Court : Orissa
Decided on : Aug-08-2003
Reported in : AIR2004Ori23; 96(2003)CLT436
..... the plaintiff in the suit had not alleged that the defendant had fraudulently or erroneously represented that he was authorised to transfer the immoveable property, section 43 of the transfer of property act had no application and the plaintiff could not claim benefit under the same. as indicated above, there is no pleading whatsoever in the present case ..... represented that he was authorised to transfer the suit property. according to mr. jena, in the absence of any such pleading, the provisions of section 43 of the transfer of property act are not attracted. in support of this submission, mr. jena cited a decision of a full bench of the kerala high court in the case ..... by the commissioner in the final decree proceedings, such allotment enures to the benefit of vendees on the basis of the principles of equity in section 43 of the transfer of property act. the learned munsif also held that the registered sale deed (ext. 3) executed by the defendant in favour of the father of the plaintiffs .....
Tag this Judgment!Court : Orissa
Decided on : Aug-14-2003
Reported in : 2003(II)OLR351
..... . in course of time, the case was committed to the court of learned sessions judge. on perusal of the materials on record, learned trial court framed a charge under section 302, ipc against the appellant to which he pleaded not guilty. in course of trial, in all twelve witnesses were examined on behalf of the prosecution. none was examined ..... @ prafulla dehury is directed against the judgment dated 30.9.1994 passed by the learned sessions judge, balasore in sessions trial no. 13 of 1994 convicting the appellant under section 302, ipc and sentencing him thereunder to suffer rigorous imprisonment for life.2. prosecution case in brief is that on 9.7.1993 at about 10 p.m. an f ..... had murdered the deceased by means of bricks, stones and glasses of bottle.3. on the basis of the said complaint, as already stated above, a case under section 302, ipc was registered at the said police station against the appellant. after usual investigation, police submitted charge sheet against the appellant under .....
Tag this Judgment!Court : Orissa
Decided on : Aug-14-2003
Reported in : 2003(II)OLR590
..... prove that the prosecution party was the aggressor. the learned sessions judge on consideration of the evidence available on record, only found the appellant guilty of the charge under section 302 of the penal code and acquitted the other three accused persons of the charges.4. shri dhal, learned counsel appearing for the appellant submitted that the so ..... station on the same day at 11.30 p.m. considering the allegation made in the f.i.r. the case was registered for commission of offence under section 302/34 of the indian penal code and after investigation, charge sheet was submitted against the appellant and three other accused persons for the offences mentioned above.3. ..... of argument even if the evidence of this witness is accepted the death having occurred on account of asphyxia due to suffocation the same cannot be attributed to the act alleged to have been done by the present appellant. rather the accused siba who is alleged to have caught hold of the neck of the deceased and pressed .....
Tag this Judgment!Court : Orissa
Decided on : Aug-19-2003
Reported in : AIR2005Ori3; 98(2004)CLT343; [2006(1)JCR20(NULL)]
..... be voidable and may be annulled by a decree of nullity if that marriage has not been consummated owing to the impotence of the wife. sub-section (1)(d) of section 12 of the act stipulates that the marriage would be voidable and can be annulled by a decree of nullity if the respondent-wife was at the time of marriage ..... and she was not fit for sexual intercourse. the high court held that, bare statement of the husband does not satisfy the requirements of the provisions of section 12(1)(a) of the act and refused to grant decree of nullity of marriage. in the present case, there is only the bald statement of the husband and such statement can ..... the wife.2. panigrahi subash ch. dash @ sahoo, (hereinafter called as 'the husband') filed civil proceeding no. 182 of 1997 under sections 12 and 13 of the hindu marriage act read with section 7 of the family courts act for declaration that the marriage between him and usharani lenka (hereinafter to be called as 'the wife') is null and void and also .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-2003
Reported in : 96(2003)CLT592
..... of company affairs in his letter dated 12.11.1993 and he was intimated of the order of the government of india for an inspection under section 209 of the companies act of the books of accounts and other records of nalco ltd. and for that purpose, an assistant inspecting officer accompanied with a sr. technical ..... registrar or a person authorised by the central government.10. in the case at hand, the prosecution was lodged by the registrar of companies under section 211 of the companies act which is punishable with simple imprisonment for a period of six months or fine of rs. 1,000/- or both and thus the period prescribed ..... petitioners assail the order dated 1.12.1994 of the learned addl. chief judicial magistrate-cum-special judge, cuttack, taking cognizance of the offence under section 211 of the companies act and issuing process.2. the petitioners are, the national aluminium company limited, a government of india undertaking, its chairman-cum-managing director, the company secretary .....
Tag this Judgment!Court : Orissa
Decided on : Aug-26-2003
Reported in : 96(2003)CLT494
..... manner, mechanically dismissed the appeal on 15.2.1995 confirming the order of removal, the petitioner filed second appeal no. 1 of 1995 before the collector under section 133(2) of the orissa grama panchayat act, but the same was dismissed. according to the petitioner, the second appellate authority introduced a new fact with regard to the alleged work order issued by ..... , the resolution passed by the members of the grama panchayat is illegal, arbitrary and not in consonance with law and contrary to rule 216(a) of the orissa grama panchayat act and rules. it is further alleged that the order of removal is passed on 12.9.1994 without any definite charge having been communicated to the petitioner asking him to .....
Tag this Judgment!Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Orissa
Decided on : Aug-29-2003
Reported in : 2003(II)OLR399
..... the judgment and order of conviction passed by the learned special judge (vigilance), sambalpur in t.r. case no. 5 of 1999 convicting the appellant under sections 13(2) and 7 of the prevention of corruption act, 1988. the appellant has been sentenced to undergo r.i. for one year and has also been directed to pay rs. 1000/-, in default to ..... alleged that the complainant on 26.7.98 submitted an application for withdrawing rupees ten thousand from g.p.f. account and papers were brought by hand to the accounts section and had been handed over the appellant. it is also alleged that the complainant requested the-appellant personally to process the file for withdrawal of the amount as stated above .....
Tag this Judgment!Court : Orissa
Decided on : Sep-02-2003
Reported in : 2003(II)OLR523
..... said reported case, this court held that the learned magistrate should have called for a report from the police before proceeding in the complaint case in consonance with provision of section 210 of cr. p.c.5. after hearing learned counsel for the petitioners and learned counsel for the state and after perusing the materials available, i dispose of this ..... quashing the order dated 10.7.2003 passed by the learned s.d.j.m., khurda in i.c.c. no. 52 of 2003 taking cognizance of the offences under section 436, 506, 427 and 34 of i.p.c. against eight accused persons.3. mr. sahoo, learned counsel for the petitioners, submits that for self-same cause of ..... been registered. according to mr. sahoo, investigation of the said case is neither over nor any final report has been submitted. mr. sahoo further submits that the court below acted illegally in taking cognizance of the offences alleged to have committed by the petitioners, in i.c.c. no. 52 of 2003 without following the mandatory provisions of .....
Tag this Judgment!Court : Orissa
Decided on : Sep-05-2003
Reported in : 97(2004)CLT125
..... the apex court in the case of the official liquidator v. dharti dhan (p) ltd.; air 1977 sc 740, while construing the powers conferred under section 442(b) and 446 of the companies act, to stay proceedings whether discretionary by using the word 'may' before stay the proceedings, observed that it is always the purpose of the power which ..... different establishment of branches or units, the word 'may' used therein implies the purpose of a public duty as otherwise the scheme underlying the section could be unworkable. it was held that normally the word 'may' implies what is optional but, it should in the context in which it appears mean 'must', ..... delhi administration v. l. k. nangia and anr., air 1979 sc 1977, the apex court while construing the explanation 17(2) of the prevention of food adulteration act and considering the word 'may' used therein, held that though the explanation in terms, permissible impose a duty on such a company to nominate a person in relation to .....
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