Court : Orissa
Decided on : Dec-05-2006
Reported in : 103(2007)CLT458; 2007(I)OLR291
..... temple in large numbers at a time, which according to the administration, would create law and order problem. the collector, kendrapara is at liberty to pass necessary prohibitory orders under section 144 cr.p.c. or under any other provisions of law as he may deem fit and proper in the circumstances prevailing. it would also be open for the collector .....
Tag this Judgment!Court : Orissa
Decided on : Dec-06-2006
Reported in : 2007CriLJ1777
..... down and died instantaneously.11. this version in the f. i. r. is corroborated by pw-1 in the witness box as already mentioned above. therefore, the act of the accused-respondent was one under sections 299 and 300 of i. p. c. without any exception, i.e., culpable homicide amounting to murder. in the recent case, reported in 2006 (6) supreme ..... containing stains of human blood as wall as the chemical examination report has been found without any doubt, bui he has held that the act committed by the accused would come under section 304, part i and not under section 302,1, p. c. in this regard, the relevant portion of the opinion of the learned sessions judge is quoted as under ..... the offence is such which is covered by clauses (i) or (ii) mentioned above, the offender would be liable to be convicted under section 304, part-i, ipc as it uses the expression 'if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause .....
Tag this Judgment!Court : Orissa
Decided on : Dec-07-2006
Reported in : (2007)9VST95(Orissa)
..... the certificate as well as clarification issued by the industries department, sri ganguly contended that the authorities of the sales tax department of the state have acted grossly in excess of their authority by denying the petitioner-company the benefits available under ipr, 1996 and therefore, consequently, the petitioner has sought for ..... supreme court in case of anil kumar chowdhury v. state of assam : [1975]3scr878 , wherein the supreme court held that 'the governments speak and act formally and in solemn writing and not informally'. he submitted that the honourable supreme court has specifically rejected the contentions of the state government that the affidavit ..... to consider the exemption that the petitioner is entitled to under the i.p.r., 1996. according to the petitioner it had set up its unit acting upon the industrial policy resolution, 1996 (hereinafter referred to as 'ipr, 1996') having fulfilled the terms and conditions regarding investments in capital within the stipulated .....
Tag this Judgment!Court : Orissa
Decided on : Dec-08-2006
Reported in : 2007(1)OLR224
..... the petition was rejected with liberty to the petitioner to move afresh after submission of charge sheet. charge sheet was submitted on 19.10.2006 for commission of offences under sections 302/120-b/34 of the penal code. the petitioner has moved this application again for grant of bail.2. heard learned counsel for the petitioner, learned counsel for the ..... threatened the informant that her son will be killed. if the statement of the co-accused is also taken into consideration, it will be found that at best offence under section 120-b of the indian penal code may be made out against the petitioner. the petitioner has remained in custody since july, 2006 and charge sheet having been submitted, the .....
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2006
Reported in : 2007(1)OLR150
..... to the conscience of their constitutional duty under article 23 and are desirous to have the prostitution eradicated from the root with the aid of itp act, ipc and other appropriate legislative or executive actions. sequential rehabilitation of the fallen women rescued from the red light areas and other areas requires enforcement. the observations made in this ..... in a democratic polity includes its three constitutional organs - the legislature, the executive and the judiciary. legislature has already done its duty. the executive and the judiciary are required to act in union to ensure enforcement of fundamental and human rights of the fallen women. i am also conscious that union of india as well as the state governments are sensitive .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-2006
Reported in : 2007(1)OLR179
..... , if any, as he thinks necessary, reject any nomination on any of the following grounds-(i) that the candidate is ineligible for contesting election under sections 12,13 and 16 of this act;(ii) that the candidate is unable to produce an affidavit from the competent authority to the effect that he has not more than one spouse living and ..... rule 29(1) of the orissa municipal (delimitation of wards, reservation of seats and conduct of election) rules, 1994. the said rules have been framed under section 392 of the orissa municipal act, 1950.7. under rule 29 of the said rules it provides for scrutiny of nomination papers. rule 29(1) of the rules on which the election officer ..... was filed on the last date for receiving nomination paper. as such, it was held that the said defect is substantial within the meaning of section 36(4) of the representation of the people act, 1951 and cannot be remedied at the time of scrutiny and therefore, the nomination paper in such a situation has to be rejected. it is .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-2006
Reported in : 2007(1)OLR169
..... decision of this court in the case of kishore chandra mohapatra v. panchanan singh and ors. reported in 1995 (8) ocr 241. the court in the said decision observed that section 311 of the code of criminal procedure gives very wide powers to all courts at any stage in any proceeding to examine a witness if his evidence appears to be ..... will not be out of place to mention that the petitioner is facing trial for commission of offence under sections 120-b/420 and 34 of the indian penal code read with section 13(2) and 13(1)(d) of the prevention of corruption act. such type of cases mostly depend on the documents and the witnesses are examined on behalf of the ..... l. mohapatra, j.1. this application under section 482 cr.p.c. is directed against the order dated 14.11.2006 passed by the special judge, c.b.i., bhubaneswar in t.r. no. 24 of 2002 rejecting .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-2006
Reported in : 103(2007)CLT305
..... in (1989) 31 ojd 628 (sri sri gramadevati budhi thakurani v. purna). learned counsel for the petitioner forcefully submitted that during pendency of a proceeding under sections 211 and 213 of the indian succession act, the proceeding of the civil suit ought to have been stayed.4. learned counsel for the opposite parties who are plaintiffs in the suit, at the other .....
Tag this Judgment!Court : Orissa
Decided on : Dec-14-2006
Reported in : 2007(210)ELT501(Ori)
..... answer the question in favour of the assessee. this court finds that the aforesaid principles are applicable to the exercise of reference jurisdiction by the high court under section 35k of the act.31. following the aforesaid principles, this court is unable to uphold the finding, by the majority decision, of the tribunal and this court is of the opinion ..... records and the privately maintained records. this aspect of the matter was not considered by the tribunal at all.26. on the question of penalty imposed under section 11ac of central excise act, 1944 the learned counsel for the company submitted that the said penally could not be imposed in the facts of the case. the said penalty was imposed ..... why central excise duty amounting to rs. 56,68,991/- as mentioned in the show cause notice should not be paid by the company in cash under section 11a of central excise act read with rule 9(2) thereof and under rule 57-1 of the said rule being a central excise duty involved on 858.938 mts of meg .....
Tag this Judgment!Court : Orissa
Decided on : Dec-18-2006
Reported in : 2007(1)OLR166
A.K. Ganguly, J.1. This writ petition has been filed challenging the process of auction of Sand Sairat Source namely, Chitrotpala River Sand, Shantpur, in favour of opposite party No. 5.2. The allegation in the writ petition is that the process of auction of the said Sairat Source has been conducted without issuing public notice as required under Rule-38 of the Orissa Minor Minerals Concession Rules, 2004 and it was done in such a manner so as to favour the opposite party No. 5 by accepting his bid.3. The main ground of challenge is that the date of holding of public auction was fixed to 25.2.2006. From the order sheet which has been disclosed in the writ petition it appears that on 17th February, 2006 the papers were put up before the opposite party No. 4, Tahasildar, Salipur, and on that date he directed issuance of notice for public auction on 25.2.2006. But it appears that the impugned notice was issued on 16.2.2006.4. Learned Counsel for the petitioner submitted that the entire pr...
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