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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: orissa Year: 2000 Page 1 of about 51 results (0.039 seconds)

Jun 19 2000 (HC)

Bansidhar Panda Vs. Aparti Charan Panda (Having Died) Harekrushna Pand ...

Court : Orissa

Decided on : Jun-19-2000

Reported in : 2000(II)OLR166

..... vallabhalalji v. goswami shree mahalaxmi bahuji maharaj andanr.); air 1985 rajasthan 55 (damodar lai v. lalli lai and ors.) and paragraph 480 of mulla's hindu law. the learned counsel appearing for the plaintiff-respondent could not cite a single decision either of this court or of any other court where the adoption of ..... time and the courts have come to recognise that the bar contemplated in some of the texts/shastras of hindu law is confined to adoption of daughter's son, sister's son and mother's sister's son. this is clear from several decisions including that ..... 's son and mother's sister's son. the orthodox view of mulla's hindu law that no one can be adopted whose mother in her maiden state the adopter could not have legally married, has gradually been eroded in course of ..... , as sridhar could not have married draupadi. in the very paragraph of mulla on principle of hindu law relied upon by the trial court, it has been indicated that the said rule has been restricted in many recent cases to the daughter's son, sister ..... . 8. the next important question is as to whether such adoption was valid. the trial court has referred to paragraph 480 of mulla on principles of hindu law and come to the conclusion that defendant no. 3 being the son of draupadi, the neice (brother's daughter of sridhar), such adoption cannot be valid .....

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Aug 23 2000 (HC)

Rajendra Kumar Senapati, Binodini Swain, Krushna Chandra Puhana and An ...

Court : Orissa

Decided on : Aug-23-2000

Reported in : 91(2001)CLT75

..... (3) crimes 671 as well as upon the judgment of a learned single judge of karnataka high court in the case of a. v. dharma singh and others v. state of karnataka, reported in 1993 criminal law journal page 98. contrary view has been taken by this court in the case of rajendra panda and another v. state of orissa, reported in ..... that defendant may have ten peremptory challenges if offence charged is 'punishable' with death or by life imprisonment ; means deserving of or liable to punishment; capable of being punished by law or right, may be punished, or liable to be punished, and not must be punished,'37. thus, the word 'punishable' means 'capable of being punished or liable to be punished ..... judicial process may come under cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search- operations and may also undermine respect for law and may have the effect of unconscionably compromising the administration of justice. that cannot be permitted. an accused is entitled to a fair trial. a conviction resulting from an unfair ..... and regulation of operations relating to narcotic drugs and psychotropic substances and other matters as evident from the preamble, which runs as follows :'an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drug and phychotropic substances, (to provide for the forfeiture of property derived .....

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Aug 10 2000 (HC)

Narayan Rana Vs. Balasore Municipal Council

Court : Orissa

Decided on : Aug-10-2000

Reported in : AIR2001Ori1; 2000(II)OLR367

..... other proceeding in respect of matters or disputes for determining or deciding which provision is made in the said act shall be instituted in any court of law, except under and in conformity with the provisions of this act. section 14 as such was not attracted when the suit was filed in the year ..... this court while decreeing the suit observed that although the appellant has no right to continue in possession, he can only be evicted in due course of law. in the circumstances, the judgment of this court in second appeal no. 287 of 1977 is of no assistance. 7. it may be seen that ..... court in second appeal no. 237 of 1977 in which it was observed that the respondent cannot evict the appellant save and except in due course of law. the aforesaid second appeal arose out of title suit no. 43 of 1974 filed by the appellant for permanent injunction against the respondent which was dismissed ..... decreed in the second appeal restraining the respondent from interfering with his possession so long as he was not evicted from the suit land in due course of law. 4. five witnesses were examined on behalf of the respondent. documents (exts. 1 to 9) were also filed in its behalf. the appellant examined three ..... decrees of both the courts decreed the suit making it clear that the respondent would not interfere with his possession without evicting him in due process of law. accordingly, the present suit out of which this appeal arises was filed. 3. the case of the appellant was that thelease did not expire on .....

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Jun 19 2000 (HC)

Budha Bhoi Vs. Parsuram Bhoi and ors.

Court : Orissa

Decided on : Jun-19-2000

Reported in : 2000CriLJ4468

..... members of the first party nor there is evidence to the effect that the trustees passed any order in accordance with section 32 of the orissa hindu religious endowments act, 1951 dismissing or removing the second party from the hereditary sevayatship nor communicated any such order, if any, to him and therefore ..... the hereditary priest is riot doing the 'seva puja' then the trust board as well as the endowment authorities should proceed against him in accordance with law not only to remove him from his office but also to take away the possession of the land. if, however, he is doing the 'seva ..... of the first party have not stated that after formation of the non-hereditary trust board they decided the matter in accordance with the provision of law for removal of the second party from the post of sebayat and served him with such an order. it may be noted here that such ..... party. thus, while exercising revisional power this court thinks it proper to set aside the finding on possession and to reassess the same in accordance with law and rationality.10. it is the admitted case of both the parties that second party is the hereditary sebayat (priest) of the deity 'dharani devata'. ..... acceptance with due application of mind being remaining alive to the factual background and the legal requirements. keeping in view the aforesaid salient point of law contention of the parties are to be considered appropriately.9. on perusal of the written statements filed by both the parties and the evidence led .....

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Mar 07 2000 (HC)

Purna Chandra Rout Vs. State of Orissa and ors.

Court : Orissa

Decided on : Mar-07-2000

Reported in : 89(2000)CLT661; 2000(I)OLR433

..... are not conscious thereof, it is high- time to take note of the legal position and attend to the representations of the detenu in accordance with law expeditiously. but, if inspite of being conscious of the legal position they continue to deal with the representations in casual or indifferent manner, it only suggests ..... that the detenu was likely to be released on bail and in that event, he was likely to indulge in such prejudicial activities affecting public order. law is well settled in this regard that subsisting custody of a detenu by itself does not invalidate the order of preventive detention. but while passing an order ..... detenu continued and had gone beyond the normal law and order channel and as it was not possible to deter the detenu from committing offences affecting public order, there was no other way than to ..... and to maintain peace in the locality, cases under sections 107 and 110 of the cr.p.c. were also initiated against the petitioner by the law enforcing agency. in spite of all this, when it was not possible to curb the anti-social activities of the detenu, and the activities of the ..... that from the grounds of detention it is evident that the criminal activities of the detenu were receiving such momentum day-by-day that the normal law of the land was not sufficient to curb his anti-social activities, and with a view to maintain public order as well as peace and tranquillity .....

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Sep 21 2000 (HC)

Mittal Rice Mills (P) Ltd. Vs. State of Orissa

Court : Orissa

Decided on : Sep-21-2000

Reported in : [2001]122STC159(Orissa)

..... to be purchases after april 1, 1978.5. learned counsel for the petitioner has drawn our attention to the decision of the supreme court in deputy commissioner of sales tax (law), board of revenue (taxes) v, padinjarakara agencies [1985] 60 stc 308. that is a case where the petitioner had got some stock of paddy which was purchased at a lesser ..... tribunal') in its order confirmed the same. being aggrieved by the aforesaid order, petitioner filed a reference application before the tribunal and the tribunal has referred the aforesaid question of law enumerated in paragraph 1 for determination of this court.4. from a narration of relevant statutory notification, it is clear that if paddy is purchased for conversion into rice or ..... p.k. misra, j.1. in this reference application the following question was referred for determination of this court in accordance with law :'whether, in the facts and circumstances of the case, the tribunal is justified to support levy of purchase tax on paddy remaining stock as on april 1, 1978 and not .....

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Mar 14 2000 (HC)

Ananta Naik Vs. State of Orissa

Court : Orissa

Decided on : Mar-14-2000

Reported in : 89(2000)CLT693; 2000(I)OLR477

..... ashok kumar sharma (supra). in that context, this court while following the aforesaid ratio of this court, finds that learned s.d.j.m. on wrong appreciation of facts and law rejected the petition filed by the petitioner. under such circumstance, while setting aside his order dated 9.8.1999, this court directs learned s.d.j.m. to consider the ..... application of the petitioner afresh in accordance with law.7. since the order dated 9.8.1 999, as above, has been set aside and learned s.d.j.m. has been directed to consider the application for bail .....

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Aug 30 2000 (HC)

Kishore Chandra Panigrahi Vs. Parikhit Panigrahi and State of Orissa

Court : Orissa

Decided on : Aug-30-2000

Reported in : 2000(II)OLR411; 2000(II)OLR612

..... separate rights in it as separate property.'8. the crux of the matter is as to whether the parties are hindus governed by mitakshara school of hindu law and whether the property covered under ext. a was acquried out of joint family nucleus and if not whether the property after being acquired by the ..... his separate claim therein. the separate property of a hindu ceases to be a separate property and acquries the characteristic of a joint family or ancestral property not by any physical mixing with his joint family ..... pradesh, air 1970 sc 1722 relied upon by the respondent, the apex court has held that :'........the separate property of a member of a joint hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning ..... family is not a creature of a contract. every member in a hindu family has the eligibility of acquiring and possessing self acquired property i.e., the property acquired from his individual income or own volition from any other ..... be enjoyed by the family of which their father was the karta. in that connection the concept of common law governing the party must clearly be borne in mind that genesis of a hindu family is essentially genetic of course with the exception of induction of members by way of adoption. a hidnu .....

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Dec 15 2000 (HC)

Smt. Kuntala Mohanta Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Dec-15-2000

Reported in : 2001(I)OLR269

..... v. the idea of sri swaminathaswami swaminathswami thirukeli, air 1996 sc 1697. in that case question was with regard to conferment of property on wife under the provisions of the hindu succession act. its ratio has absolutely no application to the present case.5. we may now proceed to consider the decisions referred to by the learned counsel appearing for the ..... a decision of this court in chakradhar das v. orissa bridge and construction corporation limited, 1996 lab l.c. 1621. in that case, this court held that the son-in-law, though he does not come within the term 'family member' can be considered by relaxing the rule 16(1) of the orissa civil services (rehabilitation assistance) rules, 1990 as a .....

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Dec 04 2000 (HC)

State of Orissa and Other Vs. Janaki Sahoo and Others

Court : Orissa

Decided on : Dec-04-2000

Reported in : AIR2001Ori112; 91(2001)CLT113

..... is set aside and the trial court is directed to hear the matter afresh and pass necessaryorder in accordance matter afresh and pass necessary order in accordance with law. the parties are at liberty to file necessary' documents in support of their respective claims, if they so like.as an interim measure, i direct ..... , order was passed directing restoration of possession to the plaintiffs/respondents. learned counsel for the appellants submits that plaintiffs/respondents have been evicted by due process of law. in support of his claim, my attention was drawn to the petition filed by the appellants being misc. case no. 144 of 2000 wherein a prayer ..... ) cost of the suit may be decreed against the defendants.(g) plaintiffs may be given such other reliefs to which they may be entitled to under law and circumstances of the case.10. a conjoint reading of the relief sought for in the plaint and the prayer made in the application under order 39 ..... notice of the trial court and the trial court has proceeded on the assumption that there was no order of eviction, as per law.20. in my opinion, it is a fit case where the trial court should hear the matter afresh and pass necessary orders in accordance with ..... i.r. 1959 allahabad 1 (yar mohammad v. lakshmi das), wherein it has been held that 'law respects possession even if there is no title to support it. it will not permit any person to take the law in his own hands and to dispossess a person in actual possession without having recourse to a court. .....

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