Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 18 power of election commission to maintain delimitation orders up to date Court: orissa

Ashok Kumar Moharana Vs. State

Court : Orissa

Reported in : 1994(I)OLR525

..... the full bench of the himachal pradesh high court in state of himachal pradesh v. ..... 'the himachal pradesh high court has also taken the same view as ours as regards the effect of sub-section (10) of section 360.11. ..... a provision casting an obligation to record reasons for not giving benefit of section 360 or provisions of the act, as the case may be, cannot be construed as a provision conferring a discretion on the court either to apply section 360 or the provisions of the act, it is also not correct to conclude that in absence of any specific provision, by implication it can be held that it was the intention of the legislature that the provisions of the act and also section 360 of the code are to co-exist in the same area. ..... in his order he has referred to the fact that in a large number of cases this court has applied sections 360 and 361 of the code. ..... under the old code of criminal procedure power was conferred upon the court to release certain convicted offenders after admonition or on probation of good conduct instead of sentencing them at once to any punishment. ..... therefore, an option has been given to the state governments to apply or not to apply the provisions of the act to the areas falling within their territory presumably keeping in view their respective law and order situation. .....

Sarat Kumar Malu Vs. State of Orissa

Court : Orissa

Reported in : 57(1984)CLT381; 1984CriLJ984

..... state of himachal pradesh air 1975 him pra 40. ..... an identical question was also considered by the himachal pradesh high court in the case of amar nath v. ..... in view of the special provisions in the essential commodities act, namely, section 6a, it was held in that case;-in view of section 6a i am of the opinion that the judicial magistrate, meerut, before whom the report of the station officer dated 17th june, 1974, was placed for obtaining orders was not the proper authority vested with jurisdiction to pass orders in respect thereto. ..... c.that apart, the vehicle in question in the present case has not been produced before any magistrate, and, therefore, in terms, (sic) section 452 of the code deals with the power of the magistrate to dispose of the property at the conclusion of trial and, therefore, that stage has also not reached in this case. ..... admittedly, there is no provision in the act specifically excluding the jurisdiction of criminal court in relation to the property seized in connection with commission of any forest offence. ..... these provisions in the act are more or less a complete code by themselves dealing with the seizure of property used in the commission of a forest offence and the disposal of the same. ..... an analysis of the aforesaid provisions of the act would clearly show that the legislature has provided for all contingencies regarding disposal of the properties seized in connection with the commission of any forest offence. .....

M/S. Marine Diesel Service Vs. Bharat Petroleum Corporation Ltd. and O ...

Court : Orissa

..... by the hon ble supreme court in the case of badri prasad and others (supra) wherein the hon ble supreme court while dealing with the similar provision of section 4(2) of the rewa state companies act, 1935 held that 6 where an association is formed, in contravention of section 4(2) of the rewa state of companies act, 1935, it was contended that by reason of the illegality of the contract of partnership, the members of the partnership have no remedy against each other for ..... in the case of commissioner of income-tax, punjab, himachal pradesh, jammu and kashmir and simla paragraph-24 would be relevant which is extracted hereunder: (supra), 7 (24) a further question which arises on the particular facts of this case is whether the rupar firm can be ..... in the case of v.v.ruia (supra), the bombay high court had analysed section 11 (2) of the companies act, 1956 and had noted that in order to attract the prohibition contained in sub-section (2) of section 11, four following conditions needed to be fulfilled: (i) it must be a company, association or partnership consisting ..... interim order dated ..... petitioner s tender by the opposite party-corporation on the ground 8 of violation of section 11(2) of the companies act, 1956 is in order and justifies no interference.11. ..... opposite party-corporation rejected the bid of the petitioner-firm and communicated the grounds to them by letter dated 19.7.2013 amongst other grounds which is quoted hereunder: however, the law prohibits a partnership firm with .....

Razak Rice and Oil Mills Vs. Bharat Narayan Patnaik, Food Inspector, B ...

Court : Orissa

Reported in : 1989CriLJ648

..... state of madhya pradesh 1983 faj 338 (madh pra) and state of himachal pradesh ..... the learned counsel for the petitioner challenges the validity of the order of conviction and sentence passed against the petitioner under section 16(1)(a)(i) of the act on certain legal grounds which are considered in the succeeding ..... summary trial the magistrate shall record only the substance of the evidence, hereas in a regular trial, he has to maintain a complete record of the evidence led before him. ..... counsel for the petitioner contended that as the reports of the analyst were not sent again to the petitioner subsequent to the date of institution of the prosecution on 22-12-79, on that score alone, the trial is vitiated.5. ..... argument of the learned counsel for the petitioner that the trial is vitiated because the analyst's report was not again sent to the petitioner subsequent to the date of taking of cognisance is without any substance.8. ..... 20, it is clear that the petitioner was directed to make an application, if he so likes, before the subdivisional judicial magistrate, berhampur, within a period of 10 days from the date of receipt of the analyst's report. ..... is preferred against the judgment of the first additional sessions judge, ganjam, berhampur dated 25-2-1984, in criminal appeal no. ..... the present case it can be safely held that the petitioner was in no way prejudiced in the conduct of his defence, when he received the analyst's report about three days prior to the date of taking of cognizance. .....

Mrs.N.Ratnakumari Vs. State of Odisha and Others

Court : Orissa

..... section 1(3) of 1994 toho act states that such act shall come into force in the states of goa, himanchal pradesh and maharastra and in all the union territories on such date as the central government may, by notification, appoint and in any other state which adopts this act under clause (1) of article 252 of the constitution, on the ..... informant in this case or any other person interested to prosecute an accused under 1994 toho act, after giving notice of no.less than sixty days to the concerned appropriate authority regarding the commission of the alleged offence and also his intention to make a complaint to the ..... of the provisions of the 1994 toho act; (ii) mangalabag police officials are no.authorized to investigate a case relating to the breach of any provisions of 1994 toho act; (iii) only a complaint petition is maintainable and the complaint petition is to be made by the appropriate authority or any officers authorized 50 in that behalf either by the central government or the state government or by the appropriate ..... order from a magistrate and even without a warrant in the situations enumerated in that section but he is no.expected to act in a mechanical manner and in all cases to arrest the accused as soon as the report is lodged even if the allegation against the accused is that he has committed a cognizable offence, the power has to be exercised with caution and circumspection keeping in view the direction of the hon ble supreme court in case of d.k. basu v- .....

State of Orissa and Dayanidhi Bisoi Vs. Dayanidhi Bisoi and State of O ...

Court : Orissa

Reported in : 94(2002)CLT642; 2003CriLJ123; 2002(II)OLR495

..... state of madhya pradesh, 1995(3) scc 574, their lordships besides section 27 of the indian evidence act, drew presumption under section 114, illustration(a) and section 106 of the evidence ..... would be warranted if the murder is diabolically' conceived and cruelly 'executed', 'having regard to the weapons used and the manner of their use, the horrendons features of the crime and helpless state of the victim and the like, which steel the heart of the law for a sterner sentence' and also where murder has been committed after previous planning and involves extreme brutality ..... regarding recovery of knife (m.o.viii) from a bamboo bush on information of the accused as unacceptable, particularly when the bamboo bush is accessible to all.on this point, we would like to rely on (1999) 16 ocr (sc) 575, (state of himachal pradesh v ..... . the learned counsel for the condemned person has urged that no such motive for commission of the crime having been established beyond all reasonable doubt, prosecution case cannot be ..... .-state of orissa) on the subject .we quote the law thus :'*** *** *** *** it is well settled that the circumstantial evidence in order to sustain the conviction must satisfy three conditions : (i) the circumstances from which an inference of guilt is sought to be drawn must be congently and firmly established; (ii) those circumstances should be of a definite tendency unerringly ..... air 1970 sc 648, state of andhra pradesh ..... the accused had gone to him 8 to 10 days prior to the date of occurrence .....

Biswanath Nanda Vs. Madhu Sethi

Court : Orissa

Reported in : 71(1991)CLT479; 1991(I)OLR126

..... state of himachal pradesh and others). ..... conte- mporaneous conduct, surrounding circumstances and the connected mate- rials would determine the question of applicability of section 92 if a party pleads that a document was not intended to be acted upon, he has to substantiate the same, and the court on consideration of the materials placed before it has to give a finding whether the plea is acceptable. ..... this is however, subject to exception that if language employed is ambiguous, or admits of a variety of meanings, 6th proviso to the section can be invoked which permits tendering of extrinsic evidence as to the acts, conduct and surrounding circumstances to enable the court to asc rtain the real intention of the parties, in such a case, such oral evidence may guide the court in unravelling the true intention of the parties. ..... this, according to them, was a question of approbation and reprobation, and where alternative prayers are made and one of the reliefs is granted, appeal is not maintainable against the unallowed reliefs. ..... 1500/- under a registered sale deed dated 21-7-1965, and delivered possession of both the suit house and paddy lands to the plaintiff after sale. ..... , (b) whether the plaintiff was entitled to recover possession of the suit land and (c) whether the sale-deed dated 21-7-1965 was a fraudulent one ?. ..... to the plaintiff towards refund of consideration money of the suit house together with future interest at the rate of 6% per annum till the date of realisation.6. .....

Bhupendra Kumar Bose Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1960Ori46

..... mandamus directing the state of himachal pradesh to forbear from giving effect to or acting in any manner on the basis of himachal pradesh act no. ..... any order of a court declaring the election to the cuttack municipality invalid on account of the fact that the electoral rolls were invalid on the ground specified in sub-section (2) of section 3 or on the ground that the date of polling of the election was not fixed in accordance with the act or the rules made thereunder, shall be deemed to be and always to have been of no legal effect, whatsoever, and the elections to the said municipality ..... 545 their lordships of the supreme court, in the first instance, pronounced sub-section (4) of section 5 of the taxation on income (investigation commission; act, 1947 to be violative of article 14 and as such void, but left open the question as to whether sub-section (1) of that section or sub-section (5) of section 6 of that act offended the constitutional provisions. ..... of law, that where a contravention of the election rules took place, the burden will be on the party maintaining the validity of the elections, to show affirmatively that the elections were not materially affected by such contravention. ..... 72 of 1958 (orissa), on 11-12-58, such a provision became absolutely necessary because all actions taken and powers exercised under the municipal act from march 1958 till 11-12-1958 by the chairman, vice-chairman and councillors became invalid and unless validated, great injustice would .....

Parikhita Behera and anr. Vs. the Divisional Railway Manager, South Ea ...

Court : Orissa

Reported in : 1998ACJ1019; 83(1997)CLT781; 1997(II)OLR69

..... state of himachal pradesh and ..... himachal pradesh state electricity board and ors. ..... in a recent judgment delivered by the himachal pradesh high court in the case of kumari seema alias seema ..... 1989 himachal pradesh 5 ..... 1994 himachal pradesh 139, the writ court granted the reliefs to the petitioners claiming damages for injuries arising out of negligence of electricity ..... the death of the deceased occurred due to the negligence on the part of the respondents in not maintaining the electric poles efficiently and the deceased being the only son of the petitioners there was directions to pay compensation as a palliative ..... the concept is very clear that the writ court is not debarred from awarding reasonable sum by way of compensation if there is a deliberate act of negligence on the part of the statutory authority and/or to help in protecting, preserving and enforcing the fundamental right to life and necessary directions are ..... railway authorities should take such steps to release the amount within a period of six weeks from the date of communication of the order and appropriate writ be issued accordingly. ..... deceased was a trespasser into the railway track and not a bona fide passenger purchasing ticket and as such question of application of section 124 of the railways act, 1989 would not apply. ..... right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. .....

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... state of himachal pradesh) the supreme court held while interpreting rule 15(5) of the central civil services (classification, control and appeal) rules, 1965 :'in fact, justice and fairplay demand that where in a disciplinary ..... that case certain questions had arisen regarding validity of clause'(c) of sub-rule (1) of rule 15 of order xxi of the supreme court rules empowering the supreme , court to dismiss appeals summarily as ultra vires the supreme court (enlargement of criminal appellate jurisdiction) act 1970 the power of the supreme court to frame rule under art. ..... of an accused involved in the commission of an offence under the ndps act is considered for being released on bail, and the legislative intent engrafted in section 37 of the said act is brought into the focus, i have no doubt in my mind that the accused will not be entitled to be released on bail unless the conditions prescribed in section 37 are fulfilled and further the court will not be justified in invoking its power under section 432 by entering into an enquiry ..... 226(1) and 32(1), the applications under those provisions were not maintainable ; yet decided that there may still be open to the citizens to challenge the legality ..... that all considerations which apply in law to the question of enlargement on bail under the proviso to section 167(2) of the code become applicable to a person forwarded under the act to the magistrate after expiry of fifteen days or seven days from the date of remand, as the case may be.4. .....