Court : Orissa
Reported in : 2005CriLJ2989; 2005(I)OLR628
..... a routine manner on a mere allegation of commission of an offence made against a person. it would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to ..... the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine. in the present case, there is no evidence at all to the effect that the appellant committed the offence alleged against him on the ground ..... in section 438 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this act.'6. in view of the above quoted provision, learned counsel for the complainant has submitted that anticipatory bail cannot be granted to the petitioner for the accusation under .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori107
..... the death certificate of the testatrix is also a fabricated one. according to the appellant, the testatrix was staying in the house of appellant no. 1 during her life-time and after her death, the estate is in his possession. the other appellants claim that the testatrix was being maintained by them and appellant no. 1 jointly ..... was duly executed by the testator or considers the existence of such fact so probable that any prudent person ought, under the circumstances of that particular case, to act upon the supposition that the will was duly executed by the testator, then the factum of execution of will shall be said to have been proved. the ..... any other document excepting that the evidence tendered in proof of a will should additionally satisfy the requirement of section 63 of the indian succession act, 1925 and section 63 of the indian evidence act, 1872. if after considering the matters before it, that is, the facts and circumstances as emanating from the material available on record .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori261; 16(1950)CLT102
..... must bear some proper and reasonable relation to the provocation given. words may be met by words and fists by fists. but the law will certainly not give any protection to a person who whips out a revolver and shoots because he is abused, even if it be in the foulest language. the explanation to exception a leaves no ..... he has been convicted of an offence under section 302, penal code for causing the death of a dandasi boy named ranka naik and has been sentenced to transportation for life. 2. the case for the prosecution is that on the afternoon of 20th april 1949, the appellant ulla was getting palm fruits plucked from a tree standing on his ..... c. 588: (1946-2 all e. r. 124), 'the law has to reconcile respect foe the sanctity of human life with recognition of the effect of provocation on human frailty.'there may be circumstances which may merely predispose to a violent act but these are not enough to bring the offender within the exception referred to above. the provocation must be an .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori194; 53(1982)CLT488
..... unnecessary to go into this question any further as after the passing of hindu minority act, 1956, the guardian of a hindu minor has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for realisation, protection or benefit of the minor's estate. this provision makes it clear that the guardian ..... is entitled to act so as to bind the minor if it is necessary or reasonable and proper for the benefit of the minor. the power thus conferred ..... purporting to create rights in favour of the plaintiff were not at all necessary or reasonable and proper the benefit of the minor (defendant no. 2) or for realisation, protection or benefit of the minor's estate. learned counsel for the appellant does not seriously dispute that the document fext. 1) is far in excess of the powers of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori19; 1977CriLJ2053
..... them and others from committing offences. the object of the law of procedure, including the law of evidence, is or ought to be that the innocent shall be protected and the guilty punished.referring to the tests indicated in paragraph 6 of the judgment by the learned chief justice, jagannadhadas, j. observed :.i wish, therefore, ..... for the reasons indicated above, the sentence of death would have been warranted, but the incident took place in 1971 and the sentence of impri- sonment for life was imposed in 1974. more than two years have already elapsed. shanti has already suffered poetic justice. the observations of the supreme court in the case of ediga ..... , what purports to be the confessional statement, cannot be treated as a validly recorded confession under section 164 which could be brought in under section 26, evidence act and that it must, therefore, be disregarded.the difficulty, however, consists in deciding what amounts to such a substantial non-compliance as to render the record of .....
Tag this Judgment!Court : Orissa
Reported in : 1994(II)OLR576
..... of uttar pradedh and anr., (1986) 63 s.t.c. 467 (alt.), where the court was examining somewhat similar provision under the u. p. sales tax act and the power of the sales-tax authorities in overriding the eligibility certificate granted by the government. the learned judges observed that the commissioner of sales-tax has not been ..... counter affidavit has, however, been fiied stating therein that no doubt, the assessing officer had passed an ordar under section 12(4) of the orissa sales tax act allowing the exemption from levy of sales-tax under ipr 1986, but that had been done under a mistake which tantamounts to escapement of turover and consequently, notices ..... making department of the resolution and has extended some incentives and concession to these industrial units.notice for assessment under section 12(4) of the orissa sales tax act was served upon the petitioner for the assessment year 1989-90 on 26-3-1991; annexed as annexure-8. the petitioner appeared arid made its submissions on .....
Tag this Judgment!Court : Orissa
Reported in : (1975)ILLJ48Ori
..... has the right to organise and address meetings to be attended by other employees and to tell them what are their rights and how to protect them. such an act is bound to be linked with the general relationship between the appointing authority and the appointee and may have direct connection with the contentment and ..... to article 309 of the constitution. the petitioners are government servants as well as industrial workers. in the capacity of industrial workers they are entitled to protection of certain rights provided under various industrial laws. but as government servants they are also to be governed by the the rules framed by government under ..... orissa service code and other rulei, both statutory and administrative, framed by government from time to time. as industrial workers, they were also having the protection of the various industrial and labour laws prevalent in the country. necessity was gradually experienceed for a comprehensive set of codified rules laying down the conditions of .....
Tag this Judgment!Court : Orissa
Reported in : 1997(1)ALT(Cri)8; 83(1997)CLT110; 1997(I)OLR47
..... . a woman cannot be treated as an object of pleasure. no man should entertain the idea that a woman has to depend on man at every stage of life for protection of her dignity and self-respect every man conceiving the notion of sexual assault must remember that in the bodily frame of a woman remains the soul of a ..... the appellant was 25 years at the time of occurrence. it is not that he was that young to be unable to know the effect or the consequence of his act. while dealing with a case of rape and after being convinced about commission of the crime, the court has to be stern in imposing the sentence. recently, this court ..... succumbing to the most inferior bestial propensities of lowly human nature and exposing his perverse impulse shattered the serene innocence of a eight year girl depriving her of the life-time privilege of cherishment of the childhood memory in posied tranquillity and compelling her to remain in constant despair bearing the burnt of an incurable stigma.2. the appellant .....
Tag this Judgment!Court : Orissa
Reported in : II(1991)DMC403
..... by the learned magistrate directing the petitioner to pay maintenance to the opposite parties needs reconsideration arid modification in view of the provisions of the act muslim women (protection of rights on divorce), act, 1989 and the petitioner will be seriously prejudiced if this important and vital aspect of the case is not taken into consideration. it ..... is whether the proceeding under section 125, criminal procedure code (cr.p.c.) is liable to be reopened in view of the provisions in the muslim women (protection of rights on divorce) act, 1986 (25 of 1986) 72. the factual background of the case leading to the present proceeding may be shortly stated thus: the petitioner is the ..... provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband etc.11. sub-section (4) makes provision for enforcement of the order passed under .....
Tag this Judgment!Court : Orissa
Reported in : 1991CriLJ2039; I(1992)DMC228
..... by the learned magistrate directing the petitioner to pay maintenance to the opposite parties needs reconsideration and modification in view of the provisions of the act muslim women (protection of rights on divorce) act, 1986 and the petitioner will be seriously prejudiced, if this important and vital aspect of the case is not taken into consideration. it ..... whether the proceeding under section 125, criminal procedure code (cr.p.c.) is liable to be re-opened in view of the provisions in the muslim women (protection of rights on divorce) act, 1986 (25 of 1986) ?2. the factual background of the case leading to the present proceeding may be shortly stated thus. the petitioner is ..... fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced women, the standard of life enjoyed by her during her marriage and the means of her former husband etc. sub-section (4) makes provision for enforcement of the order passed under sub .....
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