Court : Orissa
Reported in : II(2007)ACC893; AIR2007Ori85; 103(2007)CLT308
..... is no scope for retrospective enhancement for default in payment of compensation and no express or implied power can be called out from section 110-c of the old act and section 171 of the new act. such a direction in the award for retrospective enhancement of interest for default in payment of the compensation together with interest payable thereon ..... to get the same. therefore, the direction that during her life time the injured cannot withdraw the same from bank is against the spirit of section 168 of the motor vehicles act which provides that the claims tribunal may make an award determining the amount of compensation which appears to it to be just and specifying the person ..... one year to be renewed from time to time till disposal of the lpa.3. the brief facts of the case are that an application under section 166 of the motor vehicle act was filed before the motor accident claims tribunal, cuttack on behalf of injured jotirmayee alias ranu rout (minor), aged about seven years by her parents .....
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR293
..... cell, cuttack lodged before the superintendent of police (vigilance), central division, cuttack on 5.5.1988, a formal f.i.r. was registered under section 7/9 of the essential commodities act, 1955 (for short, 'the act'). after investigation, a p.r. was filed. it is the case of the prosecution that the respondent no. 1-accused was a dealer of ..... prove mens rea or the guilty intention on the part of the accused persons are contrary to the provisions of section 10-c of the act.6. section 10-c of the act provides that in any prosecution for the offence under the act which requires a culpable mental state on the part of the accused, the court shall presume the existence of ..... committed by the accused and/or the prosecution has failed to prove that the accused persons have committed an offence under the act. in this view of the matter, the question of applicability of section 10-c of the act to the facts of the present case does not arise. i also do not find any perversity or illegality in the .....
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR184
..... clause (i) thereof from the tenor of amendment introduced, it would be manifestly clear that the bar in granting bail, as provided in section 85-a of the act, is primarily relatabie to the offence specified in section 52-a of the act. section 52-a provides penalty for mixing noxious substance with liquor, which is hazardous to human life. to curb such heinous offences ..... implicated in11(a) c.c. no. 255 of 2006 of the court of s.d.j.m., koraput for the alleged commission of offence under section 47(a) of the bihar & orissa excise act (for short 'the act'). it is alleged that on 09.07.2006 at 6.00 p.m. the s.i. of excise, pottangi along with other staff, while ..... from the petitioner, there is no evidence that the petitioner was selling the same.4. learned addl. standing counsel submits that proviso to section 85-a of the act, which has been inserted by way of amendment vide act 10 of 2006, stands as a bar for release of the petitioner on bail. in support of his contention, he relies on a .....
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
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
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
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
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
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
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 .....
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