Court : Orissa
Reported in : 1999(II)OLR299
..... party) to close the complaint and not to proceed further with the prosecution.2. the short facts of the petitioner's case is that the petitioner is a company registered under the companies act. 1956, engaged in manufacturing urea fertiliser. it is situated at talcher in the district of angul. in their application dated 26.12.1986. it had sought for ..... complain}, one shree m.k. khuntia, junior law officer of the board, as a public servant as contemplated under section 50 of the water pollution act, 1974 read with section 21 of the indian penal code filed the aforesaid complaint which was registered as 3 (c) c.c. no. 1 of 1989 in the court of the learned s ..... in the consent order. on the basis of the inspection report, the board decided to lodge a complaint under section 44 read with section 49 of the water pollution act. 1974 against shree a.c. kharbanda, former general manager and shree k.p. chatterji, former chief engineer (ts) who are allegedly responsible for violation of the terms .....
Tag this Judgment!Court : Orissa
Reported in : II(1999)ACC584; AIR2000Ori55
..... shortage was found to be 5.2 matric tonnes which the applicant valued at rs. 74,668.74 and claimed compensation giving statutory notice under section 78b of the indian railways act. it is the case of the claimant that since short delivery was detected because of the cut in four places on the top of one bundle, the applicant asked ..... prove delivery of the consignment under clear signature on 21-2-1989? (iii) does the applicant prove cause of loss due to the negligence and misconduct on the part of railway employees? (iv) whether the applicant is entitled to the claim of rs. 74,668.74 with interest 18% per annum? learned tribunal accepted the applicant's case and ..... it denied the fact of loading of that quantity (5.2 m.t.) of goods at tatanagar. it was specifically pleaded that loading was not supervised by any railway staff and the weight disclosed by the sender/consigner on the face of the document was accepted and accordingly recorded in the forwarding note. it is further claimed that the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori56
..... in a changed policy in r. v. cardiff county council, ex parte scars group properties ltd. (1998 public law 518). the position there was that a company was granted planning permission in 1993 and the relevant highway authority had indicated that it had no objection to entering into a highway improvement agreement under section 278 of ..... (1993) 3 scc 499 : (air 1994 sc 988). there tenders were called for supply of cast-steel bogies to the railways. the three big manufacturers quoted less than the smaller manufacturers. the railways then adopted a dual pricing policy giving counter offers at a lower rate to the bigger manufacturers who allegedly formed a cartel and a ..... black's law dictionary, is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has acted accordingly. section 115 of the indian evidence act is also, more or less couched in a language which conveys the same ?30. ' .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori70
..... noise level, and industries are expected to be asked to change their manufacturing processes or to use suitable techniques to keep the noise level low, the bureau of indian standards, it is reported is also working to fix new standards of noise pollution levels. as different level attempts are being made to develop gadgets that would ..... person who operates or permits the operation of a loudspeaker in contravention of this sub-section shall be guilty of an offence against this part (part iii) of this act.' the words 'subject to the provisions of this section' refer to the provisions of sub-sections (2) and (3) of that section making inapplicable the provisions of ..... same will be taken into account. (see christie v. davey (1803) 1 ch 316).one celebrated point, which the indian law should be emulous of, is the provision under section 62 of the english control of pollution act, 1974, operating as perfect control of street noise, and the term 'street' under that section is defined to mean 'a .....
Tag this Judgment!Court : Orissa
Reported in : 2000(I)OLR222
..... smugglers and seized the goods acting under the provisions of sections 220 and 221, ipc. he could not have done so in his personal capacity.'with the aforesaid reasonings and referring to section 197. cr.p.c. and ..... of complaint petition and after enquiry under section 202, cr.p.c, the s.d.j.m., champua took cognizance of the offences under sections 220 and 221, ipc. in that context, this court held that :'according to the allegations made by the opposite party the petitioner in discharge of his official duty could have apprehended the ..... referring to the statement of the complainant and one witness examined in that enquiry, found a prima facie case for the offences under sections 294/323/341/342, ipc against opp. party and accordingly on 22.6.1994 he took cognizance of the offences and issued processes. the opposite party preferred criminal revision no. 37 of 1994 .....
Tag this Judgment!Court : Orissa
Reported in : 2000(I)OLR208
..... .9. if the offence alleged to have been committed by more than one person and any or all the offences are punishable under section 3 of the act and also by any other law including indian penal code in which one or more accused admittedly belong to reserve categories (s. c. and/or s. t. ) in such cases also for the purpose ..... / 99 arising out of athgarhp. s. case no. 173/99. the case has been registered under sections 364/342/323/34, ipc read with section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (in short, the 'act'). the case is pending at the stage of investigation and the sessions judge-cum-special judge, cuttack is awaiting for final .....
Tag this Judgment!Court : Orissa
Reported in : 2000(1)ALT(Cri)23; 89(2000)CLT680; 2000CriLJ2513
..... fabricating documents and in that respect the concerned officer of the bajaj tempo limited (i.e. the petitioner as the senior sales manager) having knowledge about such criminal act of the other accused persons, added and abetted to the commission of the said offences. in that respect, complainant further alleged that during the course of verification he ..... to the facts and evidence available in the case record to eliminate the possibility of improbability and absence of availability of a prima facie case and thereafter to act accordingly either in framing charge or discharging the alleged offender. at the stage of framing of charge, trial court is not required to weigh and shift the ..... evidence to find the contradictions and to act upon that. at that stage, it is not the duty of the trial court to think of possible defence of the accused and to grant the necessary benefit .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR180
..... 57-a.explanation i - if, as a result of irrigation facilities provided by the central government, or the state government, any local authority, any government company as defined in section 617 of the companies act 1 of 1956 or any statutory body or corporation to a person after the commencement of the orissa land reforms (amendment ..... ) act, 1973, any land falling at such commencement, within class ii, class iii or class iv, falls, subsequent to such commencement within class i or class ii ..... becomes class-i or class ii, as the case may be, due to irrigation facilities provided by the central government, state government, or authority or any government company, or any statutory body or corporation, fresh ceiling proceeding can be initiated. keeping in view the specific provision in explanation-i, there is no doubt that where .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ439
..... was barred under section 468(2)(c) is also not sustainable.5. the learned counsel of the petitioners relying on the decision orient paper and industries limited v. registrar of companies, orissa, reported in (1988) 1 ocr 612 and rama chandra agarwalla v. sri bijay kotan sonsarma, reported in (1992) 73 cut lt 44 contended that the condonation of ..... the learned magistrate considering the materials on record, found that there are materials to make out a case under section 498a and under section 4 of the d.p. act and took cognizance of the aforesaid offence against the accused persons and directed for issuance of process against them including the two petitioners. he also disposed of the petition ..... station which was registered as p.s. case no. 120 of 1993 for the offences under section 498a, i.p.c. and under section 4 of the o.p. act. the police after investigation filed final report stating the case to be a mistake of fact. on receiving the notice of the report, the opposite party no. 2 filed .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT309
..... , 409, 420, 120b, i. p. c., under section 138 of the negotiable instruments act and under section 58a of the companies act, has prayed for anticipatory bail. all the offences alleged excepting the offence u/s. 138 of the negotiable instruments act are non-bailable in nature. shri das submits that though the petitioner is in no way ..... connected with the activities of the company i. e., p. s. moneycraft and fintech ..... stating therein that he is apprehending arrest at bbubaneswar within the state of orissa. he has also filed certain documents to show that he was appointed by the company's head office situated at madras, as manager, marketing under the director in charge of the branch office at bhubanhswar. thereafter he was made regional manager, .....
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