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 : 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 : 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 : 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 : 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 : Sep-24-1996
Reported in : 84(1997)CLT357; 1997CriLJ2843; 1997(I)OLR71
..... the court must assume that the person to be searched was not informed of the protection the law gave him and must find that the possession of illicit articles under the ndps act was not established.'that apart, the town inspector has himself admitted that he was a ..... judicial and official facts have been regularly performed.' there is no room for such presumption because the possession of illicit articles under the ndps act has to be satisfactorily established before the court. the fact of seizure thereof after a search has to be proved, when evidence ..... charge of the investigation and submitted the charge-sheet under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (in short,'the act').4. on analysis of the materials on record and repelling the submissions of the accused with regard to non-compliance ..... 1.gone are the days of yore when an emperor like babar, at the cost of his life prayed for an ailing son ; vanished are the days of old when an obedient son like rama .....
Tag this Judgment!Court : Orissa
Decided on : Nov-14-1996
Reported in : 84(1997)CLT86; 1997(I)OLR384
..... rabinarayan could not be traced, enquiries were taken up by patakura polica and kudanagari out post, but nothing material could be elicited. petitioner being apprehensive of danger to her husbands life, moved the superintendent of police, kendrapara. but since rabinarayan's whereabouts continued to be in mystery, this court has been moved.3. several counter-affidav ts have been filed by ..... by the police officials was disapproved. during pendancy of the writ application, information was lodged by the petitioner to. th3 effect that she believes that her husband has lost his life, for which the police officials are responsible, and on the basis of such information a police case (patakura p. s. case no. 228 dated 7-9-1996) has bean instituted .....
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...
Tag this Judgment!Court : Orissa
Decided on : Nov-27-1996
Reported in : 1997(I)OLR116
..... resulting prestige worthy vivaha, towards which all traditional; castes tend : and lastly there is a weak strand, the 'westernised' or if you prefer, cosmopolitan life, an education with many advantages for the bride but many anxietiea and pitfalls for the couple. marriage is legally and socially sanctioned union between man and woman that ..... relationship which existed between the wife and the husband. such resolution which affected the status of parties will be relevant under section 41 of the evidence act even in the proceedings when such questions arose for consideration. therefore, when such serious questions are involved and when such matters affected the status of the ..... such a decree set aside on legally permissible grounds. consequently, it may be held that once the petition under section 13 of the hindu marriage act results into any decree of divorce either ex parte or bipartite then the concerned aggrieved spouse who suffers from such pernicious legal effects can legitimately try .....
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 .....
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