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Orissa Court April 1991 Judgments

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Apr 04 1991

Smt. Kanakalata Biswal Vs. Orissa State Housing Board and ors.

Court: Orissa

Decided on: Apr-04-1991

Reported in: 1991(II)OLR42

S.C. Mohapatra, J.1. Non-allotment of a house at Rourkela by opp. parties under the housing scheme declared is the grievance of petitioner in this application under Article 226 of the Constitution of India.2. Houses under middle income group were to be constructed in Bisanti Housing Board Colony at Rourkela to provide accommodation to persons under the housing scheme prepared by the opp. party No. 1. Petitioner made an application for the same. Lastly she was tailed upon to give her final consent if she is willing to purchase the house on payment of full consideration. She gave her consent, In spite of it, when the house was not allotted to her she filed this writ application.3. Case of opposite parties is that number of applications for out -right purchase and consent of such applications was much more than number of houses available to be allotted. Accordingly, there was a lottery and the petitioner could not be selected by such process.4. By order dated 14-9-1985, this Court passed ...


Apr 03 1991

Gobardhan Padhi Vs. Orissa State Co-op. Handicraft Corpn. Ltd. and ors ...

Court: Orissa

Decided on: Apr-03-1991

Reported in: (1993)ILLJ130Ori

S.K. Mohanty, J.1. Grievance of the petitioner is that he has been illegally reverted from the post of Accountant to that of a Junior Assistant.2. By Annexure-1 dated December 31, 1984 the petitioner was appointed as Accountant in Utkalika, New Delhi, a Sales Depot of the Orissa State Co-operative Handicraft Corporation (a Government of Orissa Undertaking) on a consolidated salary of Rs. 850/- per month. By Annexure-3 dated June 25, 1986 he was transferred and posted as Junior Assistant in the Head Office of the Corporation at Bhubaneswar and in his place opposite party No. 3 was appointed as Accountant with effect from July 1, 1986. The petitioner submits that opposite party No. 3 is both less qualified and junior and the order of transfer of the petitioner amounted to degradation from higher rank to lower rank. He, therefore, made several representations against the order of transfer, but to no effect. He prays that Annexure-3 may be quashed and he may be appointed as Accountant.3. T...


Apr 03 1991

Gati Krushna Mishra Vs. Union of India (Uoi) and anr.

Court: Orissa

Decided on: Apr-03-1991

Reported in: 71(1991)CLT860; 1991(II)OLR176

B.L. Hansaria, C.J.1. The petitioner is a retired Chief Justice of this Court. He had so retired on 31-10-1975. He is receiving his pension in accordance with the High Court judges (Conditions of Service) Act, 1954 (for short the Act') as amended by Act 38 of. 1986. He took up the case of entitlement of his wife to pension after his death. According to him, his wife would be entitled to a substantive pension of Rs. 1,125.00 per month along with other reliefs as would be admissible provided she survives the petitioner in view of what has been laid down in Section 17-A(1) of the aforesaid Act, as amended by Act 38 of 1986, which reads as below :'Where a Judge, who being in service on or after the commencement of the High Court and Supreme Court judges (Conditions of Service) Amendment Act, 1986 dies, whether before or after retirement in circumstances to which Section 17 does not apply. Family Pension calculated at the rate of fifty per cent of the pension admissible to him on the date o...


Apr 02 1991

Sushmarani Das and ors. Vs. Board of Secondary Education, Orissa and a ...

Court: Orissa

Decided on: Apr-02-1991

Reported in: AIR1991Ori303

D.P. Mohapatra, J. 1. The common grievance raised by the petitioners in these writ petitions is against the action of the Board of Secondary Education, Orissa (opp. party No. 1) in cancelling the Certified Teachers' Examination (C.T. Examination) and Elementary Teachers' Examination (E. T. Examination) held in April, 1990 at the Sreekrishna Academy Centre where they were appearing. Though 63 examinees have filed these writ petitions, in all 308 candidates are stated to have suffered the consequence of the impugned action of the Board. The petitioners have prayed for issue of a writ of mandamus quashing the decision of the Examination Committee of the Board as per the notification dated 23-10-91 (Annexure 1) and directing the opp. parties to restore the results of the candidates of the C.T./S.T. Examination, 1990 of S. K. Academy Centre or in the alternative directing the Board to hold another Examination forthwith without collection of examination fees. The material portion of the impu...


Apr 02 1991

B. Venkata Ramana Vs. V. Bhadrayya and 2 ors.

Court: Orissa

Decided on: Apr-02-1991

Reported in: 1991(II)OLR9

L. Rath, J.1. The appellant on whose complaint the respondents faced trial Under Section 379/34 IPC has come before this Court challenging the judgment of acquittal. It is his case that he was the owner in possession of a pick-up diesel van bearing registration No. ORK 3201 having purchased the same at a price of of Rs. 33,000/- from the Secretary, Seva Samaj, Rayagada on 28-12-1977, the sale agreement being Ext. 1. For the purpose of making the purchase .he had obtained a loan of Rs. 30,000/- from Viswapnya Finance Corporation, Kakinada of which the respondent No. 1 is the partner and the respondent Nos. 2 and 3 are the brokers. The loan was re-payable in 30 installments . He had already repaid more than half of the amount and was plying the vehicle as a contract carriage. I he vehicle had been made off-road since 14-1979 as needing some repairs and had been kept in the vacant space of the original accused No. 1 who died before framing of charge, with his permission. But the vehicle w...


Apr 02 1991

Priyadarshini Acharya and ors. Vs. State of Orissa Represented by the ...

Court: Orissa

Decided on: Apr-02-1991

Reported in: 1991(I)OLR514

R.C. Patnaik, J.1. The petitioners in this batch of writ applications have assailed the valuation, of the performance at the entrance examination, 1990 held for admission to the M B B.S./B.D.S. Courses in the three Medical Colleges of the State and ancilarily the decision of the Selection Board in not selecting them for admission.2. Every year the State Government conducts an annual entrance examination for selection of candidates for admission to MBBS/BDS courses. For the 1990 entrance examination, the question paoer contained 150 multiple choice objective questions - each question carrying one mark. Four alternative answers were Indicated against each question, one of which was the correct or most appropriately correct answer to the question. The candidate was required to cross the alphabet box which stood for the answer, which he thought the correct or the most appropriately correct answer.3. There is no controversy as to most of the questions and the alternative answers. The contro...


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