Orissa Court April 1991 Judgments
Subesh Chandra Sasual and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-30-1991
Reported in: AIR1992Ori25
S.C. Mohapatra, J.1. This is an application invoking extraordinary jurisdiction of the Court under Articles 226 of the Constitution for direction to constitute a Managing Committee of an Aided High School.2. Pancha Panchava Sailabala High School, Dhanisho is an Aided Educational Institution under the Orissa Education Act, 1969 (hereinafter referred to as 'the Act'). As provided in Section 7 it has a Managing Committee, constituted under the Orissa Education (Management of Private Schools) Rules, 1980 (hereinafter referred to as 'the Rules'). Such Managing Committee constituted by order of the Inspector on 30th December 1985 as per Annexure 1 in exercise of power under Rule 4(3) of the Rules. Term of the members of the Committee and the Committee itself was three years as provided in Rule 3(6) and Rule 6(1) of the Rules. Thus, being duly constituted on 30-12-1985, term of the members and the Managing Committee was to expire on 30-12-1988. Under Rule 4(1) of the rules, Managing Committee...
Tag this Judgment!Rinakar Nayak Vs. Akshaya Kumar Mahakud and anr.
Court: Orissa
Decided on: Apr-30-1991
Reported in: 1991(II)OLR77
L. Rath, J.1. This is a revision at the instance of the informant against the judgment of acquittal in a casein which the opp party No. 1 stood trial under Secs. 325/307, IPC The petitioner is the father-in-law of the opp: party No. 1 (hereinafter referred to as the opp. party. The facts briefly narrated are that the opp, party's wife after having led married life for eight years and giving birth to a female child had gone away to the house of her parents and was staying there. The opp. party had also gone there and was staying in the house of his father-in-law. On the date of occurrence, the opp. party asked his wife PW 1 to accompany him to their village. The later having refused, the opp. party got enraged and saying that he Would kill his brother-in-law, PW 11, rushed inside the room where he was sleeping and struck his head with a crowbar causing injuries on the head and thereafter came away running to the cowshed and created panic by revolving a crowbar and went on dashing his he...
Tag this Judgment!State of Orissa Vs. Rebati Bewa and ors.
Court: Orissa
Decided on: Apr-30-1991
Reported in: I(1992)ACC597; 1993ACJ648; 1991(II)OLR440
K.C. Jagadeb Roy, J.1. The State has preferred this Misc. Appeal against the award of compensation given by the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 15 of 1980.2. The short facts leading to the accident claim case were that the deceased Sibanaray in Ram was working as a mason under a contractor and was working in the SamaIs Barriage Project. On the day of the accident, namely, on 1-3-1980, the deceasad was travelling in the truck on its dalla without any permission from the driver of the truck. The truck admittedly, belonged to the State of Orissa which capsised on Talcher-Kaniha- Rengali road at a place of about four miles from Rengali at about 1. 00 P.M. in which 'Satyanarayan sustained grievous injuries and succumbed to death.Opp. party filed objection admitting the accident to have taken place on 3-3-1980 at 3. 30 P. M but has asserted in the objection filed that the deceased was travelling in the truck inspire of the protest of ...
Tag this Judgment!Sri Abodh Kumar Patjoshi Son of Late Balaram Patjoshi Vs. State of Ori ...
Court: Orissa
Decided on: Apr-30-1991
Reported in: 1991(I)OLR548
ORDERA. Pasayat, J.1. Heard. The petitioner assails the order passed by the learned Subordinate judge, Bhawanipatna refusing his prayer to cross- examine the two witnesses who were examined on behalf of the opp. parties. The application was rejected on the ground that the requisite court-fees were not fixed. This I consider to be a very technical stand, even though in law the learned Subordinate judge was justified yet keeping in view that the procedure is intended to serve justice and not to penalise the bona fide mistakes i feel that the petitioner should be permitted to cross-examine the witnesses in question. The permission is granted subject to the condition that the petitioner shall pay the requisite courtfees before the matter is taken up. The learned Subordinate Judge would do well to take up the matter as expeditiously as feasible keeping in view the fact that the application for restoration involve in this case is of the year 1996 in relation to a suit which is of the year 19...
Tag this Judgment!Land Acquisition Zone Officer Vs. Damberudhar Pradhan and ors.
Court: Orissa
Decided on: Apr-29-1991
Reported in: AIR1991Ori271
S.C. Mohapatra, J. 1. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on behalf of the State Government. No cross-objection has been filed by claimants.2. On basis of notification under Section 4(1) of the Act published in the year 1984, land of different categories in various villages of various owners were acquired for Sambalpur-Talchar Rail Link. Two acres 44 decimals of cultivable agricultural land belonging to the claimants in village Badsar were acquired compulsorily. In near past, land in the nearby villages were acquired for National Alluminium Company. Rates of various categories of land were fixed by the Land Acquisition Collector for purpose of compensation accordingly. Land Acquisition Collector awarded compensation determining market value of land acquired at Rs. 31,340/- and for trees Rs. 60/-. Claimants received the compensation awarded under Section 11 of the Act under protest claiming higher compensation and d...
Tag this Judgment!National Insurance Co. Ltd. Vs. P. Korma Rao (Dead) and After Him, P. ...
Court: Orissa
Decided on: Apr-29-1991
Reported in: II(1991)ACC431; 1991ACJ879; 1991(II)OLR62
A. Pasayat, J.1. These two appeals are directed against the award passed by 2nd Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short 'the Tribunal) on adjudication of two claim petitions filed by the dependants of two persons; one of whom lost his life and the other sustained serious injuries in an accident which took place on 13-9-1980 The respondents 1 to 5 in Misc. Appeal No. 161 of 1985 are the dependants of deceased T. Trirtatham. Respondent No. 1 P. Korma Rao in Misc. Appeal No. 160 of 1985, who had sustained injuries died during the pendency of the appeal and has been substituted by his widow P. Parvati.2. According to the claimants, he accident took place under the following circumstances. Deceased T. Trinatham was one of the persons who lost his life and injured P. Korma Rao was one amongst others who received severe injuries while travelling by a bus belonging to the Orissa Road Transport Company limited in short 'the ORT'); the bus was being driven at a hi...
Tag this Judgment!Trilochan Barik Vs. Raghunath Bal
Court: Orissa
Decided on: Apr-29-1991
Reported in: 1991CriLJ2259
ORDERD.M. Patnaik, J.1. The main question that arises in this revision against the order dated 29-6-87 passed by the S.D.J.M., Anandapur, in I.C.C. No. 11 of 1987 is whether sanction as required under Section 197, Cr.P.C. is necessary for prosecution of the Officer-in-Charge of Ghasipura Police Station.2. The petitioner before this Court filed a complaint on 13-5-97 in the Court of S.D.J.M., Anandapur, alleging therein that on 8-5-87 at about 6 p.m. the opposite party went to the betal shop of the complainant installed at the Ghasipura bus-stand and without any rhyme or reason started abusing the complainant as 'SALA, MAGHIA TO GANDIRE CHARBI HOIGALANI' and gave two slaps on the cheek of the complainant and a kick at the buttock and thereafter dragged him to the police station. It is alleged that the complainant suffered from bodily pain and was insulted and humiliated in presence of public. Hence the complaint under Sections 294/323, I.P.C.3. The S.D.J.M. after recording the initial s...
Tag this Judgment!Gourang Naik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-26-1991
Reported in: AIR1992Ori232
K.C. Jagadeb, J.1. The petitioner is a person belonging to Scheduled Caste and has obtained permission under Section 22 of the O.L.R. Act to sell a piece of homstead land situated in Bhubaneswar Master Plan Area to one Smt. Labanyabati Samantray and the said permission has been accorded to him by the Revenue Officer in Revenue Miscellaneous Case No. 450/88 by order dated 6-4-1989.2. Having found that there is already a Government executive instruction issued from the Government under the signature of the Additional Secretary to Government to the Inspector General of Registration, Orissa, Cuttack fixing the market value of the land in Bhubaneswar Master Plan area and ensuring the market value fixed for the revenue villages under Bhubaneswar Market area and Town Planning to be set forth in instrument and directing the impounding of the said instrument of transfer by the registering officers by reference to Collector under Section 47(A) of the Indian Stamp Act even if the said market valu...
Tag this Judgment!Harekrishna Das Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-26-1991
Reported in: (1993)ILLJ20Ori
L. Rath, J.1. The petitioner who was an Overseer (Electrical) under the Paradip Port Trust having been dismissed from service and his departmental appeal against the dismissal having failed, has come before this Court seeking redress. The petitioner faced a disciplinary proceeding initiated on charges as per Annexure-1 issued on June 29, 1983 on two counts, that firstly, while functioning as Overseer (Electrical) in Building Construction Division during the period from April 14, 1982 till June 29, 1983 he had submitted improper and fictitious records to the verification committee constituted on December 18, 1982 in connivance with one R.K. Sarangi, Assistant Engineer (Electrical) and at no time had submitted proper or up-to-date site accounts in time to the Division Office during his incumbency in the Building Construction Division, and secondly, that he had concealed during the same period huge quantities of costly electrical materials of the Port Trust in connivance with the same Ass...
Tag this Judgment!Gayadhar Sahoo Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: Apr-26-1991
Reported in: 97(2004)CLT532
ORDER1. The petitioner joined the Madhupur High School in the district of Cuttack in 1964. When a vacancy arose in the post of the Headmaster of the said school, his case was considered by the managing committee and he was placed in charge of the office of the Headmaster by resolution dated 14.6.1988. By resolution dated 29.5.88, it was resolved that he should be appointed as the Headmaster and the managing committee submitted the proposal to the Inspector of Schools for approval under Rule 8(2)(b) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 as it stood before amendment which came into force with effect from 3.6.88. The Inspector of Schools forwarded his case to the Director of Secondary Education by letter dated 8.8.88 and sought approval. When no action was taken, the petitioner approached this Court in O.J.C. No. 4206 of 1989 and this Court by order dated 20.12.89 directed the appr...
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