Court : Orissa
Decided on : Sep-29-1996
Reported in : 1997(I)OLR130
..... been admitted there is no iota of doubt, the provision of section 50 is attracted. the question that falls for consideration is whether there has been any foundation by suggestion in the cross-examination. needless to say, the burden is on the prosecution to establish that section 50 has been complied with. however, dealing ..... standing counsel in his turn supports the judgment of the court below. submission of sri das is, section 50 of the act is not attracted in the present case, inasmuch as no proper foundation has been laid down by the appellant during cross-examination. he has also emphatically urged that mere delay in sending the seized ..... sri manoranjan acharya the learned counsel attacked the judgment on two grounds, namely, there has been non-compliance of the provisions enjoined under sec. 50 of the act and the said provision being mandatory, such non-compliance vitiated the trial and further, there has been delay in sending the seized articles for chemical examination and the .....
Tag this Judgment!Court : Orissa
Decided on : Feb-12-1996
Reported in : 1996(I)OLR493
..... act') read with rule 80 of the orissa sales tax rules, 1947 (hereinafter referred to as 'the rules') for suo motu revision of the first appellate orders passed by the assistant commissioner of sales tax, cuttack i range, cuttack. the impugned notices-in both the cases are identically worded. ojc no. 4496 of 1995 relates to the assessment year ending 1993 ..... in ojc 4496/95. 'whereas it appears that the order dated 14-9-1994 passed by the learned a. c. s. t., cuttack i range, cuttack for the year 1993-94 is erroneous so far as it is prejudicial to the interest of revenue for the reasons given below : (i) the allegation of suppression although established was not properly appreciated ..... conferred under sub-section (2) of section 23 has partly set aside the order of assessment for the year 1992-93 and annulled the entire assessment for the year 1993-94. both the orders passed by him as per annexure-3 were available to be appealed against under sub-section (3) of section 23, but the revenue did .....
Tag this Judgment!Court : Orissa
Decided on : Feb-23-1996
Reported in : 81(1996)CLT443; [1997]89CompCas613(Orissa); 1996CriLJ3622; 1996(83)ELT504(Ori)
..... the petitioner is not liable, i set aside the orders issuing non-bailable warrant of arrest and distress warrant and further set aside the order dated march 5, 1993, refusing to recall the same. the non-bailable warrant of arrest and distress warrant issued against the petitioner are hereby recalled. however, the criminal miscellaneous case no. ..... payment of fine by the company is its exclusive liability, steps are to be taken for realisation of the same in accordance with the provisions of the companies act, keeping in view that the company is now in liquidation. under this changed circumstance, a non-bailable warrant or distress warrant cannot be issued against the ex- ..... about this proceeding filed a petition on february 29, 1993, to recall the said non-bailable warrant of arrest and distress warrant. the grounds for recall were that the petitioner has ceased to be the managing director and the company having already been wound up in company act case no. 4 of 1977 as per judgment dated .....
Tag this Judgment!Court : Orissa
Decided on : May-15-1996
Reported in : 1997ACJ692; (1996)IIILLJ324Ori; 1996(II)OLR79
..... keeping in mind methodology to be adopted while assessing loss of earning capacity, orders are being passed which have no foundation to support them. explanation ii to section 4(1)(c)(ii) of the act requires that while doing assessment of loss of earning capacity, the qualified medical practitioner shall have due regard to the ..... the order appealed against. that was the interpretation given to the expression 'lie' appearing in third proviso to sub-section (1) of section 30 of the act. the quantum awarded by the commissioner as compensation to gajendra prusty (hereinafter referred to as 'the workman') was under-challenge.2. learned counsel for the insurer ..... to as 'the insurer') calls in question legality of judgment of a learned single judge holding that the miscellaneous appeal preferred under section 30 of the act was defective and consequentially was not maintainable, as the memorandum of appeal was not accompanied by a certificate by the commissioner to the effect that appellant had .....
Tag this Judgment!Court : Orissa
Decided on : Feb-28-1996
Reported in : 1996(1)ALT(Cri)23; 1996CriLJ2626
..... .k. dash, j.1. this revision at the instance of the informant is. against the judgment of the learned additional sessions judge, rourkela, passed in criminal appeal no. 9 of 1993 whereby he set aside the order of conviction and sentence recorded against the accused, opposite party no. 1 herein, under section 366, ipc.2. the prosecution case unfurled during trial ..... . he further submitted that the evidence of two doctors, pws 3 and 4, according to whom the girl had become major being opinion evidence as envisaged in section 45, evidence act, over much importance should not have been given to it. the learned counsel for the accused, on the other hand, supporting the appellate court's finding, urged that the learned .....
Tag this Judgment!Court : Orissa
Decided on : May-15-1996
Reported in : AIR1997Ori1; 1997(II)OLR207
..... the state, may appoint as notaries any legal practitioners or other persons who possesssuch qualifications as may be prescribed. a bare reading of section 3 of the notarires act makes it clear that only a legal practitioner or other person, who possesses the prescribed qualification can be appointed as a notary. it is not in dispute that ..... is that the petitioner is required to furnish an undertaking that he ceases to be an advocate while functioning as president of the district forum. section 3 of notaries act deals with the power to appoint notaries. it provides that the central government, for the whole or any part of india, and any state government, for the ..... of the president, consumer forum.by a notification dated 3-4-1995 issued under sub-sections (i) and (ia) of section 10 of the consumer protection act, 1986 (in short, 'the act'), petitioner was designated as president of the district forum of mayurbhani district. he was required to furnish affidavit as per sub-rule (5) of rule 3 .....
Tag this Judgment!Court : Orissa
Decided on : Nov-13-1996
Reported in : AIR1997Ori115
..... the reason that on the date of filing of the petition for amendment, the petitioner could not have maintained the election petition. 13. section 83 of the act enjoins that an election petition shall contain a concise statement of 'material facts' and shall refer to 'particulars' of any corrupt practice which the petitioner alleges. section ..... words 'election agent', 'polling agent' be substituted. 11. the respondent has objected to the petitioner's prayer for amendment. referring to section 87 of the act it is urged that no doubt the high court in exercise of discretionary power may allow the particulars of any alleged corrupt practice to be amended or amplified ..... respondent's election to the orissa legislative assembly on the ground of corrupt practice under section 100(1)(b) of the representation of the people act, 1951 (for short, 'the act'). by filing the present petition for amendment he seeks to amplify the particulars of corrupt practice, material facts of which have been set out in .....
Tag this Judgment!Court : Orissa
Decided on : Feb-02-1996
Reported in : AIR1996Ori145; 82(1996)CLT54
..... , post graduate council, utkal university opposing the petition. it is averred that as the petitioner had himself contested the election for the post of general secretary for the session 1993-94 under the amended provisions, he cannot now be permitted to challenge the same. it is the case of the opposite parties that p.g. council exercises powers over ..... once. since it is a question of election, a person can be elected any number of times as long as the electorate prefers him. even the representation of people act does not restrict the number of times a person can contest the eletion or for being elected. indeed, it is seen that once a person is elected, he continues ..... is slightly different from the one which is contained in the calender 1992-93. the power to amend the constitution of the students union as contained in the calendar 1993-94 is found in rules 22 and 23 which read as under :'22. amendments to the rules of the constitution may be suggested by the executive committee of the .....
Tag this Judgment!Court : Orissa
Decided on : Aug-27-1996
Reported in : 1996(II)OLR558
..... which led to the initiation of proceeding essentially are as follows :one anuja kumar nayak (hereinafter referred to as 'the informant') lodged a written report on 21-11-1993 at bidanasi police station alleging that on the previous night when all his family members were asleep, his elder brother woke up hearing some sound, opened the door and ..... a co-accused can be used only in support of other evidence and cannot be made the foundation of a conviction.'the apex court cited withapprovaltheseobservations of the privy council in kashmira singh's case (supra).5. section 30 of the act is an unusual provision by which something which is not in the nature of evidence may be ..... code to quash the order taking cognizance.4. the scope and ambit of section 30 of the act was considered by. this court in gunanidhi maharana and three ors. v. state : (1993) 6 ocr 158. the requirement ofsection 30 of the act is that before it is made tooperate againstthe co-accused,it should be strictly established. in other .....
Tag this Judgment!Court : Orissa
Decided on : Aug-23-1996
Reported in : 82(1996)CLT528; [2000]99CompCas229(Orissa); 1996(II)OLR412
..... would have been a possibility of quashing the proceeding. i am afraid, the petitioners have not been able to lay the foundation-stone for any of the setus of the aforesaid sapta setu. no foundation stone having been laid, the question of building the bridge does not arise. the setu remains unconstructed.22. resultantly, the ..... the complainant and was prima facie satisfied that a case under section 138 of the act has been made out against the accused persons and accordingly took cognizance of the same. the said order taking cognizance and initiation of criminal proceedings are ..... was a justified action. with these allegations, the complainant instituted the complaint case contending, inter alia, that an offence under section 138 of the negotiable instruments act, 1881, read with section 420 of the indian penal code has been committed by the present petitioners.4. the learned trial judge recorded the initial statement of .....
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