Court : Orissa
Reported in : AIR2007Ori48
..... into consideration the contentions raised before it by the adversaries came to hold that the said amendment is valid and operative and sustained the same as intra vires. again the amendment of the said provision by orissa co-operative societies (amendment) act, 2001 was challenged before this court in the case of gurupada nanda and ors. v ..... -mended provision of section 28 of the act prior to its amendment by the impugned orissa co-operative societies (amendment) act, 2004 (orissa act 11 of 2004) by which different clauses of sub-section (2) of section 28 of the act were amended. we also find it imperative to quote the pre-amended sub-rule (3) of rule 6 ..... the petitioners 18 broadly two fold, namely, challenging the amendment of section 28 of the act by section 3 of the qrissa co-operative societies (amendment) act, 2004 (orissa act 11 of 2004) with regard to reservation of seats in the committee of the society and amendment of the election rules providing roster points for such reservation .....
Tag this Judgment!Court : Orissa
Reported in : [2008(116)FLR693]; (2008)IILLJ495Ori; 2008(I)OLR54
..... , 1997. on this, we granted opportunity to the learned senior counsel for the opposite parties to produce the documents to show that intimation to conduct the enquiry on 29.12.2007 was received by the petitioner. in spite of time being granted on several occasions, the acknowledgement of the notice could not be produced. on 9.1.-2006, shri ashok mohanty .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR93
..... is not inclined to disbelieve their evidence. so far as the offence under section 354 ipc is concerned, intention to outrage the modesty of the woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offence. the essence of a woman's modesty is her sex. the culpable intention of the ..... , this court feels that ends of justice shall be best served if the petitioners are released after due admonition under the provisions of section 3 of the probation of offenders act instead of awarding any sentence against them, and this court directs accordingly.the criminal revisions stand disposed of.
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ1065; 2008(I)OLR118
..... above discussions, considering the facts and circumstances of the case, we are of the view that the accused was successful in establishing that at the time of committing the acts, he was suffering from unsoundness of mind which satisfies the tests laid down in section 84 of the penal code. we arrive at this conclusion also by taking ..... consequence on the prosecution case when such a plea of insanity is raised by the accused at the trial, as that may give rise to doubt whether the act of violence had been committed with the requisite intention to commit a particular offence and any such requisite intention to commit a particular offence and any such failure on ..... the accused was, in fact, a person of ordinary state of mind. if that is done, it necessarily rules out the possibility of the accused having committed the acts of violence attributed to him on account of mental disease or lunacy. the prosecution must place all the cards and materials that could possibly be had. the failure to .....
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR172
..... cause obstruction in the administration of justice. they deliberately directed the contemnors before them to appear in person and the contempt proceeding to be continued. this is an act of civil contempt also.16. though they have tendered unconditional apology, but we feel that the apology is not liable to be accepted. in this regard the ..... ' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-(i) scandalizes or tends to scandalise, or lowers or tends to lower the authority of, any court; or(ii) prejudices, or interferes or tends to interfere ..... section 17 arose, firstly, to avoid doubts, and secondly, because the tribunals are not 'courts of record'. while holding the proceedings under section 17 of the act the tribunal remains a tribunal and so would be amenable to the jurisdiction of the high court under articles 226/227 of the constitution subject to the well- .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT91; 2008(I)OLR182
1. Heard.Order of conviction in Sessions Case No. 11/2000/(S.C. No. 215/2000 GDC) of the Court of First Addl. Sessions Judge, Berhampur is under challenge.2. Accused-Appellant B.Srinivas Rao is the husband of late B.Bhulaxmi and hereinafter referred to as 'the deceased'. She married to that accused on 20.3.1998 and suffered death on 8.10.1999. Together with accused B.Srinivas Rao, and his father B.Simadri, his mother B. Mahalaxmi they were charge-sheeted for the offence under Sections 498A/302/34 I.P.C. and faced trial on such charges by Learned Addl. Sessions Judge, Berhampur.3. Prosecution projected the case that there was ill-treatment and cruelty on the deceased on account of demand and non-payment of dowry and that deceased took shelter of the village Punch and the matter was settled by the village Punch but after some days the dead body of the deceased was found in the house of the accused persons. Accordingly the aunt (mother's sister) of the deceased i.e., P.W. No. 5 lodged the...
Tag this Judgment!Court : Orissa
Reported in : 2010CriLJ196
..... system itself.the aforesaid principle of law has been reiterated from time to time in various subsequent judgments. iri the case of state of punjab v. deepak mattu : (2007) 11 scc 319 : (2008 cri lj 322); their lordships of the hon'ble supreme court while analyzing section 389 cr.p.c. reiterated the aforesaid finding and directed ..... irrespective of all the arguments 'advanced by the learned counsel, appearing for the appellant, until the criminal appeal is heard, the appellant remains convicted under the p.c. act. in such facts and circumstances of the case, it is asserted that it is well settled by the hon'ble supreme court in the case of k.c. sareen ..... , erroneous and illegal manner.(c) the case was registered against the appellant under section 13(2) read with section 13(1)(e) of the prevention of corruption act on the basis of 'source information'. searches were conducted at the official and residential premises of the appellant at the residence and business premises of his father-in-law .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR179
Pradip Mohanty, J.1. In the instant revision, the petitioner is aggrieved by the judgment dated 26.05.1998 passed by the learned 2nd Addl. Sessions Judge, Bhubaneswar in Criminal Revision No. 28/30 of 1997/94 reversing the order dated 25.03.1994 of the Sub-Divisional Magistrate, Bhubaneswar in Crl. Misc. Case No. 217 of 1993.2. The petitioner is the 1st party in the trial Court and opposite party No. 2 before the learned 2nd Addl. Sessions Judge, Bhubaneswar (lower revisional Court). The case of the petitioner is that her residential house is situated over plot No. 1120 corresponding to Sabik Plot No. 87 and the private opposite parties are the owners of Hal Plot Nos. 1122 and 1123 corresponding to Sabik Plot No. 88. To the South of the above plots, a public passage runs bearing Plot No. 1126, which is used by the family of the petitioner and others. The private opposite parties have occupied a major portion of the said passage by constructing a shed, thereby obstructing free passage/T...
Tag this Judgment!Court : Orissa
Reported in : 2009ACJ1693; AIR2008Ori68; 105(2008)CLT475; 2008(I)OLR191
..... and should be permitted to recover the same from the owner of the vehicle. in consonance with the ratio of the aforesaid decision and section 149 of the motor vehicles act, it is directed that the insurance company should pay the amount to the claimant-respondent no. 1 and realize the same from the owner in due process of law as ..... of the learned counsel for both parties, the same is taken up for final disposal.2. this is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the 'act'), filed by the insurance company challenging the award dated 30.6.2001 passed by the addl.district judge-cum-motor accident claims tribunal (hereinafter referred to as .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR335
..... appeal.the following substantial question of law was formulated for consideration in the appeal:(i) whether succession between the parties is governed by customary law or by the hindu succession act?from the pleadings of the parties as well as the submission there appears no dispute that the parties belong to scheduled tribe. section 2(2) of the hindu succession ..... act clearly says that the provision of hindu succession act, 1956 does not apply to the members of the scheduled tribe. in that situation, the old hindu law or the customary law would govern the rights .....
Tag this Judgment!