Court : Orissa
Decided on : Aug-09-1982
Reported in : 54(1982)CLT345; 1983CriLJ122
..... patnaik, j.1. this revision is directed against an order taking cognizance of an offence of abetment of offence under section 7 of the essential commodities act, 1955 read with clause (3) of the orissa petroleum products (sale by dealers) order, 1979.2. the gist of the prosecution case is ..... been committed without the interposition of the alleged abettor is not enough compliance with the requirements of section 107....it is not enough that an act on the part of the alleged abettor happens to facilitate the commission of the crime. intentional aiding and therefore active complicity is the gist ..... by bid' (see trilok chand v. state of delhi : air1977sc666 ). 'a mere fact that the person accused of substantive offence could not have acted in the way he did without the approval and connivance of the person accused of abetment is not sufficient to prove abetment, under section 107 i.p ..... goes; conspiracy, as grose, j. said in king v. brisse (1803) 4 east 164 is generally a 'matter of inference, deduced from certain criminal acts of the parties accused, done in pursuance of an apparent criminal purpose in common between them. the number and the compact give weight and cause danger' (willes ..... of hints, insinuation or encouragement. the word 'instigate' means to goad or urge forward or to provoke, incite, urge or encourage to do an act. a mere intention or preparation to instigate is neither instigation nor abetment. the offence is complete as soon as the abettor has incited another to commit .....Tag this Judgment!
Court : Orissa
Decided on : Feb-04-1982
Reported in : 52STC50(Orissa)
..... upper limit of one per cent as may be notified on the taxable turnover, which is the scheme under the 1947 act ;(iv) the act does not lay down any guideline in respect of levy of tax under the latter acts on essential commodities like medicine, food, etcetera. while goods like liquor and opium are exempt from taxation, the scope for multi-point additional tax ..... mr. agarwala on this score has also no force.9. the next contention advanced on behalf of the petitioners is that the act does not lay down any guideline in respect of levy of tax under the 1975 act on essential commodities like medicine, food, etcetera. it has been argued that while goods like liquor and opium are exempt from taxation, multi-point liability ..... 1947 act are to be struck down. 3. a counter-affidavit has been filed by opposite party no. 1 ..... on essential commodities should not be sustained ; and(v) the rules made under the 1975 act as amended having not satisfied the requirements of section 29 of the .....Tag this Judgment!
Court : Orissa
Decided on : Jan-14-1982
Reported in : 1982CriLJ713
..... petitioner and the driver of the truck for contravention of clauses 2 and 11 of the orissa rice and paddv control order, 1974(1965?) punishable under section 7 of the essential commodities act. thereafter the petitioner moved th civil supplies authorities for withdrawal of the aforesaid case inter alia on the ground that he is a licensed wholesale dealer under the orissa rice ..... wholesale dealer. he relied on a decision reported in 45 cut lt 51:1978 cri lj 686)(hariram agarwala v. state of orissa) wherein it has been held that the act of carrying paddy in the truck does not amount to 'storing'. 'storage' in common parlance meaning connotes the concept of continued possession. transhipment in a moving vehicle would not amount .....Tag this Judgment!
Court : Orissa
Decided on : Jan-13-1982
Reported in : AIR1982Ori221; 54(1982)CLT265
..... is granting certificates regarding births and deaths since 1969. in cross-examination he has stated that under section 344 of the bihar and orissa municipal act, 1922, the register of births and deaths is being maintained by cuttack municipality. he could not say when the cuttack municipality by resolution decided ..... c. examinations of the students and regularly maintains the details of the candidates and marks obtained by them. it functions under the board of secondary education act and the regulations made thereunder. so the objection on behalf of respondent no. 3 cannot be accepted. 8a. on behalf of respondent no. 3, ..... (ramji missar v. state of bihar) and air 1976 sc 2566 (musakhun v. state of maharashtra) and argued that probation of offenders act is a social legislation which is meant to reform juvenile offenders so as to prevent them from becoming hardened criminals by providing an educative and ..... conditions provided under article 173 of the constitution viz., that he was less than 25 years of age at the material time. xx xx xx under section 36(7) of the r. p. act of 1951a certified copy of an entry ..... acts to hold that the age of the candidate as mentioned in the previous electoral roll should be accepted to be conclusive at an election dispute where his election is challenged on the ground that the said candidate was not qualified to stand at the election of legislative assembly because he lacked one of the essential .....Tag this Judgment!