Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(I)OLR573
..... to monitor the further investigation. it is needless to point out that even after laying of the final report, power of police to conduct further investigation is recognized under section 173 (8) of the cr. p.c. it is also not necessary to hear any person (accused) when direction to police to conduct further investigation of the ..... shri panda, the c.b.i. perfunctorily investigated and did not bestow its due attention in conducting investigation particularly in respect of the offence of criminal conspiracy punishable under section 120-b.. i.p.c. he stated that since some high officials and bureaucrats are involved, the c.b.i. had been attempting to shield them and ..... can file the charge- sheet before the appropriate court and if any objection is to be taken the same can be done before the concerned court in terms of section 173 of the code of criminal procedure.'4. for the purpose of disposal of these applications, a brief resume of relevant events is necessary :following the publication of .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(II)OLR1
..... indian penal code, 1860 when they are committed, attempted, abetted or conspired to be committed, by public servants as defined in clause (c) of section 2 of the prevention of corruption act, 1988.(f) any other particular offences or class of offence that may be specified by the state government from time to time.' on perusal of ..... offences relating to :(i) evasion of taxes and different control orders;(ii) transit and possession of forest produces as enumerated in sections 45 and 46 of the orissa forest act, 1972 (orissa act 14 of 1972) read with section 56 of the said act;(iii) the orissa timber and other forest produce-transit rules, 1980.(iv) offences under the essential commodities ..... f.i.r. was registered for commission of offences by the petitioner as well the executive engineer under sections 120-b/420/468/471 of the penal code read with section 13 (2) and 13(l)(d) of the prevention of corruption act, 1988. it also appears that the f.i.r. was received by the superintendent of police. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003(II)OLR24
..... mathur reported in 1995 criminal law journal 387 a divergent view was taken and it was held as follows :'the purpose of an inquiry or investigation contemplated under section 202 of the code is for the purpose of deciding whether or not there exists sufficient ground for proceeding against the person complained of. thus while the purpose of ..... (18) o.c.r. 207 where the court observed as follows :'at the stage of taking cognizance of offences on the basis of complaint received, as provided in section 200 of the code, the cognizance taking magistrate is bound to record the statement of the complainant, which is popularly known as initial statement. at that stage, if ..... from the above four decisions, it is clear that the question that arises for consideration is whether the learned magistrate has. to take cognizance first and then proceed under section 202, cr.p.c. or hold an inquiry and thereafter take cognizance. the apex court in the case of state of west bengal v. mohd. khalid reported in .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-2003
Reported in : 2003(II)OLR16
..... to be interfered with.4. on due consideration of the contention of both the parties and keeping in view the provision in section 51 of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972 (in short 'the act') it is seen that the jurisdiction of the civil court has been barred relating to decision on dispute relating to all ..... by the consolidation authorities has to be respected until it is found to be illegal or incorrect. therefore, the learned district judge without visualising the provision of law appropriately has acted illegally and passed order of temporary injunction. accordingly, the same is set aside and the civil revision is allowed.5. it is stated at the bar that the suit be .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-2003
Reported in : 2003(II)OLR21
..... sessions judge-cum-special judge, cuttack (2002) 22 ocr 92, wherein it was held thus - ''hence, on a conjoint reading of the provisions of section 20 and section 23 of the act, the irresistible conclusion that can be drawn is that the investigation can only be done by a police officer not below the rank of a deputy superintendent ..... p.c. was forwarded by the inspector-in-charge of sahidnagar police station, 1, however, find that, even if case was registered for the offence under section 3 of the act and cognizance was taken thereunder, investigation into the said offence was not done by a designated police officer in terms of the statutory provisions, i.e, ..... which cognizance has been taken against the petitioners; and (ii) that even though the case was registered against the petitioners for the offence under section 3 (ii) and (x) of the act and cognizance decided on 24th april, 2003. was taken thereunder, investigation has not been done by a deputy superintendent of police as required by .....
Tag this Judgment!Court : Orissa
Decided on : Apr-23-2003
Reported in : 2003(I)OLR666
..... without any pre-meditation and it all happened because of hot exchange of words between the appellant and the deceased and, therefore, the offence would come within exception-1 of section 300. i.p.c.the appellant is the nephew of the deceased. there is nothing on record to suggest that the appellant had any intention to cause the death of ..... is sentenced to the period of imprisonment already undergone by him.7. in the result, the appeal is allowed in part. the appellant's conviction under section 302. i.p.c. is altered to one under section 304. part-i, i.p.c. in view of his incarceration for more than eight years, we direct his release forthwith, if his detention is ..... and during such quarrel the appellant gave the fatal blow. in the circumstances we are inclined hold that the appellant is entitled to the benefit of exception-1 of section 300. i.p.c. we. accordingly, hold him guilty under section 304 part-1. i.p.c. and convict him thereunder.for the reasons aforesaid his conviction under .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2003
Reported in : 95(2003)CLT700
..... the time of his death. the present case being filed by the father, mother and unmarried sisters, they come within the purview of section 2(1)(d)(iii)(b) & (d) of the act if they are wholly or in part dependant on the earning of the workman at the time of his death. he further submits that ..... judgment, the insurance company has preferred the present appeal.6. in course of hearing, mr. dutta, learned counsel for the insurance company has urged that under section 22 of the workmen's compensation act where an accident occurred in respect of which liability to pay compensation arises, a claim for such compensation is subject to provision of the ..... act. he further submits that section 2(1)(d) of the act defines the types of dependants. the first category mentioned in the aforesaid section are automatically dependants and the second category are to plead and prove as to whether the dependants .....
Tag this Judgment!Court : Orissa
Decided on : Apr-21-2003
Reported in : 2003(I)OLR583
..... s.c. 536 (vencil pusparaj v. state of rajasthan). the law is well settled that in order to bring an accused under the purview of section 34 i.p.c. he must have acted in concert or there was existence of pre-arranged plan to commit murder of the deceased in order that common intention on the part of the accused ..... that of appellant sauki. we are fully convinced that case of appellant gangadhar is not at all different from that of appellant sauki. as such, act of gangadhar can be brought within the purview of section 34 of the indian penal code for having common intention withappellant sauki in stabbing the deceased. as such, the contention of the appellants, counsel having ..... . to him. appellant sauki stands in a different footing from that of appellant gangadhar. in such a view of the matter he has urged that act of appellant gangadhar cannot be brought within hie purview of section 34 of indian penal code.21. relying on 1988 (1) o.l.r. 626 (tunu puturi and ors. v. state of orissa) appellants .....
Tag this Judgment!Court : Orissa
Decided on : Apr-18-2003
Reported in : 2003(I)OLR602
..... se dispute, ends of justice and equity demands that an opportunity should be given to the petitioner to examine some of the witnesses in exercise of the power conferred under section 311 cr.p.c. but then, after hearing the counsel. i am satisfied that the courts below have not committed any irregularity in rejecting the petition . filed by ..... thus, the word 'shall' in the second clause is mandatory and imperative in nature and character and the word 'may' in the first clause, is directory. in short, under section 311 of the code, the power of the court to examine a witness for a just decision of the case, cannot be curtailed in any manner or beyond any state ..... 'may' and 'shall' in the same provision which means the legislature did not leave it to the discretion of the court to intrepret both the expressions. reading of the section would lead to a conclusion that at any stage of inquiry, trial or other proceeding if the court so requires, it 'may summon' any person as witness or examine any .....
Tag this Judgment!Court : Orissa
Decided on : Apr-17-2003
Reported in : 2003(II)OLR18
..... 2 commenced the aforesaid civil proceeding no. 262 of 1996 in the court of learned judge, family court, cuttack by a petition under section 22 of the indian divorce act, 1869 read with section 7 of the family courts act, 1984 for a decree of divorce against petitioner no. 1 on the grounds of cruelty and desertion.3. admittedly, the parties belong ..... . 2) were born who are now grown-up. the son is married and is carrying on business. opposite party no. 2 in his petition under section 22 of the indian divorce act, 1869 alleged that petitioner no. 1 with the help of their major son and daughter tried to kick him out.of the house. she started misbehaving with ..... the present case is a case covered under the principal act. the principal act has come to be amended by the indian divorce (amendment) act, 2001 (act 51 of 2001) which has come into force with effect from 3.10.2001 by virtue of which sections 17 and 20 of the principal act stand amended dispensing with the provision of confirmation of the .....
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