Orissa Court December 1984 Judgments
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Anchalika Pallibikash Jubak Sangh Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-1984
Reported in: AIR1985Ori244; 1985(I)OLR115
Behera, J.1. The Anchalika Pallibikash Jubak Sangh at Khanati through its General Secretary has in this writ application challenged Annexure-7, the decision of the State Government, for establishment of an Ayurvedic dispensary at Kadaba and not at Khanati for which a demand had been raised by the villagers.2. As has been submitted before Us by Dr. Dash, for the petitioner and Mr. R.K. Patra, the learned Additional Governement Advocate, there are no statutory provisions governing the establishment of such dispensaries and giving guidelines as to their locations. The Collector, Puri (opposite party No. 2) had recommended for establishment of this dispensary at Khanati and had reiterated his recommendation to a further query made by the State Government, but after due consideration of the claims of and objections from all quarters, the State Government decided to establish the dispensary at Kadaba. No constitutional mandate has been infringed nor any statutory provision has been violated....
Divisional Forest Officer, Kendu Leaf Division Vs. Jaganath Pradhan an ...
Court: Orissa
Decided on: Dec-21-1984
Reported in: [1985(50)FLR129]; 1985(I)OLR125
R.C. Patnaik, J.1. The short question that falls for consideration in this batch of writ applications filed by the Divisional Forest Officer, Kendu Leaf Division, Deogarh, challenging the decision of the Labour Court granting compensation to the employees on their retrenchment, is whether the Kendu Leaf Division is an 'Industry' ?2. Each of the employees filed an application under Section 33C(2) of the Industrial Disputes Act against the petitioner claiming retrenchment benefits. Each of them claimed to have worked for more than 240 days in a full calendar year.3. Their factual assertions were not controverted. Objection to the maintainability of the application was raised on the ground that the Kendu Leaf Division was not an 'Industry' within the meaning of Section 2(j) of the Industrial Disputes Act. The Labour Court granted the relief holding that the Kendu Leaf Division was an industry.4. Mr. R.K. Patra, the learned Additional Government Advocate, has urged that the venture carried...
State of Orissa Vs. Sudaya Chandra Behera
Court: Orissa
Decided on: Dec-21-1984
Reported in: 1985(I)OLR184
B.N. Misra, J.1. This appeal under Section 39(1)(vi) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is directed against the order dated 15. 5. 1980 in M. J. C. No. 115 of 1980 and judgment dated 15. 5. 1980 in T. S. No. 124 of 1979 passed by the learned Subordinate Judge, Berhampur.2. The respondent is a contractor. The appellant had entrusted him with the execution of 'Construction of First Floor of Engineering School Staff Quarters at Berhampur' under agreement No. 3-F-2 of 1967-68. After disputes arose between the parties, on being moved by the respondent, the Chief Engineer, Roads & Buildings, Bhubaneswar, appointed the Superintending Engineer, National Highway, Circle No. 4 . as the Arbitrator to decide the disputes between the parties. After considering the statements, oral and documentary evidence adduced by the parties, and after hearing both the parties, the learned Arbitrator on 19. 11.1979 made an award of Rs. 66, 923. 56 in favour of the respondent. The...
Mohan Behera and Two ors. Vs. State
Court: Orissa
Decided on: Dec-21-1984
Reported in: 1985(I)OLR90
B.K. Behera, J.1. Accused of an offence punishable under section 307 react with section 34 of the Indian Penal Code, the petitioners seek an order under section 438 of the Code of Criminal Procedure (for short, 'the Code') for anticipatory bail. As averred in the application and submitted before this Court, the petitioners had been arrested and released on bail by the investigating police officer in the course of investigation and three other persons accured of the same offence in the same case had been released on bail at that stage under section 438 of the Code. A charge-sheet has now been placed, cognisance has been taken and it has been submitted on behalf of the petitioners that in pursuance of the warrants of arrest issued against the petitioners, the police agency is searching for them for their arrest and production in the Court of the learned Subdivisional Judicial Magistrate, Nayagarh. One of the petitioners is said to be a Law Graduate who has applied to the State Bar Counci...
Juria Alias Jurinath Gauda Vs. State of Orissa
Court: Orissa
Decided on: Dec-21-1984
Reported in: 1985(I)OLR97
ORDER1. We have heard Mr. Das for the petitioner and Mr. N. C. Panigrahi, the learned Addl. Govt. Adv.2. Accused of commission of an offence of murder, the petitioner seeks his release on bail after unsuccessfully moving the Court of Session. In Criminal Miscellaneous Case No. 404 of 1984, this Court had rejected an application for his release on bail by its order, dated July 2, 1984, with a direction for expeditious trial.3. It has been brought to our notice that in spite of the specific order passed by this Court for expeditious trial, the police authorities have not produced the petitioner, who is in custody and is said to be ailing, in the Court of the learned Sessions Judge since July 17, 1984 and there have been a number of adjournments for the non-production of the petitioner in custody on the ground of shortage of police personnel in spite of issue of escort requisitions by the learned Sessions Judge. Production of under-trial prisoners in custody for the expeditious disposal o...
Juria Vs. State of Orissa
Court: Orissa
Decided on: Dec-21-1984
Reported in: 1985CriLJ1487
ORDER1. We have heard Mr. Das for the petitioner and Mr. N. C Panigrahi, the learned Additional Government Advocate.2. Accused of commission of an offence of murder, the petitioner seeks his release on bail after unsuccessfully moving the Court of Session. In Criminal Miscellaneous Case No. 404 of 1984, this .Court had rejected an application for his release on bail by its order dt July, 2 1984, with a direction for expeditious trial.3. It has been brought to our notice that in spite of the specific order passed by this Court for expeditious trial, the police authorities have not produced the petitioner, who is in custody and is said to be ailing, in the court of the learned Sessions Judge since July 17,1984 and there have been a number of adjournments for the non-production of the petitioner in custody on the ground of shortage of police personnel in spite of issue of escort requisitions by the learned Sessions Judge. Production of under-trial prisoners in custody for the expeditious ...
Kalicharan Paikaray and anr. Vs. Benga Bewa and ors.
Court: Orissa
Decided on: Dec-18-1984
Reported in: AIR1985Ori58; 1985(I)OLR62
R.C. Patnaik, J.1. Jayadeb Biswal (petitioner in O.J.C. No. 493 of 1978) filed an application on. 15-1-77 before the Revenue Officer, Nimapara, under Section 36-A, Orissa Land Reforms Act (for short, 'the Act') for a declaration that the land, 1.10 acres in extent, appertaining to plot No. 1665 under Khata No. 308 and plots Nos. 1638 and 1640 under Khata No. 386 in Mouza Biswalsahi in the district of Puri which was under his cultivation as a tenant was non-resumable and for determination of fair and equitable rent and the compensation payable by him. The application was registered as O.LR. Case No. 2704 of 1976. Notice was issued to Kalicharan Paikray (petitioner in O.J.C. No. 467 of 1978) arrayed as the landlord A proclamation inviting objections was also issued By order dated April 19, 1977, the Revenue Officer called for a report from the Revenue Inspector and directed consultation with the local committee. By May 17, 1977 neither report from the Revenue Inspector nor from the Local...
Sukru Harijan Vs. State of Orissa
Court: Orissa
Decided on: Dec-18-1984
Reported in: 1985(I)OLR50
Pathak, C.J.1. This appeal from jail is directed against the judgment and order passed by the learned Additional Sessions Judge, Bhawanipatna, in Sessions Case No. 20-K/22 of 1980 convicting the appellant under Section 302, I. P. C and sentencing him to undergo R. I. for life.2. A short narration of the facts leading to the present appeal is that on the 30th August, 1979 the appellant and his third wife Satyabati, the deceased, were sleeping together at night in the Mancha situated at the back side of their house. While they were talking, some unknown persons focused a torch-light towards the Mancha. Some time thereafter, the deceased went out saying that she would attend the call of nature. As the deceased did not return for a long time, the appellant fell asleep. But subsequently when he woke up and looked for his wife, he did not find her. He, therefore, went out to find the deceased when he saw two persons leaving the premises by focusing a torch-light. When Satyabati came back, th...
Chandrama Saha Vs. Divisional Forest Officer and anr.
Court: Orissa
Decided on: Dec-18-1984
Reported in: 1985(I)OLR130
ORDER1. In a proceeding under Section 56 of the Orissa Forest Act, the vehicle bearing registration number OSS 2021 was seised. By order, dated 19. 3. 1984, the vehicle was confiscated.2. The Divisional Forest Officer, Baliguda, Forest Division, informed the husband of the petitioner that a ban had been imposed on the truck bearing registration number OSS 2021 for transportation of forest materials as per office Memo No. 2344(11) dated 23. 3. 1984. In pursunce of our direction, the learned Additional Government Advocate produced the Memo No. 2344(11) dated 23. 3. 1984 which reads as hereunder.'I like to inform you that the Authorised Officer, Balliguda has pronounced his final orders in respect of Offence Case No. 191/4 of Balliguda Division has confiscated truck No. OSS 2021 in favour of the State of Orissa.In his findings he has declared conivance of the following persons. Hence they may not be engaged as transport contractors for carrying any forest materials for any purpose any whe...
N. Sureya Reddy and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-17-1984
Reported in: 1985(I)OLR105
D.P. Mohapatra, J.1. Though the application under Section 439 read with Section 482 of the Code of Criminal Procedure was filed by N. Sureya Reddy and N. Pandeyya @ Pandeyya Reddy for being enlarged on bail, at the time of argument the learned counsel pressed the application for petitioner No. 1 N. Sureya Reddy alone. The sole ground on which the application is filed is that the investigating agency having failed to file the charge-sheet within a period of 90 days from the date of arrest of the petitioners, they are entitled to be released on bail as provided under Section 167(2), Proviso (a) (i), Cr. P. C.2. The admitted factual position is that the petitioner was arrested by the police on 8. 5. 1954 in connection with Chatrapur P.S. Case No. 99 of 1984 which is now pending before the Court of Session, Berhampur, in S.C. No. 155 of 1984. The charge-sheet was submitted on 6. 8. 1984, i.e, on the 91st day of arrest. The 90th day from the date Of arrest fell on 5. 8. 1984, a Sunday.While...
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