Orissa Court December 1992 Judgments
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New India Assurance Co. Ltd. Vs. Rambha Dei and ors.
Court: Orissa
Decided on: Dec-14-1992
Reported in: 1994ACJ758
K.C. Jagadeb Roy, J.1. This Misc. Appeal has been filed by the insurer appellant challenging the award made by the Second Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 142 of 1985 granting a sum of Rs. 36,000/- excluding interest which will run at the rate of 12 per cent per annum from the date of claim till payment. It was indicated in the award that out of the said amount of compensation respondent No. 1, mother of the deceased, will be entitled to a sum of Rs. 16,000/- and the respondent No. 2, the widow of the deceased, will be entitled to the balance. There was also further direction that out of the said amount as far as the amount awarded to the mother is concerned a sum of Rs. 12,000/- and Rs. 15,000/- as far as the amount awarded to the widow of the deceased is concerned be kept in fixed deposit in a nationalised bank for a term of six years and that fixed deposits shall not be withdrawn or pledged. The amount of Rs. 36,000/- has already been deposited in the cour...
Golakh Ch. Mohanty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-08-1992
Reported in: 76(1993)CLT308; 1993(I)OLR303
B.L. Hansaria, C.J.1. The following question has been referred for our decision :'Whether seven years' teaching experience as trained graduate is necessary to make an assistant teacher eligible for promotion Aappointment to the post of Headmaster of a High School ?'2. Being concerned with eligibility condition of an incumbent to hold the post of Headmaster of a High, School, who plays a very important role in the entire functioning of the school as the head of the institution, in which capacity he has to act as a friend, philosopher and guide, we. have to see that the conclusion we arrive at is goal-oriented. To put it differently, a purposive interpretation is called for. High Schools being the grass-root institutions to impart education to a vast majority of population, we cannot afford to come to such a conclusion as would frustrate the very purpose of establishing a school, which is to build up career of students to see that the aim of their live is achieved. Schools are establishe...
Sarat Chandra Acharya Vs. State of Orissa
Court: Orissa
Decided on: Dec-03-1992
Reported in: 1994CriLJ296; 1993(I)OLR56
B.L. Hansaria, C.J.1. Being seized with a case in which an advocate is facing prosecution Under Section 419/109, IPC, the quashing of which has been prayed for in this petition, the learned single Judge desired that some issues of importance relating to the administration of justice may be decided by a larger Bench, and it is because of this that the matter is before us.2. The issues involved are :(i) Whether an advocate, while identifying a surety required for releasing an accused on bail, acts as a lawyer ?(ii) Whether identification by a lawyer should at all be insisted, as is required by Form No. (M) 83-A of General Rules and Circular Orders (Criminal) ?(iii) When can an advocate be prosecuted if it is subsequently found that a wrong person had been identified by him ?3. As the matter involved the entire legal profession, a notice was issued on the Bar Council of the State which has appeared through , Shri Mukherjee who is being assisted by Shri Haraprasad Naik of Sambalpur Bar. Sh...
Col. Shyamsundar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Dec-03-1992
Reported in: 1993(I)OLR166
L. Rath, J.1. The question that falls for decision in this case is the competence of the Magistrate to permit further investigation into a case after accepting the final report submitted by the police in the same case. The facts necessary to disclose the prosecution case are that an FIR was lodged on 28-4-1987 by the D.S.P., Vigilance (Special Ceil), Cuttack on the allegation that the petitioner, while he was the S.P., Signals had misused his official position by starting a training institute under the name and style 'Career Institute' in his official residence oriented at giving coaching to trainees. For the purpose, he made advertisements in the papers and attracted young persons for admission in the institute. Pamphlets, application forms and prospectus were prepared utilising office papers. The forms were also typed and cyclostyled using the office machines. The petitioner collected Rs. 140/- from different candidates at the rate of Rs. 5/-from each, through money orders or postal ...
Narayan Panda Vs. Zonal Manager, Bank of India and anr.
Court: Orissa
Decided on: Dec-03-1992
Reported in: 76(1993)CLT237; 1993(II)OLR467
R.K. Patra, J.1. The petitioner, a quondam employee of Bank of India, in This writ petition seeks to invalidate Annexure-3, the order discharging him 'from bank's service'.2. We may briefly set out the facts. On the allegation that he committed misconduct in course of his duty as Staff-subordinate, Berhampur (Ganjam) Branch of the Bank, the petitioner was served with charge-sheet dated 29-3-1982 and supplementary charge-sheet dated 30-8-1982, Annexure-1 series which contained altogether five different charges. He was called upon to submit explanation to those charges.After stating details of facts proceedings and submissions, it is held :4. It is true that in the notice to show cause containing the charges, an enquiry officer was appointed and the petitioner was asked to submit his explanation to him. In almost all the rules dealing with departmental proceedings a delinquent is first called upon to show cause to the charges and after submission of the cause if the disciplinary authorit...
Smt. Urmila Senapati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-03-1992
Reported in: 76(1993)CLT250; 1993(I)OLR348
G.B. Pattnaik, J.1. The petitioner has approached this Court for a direction to the opposite parties to regularise her services in the post of Trac3r and for a further direction that until such regularisation she should be paid the same pay as that of her counterparts in regular service.2. The petitioner alleges that on completion of her training as Draughtsuman (Civil) she has undergone some practical training in the office of the Chief Engineer, Minor Irrigation,Orissa, and as an appreatice trainee was continued from 1-2-1986 till 31-1-1887. The certificate of the concerned Engineer dated 18th of September, 1986, has been annexed an Annexure-2 and the certificate of the Superintending Engineer for the entire period from 1-8-1986 to 31-1-1987 has been annexed as Annaxure-1. On being relieved from the office of the Chief Engineer as an Apprentice Trainee, the petitioner's case is that she joined the office of the Executive Engineer,. Minor Irrigation Division, Cuttack, against a post o...
Smt. Uma Dutta Vs. G. Mahadevan
Court: Orissa
Decided on: Dec-03-1992
Reported in: 1993CriLJ3231
K.C. Jagadeb Roy, J.1. The petitioner-complainant challenges the order of the Judicial Magistrate First Class, Sambalpur dated 1-5-89 refusing to entertain the petition of the complainant made under Section 216 of the Code of Criminal Procedure (for short 'the Cr. P.C.) for addition of a charge against the accused under Section 420 of the Indian Penal Code (for short 'the IPC') in I.C.C. Case No. 21 of 1988.2. The case of the petitioner is that she had taken a gold loan from the State Bank of India (for short 'the S.B.I.'), Sambalpur after pledging ten tolas of gold ornaments belonging to her and received a loan of Rs. 10,000/- on 23-3-84 vide gold loan account No. 32 of 1977 in the said branch of the S.B.I. The complainant had received several letters from the accused, viz., Shri G. Mahadevan, Branch Manager, of the bank in question for early liquidation of the loan amount but since the present petitioner-complainant could not do so due to her financial hardship, a notice was finally ...
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