Court : Orissa
Decided on : Jan-24-1969
Reported in : AIR1969Ori222; 35(1969)CLT261; 1969CriLJ1147
..... to the goddess kali. he was. under observation of the civil surgeon for a considerable time. the civil surgeon was of opinion that the? appellant had definite delusion, and that he was insane and could not distinguish right from wrong. after his arrest, the appellant was taken to his house where his father's ..... no. 157 of 1966, sarka gundusa v. state : (air 1969 ori 102). it was held therein that any and every type of insanity recognised in medical science is not legal insanity. every minor mental aberration is not insanity. there can be no legal insanity unless the cognitive faculty of mind is destroyed as a ..... onus. it is not easy to lay down the tests as to how insanity within the ambit of section 84 i. p. c. is to be established. insanity at the time of the commission of the act is to be established. if on the evidence it is found that the accused had guilty consciousness, the ..... great stress on two features, namely, (1) that while the accused ran amuck he was shouting 'victory to kali' and 'dustaku marenga, santhaku palenga', and (2) that he wanted to assault anybody who came on his way. these two features are not incon-sistent with the guilty consciousness. immediately after the accused committed the ..... they should have darshan of the goddess kali before filing the application. they proceeded towards the kali temple which was at a distance of about 1.1/2 furlongs from the jail road towards the north. the temple is situate on a hillock. the deceased was going ahead and p. w. 11 was .....Tag this Judgment!
Court : Orissa
Decided on : Jan-27-1969
Reported in : AIR1969Ori252
..... completion of his training. it is only to understand the meaning of the expression and the sense in which the management has understood it that one can look into the definition of this expression in the standing orders. in anycase, this is a question of fact and the learned tribunal after considering all the circumstances has come to the conclusion ..... the standing orders and section 5 says that on receipt of the draft standing orders, the certifying officer shall forward a copy ..... months from the date of which the act becomes applicable to an industrial establishment, the employer shall sibmit to the certifying officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment. sub-section (2) relates to matters which are to be provided for in the standing orders, section 4 prescribes the condition for certification of ..... they were submitted for certification in april 1960 and a reference in this connection was made to section 12a of the standing orders act. section 12a provides that notwithstanding anything contained in sections 3 to 12 for the period commencing on the date on which this act becomes applicable to an industrial establishment and ending with the date on which the standing orders as .....Tag this Judgment!
Court : Orissa
Decided on : Nov-05-1969
Reported in : AIR1970Ori163
..... resort to violent activities would also govern the specific incidents. we are unable to accept this contention. had there been any truth in this contention, definitely in instances (ii) and (iii) no reference would have been made to the petitioner. even asuming that there is substance in mr. mohapatra's contention, the position ..... order dated 6-9-1869 passed by the district magistrate, cuttack, in exercise of his powers under sub-clause (ii) of clause (a) of sub-section (1) of section 3 of the preventive detention act, 1950, directing that the petitioner shall be detained in cuttack jail until further orders. the impugned order of detention was ..... served on him as on the next day in pursuance of the provisions of section 7(1) of the act. the grounds may be enumerated hereunder.(1) you, taking advantage of the students' agitation since july 1969, protesting against the increase in ..... . organization .(vi) on 25-8-1969, the reader s. i. to the city a. s. p. was severely assaulted by the students in the medical college premises.(vii) on 27-8-1969 the state education minister was gheraoed by the students in the ravenshaw college premises between 6 p. m. to 1.50 ..... and the adequacy of the materials cannot be examined by a court of law. if however, any of the grounds is irrelevant or foreign to the act, or is so vague that the detenu would not be in a position to make an effective representation, then the order of detention is liable .....Tag this Judgment!
Court : Orissa
Decided on : Aug-13-1969
Reported in : AIR1970Ori220
..... we cannot shut our eyes to the fact that the said inspector is an experienced prosecutor and for the petitioner to be pitted against such a person at the enquiry definitely puts the delinquent petitioner at a disadvantage. such a contention was raised before this court in air 1962 orissa 78 referred to above. his lordship the chief justice in ..... . in this view of the matter, the second contention of mr. misra also succeeds. in the facts and circumstances of this case, the disciplinary authority acted contrary to the spirit of article 311(2) of the constitution in denying the representation of the petitioner by a lawyer at the enquiry, and thus deprived him of the reasonable opportunity guaranteed to the ..... was also prescribed in such rules. the procedure prescribed for enquiry against delinquent public servants, as contained in the aforesaid rule provides for 'reasonable opportunity' as contemplated under article 311(2) of the constitution, and, therefore, compliance with each of the requirements laid down by the rule in question should normally be insisted upon, as otherwise reasonable opportunity, which is ..... and the punishment ultimately rested on the eight remaining charges framed against the petitioner. aggrieved by the said order of discharge from service, the petitioner has come before this court.2. the opposite parties have filed a a counter-affidavit wherein it has been contended that the petitioner had inspected some records and was allowed to have copies from them, and .....Tag this Judgment!
Court : Orissa
Decided on : Jan-14-1969
Reported in : AIR1970Ori3; 35(1969)CLT218; 1970CriLJ60
..... . p. c. itis obligatory on the court to make neces-sary enquiries and endeavour to find outif the accused can be made to understand the proceedings and come to a definite conclusion. in the present case, the learned magistrate has simply recorded his conclusion that the accused is deaf and dumb which, in my opinion, is hardly sufficient to make such ..... be made to understand the proceedings with the help of his relations or friends, if any such person is available, and if he considers necessary, he may keep him under medical observation to enable him to, come to his conclusion. if he finds that1 the said accused can be made to understand the proceedings, he will proceed in the ordinary way ..... taking evidence.' in the kerala case referred to by the learned counsel, though the learned magistrate who conducted the earlier stage of the enquiry had got the accused kept under medical observation and the doctor's evidence had also been taken to the effect that the accused was deaf and dumb and unable to hear and reply to questions put by ..... , 324 and 323 read with section 34 i. p. c. has been committed to take his trial before the court of session. after making the commitment, the learned magistrate has made the present reference having come to the conclusion that the said accused who is deaf and dumb is incapable of being made to understand the proceedings. 2. shri a. b. misra .....Tag this Judgment!
Court : Orissa
Decided on : Jun-23-1969
Reported in : AIR1970Ori4
..... to have taken place, when the action was instituted. a decree may be necessary for working out the result of the severance and for allotting definite shares but the status of the plaintiff as separate in estate is brought about by his assertion of his right to separate, whether he obtains a ..... partition. but the question was finally settled by the decision of the privy council in girja bai v. sadashiv dhundiraj, 43 ind. app. 151 : (air 1916 pc 104) wherein itwas held on a review of the original texts and adopting the observations to the effect in suraj narain v. ikbal narain, (1912) ..... disruption of joint status amongst the coparceners resulting in numerical division of the property. the determination of quantum of shares of respective coparceners is a subsequent act of the court. upon such determination the coparceners are to be allotted their defined shares with effect from the date of severance of joint status. ..... joint status, yet in the present case the decree-holder being the maintenance-holder and not being entitled to severance of joint status by any act of her own, the date of filing the suit cannot be considered to be the date of partition for the purpose of deciding whether her ..... the district judge, jeypore, dated 17-12-65 passed in civil misc. appeal no. 2/63 reversing the order of the subordinate judge, jeypore, dated 19-12-64, and rejecting the objection of the judgment-debtor appellant made under section 47 of the code of civil procedure in an execution proceeding (e. p. no .....Tag this Judgment!
Court : Orissa
Decided on : May-16-1969
Reported in : 35(1969)CLT728; 26STC522(Orissa)
..... of goods from one state to another.the identical expression 'occasions the movement of goods' has been used in section 5(2) of the central act. section 5(2), so far as relevant, lays down :5. (2) a sale or purchase of goods shall be deemed to take place in the course of the import of the ..... diverted by the assessee for any other purpose. consequently their lordships held that the sales took place in the course of import of goods within section 5(2) of the central act and were therefore exempt from the madras sales tax. the principle laid down in khosla's case  17 s.t.c. 473 ..... liable to pay sales tax, then no purchase tax is leviable in respect thereof. this is exactly what has been enacted in section 3-b of the act. the proviso to section 3-b merely emphasises the fact that where purchase tax is leviable on particular goods or class of goods, no sales tax ..... appellate authority) and to the sales tax tribunal, orissa (the second appellate authority) failed. the petitioner filed an application before the tribunal under section 24(1) of the act to state a case and refer the following two questions :-(1) whether in the facts and circumstances of the case, the learned tribunal was ..... purchase tax. it is to be noted that by orissa act 28 of 1958, which came into force on 1st december, 1958, purchase tax was introduced. the definitions of 'dealer' and 'gross turnover' were amended to include purchases.3. section 3-b of the act was for the first time introduced in the statute. it .....Tag this Judgment!
Court : Orissa
Decided on : Oct-30-1969
Reported in : 1971CriLJ184
..... the theft committed in the said house of jagabandhu sahu at manjuri road where the deceased was . allegedly kept confined, the postmortem report of the medical officer, bhadrak and the facts and circumstanoes of the case, i am quite clear in my mind to conclude that there is absolutely no evidence ..... insufficient grounds. in the present oase, it is not disputed that the executive magistrate. 1st class received the complaint for enquiry under section 202, criminal p.c. on 2.3.65. notice was given to the police authorities and repeated adjournments appear to have been taken by them on applications expressing ..... to be in the nature of answers eliaited to questions put by the court. the learned s. d. m., who passed the order under section 203, criminal p.c., while dismissing the complaint has himself observed:,''it clearly appears that the learned magistrate allowed some questions to be put to ..... the com. plaint, if after consideration of the statements on oath of the complainant and witnesses and the result of investigation or enquiry, if any under section 202, criminal p.c., he in his judgment thinks that there is no sufficient ground for proceeding. the supreme court in the decision reported in : ..... a moving train. this complaint was sent by the 8. d. m., bhadrak to the magistrate, 1st class (exe. cutive) for enquiry under section 202, criminal p.c. the enquiring magistrate submitted his report on 19 6-65 expressing the opinion that the complaint was malicious and did not warrant .....Tag this Judgment!
Court : Orissa
Decided on : Jan-27-1969
Reported in : AIR1969Ori224; 35(1969)CLT874
..... illegal, the petitioner urges:(1) that he was not allowed reasonable opportunity to defend himself by proving official documents to show authority under which he acted;(2) that the order directing that the period of suspension will not be treated as period spent on duty is illegal because it was passed without ..... government servant must be held to be an objective rather than a subjective function. the very nature of the word 'function' implies the duty to act judicially. in such a case, if an opportunity to show cause against the proposed action is not afforded, as admittedly it has not been done ..... to do under the rules and it is after such consultation that final orders were passed. there is nothing on record to indicate that government acted mala fide in imposing these punishments.5. there then remains for consideration the three other objections pressed by the petitioner. by the time the ..... did not, and in our opinion rightly, press his contention that the enquiry conducted against the petitioner was not full and fair and the government acted mala fide in imposing the several punishments on the petitioner. we are also satisfied on perusing the report of enquiry that all reasonable facilities had ..... their lordships of the supreme court in gopalakrishna nayudu v. state of madhya pradesh, 1968-2 lab lj 125 : (air 1968 sc 240). in that case, an overseer was suspended from service and was prosecuted under section 161 i. p. c. the trial resulted in his conviction but that was set aside .....Tag this Judgment!
Court : Orissa
Decided on : Mar-10-1969
Reported in : AIR1969Ori228; 35(1969)CLT496; 1969CriLJ1149
..... by shri pradhan on 3-8-65 alleging criminal misappropriation in respect of cash and petrol by his predecessor, investigation was taken up and ultimately a chargesheet was submitted under section 409, 465 and 467, i. p. c. which was registered as g. r. case no. 369 of 1965. during investigation, the i. o. alleging to ..... principle of cardinal importance in the administration of justice that proper freedom and independence of judges and magistrates must be maintained and they must feel that they should act freely and fearlessly, a valuable privilege always recognised and zealously guarded, the learned magistrate has failed to remember that it is all the more necessary that in ..... , a conclusion which justice demands, that these are exceptional cases where the inherent jurisdiction of the court should be exercised and the remarks referred to in paragraph 5 (ii) of the application in crl. misc. case no. 158 of 1967 and the remarks complained of in the other four criminal misc. cases be expunged from the ..... office, p. w. 4 submitted a detailed report to him on 31-7-65 withregard to the shortage of petrol and cash and ex. 10/2 is that report. a copy of this report was also sent by him to the d. i. g. the evidence of p. w. 21 is that on ..... 2-8-65 being instructed by petitioner he proceeded to khurda, recorded the f. i. r. (ex. 16), took up investigation against the accused and ultimately g. .....Tag this Judgment!