Court : Orissa
Reported in : 1972CriLJ219
..... parathion, which is in pholidol as seen from the chemical examiner's report (ext. 12), is a poison, as mentioned in the schedule of poisons attached to chapter xxi of the modi's medical jurisprudence, 17th edition (page 459). as parathion was found in the viscera of the deceased, as stated in the chemical examiner's ..... the above mentioned two criminal appeals arise out of one and the same judgment, passed by the additional sessions judge, dhenkanal in sessions trial no. 2-a of 1968, whereby all the, three appellants stand convicted under section 120b(1), i. p. c, and have been sentenced thereunder to undergo rigorous imprisonment for 10 years. ..... further stated therein that though pholidol was being sold to the villagers, he supplied the same free to duryodhan. in his cross-examination under section 154, evidence act. he negatived the prosecution suggestions that he stated before the police that in the month of bhadrab, preceding his said statement, accused duryodhan came to him and .....
Tag this Judgment!Court : Orissa
Reported in : 1970CriLJ1543
..... bahadur v. nazimul hague, the decree was about two months old, in : air1964ori204 banamali mohapatra v. bajra nahak, the civil court's decision was a year old, while in (1968) 34 cut lt 655 muralidhar nails v. ghatrubhuja, padhan the decree was a year and 3 months old. in the cases where the determination of a competent court is at ..... a magistrate has jurisdiction to continue the proceeding under section 145, criminal p. c.besides the o. l. r. court in a proceeding under section 26 (2) of the act can neither appoint a receiver nor make an interlocutory order for any other arrangement. this is a case where the o. t. r. decision is about 10 years old. ..... a determination in 1958 in an o. t. r. case regarding possession of the property, and secondly that a proceeding under section 26 (2) of the orissa land reforms act was pending. this application of the members of the second party prevailed with the learned magistrate and he came to hold that interim relief was available from the revenue officer .....
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ1496
..... 488, criminal p.c. the magistrate has the power to make a preliminary enquiry before issuing notice to the opposite party, observed:-the relief given under this chapter is essentially of civil nature. it prescribes a summary procedure for compelling a man to maintain his wife or children. the findings of a magistrate under this ..... chapter are not final and the parties can legitimately agitate their rights in a civil court. this chapter is a self-contained one. it recognizes the right of a child or wife to claim maintenance. it prescribes the procedure ..... a means of enforcing the payment of the maintenance ordered by the court. that is why the relief given under chapter xxxvi is considered to be of civil nature. but all the same the proceedings under the said chapter are not civil proceedings so as to attract the provisions of the civil p.c. as the said proceedings are .....
Tag this Judgment!Court : Orissa
Reported in : [1975]35STC152(Orissa)
..... the liability on grounds specified therein. the second stage comes when such a petition under section 8(1) is disposed of under section 9. under chapter iv of the p. d. r. act there is provision for reference to civil court. under section 42, the certificate-debtor can file a suit in a civil court to have the certificate ..... 1963. two certificate cases were therefore started, namely, c. c. no. 1 of 1966 in the court of certificate officer, nawrangpur, and c. c. no. 32 of 1968 in the court of special certificate officer, koraput, jeypore. in respect of the latter case the objection filed by the petitioner was rejected on the ground that the objection petition ..... to march, 1963, including interest of rs. 1,664.99. on receipt of the said requisition the certificate officer started certificate proceedings, viz., c. c. no. 32 of 1968 against the petitioner for recovery of the amount, which forms the subject-matter of 0. j. c. no. 537 of 1971.3. the reopened assessment proceeding also proceeded ex .....
Tag this Judgment!Court : Orissa
Reported in : 43(1977)CLT393; [1978]113ITR196(Orissa)
..... officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the sub-section was substituted and the new provision ran thus :notwithstanding anything ..... shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty. 'the taxation laws (amendment) act of 1975 deleted sub-section (2) of section 274 with effect from april 1, 1976. it is thus clear that the ..... 1976]105itr56(orissa) directly applies. after referring to several authorities, this court observed :'if the inspecting assistant commissioner had passed final orders prior to the amending act of 1970, there would have been no question of loss of jurisdiction, but as the matter was still pending and by change of procedure the references became .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT617
..... of res judicata one meant to prevent inconsistent decrees from coming into existence.27. in virudhunagar steel rolling mills ltd. v. the government of madras : [1968]70itr726(sc) a five-judge constitution bench of the supreme court held where a writ petition is dismissed on merits without notice to the other side and ..... and anr. : [1955]2scr1 is one rendered in an election petition. while considering various provisions of the code of civil procedure and the representation of people act, the apex court reiterated that procedural rules are designed to facilitate justice. these salutary principles expressed in general terms are never questioned. in fact res judicata is ..... , four of which are governmental authorities and the fifth opposite party is one m/s. bhushan steel and strips ltd., another company registered under the companies act. opposite party nos. 6 to 11 are different companies, arrayed as pro forma opposite parties. this writ petition has been filed challenging the decision taken by .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori19; 1977CriLJ2053
..... confession that is not voluntary. section 164, criminal procedure code does not lay down any rule for giving time for reflection before recording a confession. by rule 14 of chapter iii, part i of the high court's general rules and circular orders (criminal) volume i this court also does not specify as to what minimum time ..... what purports to be the confessional statement, cannot be treated as a validly recorded confession under section 164 which could be brought in under section 26, evidence act and that it must, therefore, be disregarded.the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record of ..... 1018) (orissa) where mohanti. j. spoke for the bench examined the self-same question with re-ference to the provisions of section 29 of the evidence act. therein the contention was that the magistrate before recording the confession had not specifically warned the accused that any confession made by him might be used as evidence .....
Tag this Judgment!Court : Orissa
Reported in : (1997)IIILLJ454Ori
..... .i., berhampur, ganjam, copy of which is annexure-a, intimating that the religion of the petitioner was 'pano christian' as per entry in the school admission register dated july 22, 1968; the letter dated january 8, 1990 addressed by the principal, steward science college, cuttack to the regional manager, s.b.i, zonal office, berhampur, ganjam intimating that when the petitioner .....
Tag this Judgment!Court : Orissa
Reported in : 1975CriLJ200
..... shooting. this comment has no legs to stand upon.8. relying upon a decision of this court in the case of harun-tirkey v. the state, 34 cut lt 215 : (1968 cri lj 1251), it is argued that the entire evidence of p. ws, 1 to 4 should be discarded wholesale because they have been found to be guilty of suppression ..... reliable corroboration by aid of which the truth out of the tarnished evidence can be sifted and falsehood distinguished. it is apparently on this principle that the sessions judge has acted in throwing out the entire prosecution evidence and acquitting the accused. in that case truth and falsehood were so inextricably mixed up that it was impossible to pick out the ..... when accused shot him with arrows. there is no corroboration for this statement which does not appear to be true. but the vital part of his testimony regarding the overt acts of the accused has been corroborated not only by the doctor (p. w. 5) but also by p.w. 3 and the out line of his story has received corroboration .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT294; 1972CriLJ1113
..... the suspects were put up for identification in one t. i. parade and they were mixed only with 13 others, thus contravening the provisions of rule 236 (a) of chapter xi of the orissa police manual. the portion of this rule relevant to the above contention is: 'on arrival the suspect shall be mixed up with eight or ten ..... the time of test identification parade held on 2-3-1966 or the identification made in committing court on 23-1-1966 and the court identification held in january, 1968. and yet the witnesses correctly identified the appellant with reference to the part played by him and the weapon used by him at the time of murder. this is ..... and efforts for the observance of the same.11. their lordships, after laying down the above and certain other desirable things in connection with identification parades. ultimately accepted and acted upon the evidence of the two above-mentioned parades of the nature and character stated above.12. in the present case the t. i. parade was conducted by p. .....
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