Court : Orissa
Reported in : 1994(I)OLR370
..... that section 18-b applies to transactions prior to notifications under sub-section (1) thereof. accordingly, trial court is not correct in excluing operation of section 18-b of the act to have effect on the suit. though plaintiff did not advance the loan on the basis of mortgage, by transfer of the right, title and interest in the mortogage, he ..... defendant no. 1.5. mr. b. l. n. swamy, learned counsel for appellant, submitted that the suit has abated in view of section 18-b of the orissa money-lenders act, 1939 as amended in 1975. he submitted that admittedly plaintiff is a money-lender in regular course of business. when he got the mortgage transferred from defendant no. 6, he ..... of the mortgage was necessary to continue the suit. no certificate having been obtained, the suit is not entertainable as provided under section 18-b of the orissa money lenders act.7. in result, appeal is allowed. suit is dismissed being barred under section 13-b of the orissa money-lenders .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR78
..... for dowry by pw 1 could have been the only motive for the appellant to commit the crime. there may be other reasons for which he might have done the act. that apart, as observed earlier on the face of clinching evidence, though circumstantial, absence of motive cannot be of any assistance to the appellant's plea of innocence.10. the .....
Tag this Judgment!Court : Orissa
Reported in : 1997(II)OLR34
C.R. Pal, J.1. This is a petition Under Section 439(2) read, with Section 482, Cr.P.C. wherein the petitioner who is the informant in G.R. Case No. 228 of 1995 of the court of S.D.J.M., Puri has prayed for cancellation of bail granted to the opposite party No. 2 by the Second Additional Sessions Judge, Puri and the bail granted to the opposite parties 3 and 4 by the Investigating Officer.2. The facts of the case are as follows:On 26.11.1995 the present opposite party No. 2 Batakrushna Panda lodged an information alleging that while he along with his co-villagers were cleaning the village road which the present petitioner's family had encroached the petitioner's father, mother and sister scolded the members engaged in cleaning and the petitioner's father Puma Chandra Panda and one Laxmidhar Panda who were armed with Farsa and Kati threatened them and assaulted the opposite party No. 2 and caused bleeding injury on his person. Sabita Panda also assaulted the opposite party No. 2 by means...
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR89
..... not be in any manner less favourable than the terms and conditions which were applicable to them immediately prior to such constitution.taking into consideration sec. 81 of the act and rule 3 of the rules, the court held that it is absolutely clear that the state government, while constituting the local fund service under the rules and ..... the orissa state municipal council's union. but it does not include a municipal corporation, as, defined in the amended clause (17-b) of sec. 3 of the act. the impugned orders are in respect of employees working in the corporation. it has been urged that since in the above definition, municipal corporation has not been included, the ..... we hold that the rules are not applicable to the employees of the corporation. we, however, make it clear that in view of the definition of 'municipality' in the act, the rule-makers have power to amend the rules to enlarge the definition of municipality. but, while doing so, the ratio laid down in kishore chandra samal's, case .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR480
R.K. Patra, J.1. The Utkal University in its notification No. 231 dated 22.4.1998 at Annexure-A penalised the petitioner by cancelling he result of Plus Three Final Degree Examination, 1997 and further debarring her from appearing at the next examination. The validity of the aforesaid imposition of penalty is assailed by her in this writ application.2. Briefly stated the case of the petitioner is that she was submitted to appear in the Plus Three Final Degree Examination, 1$97 as a regular candidate from K.B.S. Women's College, Darghapatna, Cuttack. Her Roll number was 137C94033. On 15.4.1997 when she was taking History Paper-III examination, a flying squad entered the hall at about 12 noon. She was sitting in the front row of the hall close to the seat of the Invigilator. At that time someone from behind her back threw some papers which fell by her side. She had no knowledge or scope to know who threw it as she was busy in writing her answers. A member of the flying squad lifted the p...
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC36; 2006ACJ475; 98(2004)CLT280
..... time when the accident took place and not all possible work that a human being undertakes.10. partial disablement has been defined under section 2(1)(g) of the act to mean where disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment which he was engaged at the time ..... than what is specified in the schedule. so far as the cases where the injuries are not specified in the schedule, sub-section (ii) was inserted by amending act 22 of 1984, which contemplates that in case of injuries not specified in the schedule, such percentage of compensation payable in case of permanent total disablement as a proportionate ..... whether a workman who sustains injuries and is incapacitated due to such injuries, would be governed by the calculation stipulated under section 2(1)(c) of the w.c. act, as indicated in the schedule (1) or may be awarded more than what has been fixed in the schedule,6. the contention of the learned counsel for the appellant .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR685
..... as a result of enquiry conducted against him in accordance with the relevant rules and the procedure laid down thereunder. there may be cases where on the suspicion of some act committed by the delinquent, departmental enquiry is ordered and the delinquent is placed under suspension but if the enquiring officer finds the delinquent spotless and recommends his exoneration and the ..... a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by government, or to a local authority set up by an act of parliament or of the legislature of a state, by negligence or breach of orders.(v) suspension;(vi) reduction to a lower service, grade or post or to a lower .....
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ2582
..... that accused gula is the author of any of the injuries found on the dead body of the deceased. it is seen from the impugned judgment that the trial court acted on irrelevant opinion from modi's medical jurisprudence to state that the incised wound on the head of the deceased could be possible by a split bamboo lathi. that ..... that all these injuries could be possible by the curved knife shown to him. so the evidence of p. ws. 1, 2 and 5 which was wrongly appreciated and acted upon by the trial court that accused santosh assaulted by axe is not correct. in other words prosecution has failed to prove that accused santosh dealt axe blow and caused ..... deceased did not die at the spot. accused surya nath inflicted the knife blows on the deceased without premeditation and he neither took undue advantage nor acted in cruel or unusual mariner. so his act is culpable homicide not amounting to murder. admittedly the deceased did not die at the spot and according to the opinion of the doctor (p.w .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR838
L. Mohapatra, J.1. All the appellants having been convicted for commission of the offences under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life by the learned Sessions Judge, Dhenkanal-Angul in S.T. Case No. 79 of 1993 have preferred this appeal.2. The case of the prosecution is that accused Gadadhar Dehury had a daughter, namely, Susama Dehury, who fell in love with deceased Girish Naik of the same village and ultimately because of protest from the family members on the ground of caste, in the month of June, 1992 the deceased Girish took away Susama (P.W.9) from the village and got married to her in a Court at Hindol. Thereafter, they came back to the village and stayed in the house of the deceased. On account of the above, there was ill feeling between accused Gadadhar Dehury and the deceased. On 27.10.1992 at about 4.00 P.M. when the deceased had come to the village tank near the house of Gadadhar along with one Saranga and Murali Na...
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT1027; [1970]25STC171(Orissa)
..... counsel for the department took up a preliminary objection that the legality and vires of rule 12(10) are not liable to be questionedunder section 24 of the orissa act, because the assessing authorities including the tribunal are creatures of statute, and the high court in exercise of its advisory jurisdiction under section 24 has -no powers higher ..... whether in the circumstances of the case the tribunal was justified in holding that the petitioner was not entitled to the concessional rate and whether the central sales tax act and the rules made thereunder support the legal finding of the tribunal.aggrieved by this order of the tribunal, the petitioner filed applications before the high court to ..... of the first and second provisos.10. our conclusion is also fully supported by tirukoilur oil mills v. state of madras, a.i.r 1968 mad. 311 gordon woodroffe & co. v. state of madras, [1968] 21 s.t.c. 120 and basta colla colliery v. state of bihar a.i.r 1969 pat. 42. on the aforesaid reasoning .....
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