Court : Orissa
Decided on : Aug-08-1996
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
Decided on : Dec-04-1996
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
Decided on : Apr-19-1996
Reported in : AIR1996Ori195
..... s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself. the protection and improvement of the human environment is a major issue which affects the well-being of people and economic development throughout the words, it is theurgent ..... just to punish the culprit but to balance the eco-system. the noteworthy development in this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c. m. jariwala in his article 'changing dimensions of indian environmental law' in ..... avoidance of disturbance on surface. these need to be strictly followed. stowing of sand in the required ratio should be adhered to. the authorities under the mines act should make periodic verification to ensure that mines safety is maintained. it is not to be forgotten that while everything on the surface appeared to be normal .....
Tag this Judgment!Court : Orissa
Decided on : Dec-05-1996
Reported in : 83(1997)CLT95; 1997CriLJ2398; 1997(I)OLR215
..... based or 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 authority to ..... , and at best may constitute taw and order situations : (b) three was unusual delay in disposing of the representation and (c) the constitutional protection mendating grant of adequate opportunity for representation has been denied as the detenu was not informed about his right to make a representation to the centralgovernment. mr ..... on 6-2-1996 which is under-challenge in this writ of habeas corpus.2. indicating nine incidents involving ghastly and cruel acts including murderousassaults, which disturbed even tempo of life in the society order of detention has been passed. detenu made a representation before the state government which has been rejected.3 .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-1996
Reported in : 1997(I)OLR202
..... could not be produced and therefore, there was liability to pay fine, and since petitioner used his cycle within municipal area everyday, and kept it there, no protection can be derived from section 183, he comes to his place of work near cuttack railway station everyday. that brings in application of section 176. though the ..... the above decision in adopting the wide connotation for the word 'business' in the present case.8. in the context section 32(2) of indian evidence act, 1872 (in short, 'evidence act') may be noted. expression 'in the ordinary course of business' means ' on the ordinary course of a professional avocation or currant routine of business' ..... expression used in section 176 of the act is 'ordinary course of business', the expression 'business' cannot be equated as trade or commerce and would mean ordinary course of activity in any event. section 186 .....
Tag this Judgment!Court : Orissa
Decided on : Feb-28-1996
Reported in : 1996CriLJ2686
..... should be strictly construed in favour of the subject and the safeguard providing protection to a citizen's liberty must be liberally interpreted and applied. (see rameshwar shaw v. district magistrate, burdwan, air 1964 sc 334: (1964 (1) cri ..... to the norms of justice and fair play.... 5. strict compliance of procedural safeguards is intended to protect a person against false and frivolous accusation. once one is trapped in a case, particularly under the act, he is incarcerated behind the prison bar for several years and as our experience shows, trial of ..... there has been compliance or otherwise of the aforesaid provision.4. article 21 of the constitution lays down that no person shall be deprived of his life or personal liberty except according to procedure established by law. this being the constitutional mandate, the courts have held that a provision which curtails personal liberty .....
Tag this Judgment!Court : Orissa
Decided on : Sep-19-1996
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
Decided on : Aug-23-1996
Reported in : AIR1997Ori47
..... that marriage being a social institution, there was a social interest in its preservation and protection. thus, it came to be accepted that marriage could be dissolved only in those cases where a party to the marriage by his act fundamentally undermined the marriage. these aspects were highlighted by mr. peras dawan, an eminant ..... court to battle out their marital difference may constitute at the most 'materials providing basis for adjudication'. the relationship which passes through hot and cold days of domestic life may provide insight to the problem, but that is all. atkin, j. in a famous judgment said: 'the parties themselves are advocates, judges, court, ..... failure of marital two-in-oneship in which both the members however unequal their responsibility are inevitably involved together. (see mortimer committee of england, 1964 report). life is not always a bed of roses. minor differences get blown out of proportion. it is lost sight of the fact that adjustment, tolerance, and understanding .....
Tag this Judgment!Court : Orissa
Decided on : Dec-12-1996
Reported in : 1997(I)OLR78
..... not looking after the in-laws and the family members were discontended with her behaviour. since shakuntala was suffering from various aliments she was often giving out to end her life. with regard to the demand of dowry he denied the allegations.4. the case of the prosecution is based on circumstantial evidence and to prove the case, the ..... for dowry by pw 1 could have been the only motive for the appellant to commit the crime. there may be other reasons for which he might have done the act. that apart, as observed earlier on the face of clinching evidence, though circumstantial, absence of motive cannot be of any assistance to the appellant's plea of innocence.10 ..... d.m. patnaik, j.1. the appellant assails his conviction under sections.302 and 201 of the indian penal code and sentence of imprisonment for life and imprisonment for six months respectively. he has been acquitted of the charge of dowry death punishable under section 304b, ipc.2. prosecution case is marriage between the .....
Tag this Judgment!Court : Orissa
Decided on : Nov-18-1996
Reported in : 1997(2)ALT(Cri)7; 84(1997)CLT96; 1997(I)OLR26
C.R. Pal, J.1. The appellants assail the order of conviction and sentence dated 2-4-1993 passed by the Additional Sessions Judge, Parlakhemundi in Sessions Trial Case No. 11 of of 1992 i, e. Sessions Trial No. 5/92 GDC where in each of the appellants has been convicted under Sections 366 and 506, IPC and has been sentenced under Section 366 to undergo R. I. for tan years. No separate sentence has been passed under Section 506, IPC. 2. The case against the appellants is that on 15-3-1991 while Manjula Pani, the victim girl (PW 3) along with Nandana Bebarta (PW 4) were returning from jungle carrying fire-wood those appellants appeared before them and caught hold of PW 3, she requested them to leave her stating that her marriage has already been settled at Berhampur. The appellants did not listen to her request and dragged her. In the process of dragging appellant No. 1 tore her blouse. When her companions tried to rescue her the appellants threatened them to kill showing a knife. They al...
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