Court : Orissa
Decided on : Feb-08-2006
Reported in : 2006(I)OLR576
..... for the orissa seeds corporation and supply thereof, vigilance cases were registered, investigated and on conclusion of investigation charge sheets were submitted under section 5(1)(c) & 5(1)(d) of the p.c. act read with sections 420 and 120-b, ipc. after cognizance those cases were registered as t.r. case nos. 71, 72 & 73 of 1983 ..... and as mandatorily obliging the court to terminate the same and acquit or discharge the accused. the criminal courts should exercise their available powers, such as those under sections 309, 311 and 258 of the code of criminal procedure to effectuate the right to speedy trial. a watchful and diligent trial judge can prove to be better ..... as the case may be, to proceed with the case with reasonable promptitude. particularly, in this country, where the large majority of accused come from and poorer weaker sections of the society, not versed in the ways of law, where they don't often get competent legal advice, the application of the said rule is wholly inadvisable. .....
Tag this Judgment!Court : Orissa
Decided on : Feb-07-2006
Reported in : 101(2006)CLT625
P.K. Mohanty, J.1. The petitioners in the present Writ Application challenge the action of opposite parties in not granting admission to P.G. Medical Course, 2005 on the ground of non-production of College Leaving Certificate. They have prayed for a direction to admit them to the P.G. Medical Course for which they have been selected in the Entrance Examination after fresh counselling. Prayer has also been made for quashing the counselling of candidates held on 18.4.2005 as illegal and arbitrary.2. The short fact of the petitioners' case bereft of unnecessary details is that petitioners No. 1 to 4 are in-service candidates and they had submitted their service certificates as per the call letter at the time of counselling but the opposite parties insisted that the petitioners have to produce College Leaving Certificate to get admission into P.G. Medical Course, 2005. According to the petitioners, non-production of the College Leaving Certificate at the time of counselling is per se not a...
Tag this Judgment!Court : Orissa
Decided on : Feb-01-2006
Reported in : II(2006)DMC248; 2006(I)OLR333
..... of election. as per the decision in smt. sudha devi v. m.p. narayanan and ors. : [1988]3scr756 affidavits are not included in the definition of evidence in section 3 of the evidence act. the same can be used as evidence only if for sufficient reasons court passes an order under order xix rule 1 or 2 of c.p.c. so ..... of the offences, so, the case at hand can be tried at sambalpur.5. moreover, as mentioned earlier cognizance of the offences under sections 498-a/406/34 i.p.c. read with section 4 of the d.p act was taken on 27.7.2001. as submitted by the learned counsel for the complainant-opp.party no. 2 at the stage of ..... .i.r. registered p.s. case no. 17 of 2000 and took up investigation. after completion of investigation, charge sheet was submitted under sections 498-a/406/34 i.p.c. read with section 4 of the d.p. act against all the petitioners. the s.d.j.m., (s), sambalpur took cognizance of the said offences on 27.7.2001 against all .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-2006
Reported in : AIR2006Ori97; 101(2006)CLT309
..... application is not maintainable as there is an efficacious alternative remedy available to the petitioner by filing an appeal against the final order dated 29.7.2005 under section 19 of the act, before the national commission. with regard to the order dated 2.12.2005 under annexure-2 by which the state commission rejected the application of the ..... to the maintainability of the writ application.6. with regard to the contention of the petitioner that even though there is a provision of appeal under section 19 of the c.p. act, the writ application is maintainable as the allegation made by the petitioner is one of want of jurisdiction on the part of the state commission in ..... petition has held that since a statutory appeal is available to the petitioner, the writ application is misconceived in law.7. since section 3 of the c.p, act specifically provides that the provisions of the act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, we .....
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