Court : Orissa
Reported in : AIR2006Ori47
..... the electoral roll of a constituency cannot be interfered with and no one can go behind the entries except for the purpose of considering disqualification under section 16 of the 1950 act. 25. it has also been held by the supreme court in the case of indrajit barua v. election commission of india air 1986 sc 103 ..... election of the returned candidate has been challenged on the grounds contained in sub-clause (iii) and (iv) of clause d, sub-section (1) of the section 100 of the representation of the people act, 1951.21. as per his submission, in village chadiapali 728 electors exercised their franchise through electronic voting machine but due to mechanical defect ..... petition is not maintainable because of not challenging the deletion of the names of voters in the appellate forum.issue no. 619. sub-section (1) of section 100 of the representation of the people act 1951 enumerates the grounds on which an election can be declared void; it reads as follows :100. grounds for declaring election to .....
Tag this Judgment!Court : Orissa
Reported in : 2006(1)OLR38
..... them for the said offences. the s.d.j.m. (sadar), cuttack took cognizance of the offence under sections 420/418/166/120-b of i.p.c. against the petitioner and guruprasad kanungo.2. being aggrieved with the order of taking cognizance, the petitioner has filed the ..... 2,00,000/- has been kept as fixed deposit. he verified the records and found the same to be correct. on the basis of this report, a case under sections 420/418/166/120-b of i.p.c. was registered against the petitioner and co-accused, guru prasad karungo. after completion of investigation charge sheet was submitted against ..... to sign on some blank forms. when he asked for the cash, the branch manager told him to avail overdrawal loan facility to meet his requirements. the informant then acted accordingly and availed overdrawal loan facility of rs. 1,10,723/-. subsequently, he learnt from some staff of the said bank that the entire loan amount of rs. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT349; 2006(1)OLR16
..... party was below 21 years of age, and (ii) she was not a person within the said panchayat area in accordance with the provision in sub-section (1) of section 4 of the act, 1964 and, therefore, she was not qualified to contest for election as a member of the grama panchayat and consequentially as the sarpanch. opposite party disputed ..... recorded as 19 years. it was stated at the bar that admissibility of such documents as evidence is not a dispute because of provision of law in section 35 of indian evidence act. once that be so, the voter lists - exts.c and 2 are not conclusive proof of the age and other description made in favour of the ..... post. opposite party was declared elected on securing the highest vote. applicant secured the second highest vote. he filed the election petition under sections 30 and 31 of the orissa grama panchayat act, 1964 (in short 'the act, 1964'). applicant challenged to the aforesaid election of the opposite party, inter alia, on the grounds that- (i) by the date .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori82; 101(2006)CLT393; 2006(1)CTLJ261(Ori)
..... sale of immovable properties is recognized by law, the plaintiffs were entitled to specific performances of contract under the provisions of section 9 of the transfer of property act and section 10 of the specific relief act. he also submitted that the physical possession of the shop room by the appellant being the admitted case of the parties ..... when no notice was given to the persons in occupation of the shop rooms prior to the execution of the registered sale deeds, protection under section 19(b) of the specific relief act is not available to defendant nos. 2 to 4 and they cannot evict the persons in possession of the shop rooms. in support of ..... and defendant no. 1 and defendant no. 1 received rs. 5,000/- towards part consideration money ?(vii) are the defendants entitled to relief under section 53-a of transfer of property act ?(viii) to what relief/reliefs the plaintiffs are entitled to ?6. parties led oral and documentary evidence in support of their respective cases. learned trial .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT245
..... raising any objection about lack of 15 clear days notice and so, this court held that the petitioner cannot take the plea of violation of the provisions of section 24(2)(c) of the act. the said ratio is not applicable in the case at hand, as in the present case, the petitioner filed the writ application soon after receipt of the ..... on 3.8.2004. even if the dates 17.7.2004 and 3.8.2004 are excluded still clear 15 days gap is available. therefore, the provisions of section 24(2)(c) of the act was never violated in the present case.7. mr. s. d. das, learned senior counsel appearing for opposite parties 4 to 15 submitted that the petitioner participated ..... of orissa and ors. 1988 (i) olr 76, and smt. heeramani munda v. collector, keonjhar and ors. : 99(2005)clt180 , this court, while interpreting the provisions of section 24(2)(c) of the act, have observed in clear terms that the date of signing of the notice by the sub-collector and the date of receipt of the notice by the members .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ1322
..... accused had got the knife manufactured with a local black-smith but that aspect is of no consequence in view of the evidence regarding recovery under section 27 of the evidence act and the report of the doctor. the above noted prosecution evidence in this regard are sufficient to establish that the knife which was possibly used for ..... also not visible. so, the submission of the defence in this regard has no merit and the recovery of the weapon of offence is admissible under section 27 of the evidence act. it was argued by learned counsel for the appellant laxman that no human blood was found on the weapon and so, the weapon could not be ..... accused laxman was with the deceased;(ii) discovery of the weapon of offence on the information given by accused-laxman under section 27 of the evidence act.(iii) discovery of the stolen money under section 27 of the evidence act;(iv) discovery of blood-stained wearing apparels and the conduct of the accused laxman absconding soon after the occurrence. 8. .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT330; 2006(I)OLR132
..... he submitted that as the family survey register of anganbari. centre is never maintained by a public servant the same is therefore, not admissible in evidences per section 35 of the evidence act. in support of his contention he relied on the decisions in : air2004ori14 bami bewa v. krushna chandra swain @ gochhayat and ors. : air1986sc3 ram ..... register of anganbari centre are made by anganbari worker in performance of her duties specifically enjoined by law and as such those entries are admissible under section 35 of the evidence act. in support of such contention mr. rout relies on the cases of harpal singh and anr. v. state of himachal pradesh : 1981crilj1 and ..... sri radhakrishna : [1983]2scr808 relied by the courts below. in these decisions, it has been held that in order to render a document admissible under section 35 of the evidence act three conditions must be satisfied, namely, (i) the entries relied upon must be one in any publication or other official book, register or record; ( .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT250; [2006(109)FLR269]
..... for the claimant-respondent no. 1 on the other hand contended that the appeal is not maintainable under section 30 of the act as it does not involve any substantial question of law as per the first proviso to section 30 of the act. he further submitted that even though the doctor has not certified the percentage of the loss of ..... per annum from 22.3.2002 till realization. being aggrieved by the said order/award dated 8.5.2003, the appellant-insurer has preferred the present appeal under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as 'the act').3. the sole point raised by mr. sinha, learned counsel for the appellant is that the commissioner has ..... the earning capacity of the injured and has not been examined as a witness, it is always open for the commissioner under the act to assess the loss of earning capacity .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT272; 2006(1)OLR33
..... departmental proceeding in question and the opposite parties have violated the principles of natural justice by denying him to engage defence assistant on the ground that as per crpf act and rules, he was not entitled to such benefit, vide letter dated 6th october, 2001 issued by addl. digp gc crpf bhubaneswar (supra). therefore, the ..... the subsequent enquiry the petitioner was denied defence assistance, vide above quoted order of additional digp gc crpf bhubaneswar on 6th october 2001, in which reference to crpf act and rules was made and it was mentioned that he was not entitled/ eligible for defence assistance. here under the law as discussed above, he was entitled ..... crpf, bhubaneswar under the administrative control of addl. digp, g.c., bhubaneswar, he had committed an act of grave misconduct in his capacity as a member of the force as per the provisions of section 11(1) of crpf act, 1949. the alleged misconduct was that on 11.8.1999 the petitioner had assaulted a constable, namely, .....
Tag this Judgment!Court : Orissa
Reported in : 2007ACJ941
..... jurisdiction to grant interim compensation in claim cases before him, where such cases arise out of accidents involving use of motor vehicle, as contemplated in section 140(1) of the motor vehicles act.7. the decision of the supreme court in the case of shivaji dayanu patil v. vatschala uttam more : [1991]3scr26a , was relied upon ..... in which issues have been framed. the commissioner on considering the application filed by respondent nos. 1 and 2 for grant of interim compensation under section 140 of the motor vehicles act, as well as the documents filed by the claimants, such as, certified copies of the f.i.r., case diary, zimanama and the ..... workmen's compensation commissioner-cum-asst. labour commissioner, sambalpur. during the pendency of the said case, respondent nos. 1 and 2 filed application under section 140 of the motor vehicles act, 1988 for grant of interim compensation under no fault liability in their favour. the commissioner by the impugned order dated 24.7.99 taking into .....
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