Court : Orissa
Reported in : 1985(II)OLR103
..... but on the circumstances under which it is committed. some of the settled principles which hold field can be stated in the following manner :(a) the section applies only if the act complained of is itself done by the public servant in pursuance of his public office, although it may be in excess of the duty or in the ..... reported in 1979 criminal law journal, 1018 considered the question of sanction in the back ground of allegations of public servant abusing and slapping gang leader while tackling explosive situation the observations of the court are in the following terms :'in the instant case the situation over harvesting of crop was tense as two groups were claiming ..... left to the discretion of the public servant who has to tackle an explosive situation. often a slap to the gang leader demoralises his adherent and defuses the situation. the methods and demands of tackling a situation must keep on varying and yet all those acts are in discharge of duty, may be in dereliction thereof.5. now .....
Tag this Judgment!Court : Orissa
Reported in : 1986(10)ECC248
..... smuggling goods, engaging and transporting, concealing and keeping those smuggled goods, and in dealing in them, it was necessary to detain him under sub-section (1) of section 3 of the act and accordingly, the order no. 2937 dated 10-6-1985 (annexure-1) was passed. it was further stated that the representation of the petitioner ..... to emergently leave his headquarters because of the disturbances that had occurred in other localities within his jurisdiction where his presence was urgently needed for tackling the explosive situation, and thereby there was a delay of 6 days in forwarding the detenu's representation to the state government, it could not be said that ..... origin and foreign make wrist watches, engaging and transporting, concealing and keeping these smuggled goods and dealing in these smuggled goods, his detention under section 3(1) of the act is necessary. the petitioner was arrested and detained with effect from 12-6-1985. on receipt of the order of detention as aforesaid, the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori136
..... conclusion that it has no territorial jurisdiction, it should not have entered into the question of maintainability of the suit in view of bar under the income-tax act.7. under section 20, civil p.c. a suit of the present nature can be instituted in a court within local limits of whose jurisdiction the cause of action or part ..... 2. plaintiff is a company having its registered office at hyderabad in andhra pradesh. it carries on its business in orissa having established factory area at rourkela for manufacture of explosives. it entrusted execution of some of the civil construction work in the factory area at rourkela to defendant no. 6 b. r. patel. at that stage, the income ..... -tax officer, ward-a, rourkela issued a notice dt. 15-6-1971 purporting to be under section 226(3) of the income-tax act, 1961 for withholding payments of certain amount to defendant no. 6 towards the arrear tax of defendant no. 7 m/s. east west construction company. plaintiff sent .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT27; 1986(I)OLR680
..... article, which appeared to be a country made pistol and was seized from the possession of the respondent, came within the definition of 'fire-arm' under section 2(1)(e) of the act. section 2(1)(e) is quoted below for easy reference:' 'fire-arm' means arms of any description designed or adapted to discharge a projectile or projectiles of ..... , j.1. this appeal is directed against the order passed by the learned judicial magistrate, first class, panposb, acquitting the respondent of the charge under section 25(1)(a) of the arm act, 1959 ('act' for short).2. the prosecution case in short is that on 5-12-1979 a country made pistol (m. o. i) was seized from the ..... any kind by the action of any explosive or. other forms of energy, and includes -(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or .....
Tag this Judgment!Court : Orissa
Reported in : 1986(II)OLR457
..... the complainant's initial statement was recorded. thereafter the magistrate conducted an enquiry under section 202. cr p. c. and then took congnizance under sections 149/324/337 and 296 ipc as well as under secs 3 and 4 of the explosive substance act and issued summons against the accused persons. the accused persons appeared before the ..... of the actual seizure or touching of a person's body with a view to his detention. the provision for regular bail in the criminal procedure code are contained in sections 437 and 439. the distinction between an order of regular bail and an order of anticipatory bail is that the former is granted after arrest and, therefore, ..... l. j 1816, and it was held :'the term 'appears' in section 437 means and includes voluntary appearance before the court without intervention of any agency and the act of surrender before the court coupled with submission to its direction. these are implicit in section 437. as such, when a person accused of a non-bailable offence .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori163
..... . state transport authority, madras) such fundamental right can only be restricted reasonably for which the provisions have been made in the motor vehicles act wherein section 50 of the act specifies the guidelines. as regards renewal of permit the hon'ble court observed as follows'the authority must remember that a permit holder has an ..... one contract carriage operator is asking for a single permit. what makes it unnecessary or undesirable in the public interest ordinarily, having regard to the explosive increase in traffic in our country, more vehicles are needed. of course, if the roads are in a precarious condition or competitive racing or reckless ..... may take any such steps as it considers appropriate for the hearing of the representation in the presence of any persons likely to be affected thereby.'section 30 of the act runs as follows : --'50. procedure of regional transport authority in considering application for contract carriage permit:-- a regional transport authority shall, (in .....
Tag this Judgment!Court : Orissa
Reported in : I(1987)ACC536; AIR1988Ori242; 64(1987)CLT78
..... which all the occupants fell down about 20 feet below the culvert. purna chandra unfortunately died in the accident.3. a case for compensation under section 110a of the motor vehicles act (hereinafter referred to as the 'act') was filed before the claims tribunal by the young widow of the victim (aged only 31 years) claiming a compensation of rs. 34,000 ..... petrol from the lorry to an underground tank, struck a match to light a cigarette and threw it on the floor, and thereby caused a fire and an explosion which did great damage. it was held that his employers were liable because of his negligence in the discharge of his duties though the ..... in this rule shall be deemed to authorise the carriage of any person for hire or reward or any vehicles.'section 112 of the act reads as follows : --' 112. general provision for punishment of offences. -- whoever contravenes any provision of this act or of any rule made thereunder shall, if no other penalty is provided for the offence, be punishable with .....
Tag this Judgment!Court : Orissa
Reported in : 1988CriLJ32
..... the area and the even tempo of life of the community and public peace and order was disturbed.4. a case under sections 147/148/149/341/307, i.p.c. read with section 9b of the indian explosives act was also registered on the same day with the malgodown police.5. the order of detention (annexure-1) was approved ..... report of the superintendent of police, the basis for passing the impugned orders which were served on the detenus within the prescribed period of 5 days under section 8 of the act. section 8 lays down that the authority making the order as soon as may be but ordinarily not later than 5 days and, in exceptional circumstances and ..... authority that the grounds of detention must also be prepared, signed and served simultaneously : otherwise the detention would be void.the recent amendment of the act by act 60 of 1984 inserting section 5a also weakens this submission by making the following provision:(b)'the government or officer making the order of detention shall be deemed to have made .....
Tag this Judgment!Court : Orissa
Reported in : AIR1989Ori81; 66(1988)CLT54
..... i agree with the conclusion of my lord the chief justice, but i would to add a few words with regard to interpretation of section 7(2)(i) of the act. section 7(2) of the act provides the grounds on which the controller can direct a tenant to be evicted and those grounds have been prescribed in clauses (i) to ..... by money order since litigation has started'. on this evidence it is clear that the tenant has not committed any default within the meaning of section 7(2)(i) of the act, and the authorities have committed an obvious error of law in holding the petitioner a defaulter and ordering his eviction. the house rent controller ..... before i proceed to do that, let merecord my own views regarding the relevant provisions of the act itself.after independence, when the country gradually proceeded towards industrial developments and urbanisation, a tendency to shift tontowns grew. the population explosion also added to the problem of accommodation. the tremendous rise in the value of the house sites .....
Tag this Judgment!Court : Orissa
Reported in : 68(1989)CLT516; 1989CriLJ2016
..... informant or his party due to the accused being at large.4. chargesheet has been submitted against the opposite parties under sections 147/148/307/323/324/302/337/147, i.p.c. and section 9b of the indian explosives act. as appears from the impugned order of the learned sessions judge, the considerations which have weighed with him to release ..... the opposite parties on bail are the existence of a counter case under section 307, i.p.c. against the informant's group, ..... petition.3. admittedly the state has not moved for cancellation of bail. though there is no absolute bar against an informant to move for cancellation of bail, under section 439(2), cr. p.c., yet the considerations which weigh with the court to exercise powers at the instance of a private person are, besides the factors necessary .....
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