Court : Orissa
Decided on : Mar-17-1989
Reported in : AIR1989Ori201; 67(1989)CLT697
..... in the high court committed gross error in not directing the defendant to pay back the benefits received from the plaintiff and completely ignored the provisions of section 19a of the contract act and consequently the judgments of the two courts below are vitiated thereby.mr. patra, the learned counsel for the defendant-respondent no. 1, on the other ..... performance of contract, the plaintiff having failed to obtain specific performance is yet entitled to receive the benefit which the defendant obtains, within the meaning of section 70 of the contract act and since the courts below have found that the plaintiff had paid the money to the defendant for being deposited by the defendant as well as ..... wide and can be applied at the discretion of the court to enable the court to do substantial justice. if that is the true meaning of section 70 of the contract act, on the finding that the plaintiff did pay the money to the defendant on 31-1-1968 and the defendant obtained benefits out of the said .....
Tag this Judgment!Court : Orissa
Decided on : Sep-07-1989
Reported in : 69(1990)CLT102; I(1990)DMC281
..... it is no doubt true that the court will have a discretion to grant the relief of restitution depending upon the circumstances of the case, under section 9 of the hindu marriage act, the foundation of the right to bring a suit for restitution of conjugal rights is the fundamental rule of matrimonial law that one spouse is entitled ..... .6. mr. rath appearing for the appellant raised two contentions in assailing the confirming judgment of the two courts below :(i) the defendant having been prosecuted under section 494, ipc and having been acquitted on a finding that there was no marriage between the plaintiff and the defendant, the said finding is binding on the civil court ..... of the code of civil procedure and ignoring the said finding has vitiated the ultimate conclusion, and(ii) even if the conditions stipulated in section 9(1) of the hindu marriage act are satisfied, the court has still the discretion not to grant the relief depending upon the circumstances of each case and on the facts and .....
Tag this Judgment!Court : Orissa
Decided on : Feb-24-1989
Reported in : AIR1990Ori102
..... rejected in four classes of cases mentioned in clauses (a) to (d) thereof, one of those clauses being where the plaint is sufficiently stamped. sub-section (2) of section 2 of the code defines a 'decree' which means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines ..... not exhaustive as the legislature is incapable of contemplating all possible circumstances which may arise in future litigation. his lordship while dealing with the applicability of section 151 of the code to the situation arose in that case observed that although the order rejecting the plaint was a decree and was appealable, there ..... any detailed or exhaustive examination of the circumstances and situations in which it could be predicated that the court has the inherent jurisdiction which is saved by section 151 of the code. having accepted the position that the inherent powers of the court cannot override the express provisions of the law, their lordships held .....
Tag this Judgment!Court : Orissa
Decided on : Nov-30-1989
Reported in : AIR1990Ori143
..... 32 of theadvocates act would be attracted, everyindividual has a right to defend the causeagainst him. in fact, the summons issued to aparty also provides for ..... . his taking steps is not prohibited by any law. merely because a person so defending happens to be an advocate enrolled under the advocates' act, 1961 is not a circumstance to obstruct him to defend in the aforesaid premises.4. in the present case defendant no. 3 who is an ..... act and any rulesmade thereunder. notwithstanding the same,any court may permit any person who is notan advocate to appear before it in anyparticular case as provided under section 32obviously to discharge the functions in thecourt what an advocate discharges in aparticular case. where, however, a partydefends himself and other defendants alongwith him neither section 29 nor section .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1989
Reported in : (1992)ILLJ23Ori
..... of the case cannot be said to be either unreasonable or contrary to law.21. the labour court which was exercising jurisdiction for reducing punishment under section 11a of the act had undoubtedly wide discretion in the matter of reduction of punishment. the high court under article 227 of the constitution is vested with the right of ..... delinquent workman, his past record and his socio- economic condition are not relevant factors which should weigh with the labour court while exercising its discretion under section 11a of the act. the very denial of 50 per cent of back-wages to the opposite party no. 1 was considered by the labour court to be sufficient punishment ..... for the petitioner. in that supreme court case, the government of maharashtra made the reference regarding the dismissal of the respondent on june 23, 1967. section 11a of the act was brought into operation on december 15, 1971 and it has no retrospective operation on the pending reference. so the said decision does not deal with .....
Tag this Judgment!Court : Orissa
Decided on : Dec-01-1989
Reported in : 1990CriLJ1075
..... analyst.' in a decision reported in 1985 cri. lj 1270 (him pra) (supra), it has been observed (at pp. 1272-73 of cri lj):'sub-section (2) of section 13 of the act does confer a valuable right on the accused. he may make an application to the court within a period of ten days from the receipt of the copy ..... laboratory, no question can arise of his certificate becoming final and conclusive evidence of the report contained in it.there can be no doubt that sub-section (2) of section 13 of the act confers a right on the accused vendor to have the sample given to him examined by the director of the central food laboratory and to obtain a ..... profusely leaking. besides this the sample bottles were produced by the local (health) authority much beyond the period of limitation of five days mandatorily prescribed under section 13(2a) of the act. the advocate for the petitioner then and there filed a memo recording the aforementioned facts as well as the petition praying therein not to send the samples .....
Tag this Judgment!Court : Orissa
Decided on : Nov-30-1989
Reported in : 69(1990)CLT341; 1990CriLJ814
k.p. mohapatra, j.1. the respondent sarat puri along with some other accused persons was tried by the learned sessions judge, balasore for having committed offences under sections 302/323 and 325 read with section 34 i.p.c. and was acquitted of all charges by the impugned judgment which has been assailed in this appeal.2. prosecution case, in brief, is .....
Tag this Judgment!Court : Orissa
Decided on : May-01-1989
Reported in : AIR1990Ori42
..... at p. 161) (supra) observed thus :'keeping these principles in view, if we, examine the provisions of the state financial corporations act, more particularly section 29 thereof, we find that the act is intended to regulate the activities of the financial corporation and the main object of such corporation is to finance medium and small-scale industries ..... , air 1986 sc 180, and contended that issuance of a notice by the corporation to the petitioners was mandatory before the corporation took action under section 29 of the act. this decision deals with the case of pavement dwellers, in that; case the issue raised was whether the pavement dwellers who are using the pavement ..... repeatedly asserted that the corporation had not given a notice, nor an opportunity of hearing, to the petitioners before taking over their industrial concern under section 29 of the act. in the counter affidavit filed by the corporation on 7-4-1979, the allegation, that the petitioners were neither given a notice nor an .....
Tag this Judgment!Court : Orissa
Decided on : Aug-25-1989
Reported in : 1990ACJ818; AIR1990Ori105
..... . h. no. 42. occupants of the car sustained injuries and some of them dies at the spot. claimants of four deceased persons filed four applications for compensation under section 110-a of the act against the owners of the truck and the car and two insurers in respect of the vehicles. during pendency of the proceedings owner of the truck have been ..... s.c. mohapatra, j.1. these two appeals under section 110-d of the motor vehicles act, 1939, have been filed by the insurer in respect of a truck bearing registration no. ord 3627.2. the truck collided with a car bearing registration no. osc 2997 on .....
Tag this Judgment!Court : Orissa
Decided on : Mar-07-1989
Reported in : AIR1990Ori33
..... learned district judge declared that chakradhar sahu was not entitled to the properties of madhu and raghu as their heir. thereafter at the instance of chakradhar sahu a proceeding under section 145, cr.p.c. (cri. misc. case no. 167 of 1963) was initiated. in the revision arising out of the said proceeding, this court declared possession of the plaintiffs' father .....
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