Court : Orissa
Decided on : Dec-19-1996
Reported in : 1997(I)OLR207
..... practices and customs at a given point of time might be quite different from those obtaining some centuries before that time. maxims which have long ceased to correspond with actual life are reproduced in subsequent treatises, as pointed out by john. d. mayne, either without comment or with a non-natural interpretation. 'extinct usages are detailed without a ..... son to both grand-fathers.' . but in the case where she was in thought selected for an appointed daughter, she is so without a compact, and merely by an act of the -mind. (manu ch. ix 127, and 136), hemadri quoted in colebrooke.'9. absence of cases before courts within living memory in which a claim had ..... down by the learned single judge with the view that the adoption of daughter's son was prohibited under hindu law prior to enactment ofhindu adoption and, maintenance. act 1956 (in short,'the act'). being conscious; of that position, defendant no. 3 based his claim to the property solely on the basis of 'putrika putra'.5. mr. b.l.n .....
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 : Dec-19-1996
Reported in : 1997(I)OLR235
..... officer by order dated 27-02-1993. petitioner has not joined on untenable grounds in spite of order of promotion, taking the stand that matter is subjudice. such act is clearly an act of misconduct because no stay was granted, when this court took up the matter for consideration on 13-5-1993. 5. factual position is undisputed to the extent that .....
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 : Jan-16-1996
Reported in : 2(1996)ACC566
..... had been manufactured for use only in the factory or enclosed premises, dumper must be held to be a motor vehicle and liable to be registered under motor vehicles act. we, therefore, do not find any infirmity with the impugned decision of the transport authority so as to be interfered with by this court.the writ application is ..... earlier division bench deciding the writ application had inadvertently missed to take note of the materials on record that dumper is not required to be registered under the motor vehicles act. he has argued at length that the decisions of the hon'ble supreme court in the cases of bolani ores ltd. and central coal fields ltd. (supra) did ..... for deployment of these heavy duty dumpers in mines. it is mainly stated in the said affidavit that dumpers do not comply with the provisions of the motor vehicles act, 1988 and the rules made thereunder and are not capable of being used on public road. therefore, the said vehicles are not road-worthy and hence the manufacturer .....
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