Court : Orissa
Reported in : AIR1961Ori154
..... of the latrine in relation to the defendants' two storeyed building, with the windows and the balcony, overlooking the bari with the latrine, -- the plaintiff is entitled to certain protection of his existing right of privacy to some extent.in such cases, -- where one opens a window, which overlooks the other, -- it is only proper that, -- from ..... this diversity, there is, however, one uniformity as to which there can be no doubt, namely, that the easement right of privacy cannot be stretched to oppressive lengths; protection for only those parts of a house can be secured, which are usually utilised by females, such as latrine, open bathing plsce for females etc. : extension of the ..... in those states, where the act is not in force.5. the fact, -- that there is no custom of privacy, known to the law in england, -- can have no bearing on the question whether there can be in india a usage and custom of privacy value in law; the conditions of domestic life in the two countries have from .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ168
..... be proved beyond reasonable doubt that it is the accused who is the author of the offence. but if the accused wants the protection of any of the exceptions from criminal prosecution, the onus is upon him to establish the facts constituting the exception, since as ..... thus conclusive evidence that the death was homicidal.4. since the appellant has raised plea of insanity while admitting the commission of the act, it is to be seen how far he has been successful in establishing such plea. in a. criminal prosecution it is well ..... n. c. panigrahi, learned additional government advocate, has raised a submission that the evidence of d.ws. 3 and 4 should not be acted upon since if it was a fact that the appellant had been taken to nayagarh for treatment by 'abhay doctor' as deposed to by ..... the appellant is in appeal against his conviction under section 302, i.p.c. and sentence to undergo r. i. for life for having killed his father (hereinafter referred to as the deceased) at about 6.00 p.m. on 25-11-1981 .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ172
..... of evidence of an accomplice is that there must be some additional evidence rendering it probable that the story of the accomplice is true and it is reasonably safe to act upon it. corroboration need not be direct evidence and even circumstantial evidence in that regard would be sufficient,5. viewed from such position of law, it is to be seen ..... sum of rs. 100/- from one hotel-keeper singh babu of phatak area, sambalpur but informed the matters at the vigilance office and lodged the f.i.r. ext. 3. acting on the report, the s. p., vigilance registered a case and laid a trap. on 23-2-79 p.w. 3 met the vigilance officer and produced ten currency notes ..... under section 161 of the indian penal code with imposition of sentence of r. i. for one year under the prevention of corruption act with no separate sentence under section 161, i.p.c. has occasioned this . appeal. p. w. 3 the informant, was a sweeper in the headquarters hospital at sambalpur and had .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT355; 2000CriLJ2517; 2000(I)OLR166
..... is based on subjective satisfaction of the authority concerned and the infringement of the constitutional right conferred under article 22(5) invalidates the detention order. personal liberty protected under article 21 is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining authority to show that the ..... is a fact that the detaining authority was aware of the possible release of the petitioner on bail and his enlargement of bail would have affected the normal life in the locality due to the situation which were prevailed upon in the town. over and above, he would have indulged in intimidation of general public and ..... order of detention passed against him by opposite party no. 2 in exercise of powers conferred under sub-section (2) of section 3 of the national security act, 1980 ('the act', for short)..2. the case of the petitioner is that he had been arrested by the sundargarh town police in connection with sundargarh town p. s. case .....
Tag this Judgment!Court : Orissa
Reported in : 1976CriLJ1347
..... penal code was available to the appellant and while he was exercising this right, injuries inflicted upon the deceased have brought about unintended death. therefore, the appellant is protected under section 104 of the code or if it is found that death was really voluntarily caused, it must be taken to be a case of excess of right ..... also accepted the dying declaration. he also accepted the extra-judicial confession by rejecting the defence stand that grama rakshi being a police officer. section 25 of the evidence act would not permit the alleged confessional statement of the appellant to be received in evidence. the learned trial judge next examined the claim of right of private defence of ..... of the indian penal code and convict the appellant under section 304 of the indian penal code and in lieu of the sentence of rigorous imprisonment for life impose the sentence of ten years' rigorous imprisonment. the appeal is dismissed subject to the modifications indicated aboven.k. das, j.10. i agree. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT245; (2008)15VST228(Orissa)
..... impugned order dated june 28, 2006 dr. pal, learned senior counsel for the petitioner, submitted that the registration certificate of the petitioner under the ovat act was suspended on the ground that the petitioner had knowingly furnished incorrect particulars claiming input tax credit on furnace oil, the same being not directly used in ..... interim order being misc. case no. 1935 of 2006. in the said application, the petitioner challenged the constitutional validity of section 30 of the ovat act. vide order dated february 21, 2006 this court directed the petitioner to deposit rs. 15 lakhs and simultaneously directed the opposite parties to revive the registration ..... subsequent thereto by an order dated february 6, 2006, the acst issued an order of suspension of registration certificate to the petitioner under the ovat act on the ground that the petitioner had knowingly furnished incorrect particulars claiming input tax credit on furnace oil which was allegedly not a consumable directly used .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT589; (2008)15VST484(Orissa)
..... if declaration forms could not be produced before the first appellate authority and in suitable cases produced before the learned tribunal, the same should be accepted and acted upon. in oriental chemical industries [1979] 44 stc 241, this court also held that if the assessee gives before the appellate authority sufficient explanation why the ..... sufficient explanation why the documents could not be produced before the assessing authority before the assessment was completed, the appellate authority could accept the same and act upon them.14. in the present case, it is not disputed that originally the petitioner took the stand that it was not liable to pay central ..... to the completion of the assessment and, therefore, the same might be accepted at the stage of first appeal. the appellate authority, however, refused to act on these documents and confirmed the demands for both the years.13. in the second appeals before the learned tribunal, the assessee contended that the explanation offered .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT379; 1998(II)OLR373
..... the opposite parties to produce the relevant documents as to the steps taken by them to find out the husband of the petitioner who was admittedly in a protected area and was on duty. it is unequivocally found from the materials on record that the petitioner's husband was engaged in active service to defend the ..... the petitioner at the bhubaneswar unit as the petitioner is still trying to survive with her daughters and chill penury is faced by them from all sides of life.11. we allow the writ application directing the opposite parties to offer rehabilitation appointment to the petitioner within three months of communication of the writ. the ..... a deserter and by taking disciplinary steps without any communication to anybody have terminated his service. we have no words to express our displeasure in deprecating the acts and actions on the part of opposite parties by proceeding arbitrarily, whimsically and capriciously to dismiss a bona fide person who was missed while discharging his duties. .....
Tag this Judgment!Court : Orissa
Reported in : 1998(1)ALT(Cri)6; 1998CriLJ2606
..... detenu is based on subjective satisfaction of the authority concerned and infringement of the constitutional right conferred under article 22(5) invalidates the detention order. personal liberty protected under article 21 is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining athority to show that ..... of non-disposal of the representation by the central government, the constitutional sinews in terms of article 22(5) of the constitution have been violated. a constitutional protection is given to every detenu which mandates the grant of liberty to the detenu to make a representation against the detention, as imperated in article 22(5) ..... and 'public order' is one of degree and extent of the reach of the act in question on society. it is the potentiality of the act in question on society. it is the potentiality of the act to disturb the even tempo of life of the community which makes it prejudicial to the maintenance of the public order. if .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... has been rubbed off, and insertions have been subsequently made. similar is the case in receipt nos. 6 and 13. d.w. 2 appears to be anxious to protect the accused. he has even not given positive answers in respect of certain queries. d.w. 20 stated that some of the tenants have written the receipts. all ..... embraces almost all the spheres of our day to day life the world over. in a limited sense it connotes allowing decisions and actions of a person to be influenced not by rights or wrongs of a cause, but ..... some progress, but a big chunck of money earmarked for developmental projects has been pocketed by the white-collar criminals.7. the enactment of the prevention of corruption act, 1947 coincided with the inset of the country's independence. corruption as such has reached dangerous heights and dangerous potentialities. the word 'corruption' has wide connotation and .....
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