Court : Orissa
Reported in : AIR1953Ori185
..... which were meant to prevent such mala fide action, i.e., orissa ordinance no. 5 of 1946 (orissa preservation of private forests ordinance) and orissa act 1 of 1948 (the orissa communal forests and private lands (prohibition of alienation) act, 1948) etc. the realcomplaint, if any, in this matter, is not so much that assets as on ..... assets roughly speaking, are the aggregate of all the rents including cesses payable by the raiyats, and by the immediately subordinate intermediaries as also the income from fisheries, trees, jalkars, ferries, hats and bazars or of any other interests appertaining to the estate, plus the income from forests on the basis of appraisement made by the ..... of the provincial government, or of an officer authorised, by it in this behalf, or to cut trees therefrom or to do other acts diminishing its utility as a forest. similar provision has been made by section 3 of orissa act, 1 of 1948, restraining alienation of any kind, or conversion into rai-yati land, or creation .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori35; [1965(10)FLR313]
..... of proper standard of cleanliness and purity in the offerings made therein, as required under section 15(4) of the shri jagannath temple act 11 of 1955 quoted above, is for preserving spiritual atmosphere of the temple and for providing facilities to the pilgrims to have peaceful darshan of the deity. the primary object is spiritual ..... provide facilities for the proper performance of worship by the pilgrims: (3) to ensure the safe custody of the funds, valuable securities and jewelleries and for the preservation and management of the properties vested in the temple: (4) to ensure maintenance of order, discipline and proper hygienic conditions in the temple and of proper standard ..... and in whichever name and form the deity might be invoked, he is to the devotees the supreme god to whom all the functions of creation, preservation and destruction are attributed. in worshipping the image therefore the hindu purports to worship the supreme deity and none else. goutama mentions a temple of god in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori171; 1970CriLJ1254
..... is the final decision of the court intimated to the parties and to the world at large by formal 'pronouncement' or 'delivery' in open court. it is a judicial act which must be performed in a judicial way.'in order to constitute a judgment, therefore, the decision of the criminal court must be final. , the order of discharge ..... that order.these contentions require careful consideration.3. to appreciate the contentions of the parties, it is necessary to quote the relevant provisions of sections 3 and 7 of the act,'section 3-- power to control production, supply, distribution, etc., of essential commodities: (1) if the central government is of opinion that it is necessary or expedient so ..... 1) that the prosecution of the opposite party is for contravention of the order made with reference to clause (i) of subsection (2) of section 3 of the act, thepenalty for which is imprisonment for a term which extends to one year and as such it is a summons case, and an order of discharge passed against an .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori63; 42(1976)CLT907
..... and signed. the revision application was filed in this courton 18-8-1975 and as it was barred by limitation on an application made under section 5 of the limitation act, the delayhas been condoned. section 115 of thecode of civil procedure provides:--'the high court may call for the record of any case which has been decidedby any court subordinate .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori19; 1977CriLJ2053
..... examination.no explanation has also been furnished as to why the visceras of lakshmi and prafulla have not been sent for chemical examination. though vomiting material had been preserved according to p. w. 10, the same does not seem to have been subjected to examination.(iv) the prosecution case suffers from a high degree of ..... what purports to be the confessional statement, cannot be treated as a validly recorded confession under section 164 which could be brought in under section 26, evidence act and that it must, therefore, be disregarded.the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record ..... 1018) (orissa) where mohanti. j. spoke for the bench examined the self-same question with re-ference to the provisions of section 29 of the evidence act. therein the contention was that the magistrate before recording the confession had not specifically warned the accused that any confession made by him might be used as evidence .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori79; 48(1979)CLT333
..... conclusion, we are impressed by another argument advanced by the petitioner and opposite parties 2 and 3. section 66 of the act provides:--'(1) the president of a meeting, (hereinafter referred to as the president) shall preserve order and shall decide all points of order arising at or in connection with meetings. the decision of the president on ..... up to a sum of rs. 50,000 (rupees fifty thousand) only to its chairman in contravention of the provisions of section 69 of the orissa municipal act, 1950 (orissa act 23 of 1950) read with rules 23 and 24 of the orissa municipal rules, 1953;and whereas in pursuance to the provisions of sub-section (2) of ..... any point of order shall, save as is otherwise expressly provided in this act, be final'. the phrase 'point of order' has no definition and .....
Tag this Judgment!Court : Orissa
Reported in : 50(1980)CLT245; 1981CriLJ39
..... are of salutary nature. doubtless, some enquiry should be made by the magistrate before he exercises his power under section 117(3) and the facts requiring the magistrate to act in this direction should be of a definite character. in the present case, before the passing of the impugned order the order under section 112 had already been served on ..... view of the facts that the apprehension of breach of the peace and disturbance of public tranquility took place in this case as far back as august, 1976 and overt acts were committed in july, 1977, and the operation of the impugned order has been stayed since august, 1977 and nothing is known about the now existing situation in ..... p.s. i am satisfied that there is grave and imminent breach of the peace and may result in clash and ploting (rioting?) among the parties by such overt acts and circulation of the said leaflet unless the second party members are ordered to execute the interim bond. as such i order the second party members to execute the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori199; 50(1980)CLT393
..... of drums and by reading out the copy of the notices at three places of village and by hanging the copy on the banian tree at hat area, which is the conspicuous place of the locality, the peon had served the notice in the locality.' 4. on ..... suit land is situated by beat of drums and at the hat place and hung the copy of the notice on the banian tree standing thereon. the evidence of these two p.ws. namely 9 and 10 supporting the peon's version is sufficient to hold ..... of placards at the time of directing issue of notice would actually be requiring him to perform an impossibility. the collector under the act is a revenue officer having large areas within his jurisdiction. with the wide definition of 'estate', large many intermediary interests have been ..... the village by beat of drum and by hanging a copy of the notice on a banian tree at the local hat.' the proviso to section 8-a (2) of the abolition act which reads thus was then referred to - 'provided that the collector shall, as soon as .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori221; 54(1982)CLT265
..... in the h. s. c. examination of 1971. he has stated that the form is not available in the office as the same has been destroyed after being preserved for one year. he was unable to say whether annexure 1 (particulars of candidate) to the election petition (marked x for identification) was issued from his office ..... the health officer is granting certificates regarding births and deaths since 1969. in cross-examination he has stated that under section 344 of the bihar and orissa municipal act, 1922, the register of births and deaths is being maintained by cuttack municipality. he could not say when the cuttack municipality by resolution decided to maintain such ..... h. s. c. examinations of the students and regularly maintains the details of the candidates and marks obtained by them. it functions under the board of secondary education act and the regulations made thereunder. so the objection on behalf of respondent no. 3 cannot be accepted. 8a. on behalf of respondent no. 3, the district election .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori166; 65(1988)CLT440
..... the lands, after taking into consideration their productivity, location, availability of irrigation facilities and other relevant factors, if any, and houses, structures, trees, wells and other improvements existing on such land and to determine the shares of individual land-owners in joint holdings for the purpose of ..... prevention of fragmentation and chapter vi contains miscellaneous provisions including revision (section 36), power of civil court to be exercised by authorities under the act (section 44), jurisdiction of courts (section 47) and bar of jurisdiction of civil courts (section 51). the definition of some terms relevant ..... holdings. this willhelp in ' farming and application ofimproved implements and methods of farmingwhich are very necessary for development ofagriculture and increased agriculturalproduction.' the act contains sixty sections in all, divided into six chapters, chapter i deals with preliminary provisions including definition of different terms in section 2, .....
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