Court : Orissa
Decided on : Sep-26-1989
Reported in : 1990CriLJ1581
..... an offence falls within the aforesaid provision, then the punishment is only fine which may extend to rs. 1,000/ -. it is also necessary to quote sub-section (3) of section 27 of the act, so far it is relevant:--'(a) xxx xxx(b) quarries stone, burns lime or charcoal or collects, subjects to manufacturing process or removes any forest produce; ..... mohapatrah, j.1. this appeal is directed against the judgment passed by the learned judicial magistrate, nayagarh, acquitting the respondent of an offence punishable under section 27 of the orissa forest act, 1972 (shortly stated 'the act').2. prosecution case, in brief, is that on 23-9-1979 at about 5.00 p.m., p.ws. 1 and 2. both forest ..... on the merits of the case.5. mr. p.k. mohanty, learned addl. govt. advocate, contended that the case was under section 27(3)(b) of the act and as such, the period of limitation is three years under section 468(2)(c), cr. p.c. accordingly, the order of cognizance was not barred by limitation.mr. r. k. kar, learned .....
Tag this Judgment!Court : Orissa
Decided on : Sep-28-1989
Reported in : AIR1990Ori223; 69(1990)CLT213
..... jurisdiction to appoint non-hereditary trustees in respect of a religious institution where there are no hereditary trustees. 'religious institution' has been defined in the act in section 3(xiii) to mean 'a math, a temple and endowments attached thereto or a specific endowments and includes an institution under direct management of state ..... assistant commissioner of endowments (o.p.no. 2) issued an order to the inspector of endowments, khurda purporting to be one under section 12 read with section 7 of the act authorising the latter to enter into the premises of the institution, make an inventory of the properties, records and funds in presence of ..... the assistant commissioner would have no jurisdiction to appoint non-hereditary trustees unless he determines the said question in a properly constituted proceeding under section 41 of the act.6. the commissioner while disposing of the revision perused the management file in respect of the institution and came across a report of the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-01-1989
Reported in : II(1989)ACC574
..... is now well settled that for the death of or bodily injury to any person, claim for compensation may be adjudicated under the motor vehicles act as well as the workmen's compensation act. while inserting section 110-a a, the parliament was aware of the existing law. therefore, when a new forum is created, it must be deemed that a ..... v. bidi 1972 acj 187 (orissa), where also the driver of the truck had died in an accident and a claim petition was filed under section 110-a of the motor vehicles act before the claims tribunal. while answering the question as to whether the liability of the insurance company had ceased when a claim was preferred under the ..... orissa) and the orissa co-operative insurance society ltd. v. sarat chandra champati 1975 acj 106 (orissa), apart from being prior to the insertion of section 110-aa in the motor vehicles act, were deciding the question of the liability of the insurer. the point in issue in the present case did not arise there for the obvious reason that .....
Tag this Judgment!Court : Orissa
Decided on : Nov-07-1989
Reported in : AIR1990Ori199
..... 1 have discussed in the earlier paragraphs that 'a' schedule service tenure is a grant burdened with service being service to the public in general as provided in section 235(1) proviso of act, it is not liable to partition and alienation. accordingly, defendants nos. 2 to 4 had no right to alienate any part of the same and defendant no ..... principle in decision reported in 1lr (1974) cut 909 : (air 1975 orissa 139) (supra) service tenures for rendering service to a person or a family under section 235 (i) of the act is grant in lieu of rent where in absence of rendering service the service holder shall not be liable for eviction but the grantor shall be entitled to ..... 191 (kunja rout v. radhu moharana) and submitted that a tenant is to establish that in his homestead he ordinarily resides to bring it within the scope of section 236(i) of the act as substituted in 1946. he also relied upon the decision reported in (1967) 33 cut lt 725 : (air 1967 orissa 86) (bineswar giri v. haraprasad behera) .....
Tag this Judgment!Court : Orissa
Decided on : Nov-29-1989
Reported in : 69(1990)CLT427; 1990CriLJ817
..... view stated above does not deserve consideration, but the second view was more probable. we, therefore, do not hesitate to hold that the appellant is entitled to the benefit of section 97 i.p.c. and the case should end in acquittal.8. in the result, the appeal is allowed and the appellant is found not guilty of the charge under ..... the time of assault. they arrived after the assault was over and took the deceased to bhadrak government hospital. in cross-examination her statement made before the investigating officer under section 161, cr. p.c. was confronted to her. she had stated before him that the villagers such as bishnu mohan rout. anadi behera (p.w. 3), jagar behera (p. ..... k.p. mohapatra, j.1. the appellant has assailed the judgment passed by the learned additional sessions judge, balasore convicting him for an offence under section 302 i.p.c. and passing the sentence of imprisonment for life.2. the appellant jadu, deceased madhu and p.w. 1, kailash were the three brothers living at .....
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 : 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 : 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 : Dec-04-1989
Reported in : 69(1990)CLT648; [1990]78STC475(Orissa)
..... that belief has failed to pay the tax at enhanced rate, it cannot be a case of 'fraudulent evasion', within the ambit of clause (c) of section 14(1) of the act. section 14(2)(b) must be interpreted to mean that in case of a fraudulent evasion, the levy of penalty would be double the amount of tax evaded ..... second submission of mr. lal is concerned, we, however, find sufficient force in the same. the second contention really centres round an interpretation of section 14(2)(b) of the act. under sub-section (1) of section 14, four different types of defaults are contemplated under clauses (a) to (d). if the default in question is covered by clause (a) ..... no infirmity in the same. the rival contentions require a careful examination of the provisions of the statute.4. for better appreciation of the point in issue, section 14 of the act is quoted herein below in extenso:'14. penalties.--(1) the proprietor of any entertainment who-- (a) admits any person for payment to any place of entertainment .....
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