Court : Orissa
Decided on : Dec-11-2013
..... victims of crime. the - 11 needs of victims and their family are extensive and varied. xx xx xx xx xx 9.1 the principles of victimology has foundations in indian constitutional jurisprudence. the provision on fundamental rights (part iii) and directive principles of state policy (part iv) form the bulwark for a new social order ..... carbide victims are examples of this liberal package of reliefs and remedies forged by the apex court. the recent decisions in nilabati behera v. state of orissa (1993 2 scc746) and in chairman, railway board v. chandrima das are illustrative of this new trend of using constitutional jurisdiction to do justice to victims of crime. ..... pending final disposal of the application. in taking this view we have also taken note of the provisions of section 7(2)(a) of the family courts act, 1984 (act 66 of 1984) passed recently by parliament proposing to transfer the jurisdiction exercisable by magistrates under section 125 of the code to the family courts constituted under .....
Tag this Judgment!Court : Orissa
Decided on : Jul-23-2013
..... and being asked by him as to how paga and chandra (deceased) had been killed, both of them confessed to have killed them during the night of 2.11.1993 because of misunderstanding between them in connection with their business. they also confessed that during interrogation by the police, they made disclosure statement that they had kept the weapon ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. the aforesaid principles have also been followed and reiterated in the recent decision of the apex court in mustkeem v. state ..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. in spite of the forceful arguments addressed to us by the learned advocate general on behalf of the state, we have .....
Tag this Judgment!Court : Orissa
Decided on : Aug-14-2013
..... and submitted that the hon ble apex court, in the said judgment has come to the conclusion that in the event, the 6 foundation for marking such a certified copy as a secondary evidence has been led and in the event, the document in question comes from ..... babaji in respect of the suit property in hal settlement, but the same was set aside in r.p. case no.231 of 1993 with a direction to record the names of the defendants in the ror. the plaintiff s possession over the suit land is no ..... joint family property of her husband/coparcener. with regard to the limited powers of disposal of property possessed by a female prior to 1937 act, according to hindu law, restriction was the rule . absolute power was the exception .. it would be profitable at this juncture to ..... mahatha and others v. dukhu mahatha, a.i.r. 1993 patna,129) it has been also held by this court as well as the hon ble supreme court that the presumption under section 90 of the act is permissive and it is a matter of judicial discretion, .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-2013
..... approval order.4. mr. s. palit, learned counsel for opposite party no.2-ojee submitted that the hon ble supreme court in the case of t.m. pai foundation vs. state of kerala, (2002) 8 scc 48.laid down the principles that the admission and its procedure is to be fair, transparent and nonexploitative. the state ..... arbitrary or will adversely affect the standards, if any, fixed by the central body under a central enactment. ojee authorities are bound by section 3 of the act, 2007 which prescribes for centralizing counseling, the product of which is a rationalized merit list. comparative merits of all the candidates are judged by making their appearance ..... candidates followed by 5 centralized counseling for the purpose of admission to such institutions through a single window system. admission made in violation of the provisions of the act, 2007 and rules framed thereunder shall be invalid. clause 11.4(b) of the aicte approval process hand book has been harmoniously construed in the ojee brochure .....
Tag this Judgment!Court : Orissa
Decided on : Jul-24-2013
..... ble supreme court in slp (civil) no.11932 of 1990, which was ultimately dismissed.3. thereafter, the appellants filed a suit, being m.s. no.97 of 1993-iii with the following prayers: (a) pass a decree to the effect that the plaintiffs, being the owners-in-possession since 1948, the payment of compensation amount ..... judgment and decree dated 12.07.2007 and 25.07.2007 respectively passed by shri p.c. patra, learned civil judge (senior division), nayagarh in money suit no.97 of 1993 iii. -----------state of orissa & others appellants -versussabitamayee singh & others for appellants : respondents advocate general and addl. standing counsel. for respondents : m/s. milan kanungo, d. ..... for recovery of compensation amount from the late rani saubhagyamanjari devi. hence, the suit was filed in the year 1993 on the ground that the l.a. proceeding in respect of the said properties was an act without jurisdiction and invalid in the eye of law and the money paid to late rani being public money and .....
Tag this Judgment!Court : Orissa
Decided on : Mar-26-2013
..... are as follows: opposite party no.3-workman, while serving as an assistant depot superintendent in the establishment of the petitioner-management at balasore during 1992-1993, committed serious misconducts, such as, habitual disobedience of orders of superiors, riotous, disorderly behaviours with superiors, unauthorised collection of money from customers without issuing ..... stand that the workman was working in a supervisory cadre. therefore, he was not a workman to claim any benefit under the industrial disputes act (in short, i.d. act .). while working as an assistant depot superintendent at balasore, he committed serious misconduct for which charge sheet was issued. after due enquiry, ..... was returned with a postal endorsement refused .. accordingly, the disciplinary authority imposed penalty. therefore, he was not entitled to any relief under the i.d act. on the pleadings of the parties, the labour court framed two issues which are as follows:3. i) whether the action of the management of .....
Tag this Judgment!Court : Orissa
Decided on : Oct-25-2013
..... terms of registered partition deed ext.6/a dated 17.2.1988. thereafter defendant no.1 and late soumendra entered into agreement for sale dated 6.6.1993 ext.3 with the plaintiffs in respect of the suit land for total consideration of rs.5,70,000/- and accepted rs.70,000/- towards earnest money ..... plaintiffs entitlement of relief of specific performance of contract. authoritative judicial pronouncements were cited from both the sides in this regard. section 20 of the specific relief act provides that jurisdiction to decree specific performance of contract is discretionary, and the court is no.bound to grant such relief merely because it is lawful to ..... originally executed.32. he who seeks justice must come with clear hands in a judicial proceeding. resorting to forgery amounts to fraud on court which avoids all judicial acts, ecclesiastical or temporal. fraud and collusion vitiate even the most solemn proceedings in any civilized system in jurisprudence. (see smt. shrisht dhawan vrs.- m/s. shaw .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... .11.2011. placing reliance on the judgment of the hon ble supreme court in the case of gurdeep singh vs. state of jammu & kashmir, air 1993 sc 2638, mr.palit submitted that admission of candidates by illegal means canno.be retained and candidates as well as the authority who resort to illegal methods ..... . section 9. (1) in every professional educational institution admissions shall be in accordance with the reservation policy of the government notified for the purpose of this act: provided that nothing in the sub-section shall be applicable to the minority institutions. (2) in a private professional educational institution other than minority institution no. ..... .4-college should be regularized. undisputedly, petitioners have no.taken admission in opposite party no.4-college through ojee as required under section 3 of 2007 act. therefore, their admission canno.be regularized on the basis of office order dated 15th march, 2007. law is well-settled that executive instructions canno.prevail over .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... .11.2011. placing reliance on the judgment of the hon ble supreme court in the case of gurdeep singh vs. state of jammu & kashmir, air 1993 sc 2638, mr.palit submitted that admission of candidates by illegal means canno.be retained and candidates as well as the authority who resort to illegal methods ..... . section 9. (1) in every professional educational institution admissions shall be in accordance with the reservation policy of the government notified for the purpose of this act: provided that nothing in the sub-section shall be applicable to the minority institutions. (2) in a private professional educational institution other than minority institution no. ..... .4-college should be regularized. undisputedly, petitioners have no.taken admission in opposite party no.4-college through ojee as required under section 3 of 2007 act. therefore, their admission canno.be regularized on the basis of office order dated 15th march, 2007. law is well-settled that executive instructions canno.prevail over .....
Tag this Judgment!Court : Orissa
Decided on : Aug-27-2013
..... child and his wife. however, due to intervention of the parents, the same could not be materialized. in the meantime, the wife filed original suit no.45 of 1993 for permanent alimony and return of the dowry articles. during pendency of the said suit, conciliation failed. the relationship became strained due to filing of the criminal case ..... filed with an ulterior motive and she prayed for dismissal of the same. during pendency of the suit, the husband filed an application under section 26 of the act for custody of the child which was registered as misc. case no.56 of 1995. accordingly, both the applications were heard together. in support of their respective pleadings ..... the conduct of the wife amounts to desertion and cruelty towards the husband and the husband is entitled to the relief as claimed under section 13 of the act.9. law is well settled that in its essence desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other s consent .....
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