Court : Orissa
Decided on : Sep-21-1993
Reported in : [1993]204ITR749(Orissa)
..... may adjourn or postpone the hearing of a criminal case in exercise of its discretionary power under section 309 of the code, if the disposal of any proceeding under the act which has a bearing on the proceedings before it is imminent so that it may take into consideration the order to be passed therein. in such cases, the discretion ..... of the appeal and, in any event, there is no infirmity in the order passed by the learned additional chief judicial magistrate.3. the result of a proceeding under the act does not, in all cases, become binding on the criminal court and the court has to judge the proceeding placed before it independently. otherwise, there is a danger of ..... a bar to the institution of criminal prosecution for the offences punishable under sections 276c and 277 of the act or sections 195 and 196 of the indian penal code. in the aforesaid premises, the launching of the prosecution cannot be said to be illegal.4. coming to the question whether the criminal court is bound to .....
Tag this Judgment!Court : Orissa
Decided on : Oct-07-1993
Reported in : 1993(II)OLR543
..... the wife of the petitioner no. 2 while releasing the opp. party no. 2 accused under section 4 of the probation of offenders act. the opposite party no. 2 stood trial under sections 448, 341, 323, 325 and 294 ipc and was ultimately convicted of the charges, but the learned magistrate directed his release under the probation of offenders ..... longer in doubt, and is applicable to such proceedings without exception, vide (1988) 1 ocr 612 (m/s. orient paper and industries limited v. the registrar of companies, orissa). since admittedly the learned sessions judge passed the impugned order in suo motu revision without hearing the petitioners, the order was vitiated in law. though because of such ..... judge would have done well in only stating aside that part of the order.4. the conviction in the case inter alia was under sections 323 and 325, ipc. petitioner no. 1 was found to have suffered a fracture. there was also injury sustained by the wife of the informant. the direction for compensation on such .....
Tag this Judgment!Court : Orissa
Decided on : Oct-14-1993
Reported in : 1993(II)OLR538
..... magistrate, sundargarh, on the allegation of having committed offences punishable under sections 467, 468, 471, 473, 420 and 120-b of the indian penal coda* 1860 in short, 'ipc', and under sections 52. 53 and 67 of the indian post office act, 1898. on 6-8-1988 pardon was granted to him under section 306 of the code of criminal procedure, 1977 (in short ..... legality of an order directing remand to jail custody when bail was granted during investigation without considering the prohibitions contained in section 37 of the narcotic drugs and psychotropic substances act. 1985. it was held that the accused was entitled to continue on previous bail unless the same is cancelled on any of the grounds illustratively indicated in aslam babalal's .....
Tag this Judgment!Court : Orissa
Decided on : Nov-09-1993
Reported in : (1994)117CTR(Ori)378; [1995]211ITR35(Orissa)
..... hereinafter referred to as 'the assessee') is a company registered under the companies act, 1956, ..... and 33 of the income-tax act on incorrect facts by an assessee which is a company registered under the companies act, amounts to concealment to attract section 271(1)(c) of the income-tax act ?'3. the background facts as indicated in the statement of the case areas follows :messrs. indian metals and ferro alloys limited ( ..... and machinery were used during the year. a trial production was made on december 27, 1973. this was also reflected in the annual general report of the company, the statements, etc., accompanying the return of income. the revenue's stand, however, was that the assessee had not commenced production before february, 1974. .....
Tag this Judgment!Court : Orissa
Decided on : Nov-23-1993
Reported in : AIR1994Ori191
..... it was stated in paragraph 4 that here, as elsewhere in the world, uncontrolled growth and the consequences of environmental deterioration are fact assuming menacing proportions and all indian cities are afflicted with this problem. on facts, however, being satisfied that the government had shown full awareness of the problems of environment in making allotment of ..... united nations on human environment; african charter on human and people's right, justice douglas, and then after referring to what finds place in the environment (protection) act, 1986, the learned judge stated as below in paragraph 24 :--- 'from the above it is clear that protection of the environment is not only the duty of the ..... no right, traditional or customary, to get such lease, conferment of the right to get lease for the first time by the present policy was an unwarranted act on the part of the government; more so, as it would very adversely affect the fishermen. in so far as the last submission is concerned, we have .....
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR130
..... , first class, nimapara, who took cognizance of offence punishable under section 307 read with section 34, indian penal code, 1860 (in short, ipc), in addition to cognizance taken in respect of offences punishable under section 341, 325, 323 read with section 34, ipc. the accused-petitioners have assailed legality of the order. according to the learned counsel for petitioners, the ..... action taken by the learned jmfc is contrary to law. the learned counsel for state and the informant have submitted that the learned jmfc acted within the para meter of law and the order ..... the neuro surgery department for specialist's opinion. therefore, the case comes within the ambit of sub-section (8) of section 173. the learned magistrate's action in acting upon the subsequent report is licit.the revision application is without any merit and is dismissed. .....
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