Court : Orissa
Decided on : Sep-06-1960
Reported in : AIR1961Ori118; 1961CriLJ130
..... the complaint under section 203 criminal procedure code on november 17. 1953. thereafter, the defendant complainant filed a criminal revision petition in the court of tho sessions judge which was also dismissed on april 6, 1954.the plaintiffs (who were complained against) attended the investigation, the preliminary enquiry before the deputy magistrate, ..... engaged lawyers and produced their evidence before him in support of the defence and also appeared before the sessions judge through their lawyer and defended the case. the plaintiffs surrendered before the sub-divisional magistrate on account of their apprehension of arrest by the police ..... proceedings 'have reached the stage at which damage to the plaintiff results'.if the damage is invited by the plaintiff him-self, by his voluntary act of attending the enquiry, certainly the defendant complainant is not liable on the ground that volenti non fit injuria. inother words, the alleged damage is .....
Tag this Judgment!Court : Orissa
Decided on : Aug-30-1960
Reported in : 1961CriLJ689
..... of each case. the nature of corroborative evidence should be such as to lend assurance that the evidence of the prosecutrix can be safely acted upon,8. in the present case the learned sessions judge appears to have been satisfied from the demeanour of p.w.i in the witness box that she was speaking the truth and he rightly ..... . subsequent conduct, by itself although important, is not enough, because a witness cannot corroborate himself. in such cases the judge is bound to tell the jury that it is a rule of the court not to act on the evidence of the complainant without some corroboration and where there is no corroboration to direct them that their proper course ..... believed her evidence. it is yet to be seen whether the circumstances in this case lend assurance that the evidence of the prosecutrix can be safely acted upon. before actually .....
Tag this Judgment!Court : Orissa
Decided on : Aug-05-1960
Reported in : AIR1961Ori137
..... the courts below, for different reasons, did not countenance the contention that the will had not been properly proved.the appellate court relied upon section 70 oe the evidence act to hold that execution of ext. 1| had been admitted on the defendant's side, and so non-examination of any of the attesting witnesses was immaterial. though ..... appointee holds his position, until the appointment has been declared to be a bad appointment and invalid*. the learned judge would give this right of declaration absolutely to the appointer. the facts of the case before the learned judge might have justified that view. but i am not prepared to accept it as a general rule of law governing ..... , the plaintiff brought a suit against defendant no. 1 for declaration that he was not in his proper senses and was incompetent to act as the mahant and; that the plaintiff, as his legal heir -and successor, was entitled to act as the mahant in his place, having been nominated by a valid will which had long since been .....
Tag this Judgment!Court : Orissa
Decided on : May-02-1960
Reported in : AIR1961Ori1; 1961CriLJ124
..... made out by pareswar in his petition for disciplinary action against the said advocate mr, nanda.5. it will be sufficient to observe that neither the learned district judge, to whom the reference was made for enquiry and report, nor the bar council considered the matter in the light of the provisions of the rules applicable to ..... party nilagiri. they both over-looked the clear provisions of the rules relating to professional conduct made under the bar councils act. it is on this ground alone that the findings of both the learned district judge and the bar council cannot be relied upon for decision of the case, with the consequence that we have to consider ..... rules to prescribe the procedure to be followed by tribunals and by district courts respectively, in the conduct of inquiries under section 10, we are called upon to decide this case within the ambit of the indian bar councils act and the rules made thereunder.it is also noticed that in some of the high courts, including calcutta high .....
Tag this Judgment!Court : Orissa
Decided on : Apr-07-1960
Reported in : AIR1961Ori104; 26(1960)CLT431
..... view taken by the learned subordinate judge that the transaction was not supported by legal necessity.4. mr. g. k. misra, appearing on behalf of theappellant, concedes that as the transaction fails onaccount of ..... further observed :'the practice of early marriage of hindu minors-may be sanctioned by usage; but it has been disapproved by the passing of the child marriage restraint act of 1929'.in such circumstances, his lordship was of the opinion that the alienation could not be supported as being for legal necessity. i, therefore, confirm the ..... legislature no doubt disapproves all such marriages and makes the performance of such marriage punishable in law.to incur expenses for performing a ceremony which is a criminal act, in my opinion cannot be taken to be legal necessity for which a karta of the family is empowered under the hindu law to effect an alienation. .....
Tag this Judgment!Court : Orissa
Decided on : Mar-30-1960
Reported in : AIR1960Ori199; 26(1960)CLT346
..... properties should also be partitioned in accordance with the shares mentioned above. 3. the three unsuccessful alienees, filed appeals before this court against the aforesaid judgment of the learned subordinate judge. f. a. no. 32 of 1951 was filed by defendant no. 28, srimati rammamani hota, f. a. no. 56 of 1951was filed by srimati rahasmoni dei (defendant no ..... moveable or immovable, execute the documents on our behalf for the following among other purposes, that you, as the head of our joint hindu family has to meet and act: (i) to liquidate old and subsisting debts or liabilities incurred by you or your father on account of our joint family trade and business. (ii) to undertake or ..... to make enquiries into the necessity for the loan, as well as he can, with reference to the parties with whom he is dealing, whether the manager is acting in the particular instance for the benefit of the estate. on the question as to whether the alienation was for the benefit of the estate the lower court is .....
Tag this Judgment!Court : Orissa
Decided on : Dec-06-1960
Reported in : 1962CriLJ179
..... (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, record as finding to that effect and make a complaint thereof in writing signed by the presiding officer of the court, and shall forward ..... baral under section 193 i.p.c., as they gave false evidence by denying the suggestion that dukhishyam is the brother of golok in the previous criminal case. after necessary inquiry shri p.c. patnaik, magistrate (p.w. 2) filed a complaint (ex. 8) before the sub-divisional magistrate, puri on 22.2.60.the case ultimately came ..... section 479a applies only to certain cases of false evidence namely, serious, flagrant and patent cases of perjury where the judge acts under section 479a(1) and that section 476 applies to all other cases of false evidence where the judge has not recorded a finding under section 479a(1). thus section 479a(6) does not exclude all cases of .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-1960
Reported in : AIR1961Ori171
..... . his assumption was that substantial injury had resulted to the petitioner since, nobody else participated in the auction sale. on the other hand, the learned subordinate judge did not at all touch this question. a material irregularity by itself is not sufficient to set aside an auction sale unless the judgment-debtor has sustained substantial ..... had been raised and had been decided adversely to the appellants (the judgment-debtors), the appellants had no remedy to have the decision of the learned subordinate judge rectified in appeal, because such an order is not an appealable order.to this mr. manuk (lawyer for the respondent) suggested that the object of requiring the ..... adjournment, it cannot be said that judgment-debtor could point out to the court about the irregularity of the sale'.4. in appeal, the learned subordinate judge did not at all consider the question as to whether the petitioner had sustained substantial injury by reason of the alleged irregularity. as to the question of .....
Tag this Judgment!Court : Orissa
Decided on : Apr-27-1960
Reported in : AIR1961Ori81
..... 4) the state government may on the report of the director, the collector, the market committee or an officer appointed by the state government in this behalf, after such inquiry as they deem fit and after giving the licensee an opportunity to be heard may, for reasons to be recorded in writing, suspend or cancel any license granted under sub ..... right of the citizen guaranteed to him under article 19 it is for the state to justify that restriction. but whether a restriction is reasonable or not must be judged not in abstract but in the context of the times and in the context of social needs and social urges. a restriction which may be unreasonable at a ..... reported an air i960 mys 73, firm, of faruk anvar co. v. market committee, raichur, in that case the learned judges of the mysore high court while considering rule 40 framed under the hyderabad agricultural markets act (ii of 1939) went into a discussion regarding the distinction between tax and fee and held that there was no quid pro .....
Tag this Judgment!Court : Orissa
Decided on : Feb-04-1960
Reported in : AIR1961Ori22
..... kiernander v. benimadhab their lordships held,'when there is no positive evidence that the attachment is not effected in accordance with law, the presumption that attaches to official acts as regards their regularity cannot be ignored.'as i have already observed, there is no positive evidence in the present case that some of the procedures laid down ..... is free to reverse the findings if it thinks that the inference made by the trial judge is not justified.'the learned appeal court, in coming to a different finding on the passing of consideration, appears to have acted within the aforesaid dictum.12. in the result, i find no merit in the present appeal which is ..... a nullity.....the court's act of attachment is in itsnature such as would affect the interest of innocent third parties if it is declared invalid. consequently the case is one which would attract the application of rule enunciated by maxwell on the interpretation of statutes at page 326 referred to above. judged in the light of that .....
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