Court : Orissa
Reported in : 40(1974)CLT577; 1974CriLJ1120
..... distance of three miles, none of the complainant's villagers or any other person of the locality opposed, obstructed or said anything to the accused persons as stated by the prosecution witnesses.7. apart from the above considerations, there are discrepancies and other unsatisfactory features in the evidence of the prosecution witnesses which have been ..... which fact again militates against the truth of the prosecution case.6. the prosecution witnesses have stated that the removal of the grocery articles from inside the house of p.w. 1 by the accused persons went on for about an hour; those articles ..... the occurrence. it is worthwhile mentioning that d. w. 1 has testified to the fact that no such occurrence took place. moreover, though p.w. 1 states that he informed about the alleged occurrence to the sarpanch and thereafter reported the matter at the police station, neither the sarpanch nor the police took any action, .....
Tag this Judgment!Court : Orissa
Reported in : 39(1973)CLT253; 1973CriLJ1439
..... filed in support of the claims of the first party. the affidavits clearly show that madhusudan was in possession of the entire property. the learned magistrate has stated in his order that no claim was laid in the affidavits in respect of the properties claimed by the contesting opposite parties. this seems to be certainly ..... the entire property by madhusudan by filing a written statement. four affidavits were filed to support such claim and documents were also produced. some of these affidavit witnesses stated that they were in possession of portions as tenants under the recorded tenant. in looking for an affidavit by madhusudan, who as alleged, was in actual possession ..... narasimham, c. j., in the case of dass mohanto v. prahlad mohanto, ilr 1959 cut 1. at page 5 of the reporter, the learned chief justice stated-. the provision for local service of notice was made in section 145(3), criminal procedure code, with a view to guard against collusive proceedings so that any other person, apart .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT777
..... any post or property, he cannot be non-suited on the ground of his not having the locus standi.17. in trivedi himanshu ghanshyambhai v. ahmedbad municipal corporation and ors. : air2008sc148 , the hon'ble supreme court dismissed the writ petition challenging the selection of a person on the ground that the petitioner therein ..... supreme court in calcutta gas company (proprietary) ltd. v. state of west bengal and ors. : air1962sc1044 held as under:the article in terms does not describe the classes of persons entitled to apply thereunder; but it is implicit in ..... kshetriya gramin bank v. chand behari kapoor and ors. : air1998sc3104 ; utkal university v. dr. nrusingha charan sarangi and ors. : [1999]1scr19 ; laxminarayan r. bhattad and ors. v. state of maharashtra and anr. : [2003]3scr409 ; tamilnad mercantile bank shareholders welfare association (2) v. s.c. sekar and ors. : (2009)2scc784 ).8. a constitution bench of the .....
Tag this Judgment!Court : Orissa
Reported in : 37(1971)CLT643; 1971CriLJ1797
ORDERA. Misra, J.1. The petitioner has been convicted Under Section 420 IPC sentenced to undergo rigorous imprisonment for six months and to pav a fine of Rs. 2.000/-: in default, to undergo further rigorous imprisonment for three months. Out of the fine, if realised. Rs. 1,000/- has been ordered to be paid to the complainant-opposite party as compensation for the loss sustained by him.2. The case of the opposite party is that on 6-1-66 the petitioner approached him in the company of P.W. 2 and one False Haque and wanted an amount of Rs. '3,000/- in cash to meet certain urgent needs. He delivered to the op-oositv party a cheque for Rs. 3,000/-drawn on the United Commercial Bank in favour of the opposite party representing he has- an account there and received the amount in cash. On 22-1-...
Tag this Judgment!Court : Orissa
Reported in : (1975)ILLJ259Ori
..... board of management resolved directing opposite party no. l to collect an amount of rs. 36,000 by 10-10-1968 which was said to have been unauthorisedly given on credit by him. later, on 29-10-1968, the opposite party no. 1 was charge-sheeted under annexure 4 on several charges to which he offered his explanation substantially denying ..... admitted before the members of the board that he had not deposited in the treasury the sales tax dues on 13-11-1968 or at any time thereafter although he stated falsely so before the secretary of the society. the board resolved that the management had lost confidence on sri das decided that he should be discharged from employment with ..... that this application under articles 226 and 227 of the constitution has been filed.4. in the counter-affidavit filed by opposite party no. 1 it is inter alia stated that there is no error apparent on the face of the record and that there being no want of jurisdiction of the industrial tribunal in passing the a ward, .....
Tag this Judgment!Court : Orissa
Reported in : [1978]111ITR900(Orissa)
..... an affidavit of the assessee's brother, sri gopinath das;(v) information regarding purchase of land by the assessee's brother;(vi) the basis of calculation of agricultural income of the assessee and his brother; and(vii) a letter of the assessee to the then congress president regarding his assets.the income-tax officer averred in ..... his aforesaid report in the following way :'computation of escaped income for the assessment year 1958-59-income from undisclosed sources :(i) deposits -the deposits have been stated in detail in para. 3 above.the deposits in banks by cheque may be treated as monies belonging to the congress party, prajatantra prachar samity and other ..... the assessing officer when assessment was completed under section 23(3) of the indian income-tax act, 1922, namely :(i) the evidence of babubhai patel as stated above;(ii) the evidence of the tahsildars and other public officers regarding the extent of land of the assessee and his brother;(iii) dates of receipt of compensation .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT706
..... and 47 thereof also show that that writ petition was filed as a pil.29. learned counsel for the petitioner has relied on the decision in the case of the state financial corporation and anr. v. jagdamba oil mills and anr. reported in : [2002]1scr621 . this court fails to appreciate the relevance of the points decided in the said ..... judgment in w.p. (c) no. 6889 of 2004 was obtained by suppression of material facts inasmuch as rbi guidelines regarding corporate restructuring of one time settlement was suppressed. the other point which was stated is that in the previous petition the opposite parties are different in as much as in the present petition the reserve bank of ..... bank of india opposing the present pil. in paragraph 11 of the said affidavit it has been stated that as the iccl failed to pay its loan its account become npa in march, 1993. the opposite party no. 15 recalled its credit facilities in 1999 and invoked the guarantee of imfa. then pending submission of concrete proposal, iccl .....
Tag this Judgment!Court : Orissa
Reported in : 1975CriLJ1190
..... the parties and directed them to file their written statements, affidavits and documents in support of their respective cases. the learned magistrate did not, however, expressly state that a preliminary order was passed under section 145, criminal procedure code.the relevant portion of the order may be extracted:xx xx in view of the above facts as ..... a dispute likely to cause breach of the peace exists and the grounds of his being so satisfied. if, however, due to inadvertence the magistrate does not state the grounds for his satisfaction, the proceeding cannot be quashed as being without jurisdiction if it otherwise appears from the record that there were materials for the ..... order under section 145(1) was passed and not the date on which the order under section 144 was passed. instances in which magistrates, specially in this state, in the first instance draw up a proceeding under section 144 and then convert it into a regular proceeding under section 145 are numerous. there are doubtless .....
Tag this Judgment!Court : Orissa
Reported in : 1974CriLJ70
..... the contemner to find out the bona fides of his conduct the test applicable to an ordinary person cannot be applied.9. the contemner has also to his credit several convictions for contempt. the first case in which he was convicted for contempt of this court is reported in ilr (1971) cut 986 (bhimsen dixit v ..... cases in which the contemner is involved according to their own judgment.5. in the charges supplied to the contemner in this proceeding it had been categorically stated that each and every paragraph of the petition and its annexure contains scurrilous allegation's of scandalous nature attributing lack of impartiality, fairness and good faith to ..... contents of the said memorandum.4. the learned advocate-general has submitted that all the contents of the petition are objectionable and constitute contempt. for convenience only, states the learned advocate-general, in his petition he had referred to some portions thereof. it may be noted that along with the petition the contemner had added .....
Tag this Judgment!Court : Orissa
Reported in : (1972)IILLJ347Ori
..... the terms of the settlement and that 99.5 per cent workmen in the establishment bad received the bonus so paid. such payment was received unconditionally and without stating that they received the bonus without prejudice to the pending writ. dismissing the writ application his lordship held that after nearly 99.5 per cent, workmen in ..... however, taken up for conciliation. a notice under rule 18 of the bombay industrial disputes rules, 1957, was got displayed on the notice-board of the company stating that the dispute for bonus would be taken up for conciliation on a particular date. on the said date certain workmen and representative of the management appeared before the ..... will be wholly foreign to the industrial dispute which was referred to the tribunal. the petition for addition of parties was accordingly rejected.13. as has already been stated, the petitioner was registered as a trade union on 12-10-68, long before the industrial dispute was referred to the tribunal on 5-4-69. the .....
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