Court : Orissa
Decided on : Mar-02-1976
Reported in : AIR1976Ori181; 42(1976)CLT507
..... made from the municipal fund contrary to law where such illegal payment has been authorised by him while acting as a councillor. he also invited our attention to sub-section (2) of section 94 of the act which requires any councillor to call the attention of the chairman to any waste of council's property. ..... an assistant surgeon. he was not registered as a medical practitioner as required under section 15 of the indian medical councils act (ii) no prior sanction of the state government had been obtained for creating the post of second medical officer as required under section 73 of the orissa municipal act. (iii) the order of appointment in annexure ..... characteristics of the writ of quo warranto and the history of its development in england would appear from the leading case of the king v. speyer, (1916) 1 kb 595. lord reading c. j. pointed out that originally a writ of quo warranto was available only for use by the king against ..... m. s. m. diploma which had been recognised by government as equivalent to m. b. b. s. degree. the qualification prescribed in the advertisement (annexure a/3) was either a m. b. b. s. degree or a d. m. s. m. diploma. thus the requirement of the advertisement was satisfied. it appears from ..... the letter dated 13-11-1065 (annexure t/3) from the chairman of the n. a. c. to the director of health services that the post of medical officer under the state .....Tag this Judgment!
Court : Orissa
Decided on : Nov-26-1976
Reported in : AIR1977Ori128a
..... got admitted in 1970. results were published in november, 1974, and petitioner was not shown to have come out successful. regulations framed under section 53 of the homoeopathic act provide for the setting up of the medical faculty of homoeopathy and under the regulations in cases of extreme hardship, the faculty (which is responsible for the holding of examinations) has power ..... same petitioner. in the first case, she has asked for a writ of mandamus restraining the state government, the orissa state board of homoeopathic medicine and the orissa state medical faculty of homoeopathy from implementing the faculty resolution of november, 1975 (annexure 5), canceling the results. in the second application, petitioner has asked for a direction to the ..... extracted the entire text of the resolution. the justifications for the resolution as given therein are (i) the resolution has not been approved by the state government; and (ii) government (have intimated that a review of the results after the same were published is beyond the jurisdiction of the faculty or the board. we have already indicated that ..... act was amended authorising government to vest the powers of the board in the president alone and on 17-5-1974, government appointed sri chintamoni mohapatra as the president of the board and authorised him to exercise all the powers of the board. the government homoeopathic medical college at bhubaneswar is affiliated to the homoeopathic board which conducts examinations and awards degrees .....Tag this Judgment!
Court : Orissa
Decided on : Apr-30-1976
Reported in : AIR1976Ori175; 42(1976)CLT648
..... own right once permitted by the tribunal. thus the contractual right under the policy bond may well be exercised in addition to the enabling provision under sub-section (2-a) of section 110-c of the act. 5. in the order of reference, the learned single judge observed that the view of the division bench was contradictory to what was expressed by a learned ..... . we are, however, not prepared to accept mr. patnaik's contention that sub-section (2-a) is a statutory incorporation of the judicial opinion. on the other hand, sub-section (2-a), appears to be a provision in the background of section 96 (2) of the act. in the eventuality indicated in section 110-c (2-a) and in the absence of a provision in the policy bond in ..... b. i. g. insurance co. ltd. v. itbar singh, air 1959 sc 1331 holding that an insurer is not entitled to take any defence which is not mentioned in sub-section (2) of section 96 of the act are all decisions in which the insurers were given notice in proceedings by way of suit as contemplated under the provisions of ..... of the supreme court, three propitions seem to have become settled; (i) an insurer is not entitled to resist a claim on a ground not enumerated under section 96(2) of the act, (ii) section 96 (2) of the act deals with defences other than those based on conditions of a policy, and (iii) where conditions of the policy so provide, an insurer has the right to .....Tag this Judgment!
Court : Orissa
Decided on : Nov-01-1976
Reported in : AIR1977Ori107
..... is appropriate that we should first refer in brief to the disqualifications of the petitioner. as already narrated, he has a conviction to his credit for an offence punishable under section 304 of the indian penal code which he has asked to be relieved of by preferring an appeal and it is still pending. of the six criminal cases against the ..... r.n. misra, j. 1. petitioner applied to the principal lingaraj law college located at berhampur, for admission to the pre-law class of the bachelor of law degree course for the 1976-77 session. petitioner possessed the requisite qualification and was selected for admission. on payment of rs. 105/- he was duly admitted to the pre-law class ..... cancelled.........'the fees collected from the petitioner were refunded by a cheque and the documents submitted by the petitioner at the time of admission were returned (vide annexure 2). petitioner challenges this act of the principal as grossly violative of the rules of natural justice and denying the petitioner the right to study in a college maintained at the expenses of the ..... .c.b. medical college at cuttack and the- main question for consideration was whether in awarding punishments, principles of natural justice were relevant. the court quashed the punishments by holding:--'(i) there was no unfettered en absolute discretion vested in any of the college authorities in the matter of awarding disciplinary punishments like rustication and expulsion for acts of misconduct; (ii) ......... ......... (iii) the .....Tag this Judgment!
Court : Orissa
Decided on : Sep-20-1976
Reported in : (1977)ILLJ457Ori
..... executive engineer of the city distribution division clear y support the petitioner's stand that superannuation was connected with medical fitness i he fur her fact that several employees of this category had been permitted to serve unit death, long after the age of ..... employees shall continue in service till they are medically fit. ail the other allegations made in his paragraph (paragraph 5 of the writ application; are mot admitted and the petitioner is put to ..... the condition of service of the petitioner was to the effect that the latter would be entitled to continue his service till he is found medically fit...in paragraph 9 of the counter-affidavit, it has been pleaded :.the standing orders as certified did not contain the provision that the ..... of one month from the date of issue of this memo, his services will be terminated if he fails to produce the medical fituess certificate from the above medical officer.the genuineness of exts. 7 and 8 has not been challenged at the hearing these two orders assured by the ..... ii) in any other case, the attainment by the employee of the age of fifty, eight years.undoubtedly this act is primarily concerned with ensuring payment of gratuity and as sub-section (s) of section 4 shows, it is not the intention of the act to deprive the employee,-of any better terms of gratuity than provided by tae statute. going by the definition .....Tag this Judgment!
Court : Orissa
Decided on : Aug-16-1976
Reported in : 109ITR667(Orissa)
..... which the payment had been made contained wealth of information about the design, lay out, et cetera. relying on the definition of ' plant' given in section 43(3) of the act which includes 'books', the tribunal held that the report containing the know-how could be equated with a book as ..... of the nature of capital expenditure or revenue expenditure in which latter event only it would be a deductible allowance under section 10(2)(xv) of the income-tax act. the question has all along been considered to be a question of fact to be determined by the income-tax authorities ..... the termination of the existing licence and also to purchase the pharmaceutical products manufactured by the assessee in the tincture factory to meet its medical requirements. the government was entitled to nominate a director on the board of directors of the assessee but he did not have voting power ..... the german company'). during the material time the shareholdings in the assessee-company were in the following proportions :(i) tisco, tatas and their associates ... 61% (ii) maharaja of jeypore ... 28% (iii) the german company ... 11% 5. the authorised capital of the assessee-company was rupee five crores divided into five lakh ..... was not a case of sharing the net profit, but, on the other hand, it was a case of remuneration for specific services rendered ' 2. in regard to the assessment year 1963-64, the following question has also been referred :' whether depreciation and development rebates were allowable to the .....Tag this Judgment!
Court : Orissa
Decided on : Jan-21-1976
Reported in : 1976CriLJ2004
..... the approver p.w. 23 was standing close just below the veranda. these details of the manner of the killing completely fit in with the medical evidence of the doctor p.w. 24 who did the postmortem examination, ............some of the accused persons have given information leading to discovery of stolen ..... corroboration from independent source. undoubtedly, an accomplice when granted pardon in accordance with law becomes an approver. under the provisions of section 133 of the evidence act,an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon ..... 135. lord du parcq speaking for the board observed:.......... no doubt the evidence of accomplices ought as a rule to be regarded with suspicion. the degree of suspicion which will attach to it must however vary according to the extent and nature of the complicity: sometimes, as was said by sir ..... been relied upon to support the prosecution case, because-(i) p.w. 23 had never been implicated as an accused person in the case;(ii) the entire evidence given by this witness was exculpatory in nature; and(iii) the evidence of p.w. 23 required corroboration on material particulars ..... virtually one trial and essentially the judgments are one, the two appeals were heard together and this common judgment shall dispose of both the appeals.2. malla biswanath was a resident of village haradamara situated in the hilly tracts of jarada police station on the orissa-andhra border and had .....Tag this Judgment!
Court : Orissa
Decided on : Jul-28-1976
Reported in : 42(1976)CLT1035; 1977CriLJ700
..... and the appeal was lying before the sessions judge. the case had been sent back for recording the evidence of the investigating officer and the medical officer to be transmitted to the sessions judge for disposal of the appeal. in this context, the trying court has no part to play excepting ..... prosecution witnesses were to deposit rs. 170/-and had only deposited rs. 50/-. it is not disputed that the appellant had issued summons to the medical officer on 18-11-1968 although the witness batta for him had not been deposited. it is also not disputed that the appellant proceeded on ..... 1966. the learned sessions judge accepted the contention and sent back the case for taking additional evidence of only the i.o. and the medical officer who had admittedly in the meantime retired. therefore, the office put up a note that a sum of rs. 170/- need be deposited by ..... , an appeal was preferred before the sessions judge, puri. while hearing the same, a contention was raised on behalf of the convicted appellants that the medical evidence and the evidence of the i.o. were very much necessary for disposal of the appeal arising out of g.r. case no. 58 of ..... , sub-section (1) of the prevention of corruption act.(hereinafter referred to as the act) is applicable. his categorical findings are : (i) the attempts to establish a fitting background for payment of illegal gratification clearly fail; (ii) the case of the prosecution that the accused demanded and accepted on a previous occasion rs. 20/- .....Tag this Judgment!
Court : Orissa
Decided on : Mar-05-1976
Reported in : 1976CriLJ1342
..... the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established. secondly those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. thirdly, the circumstances, taken cumulatively should form a chain so completed that there is no escape from ..... hearing the gun report and the rumour that the deceased-who was popularly known as zamindariani, had been shot at rushed to p.w. 1 for medical aid. p.ws. 11 and 12 are the two investigating officers. the former submitted the charge-sheet on 21-11-1973 and it is the latter ..... passed by the sessions judge, sambalpur in sessions case no. 1 (s) of 1974 on 29-8-1974. wherein the respondent was facing trial under section 302, indian penal code for having intentionally caused the death of his wife subarnamanjari dei on 22-8-1973 at his residence in village rajpur by firing ..... everybody. there can be only three possibilities in this case, namely, an outsider having any grudge against the deceased might have come in and done the act; or any other inmate of the house; or the accused himself. the first possibility can be eliminated outright for any such assailant could not possibly ..... liver tissue was protruding. the wound was 6' deep and its direction was horizontal to the foot. besides these, there was an ecchymosis 2 1/2'x 1' 1/2' behind the elbow joint of the right arm. on dissection the material things that he found within the wound were six pieces of round .....Tag this Judgment!
Court : Orissa
Decided on : Feb-09-1976
Reported in : 42(1976)CLT499; 1976CriLJ2010
..... would be culpable homicide not amounting to murder. therefore, the conviction should be altered from section 302, indian penal code to section 304, part ii indian penal code.8. section 86, indian penal code says that in cases where an act done is not an offence unless done with a particular knowledge or intent, a person who ..... it can be inferred that he was in any state of intoxication at the time when he committed the murder. the state of intoxication, envisaged in section 86 i.p.c., must be such as would render the accused incapable of forming the specific intent essential to constitute the crime. therefore, mere ..... plea taken in the trial court is not sustainable on the evidence on record. he, however, wants to urge another line of defence based under section 86 of the indian penal code. his argument is that the prosecution has led evidence that the appellant had taken some liquor and the learned sessions ..... appellant dealing five successive blows on the deceased killing him instantaneously. it was broad day light then. his evidence is fully corroborated by the medical evidence. the chemical report shows that the axe m. o. i was stained with blood though it was too small for serological test. the dhoti ( ..... , the normal presumption is that a man intends the natural consequences of his acts. it is for the appellant to lead evidence to rebut such a presumption by giving evidence of his drunkenness and proving the degree of his intoxication to show that his mind was so affected by drink that he .....Tag this Judgment!