Court : Orissa
Reported in : 2005(II)OLR88
..... 2005 for the offence under sections 379/411/34 i.p.c. read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act ('the act' hereinafter) corresponding to g.r. case no. 118 of 2005 of the court of j.m.f.c., barbil and directed the s.i. daniel karketta to continue ..... section 457 cr.p.c.being aggrieved with this order the petitioner has preferred the present revision.5. learned counsel for the petitioner submitted that section 17 of the act empowers the magistrate to release the property in interim custody of the petitioner. on the other hand, learned addl. standing counsel submitted that the said provision empowers ..... that one tipper bearing registration no. or-09e-2816 was being illegally loaded with size iron ores at kamarjoda railway siding, proceeded to that side and found the aforesaid tipper being loaded with size iron ores was coming from kamarjoda railway siding. the s.i. stopped the vehicle at 3.30 a.m. near basti road. at this time .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori156; 2005(II)OLR560
..... months' mandatory houseman-ship training and was issued certificate to that effect. after obtaining the diploma, he registered his name as a homeopathic practitioner in consonance with the orissa homeopathy act, 1956 and was assigned the registration number c/859 and was also granted a licence as a registered homeopathic practitioner. thereafter he applied for being engaged at the cuttack homoeopathic ..... it can be said that by issuing earlier mark-sheet the board had made what can be termed as unqualified, unambiguous and unconditional promise nor can it be said that acting thereon the petitioner has done something which if required to be undone will cause serious prejudice to him. on the contrary this is a case where in all probability the .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR565
..... government in exercise of powers conferred under section 12 read with section 10 of the industrial disputes act. the reference read as follows:-'whether the termination of service of shri bhramabar das by the management of . nilachal service station (indian oil petrol pump), grand road, puri is legal and/ or justified if not to what ..... videannexure-1, answered the reference in favour of the workman and held that the termination of service of the workman by the management of . nilachal service station (indian oil petrol pump), grand road, puri was illegal and unjustified. the labour court further held that the workman was entitled to reinstatement with full back wages. ..... criminal proceeding was initiated against the petitioner on the basis of a complaint petition filed by the inspector, labour department under section 29 of the industrial disputes act, 1947 alleging non-implementation of the award by the petitioner. the said petition was registered as complaint case no.2(c) c.c. 14/1994. .....
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ4248; 2005(II)OLR239
..... reading of the aforesaid two provisions shows that the magistrate has power to pass order for disposal as well as confiscation of the properties including vehicles seized under the act. as discussed earlier a police officer or an authorised officer as the case may be can release tools, vehicles or conveyances in interim custody of the owner ..... action at his end and as such it was no more there at the p.s. and because of the provision of confiscation contained under section 16 of the act.4. being aggrieved with the said order, the petitioner has preferred this criminal revision as mentioned earlier.5. learned counsel appearing for the petitioner submitted that the ..... registered p.s.case no. 12 dated 22.1.2005 for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act') giving rise to the aforesaid g.r.case.3. during pendency of the said case, the petitioner .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR236
..... and he is satisfied that an offence has been committed in respect thereof he may order for confiscation of the same under sub-section (3) of section 16 of the act. so, the authorised officer or police officer as the case may be seizing the mineral, vehicle and tools etc. is not bound to produce the same before the ..... so seized and produced, together with tools, vehicles or other conveyances used in committing such offence.' 7. so, as per sub-section (1) of section 16 of the said act if there is reason to believe that any offence has been committed in respect of any mineral an authorised officer or a police officer can seize the minerals together with ..... time of passing the impugned order, the vehicle had already been handed over to the d.f.o., keonjhar for initiation of a proceeding under section 56 of the forest act and that the petitioner was not the owner of it. 4. being aggrieved with the said order, the petitioner has preferred this criminal revision. 5. learned counsel appearing for .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR327
..... and produced, together with tools, vehicles or other conveyances used in committing such offence.'6. so, as per sub-section (1) of section 16 of the said act if there is reason to believe that any offence has been committed in respect of any mineral an authorised officer or a police officer can seize the minerals together ..... the petitioner has preferred this criminal revision.5. in this context it will be profitable to quote sub-sections (1)(2) and (3) of section 16 of the act, which read as follows:'16. seizure of property liable to confiscation -(1) where there is reason to believe that an offence has been committed in respect of any mineral ..... .i.c. seized the coal alongwith the truck and registered a case for the offence under sections 379 ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act') giving rise to the aforesaid g.r.case.3. during pendency of the said case, the petitioner claiming .....
Tag this Judgment!Court : Orissa
Reported in : [2006(108)FLR1029]; (2006)ILLJ1018Ori
..... party no. 2 by letter dated may 15, 2000 directed the petitioner to deposit the amount and comply with the provisions of the act under the code allotted to the head office of the petitioner company. the senior manager no. i who was in charge of package no. 1 intimated the opposite party no. 2 that though a ..... provident fund commissioner has also a part to play therein.6. learned counsel for the petitioner relied on a decision of the karnataka high court in the case of indian process chemical laboratory (p) ltd., bangalore v. regional provident fund commissioner, bangalore 1979 lic 84. relying on the said decision it was contended by shri pongari that ..... conduct of the bank concerned and the postal department. under those circumstances, the court held that no penal damages can be levied under section 14-b of the act. reliance is also place on another decision of this court in the case of prajatantra prachar samity v. regional provident fund commissioner, orissabhubaneswar 1979-i-llj-136 (ori .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR578
..... premises eviction act etc.)(ii) tenant who has entered into possession by virtue of a lease.(iii) person who has entered into possession by virtue of some covenant like, agreement to sell ..... (supra) cited on behalf of the accused/petitioner it has been held by this court that the rigor of section 441 i.p.c. as amended by orissa act 22 of 1986 shall not be applicable to the following cases;(i) statutory tenants whose tenancy is governed by any statute (they are protected by tenancy laws like public ..... party/complainant. since he deliberately avoided to receive notice the complainant/opp. party issued him a notice under section 441 i.p.c. as amended by the orissa act 22 of 1986 to vacate the aforesaid land with structure within one month of receipt of the said notice. when the said premises with appurtenance were not vacated he .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT501
..... 1. when in accordance with the above quoted sub-section (2) of section 17 such certificate has been made admissible in evidence under section 76 of the indian evidence act, the authorities granting such certificate should be careful and provide the correct and exact entry instead of being casual, negligent or mischievous as the case may be. ..... this section shall be certified by the registrar or any other officer authorized by the state government to give such extracts as provided in section 76 of the indian evidence act, 1872, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.'it is therefore, explicitly clear ..... b that bhagirathi jena, the husband of the opp. party begot the third child on 6.5.1997. such documents being admissible under section 35 of the indian evidence act, the presumption arising out of such documents was not rebutted by the opp. party. it was neither pleaded nor proved that bhagirathi jena has a second wife .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ847; 2005(II)OLR737
..... the factual backdrop of the case, so far as it relates to involvement of the present petitioner in commission of the alleged offence punishable under sections 409/420 ipc as narrated above, more particularly keeping in view the decisions of the apex court on the legal position referred supra, i do not find any illegality, ..... , whether the allegations contained are sufficient to attract culpability is a matter for adjudication at the trial.9. under scheme of the act, if the person committing an offence under section 138 of the act is a company, by application of section 141, it is deemed that every person who is in charge of and responsible to the ..... ') from this case was overruled. the learned court below refused to discharge the petitioner and found prima facie case against him under section 409/420 of the, indian penal code. the learned court also ordered 'charge be framed against the accused thereunder' and the case was accordingly posted to 25.4.2005 for consideration of charge .....
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