Court : Orissa
Reported in : AIR1956Ori129; 22(1956)CLT351; 1956CriLJ909
..... magistrate empowered to take cognizance of the offence and to try the accused, if it appears upon an investigation that there is sufficient evidence and reasonable ground for so doing, without submitting a final report under section 173, even then it is necessary that a report should be sent in so forwarding the accused stating that there is sufficient evidence or reasonable ground that the accused has committed the offence; and the ..... xii and trials in summons cases, warrant cases, summary trials and trials by courts of session.from this scheme of the act, in my opinion, it is clear that section 344 applies only to cases of which the magistrate has taken cognizance and issued processes or warrant for the attendance of the ..... which a superior officer can order a further investigation.consequently, if the police are to act according to law, it is imperative that they should file a charge-sheet within 15 days if they want that the accused should be remanded to custody under section 344, and the magistrate should take cognizance before he orders a remand under that section.if the police cannot finish the investigation within 15 days, there is nothing to prevent ..... it is enough if the accused is forwarded to a magistrate empowered to take cognizance, to enable the magistrate to act under section 344 and remand the accused and that it is not necessary that he should take cognizance of the offence before remanding the accused under section 344. ..... acting district magistrate under section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori218; 22(1956)CLT392; 1956CriLJ1424
..... the authorities of the bargarh municipality prosecuted them for an offence under section 383, orissa municipality act 1950 (orissa act 23 of 1950), read with sections 252 and 254 of that act, on the ground that they encroached on the same highway and that they omitted to remove the encroachment even though they were given notice by the executive officer to remove ..... it was also admitted by the learned government advocate appearing on behalf of the state, that there is no order under section 123 of the municipal act making over this portion of the road to bargarh municipality for the purpose of management and control.hence, though there is no direct evidence in this case about the maintenance of the road, it may be assumed ..... thus, on a close scrutiny of the provisions of sections 252 to 260 of the orissa municipal act which are all placed under the sub-heading 'encroachment on roads ..... this section does not, in terms, say that the municipality can maintain only those public roads which either vest in the municipality under section 121 of that act, or have been made over to them by the state government under section 123.the bargarh municipal council may therefore claim their right to maintain the road in question at ..... these provisions it is clearly mentioned that the public road must have vested in the municipality before it could take action under those provisions.sections 247 to 251 seal with the power of the municipality over 'private roads' as defined in section 3(27) of that act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori90; 22(1956)CLT429
..... on the 12th january 1949, the government of india act was amended by inserting two new provisions, namely sections 290a' and 290b by which the governor-general was given power by order to direct that a state shall be administered in all respects as if it formed part of a governor's province specified ..... 5019-f, dated the 1st april 1949) by which the remaining sections of that act, namely sections 2 to 50, were also brought into force in all the former orissa states with ..... of the expression 'ruler of an indian state' in the definition of the expression 'person' in section 2(1) of the orissa agricultural income-tax act, 1947, would not mean that the ex-ruler has ceased to be a person. ..... former orissa state is not a 'person' as defined in the orissa agricultural income-tax act (see section 2(1) ) and consequently he was not liable to pay any such tax. 5. ..... the orissa agricultural income-tax act 1947 (orissa act xxiv of 1947) was in force in the old province of orissa with effect from the 12th july 1947, but its extension to the former orissa states was somewhat delayed, and the first modification applying section 1 of that act to the orissa states was issued by the government of orissa in the home department, ..... must be held that the orissa agricultural income-tax act was validly applied throughout the former orissa states by the government of orissa, finance department, notification no 5012-f dated 1st april 1949. ..... notification dated 1st april 1949 (finance department notification no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori39; 23(1957)CLT1; 1957CriLJ384
..... the division bench which referred the question to the full bench noticed the aforesaid decision of this court but pointed out that in that decision the amendment made to the opium act by orissa act ii of 1939 was not taken into consideration and that there were sufficient grounds for referring the question to a full bench in order to examine the correctness of the patna ..... section 20 of the opium act of 1878 was amended by the opium (orissa amendment) act 1939 (orissa act ii of 1939) and in place of section 20 several news, namely 20, 20a to 20-1 were substituted in the parent act ..... also the offence was under the opium act of 1873, which was amended by madras act ii of 1951 by which a new section namely section 20-a, was inserted conferring on excise officers powers of an officer in charge of police station for the purpose of investigation of an offence under the opium act. ..... the madras amendment was not so elaborate as the orissa amendment of 1939; and the detailed provisions such as sections 20-b to 20-i describing in full all the powers conferred on an excise officer investigating an offence under the excise act, are ..... high court seems to have inferred the applicability of section 162 from the general words of section 20-a of the madras amendment. ..... i find that in section 78 of the bihar & orissa excise act 1915 (act ii of 1915) it has been specially provided that an excise officer investigating an offence under that act may exercise all the powers under sections 160 to 171 of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori203
..... is an application filed by the state of orissa through the secretary to the government of orissa, finance department under section 38 of the indian companies act (act vii of 1913) praying to order that the register of members of the company (the indian ..... for rectifying the share register under section 38 of the companies act cannot be allowed where there are serious disputes as to whether the resolution of the company is valid and intra vires and whether there can be a valid transfer of those shares in pursuance of that resolution and the issues arising between the parties cannot be properly decided in the summary proceedings under this section and that the proper course in ..... -section (2) of section 3 of the extra provincial jurisdiction act, 1947 (xlvii of 1947), and of all other powers enabling it in this behalf, the central government is pleased to direct that the mayurbhanj (administration) order, 1948, shall toe cancelled with effect from the 1-1-1949 and to delegate to the provincial government of orissa with effect from the said date the extra provincial jurisdiction as aforesaid, including the power conferred by section 4 of the said act ..... 342 p dated the 7-11-1948, in exercise of the powers conferred by sections 3 and 4 of the extra provincial jurisdiction act, 1947 (xlvii of 1947) and of all other powers enabling it in this behalf, the central government passed an order called 'the mayurbhanj (administration) order, 1948', where-bv it enacted that there shall be a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori180; 23(1957)CLT210
..... arises' for the purpose of the board acting if it simply does not recognise the right claimed whereas under section 36 of the orissa act corresponding to section 42 of the madras act, there should be a dispute respecting the right of succession to such office before the endowments commissioner can proceed to act under section 36.in this view of the matter, in my opinion, unless there are claims by rival claimants, the endowments commissioner cannot act by simply not recognising the duly constituted chela ..... thus sufficient authority to show that a 'dispute' within the meaning of that expression occurring in section 84(1) of the madras act may arise even though there are no two contesting parties before the endowment board. ..... after the death of the said mahant, the endowments commissioner purporting to act under section 36 of the act invited by public notice claims about the successor of the said mahant ..... the orissa act also, the section corresponding to section 84(1) of the madras act is section 41(1) (corresponding to section 64 of the orissa act of 1939 ..... word 'dispute' used in various places in the same act generally should receive the same interpretation, yet taking into account the expression used in section 36 of the orissa act i think, the interpretation received for the word 'dispute' in section 84 of the madras act should not be applied in construing the expression 'there is a dispute respecting the right of succession to such office' used in section 36 of the orissa act.13. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori168; 23(1957)CLT203; 1957CriLJ875
..... given did not go to the length of showing that the accused could not be conscious of the nature of the act he was doing at the time of occurrence but only proved that the accused was in a bewildered state of mind a day or two before the day of the occurrence, the case did not come within the purview of section 84 of the indian penal code.there is no dispute over the proposition in a case of insanity, the judge should ..... discussing- the decision, it will be pertinent to quote the provisions of section 105 of the indian evidence act which is the main basis of argument on behalf of the prosecution. ..... goala, air 1937 pat 363 (a) to develop his argument that where there is a mere possibility that the accused may have been insane at the time of commission of the act of murder it is not sufficient to bring the case within the language of section 84 of the indian penal code. ..... as required under section 470 of the criminal procedure code, we definitely find that he committed the act as alleged by the ..... final conclusion or their lordships is that this fs not inconsistent with the provisions of section 105 of the indian evidence act but rather is a great guide for the interpretation of the section. ..... where there is a mere possibility that an accused may have been insane at the time of commission of the act of murder, then in the absence of proof in the affirmative of the kind of insanity referred to in section 84 of the indian penal code, the presumption 3s that the accused is responsible for his act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori165; 1957CriLJ899
..... panda, the learned counsel appearing for the state contended that the learned sessions judge was wrong in holding that the prosecution was not maintainable without the sanction under section 47 of the co-operative societies acts and that the conviction based upon the evidence of the auditors and the audit reports was quite proper and ought not to have been set aside. 7. ..... in appeal, before the learned sessions judge it was contended by the accused that the magistrate had no jurisdiction to try the case and relied upon section 47 of the bihar and orissa co-operative societies act, 1935 which runs as follows: 'no prosecution for an offence under this act shall be instituted without the previous sanction of the registrar and the registrar shall not sanction the prosecution of any person unless he has given such person an opportunity of ..... i am therefore of the view that though the learned sessions judge came to a wrong conclusion that the prosecution was not maintainable under section 47 of the bihar and orissa co-operative societies act, yet his conclusion that the prosecution failed to prove the guilt against the accused in case the prosecution was held to be maintainable, is quite correct ..... 1 first visited the society with the result that the management of the society was hopeless; that the financing bank too had not taken any steps in the matter; that there was no cash book or stock book nor any member register and share register maintained by the society; that the cash book, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori26
..... the courts below on the grounds that there were circumstances in the case and evidence as to the document itself which threw great doubt on its genuineness, exercised their discretion under section 90 of the evidence act by not admitting the document in evidence without formal proof, and rejected it when no such proof was given. ..... be placed, their lordships of the judicial committee were mainly concerned with a question of limitation as provided under section 23 of the indian limitation act and they held that: 'the action of the swetambaris in placing the charans with the nails in three of the shrines is a wrong of which the digambaris are entitled to complain, and is a continuing wrong, as to which under section 23 a fresh period begins to run at every moment of the day on which the wrong continues. ..... a question thus regarding the admissibility and the presumption under section 90 of the indian evidence act fell to be considered and their lordships held: 'section 90 of the evidence act admits a presumption of the genuineness of documents purporting to be thirty years old, if produced from custody proved to have had a legitimate origin or an origin the legitimacy of which the circumstances of ..... under these circumstances when the final court of fact has drawn a presumption under section 90 of the evidence act and held it to be duly executed by the then raja of puri and signed on his behalf by one kelu karan, i do not think that there are sufficient reasons for this court in second .....
Tag this Judgment!Court : Orissa
Reported in : 23(1957)CLT423; [1957]8STC862(Orissa)
..... of the above position, however, the sales tax officer, intelligence circle, cuttack, had issued a notice to the petitioner on 28th september, 1955, under section 16(1) of the act to produce the accounts and returns for the past quarters from 31st march, 1952, onwards before him on 12th march, 1955, at berhampur. ..... a leading advocate of madras, who appeared before us on behalf of the petitioner, does not contest the position that the proceedings under section 12(7) of the act are without jurisdiction, or that the sales tax officer had no power to issue such a notice to reopen the assessment. ..... which was in a case arising under the provisions of escapement under the income-tax act, we are of the view that the taxing officer is not required by this section to convene the assessee or to intimate to him the nature of the alleged escapement.6 ..... from the dealer in the manner laid down in sub-section (5) of this section and may also direct, in cases where such escapement of under-assessment is due to the dealer having concealed particulars of his turnover or having without sufficient causes has furnished incorrect particulars thereof, that the dealer shall pay, by way of penalty, in addition to the tax assessed under this sub-section, a sum not exceeding one and a half times of ..... thereafter the petitioner sent a memorial to the finance minister, government of orissa, and made an application before the collector of commercial taxes, orissa, for stay of further proceedings awaiting decision of .....
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