Court : Orissa
Decided on : Jan-19-2009
Reported in : 107(2009)CLT772
..... approached the supreme court and after becoming unsuccessful there, he once again approached this court, that too after the period of limitation and as such, the petitioner has neither acted bona fide nor with due diligence. thus, the case is squarely covered by the ratio of the judgment of the supreme court in the case of k. rajamouli v ..... in such a situation, filing of review petition would be an abuse of the process of the law.9. so far as application of section 14 of the limitation act is concerned, it would be prudent to refer to the said section, which reads as follows:14. exclusion of time of proceeding bona fide in court without jurisdiction.-(1 ..... notice, opposite party-insurance company filed a counter affidavit repudiating the averments made in the misc. case and taking a positive stand that section 14 of the limitation act will not be applicable to a case where the matter was prosecuted at supreme court in special leave petition and as such, the prayer for exclusion of time spent .....
Tag this Judgment!Court : Orissa
Decided on : Feb-02-2009
Reported in : 2009(I)OLR838
..... the medical evidence the trial court found all the 8 appellants guilty of committing the offence under section 302/34 ipc, convicted them thereunder and sentenced them to imprisonment for life. only accused ramesh behera was acquitted.5. learned counsel appearing for the appellants assails the impugned judgment on the ground that neither p.w.3 nor p.w.4 had ..... , j.1. all the appellants having been convicted for commission of the offences under section 302 read with section 34 of the indian penal code and sentenced to imprisonment for life by the learned sessions judge, dhenkanal-angul in s.t. case no. 79 of 1993 have preferred this appeal.2. the case of the prosecution is that accused gadadhar dehury .....
Tag this Judgment!Court : Orissa
Decided on : Feb-03-2009
Reported in : AIR2009Ori142; 107(2009)CLT853
..... contract, a vehicle will, nonetheless, be within the import of 'kept for use' in the state and it is immaterial for the purpose of section 3 of the said act, whether a vehicle is actually being used or kept for use in the state. (emphasis supplied). the principle laid down in the aforesaid decision is squarely applicable to the ..... . state of madhya pradesh and ors. : [2002]supp2scr93 . in the said case, the supreme court was dealing with the question of refund of tax under the motor vehicle taxation act of madhya pradesh. the supreme court in the said case has interpreted section 3 of the, madhya pradesh motoryan karadhan adhiniyam, which is in pari materia of section 3 of ..... it was brought to rourkela, the registered owner is liable to pay tax for the said period under the orissa motor vehicle taxation act. he relied upon section 3 of the orissa motor vehicle taxation act and submitted that a vehicle either plying or kept for plying is liable to pay tax and even if the vehicle is taken out .....
Tag this Judgment!Court : Orissa
Decided on : Mar-03-2009
Reported in : 107(2009)CLT632
..... .d.c. ltd. provides for retrenchment on reduction of establishment/abolition of posts. but such retrenchment is required to be made by following the principle prescribed in the industrial disputes act, i.e., last come first go. it is the case of the opposite parties that the o.f.d.c. was having surplus manpower as per the approved reorganization and .....
Tag this Judgment!Court : Orissa
Decided on : Mar-17-2009
Reported in : 2009(I)OLR788
..... sessions judge, mayurbhanj, baripada who tried the case by his judgment dated 21.12.2002 convicted the appellant under section 302 i.p.c. and sentenced him to imprisonment for life basing upon the statement under section 164 cr.p.c. of p.w.3, who is the younger brother of the accused.5. mr. swain, learned counsel for the appellant ..... pradip mohanty, j.1. the appellant having been convicted for commission of offence under section 302 i.p.c. and sentenced to imprisonment for life by the learned sessions judge, mayurbhanj, baripada in s.t. case no. 169/2000, has preferred this appeal from jail.2. the case of the prosecution is that on 04. .....
Tag this Judgment!Court : Orissa
Decided on : Apr-16-2009
Reported in : AIR2009Ori176
..... with the operation of section 14(1) materially. the proviso should not be construed in a manner so as to destroy the effect of the main provision or the protection granted by section 14(1) or in a way so as to become totally inconsistent with the main provision.(4) sub-section (2) of section 14 applies to instruments ..... opposite party no. 5 by means of a registered deed, in consonance with sub-section (2) of section 14 of the hindu succession act, she will have no right to alienate the same during her life time and the restrictions imposed by registered deed shall prevail. on the basis of such conclusion, all the cases were disposed of by a ..... were allotted in favour of suryamani towards her maintenance. according to the terms and conditions of the deed of settlement, suryamani was to enjoy the disputed land during her life time for her substance, but she was prevented to alienate the same by way of sale, gift, mortgage, exchange or otherwise. the major settlement record of rights reveals .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2009
Reported in : 108(2009)CLT169
..... the scheme with regard to constitution of the trust board, the intent of the legislature, as expressed in section 27(1) of the o.h.r.e. act that the assistant commissioner shall have due regard to the claims of persons belonging to the religious denomination for whose benefits the said institution is maintained, should be applied ..... sahu and ors. v. the commissioner of endowments, orissa and ors. : 1996 (i) olr 279, this court interpreting section 27 of the o.h.r.e. act held that the assistant commissioner's power to extend the term of office of non-hereditary trustee is indicative of the legislative intent that it is not to be exercised ..... that there are no modalities prescribed in the scheme with regard to framing of the trust board under clause 3(a) of the scheme.6. section 27 of the new act deals with non- hereditary trustees, their number & appointment. sub-sections (1) & (2) thereof provides as follows:27. non-hereditary trustees, their number & appointment - (1) the assistant .....
Tag this Judgment!Court : Orissa
Decided on : May-11-2009
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
Decided on : Jul-29-2009
Reported in : 2009(II)OLR504
..... that the concept of section 197 does not get immediately attracted on institution of the complaint case.48. the aforesaid views regarding the extent of protection available to a public servant while acting in discharge of his official duty, under section 197(1) cr.p.c. has been reiterated and affirmed by the apex court in sankaran ..... the two petitioners were guilty of wilful breaches or neglect of any rule of regulation or any lawful order or violation of their duty.]in view of such wild and baseless allegation made in the complaint which are absurd, inherently improbable and entirely unbelievable and even otherwise, as such allegations do not prima facie constitute any ..... special c.j.m., raipur.7. the complainant filed yet another writ application (o.j.c. no. 5536 of 2002) alleging therein that repeated attempts on her life were being made by sponsored hard core criminals, armed with deadly weapons, demanding certain documents in connection with c.b.i. case relating to alleged murder of her .....
Tag this Judgment!Court : Orissa
Decided on : Sep-03-2009
Reported in : 109(2010)CLT201
..... . those certificates were attested by the then a.b.d.o., raghunathpur during the absence of the b.d.o. therefore, opposite party no. 4 has not done any fraudulent act & there is no illegality or irregularity in granting licence in his favour. hence, they prayed for dismissal of the writ application.5. opposite party no. 4 also filed his counter ..... sale was rs. 164.80 & minimum was rs. 35.00. they further pleaded that opposite party no. 4 is a fraudulent person & f.i.r. was lodged for his fraudulent act but the police did not take any action. however, the tahasildar, raghunathpur ratified the said fraud of opposite party no. 4 & appointed him as a stamp vendor on production of .....
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