Orissa Court February 1994 Judgments
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Giridhari Prusty Vs. the House Rent Controller-cum-s.D.J.M., Puri and ...
Court: Orissa
Decided on: Feb-04-1994
Reported in: AIR1994Ori293
G.B. Patnaik, J.1. Tenant is the petitioner and an order of eviction having been passed by the Controller under the provisions of the Orissa House Rent Control Act and the said order having been affirmed by the appellate authority, the petitioner has approached this Court.2. The landlords filed an application for eviction of the tenant alleging therein that the tenant has wilfully defaulted in payment of rent and that the premises in question is needed by the landlord fpr bona fide use. It was alleged in the application for eviction that the disputed room had been rented put to the tenant on a monthly rent of Rs. 150/- and since May, 1985, the tenant has not paid any rent. So far as the plea of bona fide requirement is concerned, the averment in the application for eviction was that the disputed room is required to open a passage to the upstairs of the building as the existing, passage is not convenient.3. The tenant-petitioner filed his written statement denying the averments made in ...
Justice Sachidananda Acharya and ors. Vs. Union of India (Uoi) and ors ...
Court: Orissa
Decided on: Feb-02-1994
Reported in: AIR1994Ori251; 78(1994)CLT1040; 1994(I)OLR353
G.B. Patnaik, J.1. These two writ applications have been filed by seven retired Judges of this Court including the retired Chief Justice of Sikkim High Court, five of whom are residing within the municipal limits of Cuttack and two others are residing within the municipal limits of the capital city of Bhubaneswar. The prayer in both these writ applications is that the Central Government should provide medical facilities to these retired Judges of this Court under the Central Government Health Scheme (in short, C.G.H.S.), which facilities have been extended to those retired Judges who are residing in 15 different cities enumerated in Annexure of Annexure 2 series, where such scheme is already in vogue. The main ground of attack in both these writ applications is that providing such medical facilities in respect of those retired Judges residing in the 15 cities enumerated in Annexure 1 and not providing the same in respect of other retired Judges who are residing in cities other than tho...
Satya Narayan Das Vs. Govt. of India and ors.
Court: Orissa
Decided on: Feb-02-1994
Reported in: II(1994)ACC133; AIR1995Ori253
A.K. Patnaik, J.1. In this writ application the petitioner has prayed for quashing the vehicle checking report dated 26-3-93 (Annexure 1) and for declaring Rule 52 of the Central Motor Vehicles Rules, 1989 (for short 'the Rules') as ultra vires the provisions of Motor Vehicles Act, 1988 (for short 'the Act'). The petitioner has also prayed for return of the documents seized by the authorities.2. The brief facts of the case, as stated in the writ petition, are that the petitioner, an engineer serving under KALOD at Angul, owns a fiat car registered in the year 1972 bearing registration No. CRX 6100. The petitioner has been regularly paying tax for the said car to the registering authority, Dhenkanal, opposite party No. 2, and has also paid the tax for the period 1993-94. For all those years, the petitioner was never intimated by any authority that the certificate of registration of the petitioner is valid for a period of 15 years and has to be renewed thereafter. On 26-6-93 when the pet...
Bhimasen Prusty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-01-1994
Reported in: (1994)78CALLT357; 1994(I)OLR439
L. Rath, J.1. The petitioners except petitioner Nos. 3 and 6 are non-Government Primary School teachers who were retired prior to 1-9-1988 are before this Court seeking protection of safeguarding the rights of their survivors after their deaths to family pension as has been made allowable to such teachers who retired after 1-9-1988 or would so retire. Family pension is payable under Chapter VIII of the Orissa Pension Rules, 1977. The provisions were made applicable to the non- Government fully aided primary school teachers by amendment of the Orissa Aided Educational Institutions (Non-Government Fully Aided Primary School Teachers) Retirement Benefit (Amendment) Rules, 1989 providing that an employee shall be eligible for pension, gratuity or death-o/n-retirement gratuity at the rate admissible to his counterpart in the State Government service and in the event of his death, his family shall be eligible for family pension as admissible to the family of his counterpart in the State Gove...
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