Court : Orissa
Reported in : AIR2009Ori144; 107(2009)CLT563
..... 255 of 1998 by the judge, family court, cuttack in refusing to grant decree of divorce to the appellant under section 13 of the hindu marriage act, 1955 (in short 'the act').3. ..... swelling feet of the respondent he ascertained from the respondent and her brother that she was under treatment for filaria and thereafter the respondent deserted him about twenty-two days after the marriage and did not join with him again in spite of steps taken by the appellant for a re-union. ..... it appears from the application under section 13 of the act that the appellant married to the respondent on 19.05.1996. ..... institution of criminal proceeding by the respondent, under the given facts and circumstances, cannot be regarded as an act of cruelty by the respondent on the appellant, in as much as she wanted legal remedy for the ill-treatment and cruelty as alleged by her against her husband.9. ..... in the proceeding under section 13 of the act appellant examined himself as p.w.3, his maternal uncle as p.w.2 and a family friend as p.w.1, whereas the respondent examined herself as r.w. no. 1. ..... accordingly he found that the application under section 13 of the act is devoid of merit.7. ..... learned counsel for the appellant argues that when the respondent in course of her examination as p.w.1 in the proceeding under section 125, cr.p.c. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR628
..... keeping in mind the policy evolved by the national rural health mission and take a decision on the same within a period of fifteen days from the date of communication of this order.accordingly, in view of the aforesaid decision, we dispose of the writ petition with a direction to the opp.parties to consider the case of the petitioner in accordance with the policy evolved by nrhm within a period of one month from the date of communication of this order.b.p. ..... act. .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ2585
..... supreme court has indicated that the high court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under section 482 of the code or under articles 226 or 227 of the constitution of india, as the case may be, and allow the law to take its ..... the court held as follows:exercise of jurisdiction under the inherent power as envisaged in section 482 of the code to have the complaint or the charge-sheet quashed is an exception rather than a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not ..... the provisions of articles 226, 227 of the constitution of india and section 482 of the code are a device to advance justice and not ..... is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party.7. ..... on such amount being paid, it is stated that marriage of the petitioner with nirmala was solemnized at one sarala temple on 13-2-2005 and at ..... in the first information report and other materials, if any, accompanying the fir do not disclose a cognizance offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.3. .....
Tag this Judgment!Court : Orissa
Reported in : (2009)107CALLT315(NULL)
..... 7 the lower appellate court held that no order for reconveyance of land can be passed and it was further held that in the absence of any prayer for partition, no relief under section 4 of the partition act can also be granted.on the basis of the aforesaid observation/findings, the learned subordinate judge allowed the appeal and permanently injuncted the appellants-defendants from entering upon the suit land. ..... in consonance with sub-section (1) of section 22 of the hindu succession act, any heir specified in class- i of the schedule if proposes to transfer his/her interest in the property or business, the other heirs shall have a preferential right to acquire interest proposed to be transferred. ..... 3 and 8, the lower appellate court on appreciation of the evidence on record and the provisions contained in section 23 of the hindu succession act held that regarding the nature and character of land as homestead, there is no controversy between the parties. ..... 1 and 2 alone filed written statement contending that the plaintiff has no locus standi to bring the aforesaid suit as she was not a co-sharer of the suit properties in terms of section 23 of the hindu succession act, 1956. ..... it is averred that the joint family properties were never partitioned between the successors of maguni moharana or damani the plaintiff though was given on marriage, due to certain disturbances, deserted her husband and was residing in the ancestral paternal house. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... from time to time and was getting the requisite royalty from the petitioner.under the provisions of rule 24-a(6), the said application for renewal being within time and not disposed of by the state government before the date of expiry of lease, the period of that lease deemed to have been extended by a further period till the state government passes ..... applicant and the sureties hereby jointly and severally covenant with the governor as follows:a) the applicant shall pay water charges for the water actually consumed as per the provisions of orissa irrigation act, 1959 and rule made thereunder on or before 31st march every year.b) the applicant shall make suitable arrangement to take the water from the point at which it will be supplied.c) ..... the petitioner namely, steel authority of india limited (raw material division)(hereinafter described as 'sail(rmd)' filed the writ applications, inter alia, seeking to challenge the orissa act 3 of 1994 by which amendment was inserted in the orissa irrigation act, 1959 and orissa irrigation (amendment) rules, 1994 and further praying to declare the same to be invalid and unconstitutional on the ground of repugnancy and in competency of the state legislature and ..... in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is 'voidable' ..... writ petitions stand disposed of. ..... of fact and law have been pleaded and hence both are taken up together for final disposal.10. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT686
..... (v) if the appellant, petitioner was not a workman, he could not maintain a application under section 33c(2) of the act.in view of the above, we find no force in the appeal which is totally misconceived. ..... advocate appearing for the petitioner, inter alia, submitted that the scope and ambit of section 33c(1) and 33c(2) of the industrial disputes act, 1947 (hereinafter called 'the act') are distinct and separate from each other. ..... in paragraph-5 of the said judgment, the hon'ble supreme court has noted as follows:section 33c(2) takes within its purview cases of workmen who claim that the benefit to which they are entitled should be computed in terms of money even though the right to the benefit on which their claim is based is ..... learned counsel submitted that section 33c(2) of the act, had been enacted for quick and speedy remedy and for calculation or determination of benefit by the tribunal. ..... the labour court's further finding has been that appellant had also not provided any order from any competent court of law declaring the petitioner to be entitled to the benefits of section 25-f of the industrial dispute act, 1947.4. ..... in the present case, the learned counsel may be warned not to commit such act in future.11. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR864
..... subjected by the accused to cruelty or harassment for, or in connection with, any demand for dowry and that her death had occurred within seven years of her marriage otherwise than under normal circumstances, after which the court shall presume that the accused had caused the dowry death. ..... now reading section 113b of the evidence act, as a part of the said offence, the position is this: if the prosecution succeeds in showing that soon before her death she was subjected by him to cruelty or harassment for or in connection with any demand for dowry and that her death had occurred (within seven years of her marriage) otherwise than under normal circumstances 'the court shall ..... death of a wife should have occurred otherwise than under normal circumstances within seven years of her marriage; (2) soon before her death she should have been subjected to cruelty or harassment by the accused ..... central bureau of investigation : 2000crilj1706 construing the words the court may proceed against such person' in section 319 cr.p.c, this court held that the power is discretionary and should be exercised only to achieve criminal justice and that the court should not turn ..... in lok ram (supra), the hon'ble supreme court has observed as follows:10 on a careful reading of section 319 of the code as well as the aforesaid two decisions, it becomes clear that the trial court has undoubted jurisdiction to add any person not being the ..... the revisions were taken up for disposal at the stage of admission.2. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT287
..... case was registered on the basis of an application filed under section 110-a of the motor vehicles act, 1939 by the unfortunate widow and minor son of deceased bhajaman mohanty, inter alia, alleging that on 30th april 1990 while bhajaman was travelling on his scooter from vani vihar to his resident on the left ..... in this appeal, filed under section 173 of the motor vehicles act, 1994.2. ..... it is pertinent to mention here that this appeal has been dismissed so far as the owner of the offending ambassador car is concerned, but then as the order passed no way prejudices the legal heirs, the appeal is disposed of.15. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT219
..... amongst them, p.ws.2 to 5 and 7 are witnesses to the extra judicial confession, p.w.6 was the witness to the seizure (ext.1) under section 27 of the evidence act and p.w.8 was the investigating officer. ..... made extra judicial confession before such witnesses and, apart from that, human blood group 'ab' in the 'chadi' of the accused lends ample corroboration about his complicity in the crime, besides the evidence under section 27 of the evidence act relating to discovery of the knife, m.o.-i. ..... accordingly, we set aside the order of conviction of the appellant under sections 302/201, i.p.c. ..... for the reasons noted above, we find that there are many loopholes in the prosecution case so as to complete the chain of circumstances in furtherance of proof of charge under section 302/201, i.p.c. ..... the trial court framed charge under section 302/201, i.p.c. ..... conviction of the appellant under section 302/201, i.p.c. ..... since the culprit was not known to him and the death created terror in his mind, therefore, after consulting his mother and other relatives he cremated the dead body of the deceased according to the hindu rites. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori114
..... made by the hon'ble supreme court as noted hereinabove we are of the view that a licence as has been defined under section 52 of the indian easements act, 1882 contemplates grant by one person to another or to a definite number of other persons a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, on the absence of such right be unlawful, and such does not amount to an easement or an interest in the property as contemplated under section 105 of the transfer of property act, 1882 ..... lease' has been defined under section 105 of the transfer of property act, 1882 relevant portion whereof reads thus:section 105 ..... ' has been defined under section 52 of the indian easements act, 1882 to mean a grant by one person to another or to a definite number of other persons, a right to do, or continue to do, in or upon immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property ..... lordship's view was that there is a clear distinction between transfer of an existing easement and the creation or grant of a new easement and that it is only where the transfer of an existing easement is the act of the dominant owner and is inseparable from the transfer of the dominant heritage, that requires registration, while the creation of a new easement does not involve transfer of ownership in immovable properties as contemplated under section 54 of the t.p .....
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