Court : Orissa
Reported in : 58(1984)CLT606; 1984(II)OLR1093
..... will get no relief according to sub-section (1) of section 456 although in an appeal against the order of acquittal under sub-section (4) of section 378, the high court convicts the accused, unless it acts as 'the court of appeal' for the purpose of sub-section (2) of section 456 of the code to order delivery of possession to the complainant. ..... interpretation of the expression 'the court of appeal' should be avoided so as to eschew injustice and serve the cause of justice and bring the high court within the sweep of sub-section (2) of section 456 to act as a court of appeal against an order of acquittal in order to clothe it with jurisdiction to direct delivery of possession in just and suitable cases. ..... c, all the respondents were released under section 3 of the probation of offenders act instead of being sentenced and the learned judicial magistrate did not pass an order under section 456 of the code of criminal procedure (referred to as the 'code') by delivering possession of the bari land ..... 453(2) and held that the appellate or revisional court acting under sec 456(2) will have jurisdiction or power to pass an orier for restoration of ..... two decisions there was any discussion regarding the power of the high court acting as the court of appeal under section 378 of the code. ..... in other words, unless the high court acts as 'the court of appeal' against an order of acquittal so as to order delivery of possession under sub-section (1) of section 456 in appropriate cases, injustice ..... 1948 .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT194; 2002(II)OLR192
..... are that on 19.9.2001, the district magistrate, balasore after being satisfied that the detention of the petitioner was necessary to prevent him from acting in any manner prejudicial to the maintenance of public order, passed the impugned order of detention under subsection (2) of section 3 of the national security act, 1980 (for short, 'the act'). ..... advocate, submitted that the representation dated 7.10.2001 of the petitioner against the order of detention was addressed to the chairman and members of the advisory board constituted under the act and for this reason, the collector sent the representation to the advisory board and only after consideration of the representation of the petitioner by the advisory board that the ..... constitution does not mention the authority to whom the detenu can make a representation against the order of detention, section 8 of the act provides that the authority making the order of detention shall afford the person detained the earliest opportunity of making a representation against the order ..... right to have the representation considered by the government under article 22(5) of the constitution read with section 8 of the act is independent of consideration of the detenu's case and his representation by the advisory board and the government is under an obligation under article 22(5) of the constitution read with section 8 of the act to consider the representation of the petitioner as soon as may be and at the earliest opportunity against the order of .....
Tag this Judgment!Court : Orissa
Reported in : 1996(II)OLR275
..... ) where the detention order under the national security act was considered and on fact of case it could not be said that there was delay in issuing detention order nor the detaining authority proceeded contrary to law. ..... it was observed in the said case that in the case of a person detained by an order under section 3(1)(a)(ii) of the preventive detention act, 1950, communication of the grounds of detention in english, so long as it continues to be the official language of the state, is not necessarily enough compliance with the requirements of article 22(5) of the constitution. ..... the entire scheme of the national security act has got to be appreciated.16. ..... there is inordinate delay of eighteen days which is obviously fatal to sustain the order of continued detention.thirdly, it is argued that the communication made by the state government to the central government as envisaged under section 14 of the national security act remains in cold storage. ..... there the scope of section 14(1) and section 3(5) of the national security act was considered. ..... prusty, however, has submitted that the communication made by the state government to the central government within seven days in terms of section 14 of the act remains unattended and there is no response from the central government till date.9. 'mr, a. b. ..... it is stated that one subash chandra gochhayat has been detained under section 3(2) of the national security act. .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT461; 1999CriLJ4269
..... pursuant to our direction, entire file was produced, grounds of detention reveal that several acts committed by the detenu are gruesome and are of such nature as were prejudicial to the maintenance of ..... padma sahu, mother of raju alias raj kishore sahu hereinafter referred to as 'detenu') has questioned the order of detention dated 26-11-1998 passed by the district magistrate, puri in purported exercise of power under section 3(2) of the national security act, 1980 (in short, the 'act').2. ..... on 'public order' and 'law and order' depends upon the nature of the act, the place where it is committed and motive force behind it. ..... 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 ..... necessarily, much depends upon the nature of the act, the place where it is committed and the sinister significance attached ..... but where the gravity of the act is otherwise likely to endanger the public tranquillity, it may fall within the orbit of the ..... in fact, order under section 12(1) of the act has been passed on 16-1-1999, with due intimation to ..... ghastly acts described in the grounds of detention leave no manner of doubt that public peace and tranquillity was affected by heinous acts of the detenu and the detaining authority was justified in ..... if the act is confined to an individual without directly or indirectly affecting the tempo of the life of the community, it may be a matter of law and .....
Tag this Judgment!Court : Orissa
Reported in : 2000CriLJ3591
..... the accused had misappropriated a sum of rs.42,800/- or converted the same for his own use and the prosecution has been able to establish the charges under section 5(2) read with section 5(1)(c) of the prevention of corruption act, 1947 and sections 409 and 477a, ipc against the accused beyond all reasonable doubt and the plea of defence that the accused has been falsely implicated in this case could not be accepted ..... in the names of debendra and bhupendra, sons of p.w.4 and he paid rs.15,000/- to the accused, who was working as sub-post master for purchase of the three national savings certificates in the names of three sons of p.w.4 and the accused after receiving the money had given three n.s.cs. ..... the further finding is that the accused had received a sum of rs.20,000/ - towards sale proceeds of four national savings certificates during the relevant period, but did not account for the said amount. ..... rampur sub-post office in the district of bolangir, had received a sum of rs.15,000/- and issued three national savings certificates of 7th issue worth rs.15,000/-, but could not account for the sale proceeds thereof and thus had misappropriated the said amount, inasmuch as the accused had received a sum of rs.7,800/-and ..... barik had stated that at the instance of one kausik pradhan, a postal agent, he had purchased a national savings certificate for rs.5,000/-on 21-2-1986 and an amount of rs.5,000/- was deposited in s. .....
Tag this Judgment!Court : Orissa
Reported in : 82(1996)CLT641; 1997CriLJ2589
..... receipt of the report of the advisory board, the detention order was confirmed under section 12(1) of the act, and direction was given that the detenu-petitioner shall be detained for twelve months vide order dated ..... has been filed by ramesh dalai (hereinafter referred to as 'the detenu') against the order of detention passed by the district magistrate, cuttack on 19-9-1995 in exercise of power conferred under sub-section (2) of section 3 of the national secutiry act, 1980 (in short, 'the act'). ..... length, magnitude and intensity of the terror wave unleashed by a particular emotion of disorder that helps us distinguish it as an act affecting 'public order' from that concerning 'law and order'. ..... within twelve days as required under section 3(4) of the act, and it was duly communicated to the district magistrate, cuttack by message ..... the busy national highway no. ..... the busy jagatpur square on national highway no. ..... it is the potentiality of the act to disturb the even tempo of life of the community which makes it prejudicial to the maintenance of ..... the areas of 'law and order' and 'public order' is one of degree and extent of the reach of the act in question on society. ..... of the defence was referred to the advisory board constituted under section 10 of the act on 29-9-1995, i.e. ..... the records that while approving the order of detention on 29-9-1995, the said order alone with the grounds of detention was sent to the central government as required under sub-section (5) of section 3 of the act.4. .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ380
..... state of orissa, representated by its secretary to government, home department, (1997) 13 orissa cri r 286 which was a case under the national security act, 1980, a division bench of this court following the aforesaid decision of the supreme court in suit. ..... the district magistrate, ganjam passed an order dated 31-12-2001 under section 3(2) of the national security act, 1980 (in short, 'the act') detaining him in custody with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. ..... ganjam that his case has been referred to the advisory board under the act by the government in the home department and if he wished, he may make a representation to the advisory board through the superintendent of circle, jail, berhampur. ..... the period of inaction is without justifiable reason, thereby infringing requirement of acting with utmost expedition.'6. ..... in similar facts where the representation was addressed to the advisory board and not to the central government against an order of detention passed under the prevention of illicit traffic in narcotic drugs and psychotropic substances act. ..... the advisory board submitted its report dated 30-1-2002 and the state government confirmed the order of detention on 5-2-2002 under section 12(1) of the act. ..... the government of orissa in the home department approved the order of detention under sub-section (4) of section 3 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori1
..... the case, while sri das had not the intention of influencing the trial of the case in any manner whatsoever, it was after all a careless act on his part to have transmitted the letter to the sub-divisional magistrate with the endorsement 'show this to s. d. m. ..... but in spite of our repeated warnings and directions, if such an act comes to our notice which has a definite tendency of interfering with the fair trial, we are definitely of the view that if we do not take any serious notice of such an act we would be failing in our duties if we do not maintain an atmosphere of complete assurance to the public of the state of a fully unbiased and fair trial of the case free ..... the cognisance had not till then been taken of the case & this letter is very likely to influence the sub-divisional magistrate in taking cognisance of the case, which act is a judicial act, and, as appears from the provisions of section 204, criminal p. c. ..... if a person making a publication, or responsible for the act, which is likely to interfere with the fair trial of the case, is aware that a proceeding is imminent, then the offence is complete and it is not ..... on 28-4-1952, the criminal case against nathmal jajodia and sitaram jajodia under section 7 of act 24 of 1946 was transferred to the file of sri c. v. ..... the act of sri patnaik, who was' in charge of the current duties of the sub divisional magistrate on 28-4-1952, in transmitting this letter to the trying magistrate, while he was on that very day transferring .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori4
..... the question whether the petitioner was or was not disqualified under clause (xi) of sub-sec, (1) of section 16 of the act was referred to the state government under section 15 of the act and as the decision of the government has been made final by the said provision, the tribunal had no jurisdiction to decide ..... under section 25 of the code of criminal procedure, 1973 can be said to be a government servant is the question which arises for consideration in this petition, in the context of section 16 of the orissa municipal act, 1950 (hereafter referred to as 'the act'), which provides for disqualification of candidates for election as a councillor of a municipal council.2. ..... ' that was a case under the representation of the people act, 1950 and the above quoted observations have been made by the supreme court while interpreting ..... for instance, if a national legal services authority funded largely by the state comes into being, a large segment of the legal profession may be employed part-time in the enabling occupation ..... a full-fledged inquiry not only in respect of disqualifications mentioned in sections 15, 16 and 29 of the act but also on other grounds mentioned in clauses (a) and (b) of section 18. ..... though it is not otherwise necessary to refer to section 17 of the act as the question of the subsequent disqualification of a councillor does not arise in this petition, reference to that section and also to section 38, in our opinion, is useful for understanding the legislative scheme .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori92; 23(1957)CLT37; 1957CriLJ526
..... emperor, air 1948 all. .....
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