Court : Orissa
Decided on : Mar-29-1967
Reported in : AIR1967Ori189; 33(1967)CLT576; 1967CriLJ1552
..... under section 161 (3) of allthe persons whom the prosecution proposesto examine as its witnesses would be furnished to the accused free of cost before the inquiry or trial begins.7. judged by the aforesaid test, the petitioners are not entitled to copies of the statements in question of p. ws. 2 and 5 free of cost ..... time and place stated in the summons or order. (3) nothing in this section shall be deemed to affect the indian evidence act, 1872, sections 123 and 124. .......... these two sections of the evidence act deal with as to affairs of the state and official communications. it is conceded by the learned additional standing counsel that there is ..... certified copies of the statements of p. ws. 2 and 5 in the suicide case. the learned assistant sessions judge got himself completely confused in holding that these statements are privileged under sections 123 and 124, evidence act. though the investigation in the suicide case and the investigation under ex. 9 are not in one and the same .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1967
Reported in : AIR1967Ori180
..... it in any proceeding before the collector or the court to appear and adduce evidence for the purpose of determining the amount of compensation. the scope of the inquiry envisaged in section 21 gives full opportunity to a consideration of me interest of the company who is affected by the objection relating to the quantum of compensation. ..... on whose behalf the acquisition is made by the state. it includes only the persons as defined in section 3(b). under section 21. the scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection. section 50(2) lays down that in any ..... award for 92.40 paise. on the objection of respondent-1, the collector made a reference to the district judge under section 18 of the land acquisition act for determination of compensation. the matter was ultimately heard by the learned subordinate judge. sambalpur, who valued the disputed land at rs. 3300/-. he also decreed a sum of rs 495/- .....
Tag this Judgment!Court : Orissa
Decided on : Aug-07-1967
Reported in : AIR1968Ori67; 33(1967)CLT936; 1968CriLJ528
..... the state. on appeal, the conviction of the petitioner, who was one of the accused persons in that case, was set aside by the sessions judge on the ground that there was no reliable evidence to show that the tapioca belonged to the petitioner. he, however, maintained the order of confiscation. thereafter the petitioner ..... of kerala is similar to the present one. there the petitioner along with several others was tried for offences under the provisions of the essential supplies (temporary powers) act, 1946, as the accused persons were found transporting without permit about 150 bags of dried tapioca chips. the magistrate convicted the accused persons and confiscated the goods to ..... act to deal with situations like the present one where the accused does not claim the property, nor any other person claims it to be his. in such a case, resort has to be made to the provisions contained in the cr. procedure code. sub-section (1) of section 517, cr. p.c. lays down that:'when in inquiry .....
Tag this Judgment!Court : Orissa
Decided on : Aug-18-1967
Reported in : 34(1968)CLT60; 1968CriLJ848
..... deceased regarding the circumstances of the transaction which resulted in his death are admissible under section 32(1) of the evidence act. we accordingly confirm the finding of the learned session judge that death was due to oleander poison administered by arundhati.4. it was contended that the prosecution failed to prove that ..... a rational explanation consistent with her innocence. it is not the duty of the prosecution to anticipate and eliminate all such intentions.12. the learned sessions judge held that illicit intimacy between maharagu and arundhati had not been established. doubtless there is no positive proof of the existence of sexual intercourse; but there ..... the deceased appeared on the scene with a stick to chastise arundhati. maharagu left the place. 'we are not inclined to agree with the learned sessions judge that administration of poison was without any motive. even assuming that no motive is established, prosecution case is not thereby in any manner weakened. existence of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1967
Reported in : AIR1967Ori116; 33(1967)CLT684; (1968)ILLJ64Ori
..... to take the case out of the category of cases where vicarious liability of the employer would arise. the learned subordinate judge rightly held that the state was vicariously liable to pay damages for the rash and negligent act of its driver. 6. the next question is what is the principle for determination of quantum of damages in a case ..... was so wide at the spot that two vehicles could easily pass each other there. the conclusion of the learned judge that the accident was due to rash and negligent driving is unassailable.5. thus the driver committed a tortious act in course of his employment by the state government. in air 1962 sc 933, state of rajasthan v. mst. ..... rash and negligent driving on the part of the driver and that the state was vicariously liable for the act of the driver in course of ms employment. on the further finding that the plaintiff was the widow of late padmacharan the learned judge decreed the suit for rs. 8400/- assessing the damages at the rate of rs. 25/- per .....
Tag this Judgment!Court : Orissa
Decided on : Dec-08-1967
Reported in : AIR1968Ori167; 1968CriLJ1190
..... ramdas accordingly pinpointed his argument and contended that the evidence of p.ws. 6 and 9 should not have been discarded. he, however, conceded that the learned sessions judge did not use the f.i.r. for contradicting the evidence of these two witnesses. thus the contention that the inadmissible evidence was admitted has no application to the ..... the way, they were assaulted by the members of the party of p. w 3. other accused took a plea of complete denial.3. the learned sessions judge after a thorough examination of the relevant evidence came to hold that the prosecution witnesses were interested and untrustworthy and that the prosecution was guilty of suppression of material ..... the basis of the materials on record. the fact that the learned sessions judge utilised the f.i.r. in disbelieving some of the witnesses other than p. ws. 6 and 9 does not affect his ultimate conclusion. section 167 of the evidence act lays down:'the improper admission or rejection of evidence shall not be ground of .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-1967
Reported in : AIR1968Ori165; 33(1967)CLT1001; 1968CriLJ1188
..... information that a purse containing rs. 26/- had been stolen from her residential quarters in the previous nightthe sub-inspector of police deputed opp. party-2 for inquiry after some conversation with the headmistress, the house of the complainant was searched. thereafter at the instigation of the headmistress the a s i. assaulted him with ..... revision has been filed.2. the orders passed by the learned courts below are fairly well discussed on facts. the learned sessions judge referred to ex a a complaint in writing filed by the petitioner before the president. fourth grade government servants association wherein there was no reference to the complainant ..... the accused persons to the court of session and discharged the accused under section 209, cr. p. c. the petitioner filed a revision before the learned sessions judge who dismissed the same observing that the complainant had failed to make out a prima facie case under section 330. i. p. c. against this order the .....
Tag this Judgment!Court : Orissa
Decided on : May-12-1967
Reported in : AIR1968Ori26; 34(1968)CLT786; 1968CriLJ205
..... two cases, will not amount to conversion of the two cases from one class to another. it was argued that the maintainability of the complainant's appeal is to be judged on the footing as tohow the case was initially instituted against the accused-respondents; admittedly the case against accused nos. 1 to 10 in the g, r. case was initially ..... or tagging together of two criminal cases for joint trial of the accused persons, as in the present case. the supreme court decision was also considered by a learned single judge of this court in bankebehari modi v. ramawa-tar saha in cri revn. no. 488 of 1965 (unreported) d/- 2-9-1966 (ori) -- in which the peculiar facts of that .....
Tag this Judgment!Court : Orissa
Decided on : Sep-05-1967
Reported in : 34(1968)CLT99; (1968)IILLJ320Ori
g.r. misra, j.the petitioner was convicted under section 23 of the police act and sentenced to pay a fine of rs. 75, in default, to undergo simple imprisonment for two months by the sub-divisional magistrate, pari. the sessions judge set aside the sentence of fine and directed forfeiture of pay of the petitioner ..... are made out. the lower appellate court fully analysed the relevant evidence and rejected the defence version. i agree with the finding of the learned sessions judge that the petitioner was not sick during the relevant period and refused to receive the transfer order and did not join the new station.7. in support ..... ) to the petitioner through the command certificate (ex. 4) is lawful and within jurisdiction.12. the prosecution established beyond reasonable doubt that the petitioner refused to act in accordance with the transfer order despite the position being clearly explained by the additional superintended of police. the disobedience is clearly wilful breach of a lawful order .....
Tag this Judgment!Court : Orissa
Decided on : Aug-08-1967
Reported in : AIR1967Ori198; 34(1968)CLT118; 1967CriLJ1672
G.K. Misra, J. 1. I Petitioners are members of the second party. Opposite parties 2 to 6 are members of the first party. The case of the first party members is that in village Baku Jainebad, there is a tank on plot No. 139 in Khata No. 116 with an area of 0.73 acre recorded as 'Anabadi' They claim eight annas interest in the tank and title in it on the basis of a settlement by the Anchal The petitioners assert that the tank belonged to the villagers and that they had right of user of water and fishery The learned Magistrate started a proceeding under Section 107 Cr. P. C. (hereinafter referred to as the Code) against the petitioners and not against the members of the first party. He also passed an order under Section 117(3) of the Code calling upon the petitioners to furnish interim bond. Against this order, the revision has been filed. 2. Mr. Misra raised two contentions: (1) In the facts and circumstances of this case, a proceeding under Section 147 only and not one under Section 107...
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