Judgment Search Results Home > Cases Phrase: unlawful Court: orissa Page 7 of about 478 results (0.029 seconds)

Bijayalaxmi PandA. Vs. State of Orissa and anr.

Court : Orissa

..... in the instant case, prosecution has failed to prove the cruelty and harassment by the husband, opposite party no.2, to meet the unlawful demand for any property or valuable security. .....

Radheshyam Modi Vs. Jadunath Mohapatra

Court : Orissa

Reported in : AIR1991Ori88

..... if the legal representatives of deceased mohanlal did continue in possession of the lease-hold premises after the legal termination of the tenancy, they can at best be described as tenants at sufferance which expression is merely a fiction to distinguishtheir unlawful possession from that of a trespasser. .....

Gokha Behera Vs. Principal Secretary, Law Department and 3 ors.

Court : Orissa

Reported in : 107(2009)CLT438

..... staff of the delinquent have actively participated in attempting to defraud the state government a very valuable land belonging to the state.the petitioner delinquent and his various office staff have clearly colluded in order to bring unlawful gain to themselves through their near and dear relatives. .....

Manorama Mohapatra (Smt.) and ors. Vs. Collector and ors.

Court : Orissa

Reported in : 90(2000)CLT206; (2000)IILLJ1023Ori; 2000(I)OLR662

..... prayer has been made in the fax message that appropriate direction should be given to the collector and district magistrate and the superintendent of police, cuttack to protect their 'life, liberty and properties and to prevent unlawful assembly near gopabandhu bhavan and in front of it and take preventive measures to avoid breach of the peace.'4. .....

Himirika Lokanath and ors. Vs. the State

Court : Orissa

Reported in : 28(1962)CLT435; 1964CriLJ114

..... between object and intention, for, though their object is common the intentions of the several members may differ and indeed may be similar only in respect: that they are all unlawful, while the element of participation in action which is the leading feature of section 34, is replaced in section 149 by membership of the assembly at the time of the committing ..... to be spectators.but so far as this particular case is concerned, the evidence is overwhelming and the question of any particular person being either a spectator or not having the common object of the unlawful assembly and not doing overt acts in prosecution of the common object of that assembly does not arise.13. ..... circumstances at any rate do indicate that the members of the unlawful assembly knew it to be likely that murder would be committed ..... there is absolutely no dispute over the proposition that in case of an unlawful assembly as to whether an offence was committed in prosecution of the common object of the assembly, close scrutiny of the evidence is essential, otherwise injustice may occur and innocent persons present may be roped ..... that the common object of the unlawful assembly was .to murder harihar misra ..... lays down that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of the assembly, or such as the in embers of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of committing of that offence, is a .....

State of Orissa Vs. Laxman Mohapatra and anr.

Court : Orissa

Reported in : 2009CriLJ282

..... to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand, shall amount to cruelty.11. ..... with the alleged ill treatment to the deceased, we further find that there is no cogent material brought before the court by the prosecution, to prove that the deceased was being ill treated on account of non-fulfilment of unlawful demand. .....

Manilal Sahu and ors. Vs. State

Court : Orissa

Reported in : AIR1969Ori176; 35(1969)CLT35; 1969CriLJ990

..... harun tirkey's case 34 cut lt 215: (1968 cri lj 1251) observed that mere presence in an assembly does not make a person a member of an unlawful assembly, unless it is shown that he had done something or omitted to do something which would make him a member of an unlawful assembly, or unless the case falls under section 142 of the indian penal code and that it is necessary for the prosecution to lead evidence pointing to the conclusion ..... made by this court in the case of baladin air 1956 sc 181 assume significance; otherwise, in law, it would not be correct to say that before a person is held to be a member of an unlawful assembly, it must be shown that he had committed some illegal overt act or had been guilty of some illegal omission in pursuance of the common object of the assembly. ..... loot, still in the absence of any evidence to show that these appellants have done any overt act it cannot be said that they shared the common object of the unlawful assembly and there is no evidence in this case that any of the appellants did any overt act on the night of 21st march. ..... follows that while the possibility of innocent persons out of sheer curiousity joining an unlawful assembly cannot be ruled out, and in that view of the matter every person found in such an assembly cannot ipso facto be treated as one sharing the object of the assembly, it also follows that in order to constitute a person a member of the unlawful assembly it is not necessary that he should have done any overt act in .....

Uchhab Bhol and ors. Vs. Sri Lord Jagannath and ors.

Court : Orissa

Reported in : AIR1949Ori80

..... this, however, will not completely exonerate those particular defendants who, apart from the conspiracy, unlawfully cut and carried away the crops of the lands which had been cultivated by the plaintiffs as their nijda-khali ..... and 3 of his petition dated 17th december 1948) in respect of whom he sought permission to sue afresh on the cause of action of unlawful removal and appropriation of crops--their individual acts of tort to the plaintiffs' damage. ..... for this purpose, a short summary of the law relating to liability deducible from unlawful combination amounting to 'illegal conspiracy' has to be adverted to, as that mainly, if not solely, forms the reason why we granted leave to sue as against some of the ..... defendants have a right to combine for the protection and promotion of their legitimate interest inasmuch as the plaintiffs have a right not to be interfered with in an unlawful manner, by illegal conspiracy in peaceful enjoyment of their property rights. ..... has been held on high authority that the plaintiffs have to establish (i), an agreement (ii) to effect an unlawful purpose (iii) resulting in damage to them. ..... stated the law in two propositions:'(i) a combination of two or more persons wilfully to injure a man in his trade is unlawful and, if it results in damage to him, is actionable. ..... one's own legitimate interest irrespective of its immediate result injurious or other, wise upon another would not make the intention unlawful, particularly in civil activities in tort.18. .....

Sambhu Das and ors. Vs. State

Court : Orissa

Reported in : 1971CriLJ959

..... air 1960 bom 515 it is held that it is essential that the prosecution must satisfactorily prove the existence of five or more persons in the alleged unlawful assembly; and where the prosecution case is that the unlawful assembly consists of five or more persona who are all named, and if the court in such a case entertains a reasonable doubt as to the presence of some of the named persons and the number of the remaining persons is less ..... even in such cases, it is possible that though the charge names five or more persons as composing an unlawful assembly, evidence may nevertheless show that the unlawful assembly consisted of some other persons as well who were not identified and so not named. ..... the prosecution case that only the named and identified fourteen persons associated themselves in the alleged unlawful assembly and participated in the above mentioned offences, excludes the possibility of other persons in that ..... some of the persons named in the charge and, tried will not necessarily displace the charge under section 149 because along with the two or three persona convicted were others who composed the unlawful assembly but who have not been identified and so have not been named. ..... from the question of such prejudice which may have to be carefully considered, there is no legal bar preventing the court of facts from holding that though the charge specified only five or more persons, the unlawful assembly in fact consisted of other persons who were not named and identified. .....

State of Orissa Vs. Madhusudan Sahu and ors.

Court : Orissa

Reported in : 2007CriLJ440

..... according to him, the evidence of the eye-witnesses, post occurrence witnesses coupled with the medical evidence clearly establish that the accused persons after forming an unlawful assembly armed with deadly weapons attacked p.w. .....