Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... outset i may state that the learned sessions judge held that the search warrant is illegal under the criminal procedure code but that it is legal under section 25 of the arms act.24. section 25 of the anns act lays down, 'whenever any magistrate has reason to believe that any person residing within the local limits of his jurisdiction has in his possession ..... that state of facts which he in good faith and on reasonable grounds believed to exist when he did the act alleged to be an offence.'in the case of reg v. rose (1884) 15 cox cc 540 (z16) the facts were -- under circumstances which might have induced to believe that a man was cutting the throat of his wife, ..... their son shot and killed his father. it was held by lopes j. that,'if the accused had reasonable grounds for believing and honestly believed that his act was necessary for .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori93; 23(1957)CLT217; 1957CriLJ527
..... is against the appellate judgment of the sessions judge of cuttack modifying the judgment of the trial court, but maintaining the conviction of the petitioners under section 9(a) of the opium act (act i of 1878) for unlawful possession of 32 bags of poppy capsules. the excise sub-inspector of dhenkanal (p. w. 4) seized the ..... the poppy from their possession but urged that possession of incised capsules from which the juice had been extracted would not amount to an offence under section 9(a) of the opium act. the lower appellate court, however, thought, relying on jagjiwan pitambar v. emperor, air 1936 nag 240 (a) that possession of such incised ..... scrutinise the provisions of the opium act (act i of 1878), the dangerous drugs act 1930 (act ii of 1930) and the rules framed under the aforesaid acts. it is true that under section 3(1) of the opium act the definition of the expression 'opium' includes 'capsules of the poppy'. but section 4 of that act prohibits unlawful possession of opium. ' .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori121; 23(1957)CLT134
..... the state transport authority became entitled to a preferential treatment over all other private agencies, if other conditions were equal. the proviso to sub-section (2) of section 58 of the parent act is expressly made inapplicable where the state transport service is the rival applicant.9. both sides have addressed us at great length on this question ..... overlooked the fact that the amendment of 1949 was not in force in cuttack district on 5-11-56. the commencement clause of the amending act says that section 1 of the act shall come into force at once, but the remaining provisions shall come into force in such specified areas as government may, by notification, ..... entire or partial financial interest, and which the provincial government may, by notification, declare to be a state transport service for the purpose of this act.' in section 147 (1) of the parent act also, two new clauses, namely, (g) and (h) were inserted as follows:'(g) other conditions being equal, in the interest of proper .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori216; 23(1957)CLT180; 1957CriLJ1152
..... in the stomach, if the person died from syncope or shock, or became unconscious immediately after falling into water, so that he could not struggle and swallow water in the act of drowning. there will also be no water in the stomach, if it is present in the stomach, is forced out by the pressure of the gases of decomposition.' taylor ..... forthwith.11. i may add before closing the judgment that in this case the learned sessions judge ought not to have recorded a finding of acquittal on the charge under section 201, i. p. c., without going into that question & taking the evidence into consideration, on the mere ground that as she was convicted under ..... i. p. c. and was sentenced to transportation for life for the offence of murder and in view pf her conviction under section 302 i. p. c., was acquitted of the charge under section 201 i. p. c., by the learned sessions judge, koraput;2. one gobindo pangi (p. w. 16) of bhurdi-put within boipariguda police station had about six sons .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori201; 23(1957)CLT380
..... female heir, a decree fairly and properly obtained against her in regard to the estate is in the absence of fraud or collusion binding on the reversionary heir.although section 11 does not strictly apply, the, principle of res judicata is applicable so as to bind reversioners by decision in litigation, fairly and honestly conducted, given for ..... last male-holder.5. mr. g. k. misra, learned counsel appearing on behalf of the appellants, contended that the present suit is clearly barred under explanation vi to section 11, civil p. c., and therefore the judgment of the learned subordinate judge ought to be set aside. mr. misra, in support of his contention, relied upon ..... of the respondent, however, contended with some force that the previous suit being a suit between two limited owners should not act as res judicata in the subsequent suit. his further contention was that explanation vi to section 11, civil p. c.. would not apply to the facts of this case. in support of this first contention, he .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori194; 23(1957)CLT247
..... in that case was that the authorities concerned must first hold that the person is an evacuee within the meaning of the act and must conform to the two substantive conditions before issuing a notice under section 7 (1) of the central ordinance. thus that being not a case of transferee, does not help the contention of ..... is an 'evacuee' within the meaning of the administration of the evacuee property act (1950); the central ordinance having by that time been merged in an act. there, the supreme court took into consideration sections 8 and 40 of the act and held that section 40 prohibits transfers inter vivos, but cannot affect devolution by operation of law such ..... whether or not the jurisdiction of the civil court was barred under the adminis-tration of evacuee property act, 1950, was considered, and it was held that where the custodian has not given any nolicc as prescribed in section 7 he has no jurisdiction to determine whether the property in dispute is or is not evacuee property .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori172; 23(1957)CLT234; 1957CriLJ902
..... can 'be a witness' not merely by giving oral evidence but also by producing documents or taking intelligible gestures as in the case of a dumb witness (see section 119, evidence act) or the like. 'to be a witness' is nothing more than 'to furnish evidence', and such evidence can be furnished through the lips or by production of ..... himself. but confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 3. evidence act. it is not required to be given on oath, nor in the presence of the accused and it cannot be tested by crops-examination. it is a ..... there the accused was directed to give his thumb impression. the accused objected to it but the trial court rejected the objection of the accused relying on section 73 of the indian evidence act and directed him to give his thumb impression. somasudaram, j. relying on the aforesaid supreme court decision allowed the objection of the accused observing that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori151; 23(1957)CLT280
..... and defendants 1 to 12. consequently, according to the learned subordinate judge, the defendants want to take the benefit of provisions of section 90 of the indian trusts act. under section 90 of the trusts act, the essential condition that must be fulfilled is not only that the parties were co-owners of the land in question, but also ..... to pay the rent of the plots previous to 1932 or 1933. consequently, the learned subordinate judge held that the defendants could not take advantage of section 90 of the trusts act and dismissed the appeal. 6. mr. l. mohanty, the learned counsel for the appellants contended very strenuously that the learned subordinate judge erred in construing ..... that the learned subordinate judge erred in holding that there should be proof of any fraud or misrepresentation or suppression of facts in order to apply section 90 of the trusts act. but, in my view, this decision does not apply to the facts of the case. the learned subordinate judge clearly held that there was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori159
..... apparently the legislature left it to the senate to make the necessary provision in the statutes for implementing the provision of the act. clauses (a) and (f) of sub-section (1) of section 19 of the act leave these matters to be regulated by the statutes. 19. the relevant provisions in the statutes dealing with the preparation and maintenance ..... registrar under law 9(3) of chapter xv for election of registered graduates from the merged territories (affiliated states) is ultra vires section 8(3) (iv) of the utkal university act and the statutesframed under that act. section 8(3) (iv) of theact is as follows: '(iv) fourteen registered graduates to be elected from and by the registered graduates ..... laws order, 1950 under the constitution of india and as such the notification of the registrar to hold elections to the senate under section 8 (3) (iv) of the act is not valid. section 1-a was passed at a time when the affiliated states were not a part of the province of orissa. but subsequently the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori124; 23(1957)CLT291
..... a number of decisions were placed before us, the point being that such a contract for dowry is not enforceable as being hit by the provisions of section 23' of the contract act and as being against public policy and repugnant to all morals.itjnay be mentioned at the outset, we may take it as settled law, marriage brokerage contract ..... to a father in consideration of his giving his daughter in marriage to be regarded as immoral or opposed to public policy within the meaning of section 23 of the indian contract act?' the opinion of the full bench expressed in the leading judgment of the chief justice sir arnold white is in the affirmative.but the learned chief ..... the present case on the basis of this madras decision. the contract which is -sought to be enforced by the present plaintiffs is, therefore, hit by section 23 of the indian contract act as being immoral and as such it is not enforceable in court.7. in conclusion, the appeal succeeds, the judgments and decrees of the courts below .....
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