Court : Orissa
Decided on : Jul-06-1983
Reported in : AIR1983Ori281; 56(1983)CLT209
..... the exercise of the power conferred on them.12. mr. ratho has invited our attention to the observations made in air 1981 all 139, yadav medical stores, allahabad v. state of u. p., that since the functions of the state have multiplied enormously, the ambit of rule of law has also ..... such allegations are more easily made than proved. circumstances creating a suspicion are not enough. the proof needed in this regard is of a high degree and mere flinging charges of oblique conduct would not be sufficient to establish mala fides. the public authorities had duly considered the case of the ..... every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore act arbitrarily in entering nto relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational ..... was interested for intensive pisciculture in which case the tank should be leased out to it on a long term basis at the rate of rupees 2,000/- per year. on enquiry, the tahsildar reported that no such co-operative society was interested and the collector, as per annexure-7, recommended ..... arbitrary, illegal and violative of the rules contained in the manual of tehsil accounts and instructions issued by the government, as per annexures 1 and 2, for giving preference to the co-operative societies or where no viable or genuine co-operative society of fishermen exists, to settle the fishery rights .....Tag this Judgment!
Court : Orissa
Decided on : Aug-03-1983
Reported in : 1983CriLJ1706
..... the prosecution witnesses. of the witnesses to the occurrence, p. ws. 4 and 10 had been cross-examined by the prosecution under section 154 of the evidence act as according to it, they had resiled from some incriminating statements said to have been made by them against the two appellants in the ..... marks mentioned in the inquest panchanama, through sheer 'inadvertence or by design'. the police officer who prepared the inquest panchanama was not an expert in medical jurisprudence. the possibility of his having mistaken the postmortem staining marks on the waist and shoulder of the deceased., for ante-mortem bruises, could ..... witnesses. we would, therefore, exclude ext. 14 from consideration. mr. patra has submitted that although the ocular testimony has been at variance with the medical evidence, the learned sessions judge has accepted the oral evidence for good reasons and this finding should not be interfered with.4. as to the production ..... .o. ii on the head of the deceased, would leave no injury thereon. 11. notice has been ..... did not notice any injury on the head. thus the evidence of p.ws. 1 and 2 regarding the assault on the person of the deceased by the appellant dibakar had been demolished by the medical evidence. it is unthinkable that a wanton assault by dealing several blows by means of m .....Tag this Judgment!
Court : Orissa
Decided on : Aug-11-1983
Reported in : 56(1983)CLT349; 1984CriLJ123
..... 7. before we close, we would like to observe that in a case of homicidal death the duty of the prosecutor is to bring in the evidence of the medical officer who had conducted the postmortem examination as to whether or not the injuries on the person of the deceased were anternortem in nature and sufficient in the ordinary ..... , the appellant, being armed with bow and arrows, came and shot two arrows at the deceased one of which hit and killed him. as could be seen from the medical evidence, the injury was sufficient in the ordinary course of nature to cause death although the doctor (p.w. 8) had not in terms, said so. the appellant ..... on chemical examination, blood had been detected in m.o. i although its origin could not be determined. the evidence of p.w. 1 had found support in the medical evidence, as rightly noticed by the learned sessions judge. p.w. 1 had not intervened when the occurrence had taken place nor was there any evidence that he had ..... autopsy, that the death of the deceased was homicidal in nature and this finding of the learned sessions judge has not been assailed. the evidence of p.w. 2 was that there had been a quarrel between the appellant and the deceased in the evening and the appellant had admitted this in his statement. the evidence of p. ..... b.k. behera, j.1. the appellant stands convicted under section 302. of the penal code and sentenced thereunder to undergo imprisonment for life by the judgment and order passed by the court of session after accepting the case .....Tag this Judgment!
Court : Orissa
Decided on : Sep-29-1983
Reported in : 1984CriLJ124
..... plea highly probable.15. we find that the appellant caused the death of his wife and inflicted injuries on his own person. but his acts were saved by section 84. i.p.c. from constituting an offence.16. in the result, the appeal is allowed and the appellant is acquitted of the offences ..... several marks of injuries on his person. he also found a knife sticking to an injury on the head of the appellant. he sent the appellant for medical examination, despatched the dead body of the wife of the appellant for post-mortem examination, and seized the bloodstained articles from the room where the dead body ..... one penetrating wound over the head measuring 1' x 1/4' x l' piercing the skull partially for a depth of 1/8' of an inch.(2) multiple incised wounds over the scalp and right ear.(3) one incised wound over the root of the penis partially cutting the penis on the dorsal aspect.9 ..... of the appellant were crying and that something unusual had happened in his house. the cry raised by purandar attracted the attention of p.ws. 1 and 2. the neighbours of the appellant. they came near the house of the appellant and found that the entrance door of the house was bolted from inside. ..... both the offences and sentenced to undergo imprisonment for life for the offence under section 302. i.p.c. and simple imprisonment for six months for the offence under section 309. i.p.c. both the sentences were directed to run concurrently.2. prosecution case may be briefly stated as follows:on the night of 7th january .....Tag this Judgment!
Court : Orissa
Decided on : Aug-24-1983
Reported in : 56(1983)CLT427; 1984CriLJ397
..... that he had concealed the 'tangi' and further that he led the investigating officer as well as the witnesses and gave recovery of the 'tangi' will be admissible under section 27, evidence act. this 'tangi' on being sent for sero-logical examination was found to be stained with blood, as would appear from the reports (exts. 13 and 13/1). the learned ..... and state of maharashtra v. an-nappa bandu kavtage : 1979crilj1089 . where the links have been satisfactorily established and the circumstances point to the accused as the probable assailant with reasonable definiteness and proximity to the deceased as regards time and situation and he offers no explanation, which, if accepted, though not proved, would afford a reasonable basis for a conclusion on ..... blow with a 'farsa', like m.o.l this statement was made after examining m.o.i. on being sent by the investigating officer. the medical evidence, therefore, corroborates the prosecution case.13. in his statement under section 313, criminal p. c, when all these incriminating materials were put to the accused, 1984 cri. l. j./26 iii the accused merely denied ..... 'farsa' in his hand and the accused running away from the place seeing pws 1 and .2;(iv) leading to recovery of m.o.i, by the accused while in custody and m.o.i, was found to be stained with blood; and(v) medical evidence to the effect that the injury on the deceased could have been caused by one blow .....Tag this Judgment!
Court : Orissa
Decided on : Mar-07-1983
Reported in : AIR1983Ori210
..... carried on in exercise of those mineral rights appears to us to be indistinguishable in the above context. that appears to be the intendment of the declaration contained in section 2 of the central act and that is so enacted in order to see that throughout the indian union, the rents, royalties and other taxes payable in respect pect of mining and minerals ..... the capital value of lands and buildings as the measure. it was held (para 5):--'..........tax on lands and buildings is directly imposed on lands and buildings, and bears a definite relation to it.......... but the adoption of the annual or capital value of lands and buildings for determining tax liability will not make the fields of legislation under the two ..... p. 1244): anant mills co. ltd. v. state of gujarat)'.........the court applies a spectrum of standards in reviewing discrimination violative of article 14. that spectrum comprehends variation in the degree of care with which the court will scrutinise particular classification and, that in the context of economic and tax matters, a classification made by the legislature is almost always sustained ..... of the high court was available to the aggrieved party was also taken into account in negativing the contention.in ahmedabad . v. state of gujarat, air 1967 sc 1916, the gujarat education cess act not providing its own procedure of assessment and in not giving the tax-payers an opportunity for putting forward their objections by way of representation, appeal or otherwise .....Tag this Judgment!
Court : Orissa
Decided on : Oct-24-1983
Reported in : 57(1984)CLT49; 1984CriLJ581
..... act). the food inspector filed the complaint against all the accused persons along with the ..... . j. m., berhampur. by order no. 1, dated 22-2-1980, the learned magistrate took cognizance under section 16(i) (a) (i) and (ii) of the act and summoned the accused persons. after a few dates the case was dealt ..... analyst's report, the chief district medical officer, ganjam gave his written consent for prosecution of all the accused persons including the petitioners, vide order number 1043 dated 18-2-1980 of the chief district medical officer, ganjam under section 16(1)(a) (i) and (ii) read with section 7(i) and section 14 of the prevention of food adulteration act, 1953(hereinafter referred to as the ..... written consent of the chief district medical officer in the court of the learned s. d .....Tag this Judgment!
Court : Orissa
Decided on : Dec-06-1983
Reported in : 57(1984)CLT158; 1984(I)OLR142
..... the chapter entitled 'general exceptions' though those exceptions are not repeated in such definition, penal provision and illustration.illustration xx xx xx xx xx xx '6. section 6 i. p. c. carves out or stands in the nature of a proviso to sectian-l06 of the indian evidence act and imposes an obligation on the court as well to consider the case of ..... d. pathak, c.j.1. the appellant khageswar pujari has been convicted by additional district and sessions judge, bhawanipatna under section 302 i. p. c. and sentenced to under go r. i. for life for murdering his daughter basanti, aged about 2 1/2 years.2. the facts of this case are telling and standing almost uncontroverted. the evidence on record as to the factum ..... was not discharged.'7. keeping the above principles in view, we may now scrutinise the evidence adduced by the prosecution on the aspect of insanity of the appellant.p. w.2 umasankar pujari is a cousin of the appellant. in cross-examination this witness has stated that 5 to 6 months prior to the occurrence the appellant was behaving as an ..... that the accused of the offence with the requisite mensrea : and the burden of proving that always rests on the prosecution from the beginning to the end of the trial.(2) there is a rebuttable presumption that the accused was not insane, when he committed the crime, in the sense laid down by 8-84 of the indian penal code ; the .....Tag this Judgment!
Court : Orissa
Decided on : Mar-25-1983
Reported in : AIR1983Ori242
..... right hand, if he wrote for a long period. he spent about rs. 7,000/- to rs. 8,000/- over his medical treatment. he was cross-examined by respondent no. 2; but nothing material has been brought out.13. taking the fact that the appellant was aged 55 years at the time of the ..... specific instructions to its drivers not to race with or obstruct other vehicles; the driver whose conduct was in question was engaged to drive and the act which did the mischief was a negligent mode of driving for which his employers must answer, irrespective of any authority or of any prohibition. so in ..... the supreme court in sitaram motilal kalal v. santanuprasad jaishanker bhatt, air 1966 sc 1697 and the supreme court held that the test was whether the act was done on the owner's business or that it was proved to have been impliedly authorised by the owner. there is a presumption that a ..... defendant, which, if he is to succeed in his defence must be overcome by contrary evidence, the burden on the defendant being to show how the act complained of could reasonably happen without negligence on his part. where, therefore, there is a duty on the defendant to exercise care, and circumstances in which ..... the brakes and steering system due to the . breaking of the right front wheel suspension link'. it further found that the state was not liable for the unauthorised act of respondent no. 1. so holding, it dismissed the application of the appellant.5. mr. d. nayak, the learned counsel for the appellant, contended that .....Tag this Judgment!
Court : Orissa
Decided on : Sep-07-1983
Reported in : AIR1984Ori67; 56(1983)CLT503
..... the code before the said order granting the plaintiff leave was passed.....'in seshamma v. suryanarayana, (1915) ilr 38 mad 643: (air 1914 mad 170 (2)), there was abatement against a defendant by reason of the failure of the plaintiff to bring his legal representatives on record, within the time allowed by law. ..... to withdraw the suit with liberty to file a fresh one. it was contended that by reason of the abatement of the suit as against defendant no. 2, there had arisen a formal defect in the constitution of the suit. otherwise also the case was one which would come under the expression 'other sufficient ..... decisions. consequent on the failure of the plaintiff to substitute the legal representatives and take steps for setting aside abatement, the suit abated against defendant no. 2 and having regard to the nature of the suit and the reliefs claimed, the abatement of the suit was in its entirety. the suit could not ..... by the privy council in chhaju v. neki, air 1922 pc 312 and observed that the expression 'sufficient grounds' occurring in clause (b) of sub-r. (2) of ft. 1 of order 23 should be construed ejusdem generis with the words 'formal defect' mentioned in clause (a) of the said sub-rule and ..... (4) of the civil p. c. (for short, 'the code') for exempting him from the necessity of substituting the legal representatives of defendant no. 2 about whose death he learnt 8 days before. an objection was filed by defendant no 3 to the effect that the said defendant had died on 15-3 .....Tag this Judgment!