Court : Orissa
Reported in : 1982CriLJ1585
..... had the right to use force in exercise of the right, of private defence of property and their persons and they did not have the common object to commit any mischief or criminal trespass or other offence or to obtain possession of any property by means of criminal force or show of criminal force nor had they common object to deprive any person of the enjoyment of any property nor to enforce a ..... or any public servant in the exercise of the lawful power of such public servant; orsecond - to resist the execution of any law, or of any legal process; orthird - to commit any mischief or criminal trespass, or other offence; orfourth - by means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water ..... assembly.wherever force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly, every member of such assembly would be guilty of the offence of rioting and such of the members of the unlawful assembly who are armed with deadly weapons are liable to be punished under section 148 of the code ..... . in view of what we have stated above, it could not be said that the appellants or five or more of them had the common object to commit any offence and if after the complainant's party left the scene, some of the appellants chased and assaulted them and in a melee, some of the appellants and some of .....
Tag this Judgment!Court : Orissa
Reported in : 1986(I)OLR415
..... in order to examine the correctness of the first contention and for easy reference, it is necessary to quote the relevant extracts of section 12a(2) of the act: '(2) notwithstanding anything contained in the code of criminal procedure, 1973, all offences relating to :a) the contravention of an order made under section 3 with respect to: (i)xx xx xx(ii) foodstuffs, including edible oil seeds and oils; or(iii)xx xx xxb) xx xx xxshall be tried in a summary way and by a judicial ..... two applications before the lower court praying for dropping of the case against them on the grounds that taking of cognisance of the offences against them was barred by limitation under the provisions of section 468 of the code of criminal procedure ('code' for short). ..... reference to the provisions of the act, i am firmly of the view that section 12a(2) is not applicable for an offence with regard to kerosene and/or for contravention of any of the conditions of the order including the conditions of the licence ..... of the aforesaid matters' refers to clauses (a) to (g) of sub- section (2) of section 3, obviously, in this case the alleged offence did not relate to contravention of any order for collecting any information or statistics with a view to regulating or prohibiting any of the ..... arijit pasayat contended that the word 'oils' appearing in sub-clause (ii) includes 'kerosene oil' and so an offence relating to kerosene oil shall be tried in a summary way by a judicial magistrate of the first class specially .....
Tag this Judgment!Court : Orissa
Reported in : [1988]69STC79(Orissa)
..... between the representatives of the ministry of railways and some other ministries of the central government and the government of bihar, it was agreed that out of the timber coupes leased out by the state of bihar to the forest contractors, the contractors will be required to make certain number of sleepers and supply them to the union of india in the ministry of railways or the ministry of works, housing and supply, for which, necessary funds were to be placed ..... there also, the government of orissa and the railway administration had entered into an agreement by which the divisional forest officers in orissa were allowed to obtain sleepers from the contractors within their respective areas, pay for them on behalf of the railways in similar manner and supply the sleepers to the railways. ..... it was held that there being no intention to carry on the transaction for profit, but only for fulfilling an obligation to the central government in the interest of the country, the divisional forest officers were not 'dealers' under the sales tax act.7. ..... the petitioner is the forest utilisation officer, bihar, having his office in the town of ranchi. ..... the saranda forest division in the state of bihar is adjacent to the territory of orissa. ..... divisional forest officer, karanjia division [1973] 32 stc 487 which was a case under the central sales tax act dealing with almost an identical question. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(1)ALD(Cri)29; IV(2005)BC210; 99(2005)CLT753
..... according to this section, a magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the ..... act mandates summary trial for all offences under chapter-xvii of the act so that quick disposal of the case can be achieved an the payee of the cheque would get early ..... and decide as to whether cognizance of the offence alleged is to be taken, thus, the contention of the learned counsel for the petitioner that recording of the statement of the complainant has been dispensed with by incorporation of section 145 and 146 of the ..... specifically says that the court shall not take cognizance of the offence punishable under section 138 of the n.i. ..... is a matter for consideration at the stage of trial and not at the stage of taking cognizance of an offence under section 138, of the n.i. ..... the statement of the complainant and witnesses have become optional and cognizance of offence under section 138 of the n.i. ..... recording of the summary of the initial statement made by the complainant and such summary recorded is to be read with the contents of the complainant petition to find out as to whether prima facie case for the alleged offence has been made out. ..... mandatory and that the existence of prima facie case for the offence under section 138 of the n.i. ..... reveal the essential ingredients of the offence under section 138 of the n.i. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR130
..... ): air 1979 sc 1791, it was observed by the apex court that notwithstanding that a magistrate had taken cognizance of the offence upon a police report submitted under section 173 of 1898 code, the right of the police to further investigation is not exhausted and the police can exercise such right as often as necessary when fresh ..... of which he has previously taken cognizance has already proceeded to some extent, he may take fresh cognizance of the offence disclosed against the newly involved accused and proceed with the case as a separate case. ..... 'sub-section (8) is a new provision which authorises the police officer to make further investigation of an offence after submission of the police report under section 173(2) to the magistrate and if upon such investi- gation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to ..... a report to the learned judicial magistrate, first class, nimapara, who took cognizance of offence punishable under section 307 read with section 34, indian penal code, 1860 (in short, ipc), in addition to cognizance taken in respect of offences punishable under section 341, 325, 323 read with section 34, ipc. ..... when it comes to the notice of the investigating agency that a person already accused of an offence has a good alibi, is it not the duty of that agency to investigate the genuineness of the plea of alibi and submit a report to the magistrate after all, the investigating agency has greater resources at .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori44; 98(2004)CLT430
p.k. mohanty, j.1. the petitioner, regional college of physical education, assails the order dated 20.5.2002 (annexure-8) of the national council of teachers education, eastern regional committee, rejecting its application for according recognition to cped course (annexure-8) and bped course (annexure-15) conducted by it on the ground that in view of the provision of section 7-e of the orissa education act no permission can be accorded by the state government for establishment of a private training college or a secondary training school for physical education.2. the brief fact of the case is that 'regional college of physical education' was established in the year 2001 and permission from the government was sought for, for opening of cped. and bped courses with 100 seats each for the session 2001 -2002. the director, higher education on behalf of the state government vide office order dated 5.7.2001, copy whereof is annexure-1, granted permission for the opening of the courses. opposite party no. 3 refused to accord recognition to the petitioner-institution mainly on the ground that in view of the provisions of section 7-e of the orissa education act, the government authorities having no power to issue permission/noc for opening of cped and bped. courses by private educational institutions, permission granted is of no consequences and, therefore, in view of the provision in para 5(e) of the national council of teachers education regulations, requiring permission or .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT778; 2005CriLJ3787
..... of a building without permission of the executive officer of the municipal board and violation or commencement of construction or reconstruction of any building without permission of the executive officer is an offence, and also a direction issued by the executive officer to alter or demolish a building under section 273-a if disobeyed, the same would amount to an offence which is punishable under section 385-a but the sentence is limited upto a fine, which may extend in the case of a building, to five hundred rupees and ..... the provisions of the code of criminal procedure, 1989 (act 5 of 1989) in regard to the power of certain magistrate to take cognizance of offences upon information received or upon their own knowledge or suspicion :provided that failure to take out a licence or obtain permission under this act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence or permission is required, and if no period is specified, complaint may ..... it is not correct to say that every moment of the existence of the unauthorized construction constitutes a fresh offence and the offender can be prosecuted within twelve months from the time of detection of the unauthorized construction. ..... hence, in the instant case, the alleged date of commencement of the offence and the other date relevant for the case was the date of completion of the unauthorized construction. .....
Tag this Judgment!Court : Orissa
Reported in : 1973CriLJ1686
..... every person has a right, subject to the restrictions contained in section 99, to defend-first- his own body, and the body of any other person, against any offence affecting the human body:secondly- the property, whether movable or immovable, of himself, or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.the relevant restrictions ..... . state of punjab : 1960crilj1239 their lordships stated:-..it is of utmost importance that investigation into criminal offences must always be free from any objectionable features or infirmities which may legitimately lead to the grievance of the accused that the work of investigation it carried on unfairly or with any ulterior motive....there are ..... private defence of property extends under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which or the attempt to commit which, occasions the exercise of the right, an offence of any of the descriptions hereinafter enumerated namely,-first. ..... against the judgment of acquittal of the respondents who were charged of offences punishable under sections 302/34 and 324 of the indian penal code passed by the learned additional sessions ..... hold otherwise would be to encourage and put a premium on offences of rioting which are so frequent hi this part of .....
Tag this Judgment!Court : Orissa
Reported in : 1983CriLJ1029
..... the same day, time and place were members of an unlawful assembly in prosecution of the common object of which some of the members of the said assembly caused the death of rama murty choudhury which offence you knew to be likely to be committed in prosecution of the common object of such assembly and you are thereby under section 149 of the penal code guilty of causing- death of rama murty choudhury ..... for the learned sessions judge to convict them of the offence under section 302 read with; section 149, i.p.c.9. ..... principles laid; down in the aforesaid decisions we hold that once the accused persons are acquitted of the offence of rioting under section 147 or section 148, i.p.c. ..... an assembly of five or more persons having a common object as specified in section 141 and then the commission of an offence by one of the members in prosecution of that object. ..... be useful to add a charge under section 147 or section 148 with the charges under other offences read with section 149 to guard against failure of the charge for an offence read with section 149. ..... obligatory to frame a charge under section 147 or section 148 in addition to a charge for an offence with the aid of section 149, i.p.c. ..... and thereby committed an offence punishable under section (sic) penal code and within my cognizance.and i hereby direct that you be tried on the said charge.the charge as reproduced above does not contain all the necessary ingredients to bring home to the accused persons the offence of murder with the aid .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR535
..... mohanty appearing for the regional provident fund commissioner on the other hand contends that the offence complained of is a continuing offence and a fresh period of limitation shall begin to run at every moment of time during which the offence continues coming within the ambit of section 472 of the code of criminal procedure and, therefore, there is no illegality in taking ..... that, considering the object purpose of the act, (the learned magistrate ought to take cognisance of the offence after the expiry of the period of limitation if any such period applicable, because, the intetest, of justice ..... not necessary for me to go in for this aspect since i have already held that the offence in question is not a continuing one and the cognisance is barred under section 468 of the ..... the case of a construction of a wall in violation of a rule or a bye-law of a local body, the offence would be complete once and for all as soon as such construction is made a default occurs in furnisning , the returns by ..... paragraph 5 of the judgment, their lordships discussed as to the meaning of a continuing offence and held thus :' continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed ..... das, the learned counsel for the petitioners contends that the alleged offences having been committed in the year 1965-65, cognisance of the same could not have been taken in the year 1978 after lapse of twelve years since it would be hit by the provision in sec .....
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