Court : Orissa
Reported in : 2002(II)OLR175
..... the government and any person in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies act, 1956 (act 1 of 1956) is a public servant. therefore a question arises as to whether the said clause is applicable to the case of the ..... incorporation and therefore, any subsequent amendment, addition or alteration in the indian penal code would not at all affect the incorporated provision in the prevention of corruption act. in this context, it may be stated that it is a well established principle that where a subsequent act incorporates provisions of a previous act, then the borrowed provision becomes an integral and independent part of .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT41
..... public servant. undisputed facts are that the managing director of both the construction companies is the son of accused public servant and he is also a trustee in nabapravat trust. admittedly, both the construction companies have been incorporated under the companies act and have undertaken several works under the state government through department of water ..... so far as the nabapravat trust is concerned, admittedly the case of both parties is that the said trust has been established under the indian trust act for charitable purpose. it is also admitted that the said trust runs two technical institutes namely neelachal poly-technic and neelachal institute of computer science ..... 3. shri s.c. parija, learned counsel appearing for the petitioners in all the revisions submitted that nabapravat trust has been established under the indian trust act for charitable purpose and the same has been registered under the income tax authorities for exemption from payment of income tax. the trust runs two .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR258
..... before the learned sessions judge. the learned sessions judge after considering the evidence of the witnesses was inclined to convict both the appellants under section 302/34 ipc. therefore, they have filed this appeal questioning the propriety of the order of conviction and sentence.5. mr. panda, learned counsel appearing for the appellants, ..... mortem examination, examined witnesses, seized the blood stained earth and sample earth from the spot and after completion of investigation filed chargesheet under section 302/34. ipc against the appellants. the appellants are said to have surrendered in the court and were taken to judicial custody.4. twelve witnesses have been examined by ..... passed by the learned sessions judge, puri in s.t. case no. 284 of 1992 convicting the appellants under section 302/34 of the indian penal code, in short, 'ipc' and sentencing them to undergo imprisonment for life has been assailed in this appeal.2. the prosecution case which has been narrated in brevity .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR316
..... the order or bearer on demand' is irrelevant and thus this promissory note will come under category no. (iii) of article 49 of schedule-i of the indian stamp act, 1899 (in short 'the act') and is thus properly stamped with 40 paise revenue stamp. it is also further alleged that the applicability of clause (b) of article 49 of the ..... certainly falls within the category 'when payable otherwise on demand'. therefore, unless it is stamped as required under article 49 (b) of the schedule-i appended to the act, it is inadmissible in evidence. accordingly i do not find any irregularity in the impugned order passed by the learned trial judge to interfere with the same. but at ..... order dated 31.7.95 of the learned trial judge. for sake of convenience it is profitable to quote the provision of article 49 of the schedule appended to the act which reads: 'description of instrument proper stamp duty49. promissory note[as defined by section 2(22)](a) when payable on demand - (i) when the amount or value .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR211
L. Mohapatra, J. 1. The legal heirs of the deceased plaintiff Baidhar Barik are the appellants before this Court against a confirming judgment. 2. The case of the plaintiff is that one Jagannath Barik was the owner of the suit lands and after his death the same devolved on his two sons, Baikuntha and Bauli. The aforesaid two sons remained joint and the settlement record of rights indicate such jointness. Thereafter, there was an amicable partition between both the brothers and the suit lands fell to the share of Baikuntha. While in possession of the suit lands Baikuntha died leaving behind his second wife Kuturi. Kuturi who succeeded to the suit property after death of her husband Baikuntha alienated some portions of her share in favour of one Michhu Mani and her minor son Adikanda Panda. Hema Dei, the daughter of Baikuntha through his first wife in connivance with her maternal uncle also transferred the same lands in favour of the defendants. Due to subsequent transfer made by Hema a ...
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT730; 2002(II)OLR354
..... observed that the assessee has to deposit sales tax while filing an appeal, does not always mean that he can always bypass the remedies provided under the sales tax act. it is now well settled that rule of exhaustion of statutory remedy before the writ is granted is a rule of policy, convenience and discretion rather than a ..... bar association (civil appeal no. 4679 of 1995). by judgment dated 14.3.2002 (air 2002 scw 1347), the supreme court has upheld the constitutional validity of the act. the operative part of the order reads as follows :'for the aforesaid reasons, while allowing the appeals of the union of india and the banks, we hold that the ..... this writ petition for quashing of the same. the petitioner has also challenged the vires of recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act') and the scheme made thereunder.2. the case of the petitioner is that although the impugned order of the learned presiding officer is appealable under .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR568
..... areas and panchayat areas, at least the government should consider whether it is necessary to flood the tribal or panchayat area with all forms of liquor, indian made! foreign liquor, out-still liquor and country spirit. the learned advocate general argued that mohua flower is aplenty in this state and it is the ..... areas proposed for the exercise of exclusive privilege. 9. the learned advocate-general appearing for the state forcefully submitted that all the requirements stipulated under the act and the exclusive privilege rules have been sacrosanctly complied with by the state government before issuing the auction sale notice. annexure-8. it is also submitted ..... exclusive privilege can only be granted in respect of notified area and specified location indicated in the notice.8. a cumulative reading of the provisions of the act and the rules framed thereunder leads to the following irresistible conclusions : (a) no licence or exclusive privilege can be granted in any scheduled area for .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT642; 2003CriLJ123; 2002(II)OLR495
..... fully convinced that he is a truthful witness having no inimical relation whatsoever with the accused. as such his evidence that he saw the deceased last in the company of the accused in the night of the occurrence cannot be disbelieved and discarded. the said last seen together aspect is a clinching circumstance appearing against the accused ..... niranguda; (v) accused had visiting terms to the house of the deceased anirudha as he had weakness for deceased lata; (vi) accused was last seen in the company of the deceased by the witnesses; (vii) accused was going from the direction of the house of the deceased in the following morning of the night of occurrence ..... case of gulab chand v. state of madhya pradesh, 1995(3) scc 574, their lordships besides section 27 of the indian evidence act, drew presumption under section 114, illustration(a) and section 106 of the evidence act. their lordships held that simply on the recovery of stolen articles no inference can be drawn that a person in possession .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT521; 2003(I)OLR51
..... criminal procedure code was not without jurisdiction. the final order under section 145, criminal procedure code is, however, subject to the result of the litigation in the proceeding under the act. it is an order of interim nature and comes to an end the moment the right, title and interest of the parties are declared by a court ..... the courts provided under the act and not before a civil court which is not competent to entertain such dispute. *** *** *** it is to be noted that the 145 proceeding was initiated ..... it speaks of eviction through a court of competent jurisdiction. dispute between a landlord and bhag tenant is cognizable by the revenue court as provided under the act. the effect of the final order under section 145, criminal procedure code in between a landlord and a bhag tenant can be set at naught by appropriate proceedings before .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT65; 2003(I)OLR265
..... no. 2 which is a company incorporated and registered under the indian companies act, 1956 represented through its managing director, petitioner no. 1, has challenged the legality, validity and propriety of the notice dated 24.4.2001, vide annexure-1 along with a field meter test report issued by opp. party no. 3, the divisional manager, central electricity supply company (in short 'cesco') or orissa ..... the code itself it has been clearly stipulated that the provisions of the indian electricity act, 1910 as well as the rules framed thereunder shall prevail over the provisions of the code.16. it is not in dispute that the petitioners' company is a high-tension power consumer. therefore, potential transformer meter had been fixed at the sub-station maintained by the gridco .....
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