Court : Orissa
Reported in : 2007(II)OLR262
..... filed w.p.(c) no. 88 of 2007 before this court. the said writ application was disposed of on 21.3.2007 directing the authorised officer under the wild life protection act to register a case and also consider the application for interim release of the vehicle, if filed. pursuant to the said direction, the petitioner moved the authorized officer ..... release of the truck bearing registration no. or-01-6247 in favour of the petitioner is under challenge.3. the aforesaid truck was seized by the forester of wild life protection act on 1.12.2006 at ranipokhari from the possession of one bikram marandi who was the driver of the truck. the truck was loaded with stone metals. the ..... forester gave intimation of the seizure to the learned magistrate and the intimation was received by the learned magistrate on 6.12.2006. however, p.r. was act submitted by the forester at that stage. the owner of the vehicle who is the petitioner before this court filed an application under section 457 cr.p.c. to .....
Tag this Judgment!Court : Orissa
Reported in : 1987CriLJ136
..... . 145 of 1984.2. the facts may be briefly stated. the two petitioners are accused of offences under sections 31, 32, 51 and 52 of the wild life (protection) act, 1972 and under section 27 of the arms act, 1959 and facing trial in 2(b) c.c. no. 2 of j984 pending in the file of the learned s.d.j.m., bhubaneswar. according ..... interim custody of the guns pending trial, the guns would remain liable to be confiscated to the state under the wild life (protection) act, 1972 and/or the arms act, 1959, if ultimately they are found guilty and are convicted for offences under the said acts. accordingly, on consideration i agree with the reasons and the conclusion of the learned magistrate. the learned sessions judge does .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT449; 1995(I)OLR678
..... defined in section 425, ipc, and section 426 provides punishment for mischief. offence created by section 429 and the one under section 9(1) read with section 50 of the wild life protection act, 1972 are substantially the same offence. (see state of bihar v. murad ali khan and others: air 1989 sc 1). in order to constitute ..... . it is not a requirement in law . that particular number of witnesses need be examined. on the contrary, it is clearly provided in section 134 of the indian evidence act, 1872 that no particular number of witnesses shall in any case be required for the proof of any fact. it is not the number of witness, but quality of evidence ..... the evidence must prove-(i) that the accused caused the destruction of some property, or some change in such property or in the situation thereof; (ii) that the above act destroyed or diminished the value or utility of such property, or affected it injuriously, (iii) that the accused did as in intending or knowing that he was likely to cause .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)
..... the field with regard to manufacture and production since parliament is well aware of the meaning of the phrase 'manufacture and production'. in the state financial corporation act 1951, while defining 'industrial concern' in section 2(c) parliament used the word 'manufacture' in respect of goods and 'generation' in respect of electricity. ..... needless to repeat that it is capable of abstraction, consumption, and use which, if done dishonestly, should attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted transferred, delivered, stored, possessed etc. in the same way as any other movable property....' the aforesaid passage would have a ..... by observing as follows :-'...what has essentially to be seen is whether electric energy is 'goods' within the meaning of the relevant provisions of the two acts. the definition in terms is very wide according to which 'goods' means all kind of movable property. then certain items are specifically excluded or included .....
Tag this Judgment!Court : Orissa
Reported in : 1998ACJ1019; 83(1997)CLT781; 1997(II)OLR69
..... 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 made.15. in course of argument an analogy has been made to ..... nature of compensation consequential upon the deprivation of a fundamental right to life and liberty of a petitioner. the 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. if civilisation is not ..... appreciate the awarding compensation in the case under the motor vehicles act and the situation in which the victim can ask .....
Tag this Judgment!Court : Orissa
Reported in : II(2005)ACC615; 2006ACJ1494; 98(2004)CLT762
..... not debarred from awarding reasonable sum of money by way of compensation, if there is deliberate act of negligence on the part of the statutory authorities and/or to help in protecting, preserving and enforcing the fundamental rights to life of a citizen. in such legal backdrop the moot question for consideration is whether there ..... was any deliberate act of negligence on the part of the railway authorities, which resulted in the accident ..... the train being a heavy vehicle, its authorities should be more vigilant in protecting the lives of innocent human beings who are using the level crossings. it is argued that section 18 of the railways act, 1989 (hereinafter to be called as 'act', in short), puts liability on the railway authorities to construct suitable gates, .....
Tag this Judgment!Court : Orissa
Reported in : 1996(II)OLR546
..... laid the foundation in arts. 48-a add 51-a for a jurisprudence of environmental protection. today, the state and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wild life and to have compassion for living creatures.a learned jurist has said, the rig ..... are those 'holy' waters now.the anxiety to save the environment manifested in the constitution (forty-second amendment) act, 1976 by the introduction of a specific provision for the first time to 'protect and improve' the environment. man is nature's best promise and worst enemy. several enactments have been made ..... micro-organism and property, [vide section 2(a) of the environment (protection) act 1986].the expressions 'pollution', 'sewage effluent', 'sewer' and stream' are defined in the water (prevention and control of pollution) act, 1974 (in short, 'the act') as follows : '2. definitions--in this act. unless the context otherwise requires.-- 'xx xx xx(e) 'pollution' .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori114; 1995(I)OLR1
..... while interpreting the validity of such legislation, article 48a of the constitution must always be kept in mind. it specifies that protecting and improving environrments and to safeguard the forests and wild life of the country is our constitutional goal.25. had the orissa state legislature competence to make this legislation is the 3rd and ..... to controlling and regulating establishment and operation of saw mills and saw pits and the trade of sawing for the protection and conservation of forests and environment and in public interest, the act was made.5. the act was brought into force with effect from 23rd march, 1992. its salient features can be noticed in sections ..... the reports of parliamentary committees. occasional excursions into the debates of parliament are permitted. internal aids are the preamble, the scheme and the provisions of the act. having discovered the reason for the statute and so having set the sail to the wind, the interpreter may proceed ahead. no provision in the .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ2095; 2003(I)OLR284
..... under saw mill and saw pits control act, 1991 so also a proceeding under section 56 of the forest act by the d. f. o. chandaka wild life division for confiscation of those seized articles.5. on the basis of the aforesaid facts scenario while learned counsel for the petitioners argues for grant of protection to the petitioners by extending the benefit ..... by the petitioners. in addition to that, all that these two petitioners did was to conduct a raid in due discharge of their official duty and therefore their act is squarely protected under section 197, cr. p. c. and a prosecution is not maintainable in the absence of sanction. when that being the prima facie evidence to take ..... , cr. p. c. must stand the test that the nexus between the discharge of the public duty and the offending act or the omission must be inseparable. undoubtedly the reason for grant of such a protection is to balance the public good and efficiency and the performance of the public duty by a public servant without fear or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... completely ignores the distinction in the rights of the landholder in respect of private lands and raiyati-lands. that distinction has been recognized in the orissa tenants protection act itself by provision of differential rents and is, to that extent, carried into the scheme of compensation for the two different categories of land. while no ..... the rent actually realised, it is anything more than inadequate compensation at best. it must also be remembered that under the orissa tenants protection act, the landholder under the madras estates land act, in cases where the rent is payable in kind, gets only l/6th of the gross produce as rent from the occupancy-raiyat ..... every englishman' since the first articles of the virginia bill of rights of 1776, which pointed, as being the inherent right of man, 'to enjoyment of life and liberty, with the means of acquiring and possessing property' and since the french declaration of the rights of man of 1789 described property 'as an inviolable and .....
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