Court : Orissa
Reported in : 96(2003)CLT446; 2003(II)OLR250
..... same day. on the basis of that, grps case no. 33 of 1999 was registered under sections 302/120-b/201/34 ipc read with section 25 of the arms act. the case was subsequently converted to g.r. case no. 1736 of 1999 in the court of the s.d.j.m., panposh, rourkela. in course ..... have a bird's eye view on the facts of the case.one manoj kumar singh, a resident of bihar, was alleged to have gunned down one harbanslal bedi, a railway contractor, on 27th of october, 1999 at about 9.30 a.m. an fir to that effect was lodged by the son of deceased at bandhamunda grps, rourkela on the .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR188
..... in force.a plain reading of sub-section (2) of section 4 of the cr.p.c. makes it clear that all offences under any law other than the indian penal code, shall be investigated, inquired into, tried, arid otherwise dealt with according to the provisions of the cr.p.c, but subject to any enactment for the ..... in force relating to the excise-revenue; and(iii) xx xx xx 85. application of certain provisions of the code of criminal procedure, 1898 :- (1) save as in this act otherwise expressly provided, the provisions of the code of criminal procedure, v of 1898. relating to arrests, detentions in custody. searches, summonses, warrants of arrest, search warrants and the ..... . p.c. will apply to inquiry and trials in respect of the offences under the act. sections 4 and 5 of the cr.p.c. are quoted herein below :4. trial of offences under the indian penal code and other laws :- (1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT592
..... . indrajeet mohanty, learned counsel for the petitioners has raised contentions that the alleged violation is misconceived inasmuch as construed in the light of the provisions of the companies act, there was no violation of any of the provisions of law. however, since it has already been held that prosecution was lodged beyond the period of limitation ..... that, the prosecution lodged against the petitioners are barred by law of limitation. it is contended that the offence complained of under section 211 of the companies act provides for a penalty of an imprisonment of a maximum period of six months or with a fine which may extend to rs. 1000/- or both. ..... ipc to contend that every person in the service or pay of government remunerated by fees or commission for performance of any public duty by the government or in the service or pay by local authority, corporation established by or under a central provincial or state act or a government company as defined under section 617 of the companies act .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori134
..... n. l. mobile service for bolangir-bhawanipatna territory. as a matter of fact, one such tenderer, namely, m/s bolangir trading company has filed a separate writ petition w. p. (c) no. 3592 of 2003 making this grievance and by a separate judgment delivered ..... reject the petition of a busybody at the threshold itself. the supreme court also took note of its later decision in chairman, railway board v. mrs. chandrima das (supra) in which it has held that there has been a spectacular expansion of the ..... (1988) 1 scc 471 : (air 1988 sc 1115), parrnanand katara v. union of india, air 1989 sc 2039 : (1989 all lj 1111), indian council for environment legal action v. union of india, (1996) 5 scc 281 : (air 1995 sc 2252), state of west bengal v. union of ..... play incorporated in article 14 of the constitution of india, but in this case, the b. s. n. l. has acted in arbitrary and unfair manner and has rejected the tenders of fifteen out of sixteen tenderers for the bolangir-bhawanipatna territory and .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori47; 97(2004)CLT534
..... view of the matter and in view of the conceded position as referred to earlier, in my considered opinion, the provisions of section 7-b(1) of the indian telegraph act having no application to the disputed question, jurisdiction of the civil court cannot be held to be ousted. the contention of the learned senior standing counsel on the score ..... j.c. was disposed of with a direction for adjudication of the dispute by an arbitrator in accordance with the provision in section 7(b) of the indian telegraph act, 1885 (in short, 'the act, 1885') and to reconnect the line on payment of the 50% of the dues claimed by the defendants. it is the further case of the ..... and section 34(2)(iii) and 85 of arbitration and conciliation act, 1996 besides to the reported decisions viz., m.l. jaggi v. mahanagar telephones nigani ltd., air 1996 sc 2476; chairman-cum-managing director, new india assurance company ltd. v. rabi narayan chhotrai, air 1997 ori 40; smt. makhani devi banka v. union of india, air 1981 ori .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR452
..... preferred a writ petition in this court being ojc no. 7729 of 1993. during pendency of the said writ petition in this court, some of the companies being indian charge chrome limited and jindal strips limited also preferred two writ petitions in this court being ojc no. 5422 of 1994 and ojc no. 7054 of 1994 ..... present petition. those two issues read as under :'iv. whether the committee was justified in interpreting the concept of mineral development under section 8(3) of act as requiring the assessment of the captive mining requirement of different industries and the application of the principle of equitable distribution of mining leases?v. whether the ..... higher judiciary under the constitution casts on it a great obligation as the sentinel to defend the values of the constitution and the rights of indians. the courts must, therefore, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. it is precisely for this reason .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ1021; 2003(II)OLR508
..... produced before the s.d.j.m., birmaharajpur on 17-2-2002 with a forwarding report in which involvement of the offence under sections 457/385/323/379/506/34, ipc was quoted. investigating officer also produced the f.i.r. and statements of witnesses so far recorded besides the seizure-list along with the forwarding report. learned s.d. ..... and material were withheld from the scrutiny of the court, when the accused was granted bail though accused persons were involved of a serious offence under n.d.p.s. act for possession of heroin and charas. therefore, while considering the application under sub-section (2) of section 439, cr. p.c., this court considered the abovenoted circumstances, nature and ..... for bail of the petitioners and forming opinion on the basis of the f.i.r. and the statement of the informant, learned s.d.j.m. might have acted hastily, but not illegally because, one of the petitioner is named in the f.i.r. and the other petitioner was arrested on the basis of the statement of .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR442
..... hands with the other accused persons and hatched a criminal conspiracy. in absence of any such material the petitioner cannot be held responsible for the offence under section 120-b, ipc. it further appears from the record that the petitioner had earlier approached this court in crl. misc. case no. 5283 of 2001 challenging the order taking cognizance, but this ..... of different villages. during the year 1977 to 1981 some persons named in the fir claimed title over the land and filed separate petitions under section 30 of the act in order to get compensation. it is alleged that such claims were made on the basis of forged documents produced by the claimants and no objection was raised by ..... . it is alleged in the fir that on 26.3.1994 ac 405.49 decs of ian j had been acquired under section 4 of the land acquisition act (in short, 'the act') for establishment of aviation research centre at charbatia. out of the aforesaid land ac. 308.86 decs belong to the state government and ac 26.63 decs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori89
..... december, 1998, three contracts were executed by mannesmann demang ag metallurgy (for short, 'mdm ag'), a company incorporated under the laws of germany having its registered office in germany and by ninl, a company incorporated under the companies act, 1956 and having its registered office at bhubaneswar. under the said three contracts, mdm ag was to ..... (1991) 1 scc 212 : (air 1991 sc 537); a.p. state financial corporation v. gar re-rolling mills (1994) 2 scc 647 : (air 1994 sc 2151); chairman, railway board v. chandrima das (mrs.), 2000 (2) scc 465 : (air 2000 sc 988) and united india insurance co. ltd. v. rajendra singh, 2000 (3) scc 581 ..... injustice. in u. p. state sugar corporation ltd. v. sumac international ltd. (supra), the supreme court after considering its earlier decision in svenska handelsbanken v. indian charge chrone, (1994) 1 scc 502 : (air 1994 sc 626) held that for granting an injunction restraining encashment of an unconditional bank guarantee, irretrievable injustice must .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC539; 2006ACJ585; 2004(I)OLR292
..... liabilities in india in respect of business of that class remain unsatisfied or not otherwise provided for. 'interpreting said section and sections 52 and 54 of the indian contract act, the supreme court in the case of national insurance co. ltd. v. seema malhotra and ors., air 2001 sc 1197 held that where under a contract ..... strenuously submitted that as in the present case, the cheque given by the owner-respondent no. 2 towards the premium of the insurance bounced, the appellant-insurance company is not liable to pay the compensation awarded. to countenance such submission, dr.sujata dash, learned counsel for respondent no. 1, relying upon the decision of the ..... judge has elaborately dealt with the evidence both, oral and documentary, and has confirmed the decision of the tribunal with regard to the liability of the insurance company and we do not find any justifiable reason to differ from the said finding. the factual narration made above would clearly reveal that this case is different .....
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