Court : Orissa
Decided on : Feb-04-1958
Reported in : AIR1958Ori194; 1958CriLJ1071
..... do a thing' and 'wilfully suffering a person to do a thing' was clearly brought out, with special reference to section 405, indian penal code and s. 5(1)(c) of the prevention of corruption act. their lordships observed : 'there is vast difference between 'wilfully suffering another' and 'allowing a person to do a particular thing' ..... police that he had the necessary intention or that, knowing what was likely to take place, he deliberately connived at the commission of the offence by his acts of negligence. under these circumstances i do not think that his trial should continue.11. the criminal proceeding pending against the petitioner is therefore quashed.the ..... presupposes a conscious action while even by negligence one can allow another to do a thing.' 10. it seems thus clear from the aforesaid authorities that mere acts of negligence on the part of the treasury officer in complying with the relevant rules of the treasury code (assuming that there was negligence) would not suffice .....
Tag this Judgment!Court : Orissa
Decided on : Feb-19-1958
Reported in : AIR1958Ori228
..... much detail and with much elaboration. they form a current record, on the financial side, of the history of the institution.'a practice has grown up in indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing accordingly to furnish ..... to prejudice the prospects of the petitioner's election and was a corrupt practice committed by the opposite party under section 123, clause (4) of the act.5. the list of particulars appended to the election petition in part iv enumerated the different places where meetings were held by the appellant and his agents ..... the election tribunal (mr. t. v. rao, district judge puri) passed on a petition filed under section 81 of the representation of the people act, 1951, (hereinafter called the act) by a defeated candidate, shri banamali patnaik for the orissa legislative assembly from the khurda constituency during the elections held in 1957 praying to declare the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-26-1958
Reported in : AIR1958Ori168; 1958CriLJ1055
..... punishment. there is no compelling reason why clause (2) of article 194 should be so construed as to lead to such conflicting results. the indian constitution is a happy compromise between the american principle of judicial supremacy and the british principle of parliamentary sovereignty.hence, the alternative construction which while giving ..... be entirely free and unshackled. it is needless to say, however, that all these principles were based on fundamental basis that everybody concerned should act reasonably and their conduct should be according to normal standards of reasonableness.the authorities both here and england are based on sound principles which never ..... such restriction a compelling reason must be found.' one such reason may be therepugnancy between the immediate enacting provisions and the other provisions of the act.13. these principles of statutory construction also apply to the interpretation of a constitution subject to the rule that a constitution should not be interpreted .....
Tag this Judgment!Court : Orissa
Decided on : Apr-11-1958
Reported in : AIR1958Ori187
..... stands on a different footing. even under the land acquisition act construction of dwelling houses for employees would justify the acquisition of land for a company --see section 41(4) of that act. but acquisition of land for the purpose of constructing an embankment for providing a railway siding to the paper mill at choudwar, though very necessary ..... '.18. in tambiran padayachi v. state of madras 1952-7 dlr 275 : (air 1952 mad 756) a division bench of the madras high court reviewed all the indian and american decisions on the subject and observed as follows at p. 281 (of dlr) : (at p. 761 of air):'the result of the authorities may be ..... benefits resulting from a private use of condemned property, are sufficiently important to outweigh the private benefits derived therefrom by the condemner.'17. i may now notice the indian decisions bearing on the construction of the expression 'public purpose.' the leading decision is that of the privy council, reported in hamabai framji v. secy. of state .....
Tag this Judgment!Court : Orissa
Decided on : Apr-15-1958
Reported in : AIR1958Ori260
..... practice, from producing evidence, specially evidence in proof of a fact within his special knowledge as be is bound to do under the provision of section 106 of the indian evidence act, and there is really a case like that here. it is further to be borne in mind that an enquiry such as this, though held to be of a ..... might be in favour of the appellant as against the raja bahadur. mr. mohapatra relied upon the case of hoshiarpur west general constituency 1946, reported in s. and p. indian ele cases 945 (li). it was observed in the judgment of the tribunal, 'what is required is that the commissioners must on the materials on the record and the surrounding ..... places the burden of proving that the result of the election has been materially affected on the petitioner who impugns the validity of the election, though under the english act (ballot act, 1872, section 13), the burden is upon the respondent to show the negative, i.e., that the result of the election has not been affected. in the case .....
Tag this Judgment!Court : Orissa
Decided on : Apr-30-1958
Reported in : AIR1959Ori5
..... the general revenues the annual deficit between the income and expenditure of the temple, orissa came under the british rule in 1803 and the east india company took over the management of the temple and tried to administer it through three pandits. this arrangement was found to be unsatisfactory and by regulation iv ..... rites of the aboriginal races, the mild flower worship of the vedas, and every compromise between the two along with the lofty spirituality of the great indian reformers have here found refuge. but not content with this representing vishnu in all his manifestations priests have super-added the worship of the other members of ..... ancient customs and usages and the unique and traditional nitis and rituals contained in the record of rights prepared under the puri sri jaggannath temple (administration) act, 1952, in the manner hereinafter appearing etc.'. the legislature thought that the temple being an institution of unique national importance to which millions of hindu devotees .....
Tag this Judgment!Court : Orissa
Decided on : Jul-30-1958
Reported in : AIR1960Ori1
..... the names of persons guilty of corrupt practice presumably to be dealt with either under the penal provisions of the representation of the people act or under chapter ixa of the indian penal code. it seems as if the function of the tribunal under section 99 is as of a committing magistrate in a criminal ..... code), offence of undue influence or personation at an election (section 171f of the indian penal code), both the offences punishable with imprisonment under the indian penal code and offences punishable under section 135 or section 136(2)(a) of this act shall entail disqualification for membership of the legislature. it provides that the period of ..... with imprisonment for six months or with fine or both.section 138 -- amends the code of criminal procedure (act 5 of 1898) making suitable provisions in appropriate places regarding offences relating to elections under section 171f of the indian penal code (punishment for undue influence or personation at an election), and section 171g of the .....
Tag this Judgment!Court : Orissa
Decided on : Aug-04-1958
Reported in : AIR1959Ori103
..... decision of the house of lords does not help the plaintiff-respondent. 10. the learned counsel for the plaintiff-respondent, also relied on section 71 of the indian contract act, in support of his contention that the appellant-river development had the same responsibility, as of a bailee as finder of the goods. section 71 requires ..... on these facts, has come out with a claim against the appellant, alleging that while taking delivery of possession by the appellant-river development from the appellant-railway, the staff of the appellant-river development 'damaged or otherwise disposed of and utilised the schedule 'a' timber belonging to the plaintiff which was stacked by the ..... to do so to the detriment of the interests of the appellants. the plaintiff-respondent could not, as of right, encroach upon any portion of the railway land for stacking timber waiting to be loaded into wagons. the supply of wagons was regulated according to the rules of the appropriate department and was subject .....
Tag this Judgment!Court : Orissa
Decided on : Aug-18-1958
Reported in : AIR1959Ori69
..... in his profession. in the background he came into the picture in may 1955 as a lawyer for the official liquidator of the company.14. for convenience, i propose to take the second charge first against shri sovesh for making unnecessary allegations in the plaint in the ..... to as shri abani) was appointed as the official liquidator of the lakshmi hosiery mills ltd. (in liquidation) (hereinafter referred to as the company). it appears that since june 1952, one shri gagan behari mahanti and shri golak behari mahanti (hereinafter referred to as the mahantis) were in ..... the special knowledge of shri sovesh alone, who was entrusted with the matter as the company's lawyer.10. as regards the second notice under section 109 of the transfer of property act, after the matter was left in the charge of an advocate who was engaged to ..... s. barman, j.1. this is a case under s. 10 of the indian bar councils act regarding the conduct of one shri abani kanta roy and one shri sovesh chandra roy, both advocates .....
Tag this Judgment!Court : Orissa
Decided on : Sep-09-1958
Reported in : 24(1958)CLT479; [1959]36ITR135(Orissa)
..... when he was asked to supply the information required, without the consent of the court as required by law. under section 446, clause (1), of the indian companies act, 1956.'when a winding up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced ..... with him. in paragraph 9 he also stated that the central government was protected under section 537(2) of the indian companies act and that the notice under section 46(5a) of the income-tax act was not an attachment until certificate proceedings would be started by the collector of the district in exercise of his powers ..... and the official liquidator was directed to proceed with the administration of the estate in accordance with the provisions of the indian companies act, 1956. from that date, under section 456 of the companies act, all the property and effects of the company should be deemed to be in the custody of the court. under section 446 of the said .....
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