Court : Orissa
Reported in : 62(1986)CLT307; 1986(II)OLR333
..... reasons to be recorded in writing, impose a sentence of imprisonment of less than one year.it was not disputed that section 18 of the act came into force in the state of orissa on 1-4-4947 as notified in the orissa gazette dated 18-10-1948, part iii, page 225 except section 10(a)(iii) which came into force on 1-10-1948 which was also notified in the orissa gazette (for this information reference may be made to the note below section 18 at page 21 of ..... charges were framed against the respondent as follows :1) for contravention of section 18(c) punishable under section 27(a)(ii) of the act.2) for contravention of section 18(a) punishable under section 27(b) of the act.3) for contravention of section 18(a)(vi) punishable under section 28 of the act.the respondent pleaded riot guilty to the charges and denied that he had stocked the drugs.4 the learned judicial magistrate in the impugned judgment dealt with only the first two ..... analysis, on reappraisal of the prosecution evidence, the first charge for contravention of section 18(c) punishable under section 27(a)(ii) of the act has been established against the respondent beyond reasonable doubt. ..... applicability of the provisions of the act the medicines seized from the clinic of the respondent must be drugs within the definition of section 3(b) of the act which is quoted below for easy ..... of acquittal for the charge under section 27(a)(ii) for contravention of section 18(c) of the act cannot be supported and must have to be reversed.18. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ4095
..... the scope of section 197 and observing that the decisions on that section were not uniform, proceeded to group them under three categories -- those which had held that sanction was necessary when the act complained of attached to the official character of the person doing it, those which had held that it was necessary in all cases in which the official character of the person gave him an opportunity for the commission of ..... , a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. ..... the hon'ble judge agreed and asserted the first of the three views.in air 1948 pc 128 : 49 cri lj 503, lord simonds approving the view of varadachariar, ..... such a test to the present case, it seems, clear that gill could not justify the acts in respect of which he was charged as acts done by him by virtue of the office that he held. ..... a public servant can only be said to act or to purport to act in the charge of his official duty, if his act is such as to lie within the scope of his official ..... the king, air (35) 1948 privy council 128 : 49 cri lj 503.in air 1939 fc 43 :40 cri lj 468, the question for consideration was as to the necessity of sanction under section 270 of the government of india act, 1935 which is similar to section 197(1), cr. p.c .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori1; 1958CriLJ59
..... he had also agreed to their being inspected from time to time by public officials and also to produce them for inspection whenever required.he was acting merely as the agent of the government in the maintenance of these records and in a sense he was a mere custodian of the records on ..... register cast on the petitioner by the orissa food-grains control order, 1951 and the licence issued thereunder, he by acting as the agent of the government had undertaken to maintain this register in accordance with the directions that may be issued from time to time by a public officer.the register deals with the purchase, ..... following the well-known rule that any act of an agent within the scope of the agency will be deemed to be the act of the principal the said register also may be held to be a register of the government though actually written and maintained ..... compulsion to disclose the books existed generically and prior to the criminal act but is independent of it, and cannot be attributed to it.' 11 ..... that- 'records may be public records regardless of whether a statute requires them to be kept 1c they are kept in the discharge of a public duty either by a public officer or 'by persons acting under his direction'. ..... ) 328 us 582 (p); and (1948) 335 us 1 (c).10. ..... states, (1948) 335 ..... ledgers, inventory records and other papers relating to sales maintained by a wholesaler of fruit and produce were also public papers inasmuch as they were required to be maintained under the emergency price control act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori88
..... 580 of 1948 and the learned sessions judge held that that the act of the accused in boarding the train at cuttack with the bundle of handloom cloth did not amount to an attempt to commit an of. ..... the accused was therefore charged with having committed an offence in having contravened this notification and was therefore punishable under section 7 of act xxiv of 1946. p. w. ..... the respondent hari baisakh was charged with an offence under sections 7/17 of act xxiv [24] of 1946. ..... the government have filed this appeal against the order of acquittal passed by the sessions judge on 18th november 1948. ..... of having attempted to remove 42 lbs of handloom cloth beyond the limits of the orisaa province on 7th august 1948. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori174; 1961CriLJ658
..... he also obtained a pakistani passport and in his application for b visa he described himself as a pakistan national and wanted permission to visit india for a period of one year, to see his parents.by virtue of article 7 of the constitution he clearly lost his indian citizenship when he stayed in pakisthan ..... :'i have finally decided to live here, in india permanently and i have relinquished my pakistani citizenship and nationality; and i desire to acquire domicile citizenship and nationality of the indian republic to which i owe allegiance. ..... (ii) as a dispute was raised regarding the nationality of the petitioner the matter should have been referred to the government of india for their decision under rule 30 of the citizenship rules 1956 and that the magistrate had no jurisdiction to proceed ..... by a person who claims to be an indian national and finds that his status is disputed by the indian authorities.it is unnecessary for me here to say whether i accept ..... petitioner's intention to reside in pakistan permanently must be gathered from his own conduct in securing a job as clerk in the general post office at dacca, in obtaining a pakistani pass-port and in declaring himself as pakistani national in his application for a b visa. ..... you are hereby directed to leave india within a period of one month from the date of receipt of this notice, failing which you will be liable for prosecution and deportation under the foreigners act 1946 and foreigners order 1948.yours faithfully, sd. b. k. .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ1143; 2004(I)OLR164
..... 6183/c dated 18-12-2002 to exercise the powers conferred by sub-section (2) of section 3 of the national security act, 1980;whereas i am satisfied that with a view to preventing surjya polei alias surjya narayan polei aged 27 years, s/o somanath polei of village pakalapalli, p.s. ..... is enclosed.you are hereby informed that you are at liberty to represent your case against the order of detention to the state government/central government/advisory board duly constituted by the state government under section 8 of national security act, 1980 and also to claim personal appearance before the said board.'5. ..... by this habeas corpus petition under article 226 of the constitution of india, the petitioner has prayed for quashing the order of detention dated 12-2-2003 issued by the district magistrate, ganjam under the provisions of the national security act, 1980 so as to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order.2. ..... the said order of detention under section 3(2) of the national security act was served upon the petitioner while he was in judicial custody in connection with aforesaid two police cases. ..... the order of detention as issued by the district magistrate under the provisions of sub-section (2) of section 3 of the national security act reads as under :'orderwhereas i, shri sanjeeb kumar mishra, i.a.s. .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT571; 2002CriLJ2327; 2002(I)OLR309
..... to have been granted by the tahsildar, angul dated 10.3.1973 showing that he belonged to 'kharwar' caste which was in the list of scheduled tribes as contained in the scheduled castes and scheduled tribes order, 1956 subsequently amended by act 108 of 1976, so as to make himself eligible to appear at the test for one of the said posts. ..... this appeal against acquittal preferred by the state under section 378 of the code of criminal procedure, 1973 (act 2 of 1974) (hereinafter referred to as the 'crpc') is directed against the judgment dated 26.8.1989 in criminal appeal no. ..... school maintained for the period from 1.4.1948 to 2.4.1953. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(II)OLR228
..... one krutibasa who was the karta was residing in the village from 1930 to 1962 and some times in 1948 he occupied 'a' schedule land measuring about 8 acres which is the southern portion of the suit lands adjoining the inam lands of the village. ..... even after abolition of the sanakhemundi estate in 1953 said krutibasa continued to possess these areas but as his possession was treated to be unauthorised encroachment proceeding under the provisions of the orissa prevention of land encroachment act had been initiated. .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ1017; 1995(II)OLR162
..... no law is an end itself and the curtailment of liberty for reasons of state's security and national economic discipline as a necessary evil has to be administered under strict constitutional restrictions. ..... in exercise of powers conferred by sub-section (2) of section 3 of the national security act. ..... preventive detention being necessary to prevent the detenu from acting in any manner prejudicial to the security of the state or to the maintenance of public order etc. ..... it is a general rule, which has always been acted upon by the courts of england, that if any person procures the imprisonment of another he must take care to do so by steps, all of which are entirely regular, and that if he fails to follow every step in the process with extreme ..... 1980 (in short'the act')'with a view to prevent kunumunia alias sisir mohanty (hereinafter referred to as 'detenu') from acting in any manner prejudicial to the maintenance of public order. .....
Tag this Judgment!Court : Orissa
Reported in : 1998CriLJ889
..... questioning legality of the detention order passed by the district magistrate, sundargarh in purported exercise of power under section 3(2) of the national security act, 1980 (in short, 'the act') this habeas corpus application has been filed.2. ..... no law is an end itself and the curtailment of liberty for reasons of state's security and national economic discipline as a necessary evil has to be administered under strict constitutional restrictions. ..... it is a general rule, which has always been acted upon by the courts of england, that if any person procures the imprisonment of another he must take care to do so by steps, all of which are entirely regular, and that if he fails to follow every step in the process with extreme ..... ' the impact of a single act on even tempo of life is also sufficient to warrant an order of detention. ..... seventeen instances have been highlighted to describe the diabolic acts of the detenu. ..... act, you, openly asked your followers in the presence of the police to stop plying of buses, trekkers etc. .....
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