial point .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... that to allow the provinces to impose a levy on income under the name of a 'fee' is to permit by an indirect method, what is prohibited directly.40. while the argument is plausible, there are other considerations which must determine the question. in cases, where undoubtedly the re is overlapping, the validity ..... an appeal by the plaintiffs from the judgment of the district judge of cuttack dismissing their suit for a declaration that the orissa hindu religious endowments act, 1939 (orissa act, iv of 1939) was ultra vires of the orissa legislature and for other consequential reliefs. the appellant plaintiffs are all mahants of various maths ..... in thinking that the contribution is for services rendered. the legislature has the right to think that the endowments which are within the scope of the act require to be kept under effective administrative supervision to provide against mismanagement. such administration to provide against mismanagement would undoubtedly constitute a service to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... produced before such court which seems to imply that the document constituting the proof has to be produced along with the institution of the proceeding. the section prohibits a court from entertaining a suit or proceeding unless the conditions are satisfied. it is not possible to construe the word 'entertain' merely as meaning the ..... an extraordinary issue of the orissa gazette the notification reads:'in exercise of the powers conferred by sub-section (3) of schedule , orissa house kent control act 1947 (act v [5] of 1947), the governor of orissa is pleased to direct that it shall come into force in the areas specified in the schedule annexed hereto ..... is more reasonable, more consistent with ordinary practice, and less likely to produce impracticable results. sulaiman j. observed at p. 37 as follows :'undoubtedly an act in its operation may be retrospective and yet the extent ot its retrospective character need not extend so far as to affect pending suits. courts have undoubtedly leaned .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori237; 18(1952)CLT271
..... to all arrangements either by way of division of title or of allotment by way of convenient enjoyment. it is argued accordingly that this specific saving implies a specific prohibition for the future in respect of all classes of arrangements whether by way of partition of title of tenure or by way of allotment for separate enjoyment as a matter ..... -share out of item (1) of schedule a for the purpose of the plaintiff's maintenance, is really only a partition contrary to the prohibition under section 65-a, sub-section (4) (a), c. p. land revenue act of 1881, is not correct and cannot be sustained. section 65-a, sub-section (4) (a) says in respect of a protected thekadari ..... for a six-anna-share out of item (1) of schedule a for the maintenance of the plaintiff is opposed to the legal prohibition contained in section 65-a. sub-section (4) (a), c. p. land revenue act. we are accordingly of opinion that the decision of the courts below in directing the execution to proceed is correct.4. the appeal .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori260; 18(1952)CLT284
..... the ground that it contravened the provisions of sub-section (1) of section 297 of the government of india act, 1935. that sub-section prohibits any ban on inter-provincial movement of goods either by an act of the provincial legislature or by an executive order. clause (vii) of the impugned order however expressly refers ..... down any comprehensive formula to define it, but it should be recognised that the rule against abdication does not prohibit the legislature from employing any subordinate agency of its own choice for doing such subsidiary acts as may be necessary to make its legislation effective, useful and complete.'9. taking clause (a) of section ..... of delegation of legislative power. section 52 enumerated in a series of sub-sections what were prohibited imports for the purpose of the act. sub-section (g) however was as follows : 'all goods the importation of which may be prohibited by proclamation'. thus authority concerned (the governor-general in council) was given an unfettered .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... fee of four annas on each petition filed by his tenants, in contravention of section 84 of the act.(iii) he contravened the provisions of section 3 of the orissa forest, communal and private land (alienation of prohibition) act, 1948, by leasing out gochar lands in mouza kus-thira, bausakanta and madhupur and by leasing out ..... be stopped by my executive order.'17. the next item, charge (c), is that the proprietor contravened the provisions of orissa communal forest and private land (prohibition of alienation) act, 1948, by leasing out gochar lands, etc. this is the same as charge no. 3 mentioned in the notice issued by the collector. that charge mentions ..... to us, does not show that there was any possible basis on which a 'persistent' contravention either of section 65, orissa tenancy act, or section 3, orissa communal forest and private land (prohibition of alienation) act, 1948, can possibly be said to have been made out. it 'does appear', however, that the petitioner was collecting a .....
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