Court : Orissa
Reported in : AIR1954Ori139; 20(1954)CLT345; [1954]24CompCas294(Orissa)
..... may be brought to a complete standstill by the debtors applying to their respective district courts under the provisions of the provincial insolvency act and obtaining interim protection.one of the main objects of the insolvency law is to give protection to a person who is adjudged an insolvent against his creditors by vesting all his property in the court and conferring exclusive ..... a petition for being adjudged an insolvent is filed, if the court admits the petition, it may under section 20 of that act appoint an interim receiver to take charge of the assets and aiso grant the petitioner interim protection against arrest and detention in civil prison. hence if the insolvency court is also given concurrent jurisdiction in respects of the insolvency .....
Tag this Judgment!Court : Orissa
Reported in : I(1998)DMC660
..... might have been one of the factors for driving the deceased to commit suicide. the tragic end to the life of the deceased should not, however, be taken to be in a spirit of retribution to deny the petitioner the protection which is ordinarily available to a woman as contemplated in section 437, code of criminal procedure. though the ..... -worked in her in-laws' family the major blame for which has been ascribed to her mother-in-law; and (ii) her husband was incapable of performing the act of sexual intercourse. from the statements of the relations of the deceased, such as her mother and brothers, it appears that most of the allegations are against the mother ..... arrest in connection with chandanpur p.s. case no. 105 of 1997 registered under sections 498a, 304b/34, indian penal code, and section 4 of the dowry prohibit) on act, the application under section 438, code of criminal procedure, has been filed.3. the deceased was married to the brother of the present petitioner in the month of may, .....
Tag this Judgment!Court : Orissa
Reported in : 1976CriLJ1342
..... attract the attention of everybody. there can be only three possibilities in this case, namely, an outsider having any grudge against the deceased might have come in and done the act; or any other inmate of the house; or the accused himself. the first possibility can be eliminated outright for any such assailant could not possibly have come into the house ..... the attempts of the assailant-may he be an outsider or an inmate of the house-would be frustrated. the circumstances are that the deceased did not anticipate any such act for which she did not raise any alarm, disarmed as she was of all suspicion. such a situation is only possible if the right person, like her husband would be ..... we set aside the order of acquittal, allow the appeal and in view of the long lapse of time and his drunkenness, hold that a sentence of rigorous imprisonment for life would meet the ends of justice which we do hereby inflict. the respondent be re-arrested to suffer the sentence.s.k. ray, j.14. i agree. .....
Tag this Judgment!Court : Orissa
Reported in : 1997(II)OLR171
..... v. chandra mani and ors. : 1996 (2) scale 820.10. the background facts show that several rounds of litigation have been undertaken by the petitioner to protect the certificates issued to him. that aspect appears to have been lost sight of by the rdc. the delay was not so unusually high as to weigh heavily against ..... 'sufficient cause' is adequately elastic to enable the court to apply the law in a meaningful manner which subserves the ends of the justice - that being the life-purpose for the existence of the institution of courts. it is common knowledge that apex court has been making a justifiably liberal approach in matters instituted in apex court ..... approach has to be taken while dealing with the question of limitation. the expression 'sufficient cause' as appearing in section 5 of the indian limitation act, 1963 (in short, 'the act') is sufficiently elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice which is heartbeat of judicial .....
Tag this Judgment!Court : Orissa
Reported in : II(1990)DMC302
..... proceeding, court competent to grant divorce is vested with powers to grant alimony. both criminal court and the matrimonial court can grant alimony or maintenance as an interim protection. this clearly leads to the conclusion that a christian wife has right to be maintained by her christian husband which is a part of the right and obligation of ..... in view of an order under section 125, cr.p.c. in favour of plaintiff and in view of the fact that conditions of permanent alimony under indian divorce act are not satisfied.3. trial court settled five issues. plaintiff examined six witnesses and exhibited documents which were marked as exts. 1 to 12 series. defendant examined two ..... marriage has also asserted on oath that parties were married on 1-1-1974. pw 2 has been licensed under section 9 of the indian christian marriage act, 1872 to grant certificates of marriage between indian christians. he has issued the marriage certificate making entries in the marriage register maintained under the .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR161
..... said witness;and the questions to be addressed in the course of cross-examination are to test his veracity; to discover who he is and what is his position in life; and to shake his credit by injuring his character.[see also cholan roadways ltd. v. g. thirugnanasambandam : (2005) 3 scc 241].in vimalben ajitbhai patel v ..... delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.(2) if it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the high court or the sessions judge may direct that any magistrate of the first class shall hold an inquiry ..... the officer concerned is essentially a question of fact.48. the procedures laid down under the act being stringent in nature, however, must be strictly complied with.it was further held:52. enforcement of law, on the one hand and protection of citizen from operation of injustice in the hands of the law enforcement machinery, on the other .....
Tag this Judgment!Court : Orissa
Reported in : 1997(1)ALT(Cri)21; 83(1997)CLT373; 1996(II)OLR607
..... appellant. in a recent case, the apex court which dealing with an order of acquittal under this act held in the case of state of punjab v. jasbir singh reported in jt 1995 (9) sc 308 as follows : 'protection given by this section is available right to the offender and compliance thereto intended to be mandatory, in ..... has been non-compliance of the mandatory provisions enjoined under section 50(1) of the act and that alone vitiates the entire trial. his further submission is that there has been no proper proof in regard to intimation of search and seizure to his ..... the receipt thereof the factum of non-corroboration of seizure by independent witnesses; non-intimation of the factum of seizure to the higher authorities as contemplated under the act, the learned trial judge found the appellant guilty and sentenced him as indicated above.5. shri ganeswar rath, learned counsel for the appellant has contended that there .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT839; 1993CriLJ3149
..... ten witnesses, out of whom p.ws. 2, 3 and 4 claimed to be the witnesses who had seen either the whole or part of the ghastly act. a plea of insanity to get protection under section 84, ipc was advanced by the accused and in support of the plea, two witnesses were examined. one of them was the doctor, who ..... 'accused') calls in question legality of his conviction punishable for an offence under section 302 of the penal code, 1860 (in short, the 'ipc') and sentence of imprisonment for life as awarded by learned sessions judge, phulbani.2. shorn of unnecessary details, prosecution case is that on 8-9-1988 at about 5.30 a.m. accused caught hold of ..... history of the accused from the warders posted on duty that the accused was suffering from mental insanity and was not in a position to speak himself. nature of the act committed, behaviour of the accused immediately prior to the occurrence some times throws light on the mental state of accused. these behaviours are not conclusive, but they certainly .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR648
..... miscarriage - whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and if ..... has violated any of the provisions of the act.13. the petitioner is a specialist in obstetrics and gynaecology and is posted as additional chief district medical officer at capital hospital at bhubaneswar who was ..... continues after conviction for the first such contravention.12. the prosecution has not come out with a specific allegation as to which provision of the said act has been violated, as contemplated under the aforementioned sections. i find absolutely no material whatsoever brought out during investigation to prima facie show that the petitioner .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ260; 1992(I)OLR108
..... of such witnesses was not possible in the facts and circumstances of a particular case. similarly, the provisions of section, 52 as also section 57 are intended as protection against illegal arrest and continued detention. while all such provisions are mandatory, it is to be seen as to what is the effect of their non-compliance on ..... r. das, j. that the word 'procedure' in article 21 must be taken to signify some step or method or manner of proceeding leading up to the deprivation of life or personal liberty. krishna iyer, j. in air 1978 sc 527 (babu singh v. the state of u.p.) observed that personal liberty, deprived when bail is refused ..... the person for whose benefit it is made. in such cases the action has to be struck down irrespective of the question of justification or prejudice. 8. the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have been recognised .....
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