Court : Orissa
Reported in : 108(2009)CLT814; 2009(II)OLR785
..... granted generally to preserve or restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining, but since the granting of such an injunction to a party who fails or would fail to establish his right ..... the same was amended and extended on 31.8.2008 and was valid up to 31.9.2007. ..... however, if the case is clear and one which the court thinks ought to be decided at once, or if the act done is a simple and summary one which can be easily remedied, or if the defendant attempts to steal a march on the plaintiff, such as where, on receipt of notice that an injunction is about to be applied for, the defendant hurries on the work in ..... he further stated that if a licensee was dispossessed unlawfully by the license or before expiry of the licence period then the licence is entitled to recovery of possession, notwithstanding that the period of licence had expired long back during pendency of legal proceedings. ..... (2) it is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money.15. ..... such act caused irreparable damage to the petitioner and balance of convenience lay in his favour as he was dispossessed without effective service of notice. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR504
..... state of sikkim : air 2001 sc 2547, the supreme court has, inter alia, held as follows:the legislative mandate engrafted in sub-section (1) of section 197 debarring a court from taking cognizance of concerned in a case where the acts complained of are alleged to have been committed by a public servant in discharge of his official duty or purported to be in the discharge of his official duty and such public servant is not removable from office save by or with the sanction of ..... scope of exercise of power under article 226 of the constitution and section 482 of the code and the categories of cases where the high court may exercise its power under it relating to cognizable offences to prevent abuse of the process of any court or otherwise to secure the ends of justice were set out in some detail by the supreme court in state of haryana and ors. v. ch. ..... chandra jew : 2004 (i) olr (sc) 621 : 2004 air scw 1926, it was held that the expression 'any offence alleged to have been committed by public servant while acting or purporting to act in the discharge of his official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within the cope and range of his official duty. ..... in view of such allegations, this court by order dated 16.05.2008 directed the complainant to appear before the medical board to be constituted by the principal, ..... instance a public servant is not entitled to indulge in criminal activities. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR407
..... the intermediate storage depot for storage and transportation of iron ores, the petitioner applied for a licence under the provisions of orissa minerals (prevention of theft, smuggling and other unlawful activities) rules 1990 (since repealed). ..... has been enacted by the state government in exercise of power under section 23c of the mmdr act for prevention of theft, smuggling and illegal mining and to regulate the possession, storage, trading and transportation ..... reading of the aforesaid provision makes it clear that no fir can be registered by the police for any offence committed under section 21 of the mmdr act and the said provision does not contemplate investigation in a normal way by the police on the basis of an fir but only on the written complaint ..... learned counsel for the petitioner refers to section 21(4a) of the mmdr act read with rule 12 (2) of the orissa minerals (prevention of theft, smuggling and illegal mining and regulation of possession, storage and transportation) rules 2007 (for short '2007 rules'), which provides for confiscation of the seized property ..... 2008, under section 379 ipc and section 21 of the mmdr act, i am of the considered view that the said proceeding is not maintainable in view of the clear provisions contained in the mmdr act ..... 2008, under section 379 ipc and section 21 of the mines and minerals (development and regulation) act 1957 (for short mmdr act ..... 2008 under section 379 ipc and section 21 of the mines and minerals (development and regulation) act, .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR8
..... a writ of mandamus or a writ in the nature of mandamus or pass orders and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the government or a public authority, and in a proper case, in order to prevent injustice resulting to the concerned parties, the court may itself pass an order or give directions which the government or the public authority should have passed or given had it properly and lawfully exercised its discretion ..... into prior to the 30th day of november, 1947, in favour of any religious, charitable or educational institutions or of any hospital or of any local authority or co-operative society registered either under the madras co-operative societies act, vi of 1932 or the bihar and orissa co-operative societies act, vi of 1935, as the case may be, of any other public body or institution;(ii) any such transaction in respect of private land forest land entered into prior to the 30th day of november, 1947, in favour ..... therefore, in absence of a separate holding, opening of tenant's ledger in the name of the petitioner and realization of rent by the revenue inspector was unlawful. ..... by judgment dated 23.7.2008, a division bench of this court set aside the order passed by the hon'ble single judge and remitted the matter to hon'ble single judge to decide the case on merit after giving an opportunity of hearing to .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR161
..... interpretation of the provisions of section 299 of the code of criminal procedure, 1973 (for short 'the code'), section 33 of the indian evidence act, 1871 as also section 14(5) of the terrorist and disruptive activities (prevention) act, 1987 (for short 'the tada') is involved in this appeal which arises out of a common order dated 6th march, 2007 passed by the designated court (tada), ..... be a proceeding between the prosecutor and the accused within the meaning of this section.the right of an accused to watch the prosecution witnesses deposing before a court of law indisputably is a valuable right.the sixth amendment of the united states constitution explicitly provides therefor, which reads as under:in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district ..... earlier, since the law empowers the court to utilise such statements of persons whose statements were recorded in the absence of the accused as an exception to the normal principles embodied in section 33 of the evidence act, inasmuch as the accused has been denied the opportunity of cross- examining the witnesses, it is, therefore, necessary that the preconditions for utilising such statements in evidence during trial must be established and proved like any ..... magistrate did his duty and did not record the evidence under section 512 unlawfully. ..... state of punjab 2008 (9) scale 691 this court while dealing with a ..... india : (2008) 2 ..... : (2008) 4 scc .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3549; 2009(II)OLR81
..... the absence of any other incident after august, 2008 to show that the petitioner was still indulging in black-marketing of blue dyed kerosene, we have doubt about the genuineness of the subjective satisfaction of the district magistrate, bargarh when the impugned order of detention was passed to prevent the petitioner to defeat the provision of opds (control) order, 2002 or 2008 and from acting in any manner prejudicial to the maintenance of ..... in passing the order of detention and failure on the part of the detaining authority to show proximity between the activities and order of the detention, the nexus between the alleged prejudicial activities and detention was snapped, non-compliance of the mandatory provision as required under section 3(4) of the act has been reported to the central government within the time stipulated, delay in serving the detention order and of ..... interfered with the ground of delay and held as follows:the question whether the prejudicial activities of a person-necessitating to pass an order of detention is proximate to the time when the order is made or the live-link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each ..... however, when there is undue and long delay between the prejudicial activities and the passing of detention order, the court has to scrutinize whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3881; 2009(II)OLR135
..... suppressed the fact of refusal to accord sanction by the government and since the impugned order itself does not contain any reference to the requirement of sanction, as required under section 19(1) of the prevention of corruption act, 1988, silence establishes the complete non-application of judicial mind.in support of the contentions, learned counsel appearing for the petitioner relied upon the judgment of the hon'ble supreme court in the case ..... the aforesaid provision creates a complete bar on the power of the court to take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 of the prevention of corruption act without the previous sanction of the competent authority.further contention is that it is well settled that the prevention of corruption of act is a special statute and the said act had been enacted to consolidate and amend the law relating to the prevention of corruption and the matters connected therewith. ..... judge, vigilance, cuttack praying for issuance of summons to the petitioner for his prosecution in the aforesaid case as an co-accused.the learned special judge, vigilance vide impugned order dated 5.4.2008 allowed the aforesaid application by finding a prima facie case against the petitioner and accordingly directed issue of summons to the petitioner.5. ..... petitioner submitted that the impugned order was unlawful/illegal, since the learned special judge had lost sight of the requirement/mandate of section 19(1) of the prevention of corruption act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori176
..... disputed lands were situated, was brought within the fold of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972, hereinafter to be called as 'the consolidation act', in short, land register was prepared and published. ..... peaceful possession of the lands, which were settled in her favour towards her maintenance by registered settlement deed executed in the year 1951 till the commencement of the hindu succession act, 1956, and had acquired valid right, title and interest over the same, bereft of the restrictions imposed by the deed. ..... of the deed of settlement, suryamani was to enjoy the disputed land during her life time for her substance, but she was prevented to alienate the same by way of sale, gift, mortgage, exchange or otherwise. ..... settlement executed in the year 1951 and as she was possessing the same in consonance with the said deed, the case would be squarely covered under sub-section (2) of section 14 of the hindu succession act, 1956 and suryamani can never acquire absolute right over the properties settled by a deed executed in 1951. ..... submitted that as the properties were settled by a deed of settlement in consonance with section 14(2) of the hindu succession act, the restrictions imposed would continue.the consolidation officer after hearing all the parties held that the properties having been settled ..... though the parties took active part in both the forums and in fact, the ..... saraswathibai : (2008) 1 scc 456 : air 2008 sc 500 the supreme .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ2585
..... the inherent powers of the high court are reserved to be used 'to give effect to any orders under the code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice'.thus, in view of the above, law can be summarized on the subject that criminal proceedings/fir/complaint is liable to be quashed only if the court comes to ..... the apex court held that nomenclature under which the petition is filed is totally irrelevant and does not prevent the courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory.9. ..... answer is found on a perusal thereof which leads to disclosure of an offence even broadly, law courts are barred from usurping the jurisdiction of the police since the two organs of the state operate in two specific spheres of activities and one ought not to tread over the other sphere. ..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party.7. ..... state of andhra pradesh : (2008) 2 scc 403 : 2008 cri lj 724 and sunita jain v. ..... pawan kumar jain : (2008)2 scc 705.8. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT202
..... 27 of 2008) who are no way connected or authorized in any manner with regard to collection of toll from the toll gate in question, forcibly entered inside the toll booth with the help of some anti-socials and prevented barmeswar pandey and his employees from ..... 3 or their representatives authorized in writing shall have right to visit toll gate and watch the activities going in and verify the accounts, but they shall not interfere with the business activities run by opposite party no. ..... the partnership deed when a dispute arose between the partners the same has to be referred to an arbitrator and invoking the said terms the appellants filed application under section 9 of the arbitration and conciliation act and prayed for interim relief as they are going to be affected. ..... of a certified copy of this judgment, the learned district judge shall act in accordance with the directions made in this judgment.10. ..... 66 of 2008 in exercise of the powers under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act'), the appellants have filed these ..... just and convenient for appointment of receiver in respect of management of the bmb toll gate under section 9 of the arbitration and conciliation act, 1996. ..... further on verification, he found that the aforesaid respondents 1 and 2 claiming themselves to be his partners on the basis of a partnership deed for management of the affairs of toll collection resorted to the proceeding under section 9 of the act. .....
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