Court : Orissa
Reported in : AIR1957Ori112
..... as a member of the regular police force and thus had the protection under article 311. ..... , air 1955 cal 556 (g). to begin with, that was a case of a wholetime servant of the calcutta special constabulary under the calcutta suburban police act (bengal act 2 of 1866), where the special police officer appointed under section 12 of the act was afforded the same protection ..... appointed as extra-departmental branch post-masters without the previous consent of their superior officers or employers as the case may be, a police officer who is not a pensioner may not be employed as an extra departmental agent without the previous sanction of the director-general.' further ..... general was void and for recovery of his arrears of salary. the chief secretary to the government wrote to the inspector general of police that the order of dismissal was untenable and the appellant was to be reinstated at his instance. on appeal by the state of ..... act of 1935, should also be understood in the light of this longstanding practice. the same view was adopted by the supreme court in a case reported in shyamlal v. state of u. p., air 1954 sc 369 (f). mr. ramdas referred us to a decision reported in brojo gopal sarkar v. commissioned of police .....Tag this Judgment!
Court : Orissa
Reported in : AIR1957Ori39; 23(1957)CLT1; 1957CriLJ384
..... in radhakishun marwari v. emperor, air 1932 pat 293 (sb) (a) it was held that an excise officer exercising powers under the bihar and orissa excise act read with the dangerous drugs act, was not a ''police officer' and that a confession made to him by an accused person was therefore admissible in evidence not being hit by section 25 of the evidence ..... of 1951 by which a new section namely section 20-a, was inserted conferring on excise officers powers of an officer in charge of police station for the purpose of investigation of an offence under the opium act. the madras amendment was not so elaborate as the orissa amendment of 1939; and the detailed provisions such as sections 20-b to 20 ..... bar imposed by section 162, cr. p. c. and it is unnecessary to decide whether it will also be inadmissible as a 'confession before a police officer' within the meaning of section 25 of the indian evidence act 9. the correctness or otherwise of air -1932 pat 293 (a) does not therefore really arise for consideration here, but, i may point out ..... purpose of investigating a criminal offence, and should be held to be a police officer for the purpose of section 25 of the ind. evi. act also. in a recent division bench decision of the madras high court reported in public prosecutor v. paramsivan air 1953 mad 917 (d) the calcutta and bombay views were preferred to the patna view. 2. the patna .....Tag this Judgment!
Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... emperor, ilk 53 cal 718; (air 1926 cal 966} (e), a division bench of the calcutta high court held:'the conditions precedent to the issue of a legal warrant, under section 46 of the calcutta police act. are that the issuing officer must have before him information on oath, and make such enquiry as ..... search and to effect the arrest and even on the assumption that the entry into the math was legal, yet the way in which the police acted after the parley with pagla baba does give rise to a right of private defence of person and property. after the sub-divisional magistrate failed ..... was held that the refusal of the persons to accompany the inspector constituted no offence under section 19 of the police act, as the order was intended not for any purpose of police duty, hut simply that they might obtain the authority of their appointment and the necessary arms and that the refusal ..... mischief and trespass under the illegal search warrant inasmuch as the search warrant had been issued by the magistrate legally or illegally and the police were acting in good faith under the colour of their office.'the learned counsel for the appellants contends that this finding of the learned sessions judge ..... regulations and other acts which clearly show that the sub-inspector of police (p. w. 2) is an officer speciallv empowered in that behalf namely, notification no. 1874 p.d. dated the nth october, 1908 of the bengal government published in the calcutta gazette 1908, pan i, at page 1701, central act no. vii .....Tag this Judgment!
Court : Orissa
Reported in : 105(2008)CLT570; 2008(I)OLR98; (2008)16VST472(Orissa)
..... is likelihood and/or possibility of evasion of tax there must be some foundation for entertaining such a view. relevant portions of section 16-a of the act and rule 94 of the rules are extracted hereunder:16-a. establishment of check-post or barrier and inspection of goods while in transit-(1) if ..... the rules barriers and check posts are set up and officers are empowered to check any vehicle, seized goods carried in contravention of any provisions of the act or rules and to collect tax where there is likelihood of evasion of tax in respect of goods carried in any vehicle, boat. such provisions are ..... of assessment. therefore, the revenue authorities have exercised the power vested in them under rule 94 of the rules read with section 16-a of the act and collect tax from the petitioners at the check gate.5. in the above backdrop, now the question which falls for consideration by this court is ..... of the reports of the commercial tax officers with the counter affidavit. it is further stated that the consignors of fish are not registered under the act having their fixed place of business inside the state and are not permanent residents of the state of orissa for which tax is realized from them at ..... the petitioners further challenge that rule 94(4)(a) of the orissa sales tax rules, 1947 (hereinafter referred to as the 'rules') is ultra vires the act and that tax cannot be imposed on the ground of likelihood of evasion of tax.4. counter affidavit has been filed by the opposite party no. 2 .....Tag this Judgment!
Court : Orissa
Reported in : 2004(I)OLR465
..... the district magistrate in paragraph 18 thereof that the district magistrate admitted this position and it was further stated therein that the aforesaid three police cases were taken into consideration to show the past criminal and antisocial records of the detenu. referring to these facts, as stated in ..... the admissions made by the detaining authority in his counter affidavit in this regard. from the aforesaid, it appears that the grounds that were acted upon for issuing previous order of detention were also relied upon in the grounds of detention by the detaining authority in support of the impugned ..... kalna and ors. (air 1989 supreme court 1234 while considering the similar cases of detention under the provisions of gujarat prevention of anti-social activities act, 1985, the supreme court held the aforesaid view. it has been held by the supreme court in paragraph 15 of the aforesaid decision that ..... antisocial activities of the detenu continued unabated in spite of being arrested and charge sheeted in a number of cases and booked under national security act, 1980 earlier. the detenu did not spare even prime business centre and important public places like o.m.p. square of cuttack town. ..... shri titua alias anirudha sethi, son of udayanath alias aswini kumar sethi of chauliaganj talasahi, p.s. chauliaganj in the district of cuttack from acting in manner prejudicial to the maintenance of public order, it is necessary to make the following orders. now therefore, in exercise of the powers .....Tag this Judgment!
Court : Orissa
Reported in : 51(1981)CLT513
..... not merely a trustee or collector of the insurance policy amount but is the real person entitled to the same. the delhi high court dissented from a decision of the calcutta high court in lic of india v. united bank of india ltd.  41 comp cas 603 ; air 1970 cal 513.8. a full bench of the ..... view on kesari devi's case.9. this court had an occasion to consider the position of a nominee under sub-section (6) of section 39 of the insurance act. following the aforesaid full bench decision of the allahabad high court, it was held in malli dei v. kanchan prava dei, air 1973 orissa 83, that under a ..... the event of his (assured's) death to such nominee. there is no non obstante clause or the term 'exclusion of others ' in section 39 of the insurance act. therefore, the case relied on is not applicable to the facts and circumstances of the present case.7. the appellant also relies on the decision of kesari devi v. ..... policies for rs. 4,000 in which the appellant has been described as his nominee by the deceased. reliance has been placed on section 39 of the insurance act and it is contended that she being the nominee she is the only person who is entitled to draw the money and she has a right to get that ..... in the eye of law, because the appellant, as admitted by her, was the married wife of nitei sahu. before the coming into force of the hindu marriage act, according to the law existing at that time, a man could marry more than one woman but he could not marry the wife of another man. i have .....Tag this Judgment!
Court : Orissa
Reported in : I(1998)ACC307; 1999ACJ858; 84(1997)CLT851
..... 1988 acj 1122 (j&k;). similar view has also been expressed in the following decisions:(i) national insurance co. ltd. v. anjali mallick, 1993 acj 934 (calcutta);(ii) united india insurance co. ltd. v. c.d. munirathanam reddi, 1994 acj 1074 (ap);(iii) new india assurance co. ltd. v. khairunsi mirad hajarat ..... affecting contractual relationship with the insurer, the liability will be fastened on the insurance company. section 140(3) provides that even if any wrongful act, neglect or default on the part of the owner is not pleaded or not established the claimant will be entitled to obtain compensation to the ..... the provisions of chapter x will have overriding effect. otherwise the entire scheme becomes unworkable. thus, those provisions in chapter xi of the act making the insurance company liable and immunising it under specified contingencies are to be availed of for the purpose of wanting the provisions of chapter ..... been made to section 144 which provides that the provisions of chapter x shall have effect notwithstanding anything contained in any other provision of this act or of any other law for the time being in force. according to some of those decisions plea of breach of conditions available to ..... position is that the offending motor cycle was being driven by a minor. the insurance company raised an objection that under the motor vehicles act a minor is not entitled to get a driving licence and accordingly is not authorised to drive any motor vehicle. the insurance company contended .....Tag this Judgment!
Court : Orissa
Reported in : (2008)106CALLT192(NULL)
..... that after installation, erection and commission of the boiler, the goods in question cease to be the same goods for which agreement was executed at calcutta on 31.7.1995 is equally misconceived. as a matter of fact, the boiler which was transported from haryana to orissa pursuant to the lease ..... lease rent was agreed at rs. 23 lakhs per year.5. both the agreements, namely, the tripartite agreement and the lease agreement were executed in calcutta on 31st july, 1995. pursuant to those two agreements dated 31st july, 1995, ijt fabricated and supplied the said boiler and delivered it to the ..... which was transported from haryana to orissa pursuant to the lease agreement executed in calcutta. but then if the said erected, commissioned boiler is regarded as immovable property, no tax under section 2(g) of the ost act can be charged on the lease rental, as tax can only be charged on ..... tax under the provisions of the ost act?19. the preliminary objection raised by the revenue with regard to the maintainability of the writ petition may be taken up first. in this connection, reference may be made to the decision of the hon'ble supreme court in calcutta discpunt co. ltd. v. income ..... i, calcutta, reported in : 41itr191(sc) , wherein it was held as under:it is well-settled however that though the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting-without .....Tag this Judgment!
Court : Orissa
Reported in : AIR1994Ori46
..... if it is allowed by law which provides for acquisition of the right. in the absence of such provision the act taking away the right cannot be challenged. referring to calcutta gas company case, air 1962 sc 1044, the learned additional government advocate argued that the power to legislate is ..... a crime, and the property confiscated vests in the state. as we have seen, deprivation of property by confiscation is part of the sovereign police power of the state and subserves a public purpose -- to deter people from committing crime or to take the profit out of crime. confiscation ..... private property as the courts in the united states give under the 'due process' clause, and the american doctrines of 'eminent domain' and 'police powers' may again be found to be relevant for india.'it has been further explained by prof. tripathi that parliament as well as the legislatures ..... bira kishore deb. hereditary superintendent, jagannath temple, p.o. & dist, puri v. state of orissa, in which constitutionality of sri jagannath temple act, 1954 (act 11 of 1955) was challenged by the raja of puri.21. the beneficial interest enjoyed by a sevayat has been held to be 'property' within ..... to any share in the offerings placed in the hundi installed after the commencement of sri jagannath temple (amendment) act (act 10 of 1983) (hereinafter called '1983 amendment act'). the 1983 amendment act also provides for constituting a 'foundation fund' and section 28-c(9) makes similar restrictions for appropriation of any .....Tag this Judgment!
Court : Orissa
Reported in : AIR1952Ori215; 18(1952)CLT75
..... nothing else except disperse the crowdand refer the parties to the civil court. he has relied on his powers under sections 149, criminal p.c., and section 23 of the police act. this explanationcan hardly stand scrutiny. he admitted that hrudananda sahu was sitting in his car on the road and the process-server brundabana mohanty was also standing there and showing ..... a member of the orissa legislative assembly, and suggested (though not expressly) that on account of influence of sri dinabandhu sahu the magistrate as well as the sub-inspector of police acted in this unusual manner obstructing the due execution of process by the civil court process-server. the learned munsiff stated a miscellaneous case no. 107 of 1950 and after examining ..... the deputy superintendent of police and getting certain documents marked as exhibitsforwarded his report to this court along with important papers connected with the proceedings under section 144, criminal p.c., in the court of ..... execution of his duty is generally speaking a contempt of court.'the learned government advocate fairly did not urge that the act complained of would not amount to contempt of court.11. if the magistrate and the sub-inspector of police had acted in good faith under a mistaken view of their statutory powers i would have treated the whole incident somewhat lightly .....Tag this Judgment!