Court : Orissa
Reported in : 1995(I)OLR20
..... words are clear and they refer to the payment of the amount of tax due in accordance with the order of the tribunal. the prohibition is total and operates against all authorities under the act. 5. the next submission that the order passed by the tribunal pending application or reference under section 21 to the high court is ..... cases pertaining to stay : (1) where there is an express provision for stay, (2) where the provision is silent and (3) where there is a specific prohibition no difficulty would arise where there is an express provision for stay where the statute is silent, the power of stay will depend upon several factors including the nature ..... appellate authority the sama cannot be the case with the reference proceedings. we endorse that view. 9. under the circumstances, we hold that no authority under the act including the tribunal has jurisdiction to stay recovery of the amount due under the order of the tribunal pending application or reference before the high court under section .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ1151
..... , the petitioners were convicted and sentenced and although accused nirakar mohanty was convicted under sections 457/34 and 354/34 i.p.c., he was released on probation of offenders act. the said accused nirakar mohanty has not filed any revision although his appeal against the order of conviction and sentence was dismissed by the appellate court.3. accused santosh alias ..... doubt.11. mr. p.c. panda has lastly urged that in view of the tender age of the petitioners, they may be given the benefit of the probation of offenders act. the courts below have considered the desirability of giving such benefit but have declined to extens such benefit. taking into consideration the gravity of the offence and also the fact .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR595
..... seeking justice.shortly stated, the petitioner along with two others being charged under sections 498a/109/506/34 of the indian penal code and sections 4 and 6 of the dowry prohibition act were arrested and produced before the sdjm, udala, and filed a petition before the sdjm for their release. upon hearing the parties, the learned magistrate allowed their prayer on certain .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR1
..... in the said judgment as under:'...we must emphasise that sentencing an accused person is 3 sensitive exercise of discretion and, not a routine or mechanical prescription acting on hunch. the trial court should have collected materials necessary to help award a just punishment in the circumstances. the social background and the personal factors ..... wrong approach and even if the bar does not help, the bench must fulfil the humanising mission of sentencing implicit in such enactments as the probation of offenders act. ...' 12. keeping in view the legislative intention coupled with dictum of the apex court referred to supra, it is hoped that the criminal courts instead ..... discharging their sentencing function in a mechanical manner, should assign special reasons if they decline to extend the benefits of the provisions of the probation of offenders act to the accused. 13. upshot of the aforesaid discussion is that the order of conviction and sentence passed by the trial court and confirmed by the .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR40
..... has been issued by no less a person than the director general of police. it may be noticed that even the police manual prohibits of hand-cuffing of women and rule 242 of the police manual prohibits leg-shackles. the director general of police in his over zealousness and anxiety to prove himself to be more loyal than the ..... position of law, the decision taken by the chief minister to hand-cuffing and leg-shackle mother-in-law and sister-in-law where there is an allegation of dowry death is nothing but sadistic, capricious, despotic and demoralising and violates the provisions of article 19 of the constitution. the director general of police who is the head ..... of law and order enforcing machinery not only transgressed his powers in issuing such a confidential circular, but also acted in contravention of the law laid down by the apex court, referred to earlier, and we cannot but deprecate such action on the part of the director. if .....
Tag this Judgment!Court : Orissa
Reported in : II(1995)DMC508
..... has been issued by no less a person than the director general of police. it may be noticed that even the police manual prohibits of hand-cuffing of women and rule 242 of the police manual prohibits leg-shackles. the director general of police in his overzealousness and anxiety to prove himself to be more loyal than the king ..... position of law, the decision taken by the chief minister to hand-cuff and leg-shackle mother-in-law and sister-in-law where there is an allegation of dowry death is nothing by sadistic, capricious, despotic and demoralising and violates the provisions of article 19 of the constitution. the director general of police who is the head ..... of law and order enforcing machinery not only transgressed his powers in issuing such a confidential circular, but also acted in contravention of the law laid down by the apex court, referred to earlier, and we cannot but deprecate such action on the part of the director. if .....
Tag this Judgment!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 : 82(1996)CLT508; 1996CriLJ2170; 1996(I)OLR245
..... k. patra, j. 1. the petitioner is the accused in s. t. no. 32 of 1995 under sections 498a, 304b and 306, ipc and section 4 of the dowry prohibition act on the file of the assistant sessions judge, balasore. he made a prayer before the learned trial judge to discharge him under section 227 of the code of criminal procedure ( ..... implicate the petitioner in any manner, but there are other materials which cannot be lost sight of. the fir lodged by the father of the deceased unfolds the story of dowry demand and the torture meted out to the deceased. statement of certain persons recorded under section 161, cr pc reveal that everything was not well with the spouse. the ..... college and hospital, cuttack. following the death, the opp. party no. 2 being the father of the deceased filed fir on 20-5-1992 at jaleswar police station alleging dowry death. the allegations made in the fir are as follows :the petitioner who was working as arc assistant jailor married the deceased on 29-6-1985. at the time of .....
Tag this Judgment!Court : Orissa
Reported in : II(1996)DMC337
..... . petitioner's case is that accusations forming foundation of the case related to section 498a of the indian penal code, 1860 (in short, upc), and section 4 of the dowry prohibition act, 1961 (in short, 'dowry act'), he is innocent and attempt is being made to falsely implicate him. according to learned counsel for the state ample materials exist to link petitioner. considering the submissions and .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR52
..... on the basis of lease principles is quite different than the lease of land granted under the provisions of the act. there is no prohibition under the act for granting lease under the lease principles. it is nowhere being mentioned in the act that the lease principles have been superseded. once it is held that they are in force and do not ..... cultivate not more then one standard acre of land; explanation-in this clause the expression 'standard acre' has the meaning assigned to it in the orissa land reforms act, 1960 (orissa act 16 of 1960); and(e) in the absence of persons belonging to any of the foregoing categories, any other persons.'we may now advert to the scheme of ..... have any conflict with the provisions of the act, there is no bar on the part of the revenue officer to .....
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