Court : Orissa
Decided on : Sep-23-2003
Reported in : 97(2004)CLT19
..... been contravention of the aforesaid rule. confronted with the aforesaid position, the learned addl. government advocate stated that there has also been contravention of section 3 of the police (incitement to disaffection) act, 1922. the said provision is quoted below :'3. penalty for causing disaffection, etc. - whoever intentionally causes or attempts to cause or does ..... cause, disaffection towards the government established by law in india amongst the members of a police-force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline shall be punished ..... of discipline among members of the force and hence the charge of creating disaffection stands as per the definition of disaffection given in the police (incitement to disaffection) act, 1922.xx xx xx the following facts have been proved by the prosecution : (i) the delinquent c/689 kamal lochan nayak was posted in the head .....
Tag this Judgment!Court : Orissa
Decided on : Sep-18-2003
Reported in : 2003(II)OLR513
..... i.r. was registered as jagatsinghpur p.s. case no. 46 of 2000 corresponding to g.r. case no. 151 of 2000 under section 498/(a)/34 i.p.c. and section 4 of the dowry prohibition act and the present opposite party no. 2, who was the a.s.i. of police of krushnananapur out-post under tirtol p.s., was ..... in his report has come to the following conclusions :'5. from the register (r.28) maintained in the court of civil judge (jr.divn)-cum-judge-in-charge. copying section, jagatsinghpur' it appears that under serial no. 766 the informant-kalyanilata swain made an application to obtain certified copy of the seizure list in question and other documents on 28 ..... created a false seizure list and a zimanama by taking signatures from the petitioner and his daughter. the petitioner filed an application before the s.d.j.m., jagatsinghpur, under section 457 of the code, which was registered as crl. misc. case no. 79 of 2000, detailing the circumstances under which the petitioner on 4.3.2000 accompanied the .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-2003
Reported in : AIR2004Ori14
..... document if admissible in accordance with section 35 of the evidence act, will automatically not be credible simply because it has been admitted as evidence. a document admitted as evidence is to be considered subject to relevancy and ..... behera v. balaram behera). in both the above decisions, the cited authorities have propounded about admissibility of an admission register in view of the provision in section 35 of the evidence act. there is no dispute to the admissibility of exts. a and b either by the plaintiff or in the findings recorded by the court below. a ..... such relationship of any person, who as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact. section 60 of the evidence act provides that oral evidence must be direct. therefore, when p.ws. 2, 3 and 4 have deposed about adoption claiming personal knowledge about that ceremony .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-2003
Reported in : 2005ACJ915; 96(2003)CLT563
..... the monthly dependency comes to rs. 2884/- and yearly it comes to rs. 34,608/-. applying 16 multiplier, which is the appropriate multiplier as per second schedule to section 163-a of the act, the total compensation is quantified at rs. 5,53,728/-. over and above the aforesaid amount, a sum of rs. 7,500/- each is awarded towards loss of ..... case no. 48/144 of 2000/ 1999.3. respondent nos. 1 to 3, who are the legal heirs of the deceased-baishnab charan das, filed an application under section 166 of the act stating that the said baishnab charan das was working as special messenger in the head office of puri gramya bank at pipili, and on 14.9.1998, after his ..... shri a. k. mohanty, learned counsel for the appellant, and shri p. n. mishra, learned counsel for the respondents.2. this is an appeal under section 173 of the motor vehicles act, 1988 (in short 'the act') at the instance of the insurer challenging the award dated 12.8.2002 passed by the 3rd motor accidents claims tribunal, puri, in m.a.c .....
Tag this Judgment!Court : Orissa
Decided on : Sep-16-2003
Reported in : 3(2005)ACC40
..... to rs. 2,884/- and yearly it will come to rs. 34,608/-. applying the multiplier of 16, which is the appropriate multiplier as per second schedule to section 163-a of the act, the total compensation is quantified at rs. 5,53,728/-. over and above the aforesaid amount, a sum of rs. 7,500/- each is awarded towards loss of ..... no. 48/144 of 2000/1999.3. the respondent nos. 1 to 3, who are the legal heirs of the deceased baishnab charan das, filed an application under section 166 of the act stating that the said baishnab charan das was working as special messenger in the head office of puri gramya bank at pipili and on 14.9.1998, after his ..... . a.k. mohanty, the learned counsel for the appellant and mr. p.n. misra, learned counsel for the respondents.2. this is an appeal under section 173 of the motor vehicles act, 1988 (in short 'the act') at the instance of the insurer challenging the award dated 12.8.2002 passed by the 3rd motor accident claims tribunal, puri, in m.a.c .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-2003
Reported in : 2003(II)OLR438
..... state.2. seeking pre-trial release of petitioner on bail in g.r. case no. 907 of 2003 subjudice before learned s.d.j.m.. angul. present application under section 439 cr.p.c. is made on his behalf.3. prosecution case is that petitioner wrongfully restrained the victim, abused her. committed sexual assault on her and intimidated her ..... tears (more so in posterior half) the edges of which are red, swollen and painful, and bleed on touching, if examined within a day or two after the act. these tears heal within five or six days, and after eight to ten days become shrunken and look like small tags to tissue. frequent sexual intercourse and parturition completely ..... virgin. the reason is obvious. she. for the first time, had sexual inter-course with petitioner as per her allegation. it was also a complete one. her statement under section 161 cr.p.c. recorded by the i.o. shows that petitioner committed sexual assault on her forcibly. therefore, in such a fact situation, her hymen is bound to .....
Tag this Judgment!Court : Orissa
Decided on : Sep-11-2003
Reported in : 2003(II)OLR452
..... for due disposal of the present petition. those two issues read as under :'iv. whether the committee was justified in interpreting the concept of mineral development under section 8(3) of act as requiring the assessment of the captive mining requirement of different industries and the application of the principle of equitable distribution of mining leases?v. whether the ..... authority. normally such decisions are taken by the government after due care and consideration. in a democracy welfare of the people at large and not merely of a small section of the society, has to be the concern of a responsible government. if a considered policy decision has been taken, which is not in conflict with any law ..... the said lease was due to expire on 12.1.1973, tisco applied for renewal of the lease which was duly granted under section 8(2) of the mines and minerals (regulation and development) act, 1957 for an area of 1261.467 hactares for a period of 20 years till 1 1.1.1993 subject to the condition that .....
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 .....
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 : 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 .....
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