Court : Orissa
Reported in : (1967)ILLJ663Ori
..... however, there is no such plea taken in the petition. therefore, it cannot be now allowed to be taken for the first time at the hearing stage-vide tropical insurance company v. union of india : [1955]2scr517 . but apart from this, on merit also we think it has no substance. it is true that had it been raised as ..... item 12.47. it is in two parts. the first part states the alleged act of misconduct. it reads as follows:started a criminal case under 8. 341, indian penal code, against the level creasing gate-keeper and stationmaster of jaipur road railway station or acts done by them in the purported discharge of their official duties which amounted to abuse ..... is the incident relating to the criminal case no. 491-c-ii of 1962 which was started by the petitioner under section 341, indian penal code, against the assistant stationmaster and gate-keeper, jaipur road railway station level crossing, on 1 september 1962.50. it may be conceded that the way in which the show-cause notice was drafted .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori118
..... is well established that a common intention presupposes prior concert; it requires a pre-arranged plan because before a man can be vicariously convicted for the criminal act of another the act must have been done in furtherance of the common intention of them all; accordingly there must have been a prior meeting of minds; the plan need not ..... code and sentenced to imprisonment for life. all the accused persons were also convicted on the charge of criminal conspiracy under section 120b indian penal code but there was no separate sentence on the said count.2. the deceased and the accused persons all belong to village dangapadara, 8 miles from ..... also on a charge of criminal conspiracy to commit the said murder by gun-shot firing under section 120b indian penal code. two accused persons kishore alias iswar bhola and abhimanyu alias baya padhan were both convicted under section 302 indian penal code and sentenced to death; the sentences passed were subject to confirmation. by the high court. the .....
Tag this Judgment!Court : Orissa
Reported in : 1967CriLJ1423
..... thereby. apparently, the underlying policy of the said internment order was that the central government was empowered to intern any foreigner and any person not of indian origin at birth being a citizen or subject of any country at war with, or committing external aggression against india or of any country assisting the enemy ..... , pakistani national, shall be arrested and detained in puri jail.by the order of the governorsd. v. natarajan secretary to government.5. the foreigners act, 1946 (central act 31 of of 1946) was enacted to confer upon the central government certain powers in respect of foreigners as it was thought expedient to provide for ..... government advocate appearing for the state however submitted that the notification of delegation dated 31st december 1964 should be treated to be a part of the foreigners act itself; and that no fresh delegation was necessary after the amendment made to the foreigners (internment) order dated 6th september 1965. in support of this contention .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori1
..... a different footing. p. w. 1 admits in his evidence that these dumpers carry ores from the place of excavation to the railway wagon that are within the mining area. thus, these vehicles are adapted for being used on roads for transporting the goods of the ..... (item no 5) from the mining faces to the crushing and screening plant or from the hand-mine stock-pile to the railway siding nearby ingersoll rand drill masters (item no. 2) are used to dig holes through the ore body so that the explosives ..... roads. it is pointed out that the material part in the definition in the english act is similar to the definition given in section 2 (181 of the indian motor vehicles act in so far as the expression 'adapted for use upon roads' is concerned. in that ..... an essential ingredient for the offencethe same principle of law was also laid down in air 1945 mad 440, in re, manager indian express and air 1938 mad 233, public prosecutor v. rajagopalan. the supreme court also referred to these two decisions of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori172; 34(1968)CLT585
..... the police: and the second is that such statements are inadmissible. section 162 of the code of cr. procedure and section 145 of the evidence act, are the two provisions of law which have a crucial bearing on this aspect of the question, viz., the admissibility of the statements made ..... 162 only enables the accused to make use of such statement to contradict a witness in the manner provided by section 145 of the evidence act. it would be doing violence to the language of the proviso if the said statement be allowed to be used for the purpose of ..... the accused to rely upon it for 4 limited purpose of contradicting a witness in the manner provided by section 145 of the evidence act by drawing his attention to parts of the statement intended for contradiction it cannot be used for corroboration of a prosecution or a defence ..... ray, j. 1. the petitioner was prosecuted under section 436, indian penal code, in sessions trial no. 2/4c of 1965, in the court of the assistant sessions judge. cuttack and .....
Tag this Judgment!Court : Orissa
Reported in : 34(1968)CLT745; [1968]22STC460(Orissa)
..... .t.c. 61 and southern railway co-operative canteen ltd. v. commercial tax officer [1967] 20 s.t.c. 96. it is argued that although an activity may involve the occupation of time, attention and ..... is a co-operative society registered in 1959 under the orissa co-operative societies act of 1951. under the bye-laws of the society, membership is open only to individuals above the age of 18 who are in the permanent employment of the indian aluminium company ltd., hirakud. paragraph 4 of the bye-laws of the petitioner-society enumerates the ..... activity engaged in by the co-operative society, the profit-motive does not exist. in support of this contention, reliance has been placed on the decisions in young men's indian association (regd.), madras v. joint commercial tax officer a.i.r. 1964 mad. 63, nizam sugar factory ltd. v. commissioner of sales tax, hyderabad [1957] 8 s .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori49; 34(1968)CLT1189; 1969CriLJ428
..... stopped at a distance of 20 feet from the place of occurrence. in the circumstances, i am satisfied that the petitioner was not guilty of any rash or negligent act.7. i would accordingly allow this revision, set aside the conviction of the petitioner and the sentence imposed on himand direct that he be set at liberty forthwith. the ..... even assuming that the high court is right in its conclusion that the appellant had not acquired sufficient proficiency in driving and was, therefore, guilty of rash or negligent act in driving the jeep, that by itself is not sufficient to convict him under section 304a, i.p.c and that the prosecution must go further to prove ..... prosecution case that the deceased was run over by the vehicle.3. section 304a runs thus: 'whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.' according .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori91
..... this connection a reference may be made to section 293(1)(e) of the indian companies act which runs as follows : --'(1) the board of directors of a public company, or of a private company which is a subsidiary of a public company, shall not, except with the consent of such public company or subsidiary in general meeting--x x x x x(e) contribute, after the ..... . this is a petition under section 17 of the indian companies act (act i of 1956) filed on behalf of m/s. straw products limited (hereinafter called the company) having its registered office at jayhaypur, rayagada in the district of koraput for confirmation of the alterations in the memorandum of association of the company.2. the petitioner-company was register, ed on the 6th august, 1938 under .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori152
..... the area in connection with the acquisition of land. ext. b-19 is a letter seeking clarification as to why land was required near jaipur road railway station instead of at bhadrak. these documents only indicate that the appellant entreated for help, assistance, support and/or intervention of the government to get land ..... land and electricity to be an obligation of the governmtnt, and did not actually execute the agreement with that understanding and/or intention, and the defendant acted at his risk in entering into such discussion and correspondence on these matters with the individual concerned with the government. 13. the documents after the aforesaid ..... with which this term 'force-majeure' is used in clause 5 of part ix has been explained therein as follows:-- 'in this clause the expression 'force-majeure' means act of god, war, insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightning, explosion, fire and any other happening which the lessee could .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori228; 35(1969)CLT496; 1969CriLJ1149
..... is a principle of cardinal importance in the administration of justice that proper freedom and independence of judges and magistrates must be maintained and they must feel that they should act freely and fearlessly, a valuable privilege always recognised and zealously guarded, the learned magistrate has failed to remember that it is all the more necessary that in expressing opinion and .....
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