Orissa Court April 1994 Judgments
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Hadibandhu Senapati and ors. Vs. Mani Biswal and ors.
Court: Orissa
Decided on: Apr-18-1994
Reported in: 78(1994)CLT285; 1994(I)OLR551
R.K. Patra, J.1. In this appeal under Section 44(2) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the Act), the judgment and order of the Deputy Commissioner of Endowments. Orissa, declaring lot No. 6 totalling 0.32 decimals of land (relating to khata No. 211, plot No. 963 Ac. 009 decimals and plot No. 970 Ac. 0.23 decimals) to be private property of respondent No. 1 is under challenge.2. The appellants filed an application under Section 41 of the Act for declaring the deity as a public deity and its lands as per schedule as public religious endowments. Their is that Shri Shri Sidheswar Mahaprabhu, popularly known as Sidha Mahapurusa installed at village Raipur is a public deity and its foundation is lost in antiquity. It is their case that from the beginning of the foundation of the deity, the management was being looked after by the village committee and some villagers had endowed lands in the name of the deity as per the schedule given in the petitio...
Nrusingha Charan Sahoo Vs. National Textile Corporation (Wbabo) Ltd. a ...
Court: Orissa
Decided on: Apr-15-1994
Reported in: 78(1994)CLT442; 1994(I)OLR510
B. Panigrahi, J.1. Being aggrieved by the order of termination dated 27-7-1986 and the dismissal of the appeal by order dated 27-4- 1989, annexed as Annexure-2, the petitioner has approached this Court.2. Petitioner's case, in brief, is that after the death of his father in May, 1976, who was an employee in Rampooria Cotton Mills, a Unit under the National Textile Corporation, the petitioner applied for a job on 4-6-1980. After waiting for two and half years, the petitioner got an appointment as Apprentice on 25-12-1983. Though the management asserts that the appointment was as a 'Badli', but the petitioner asserts that he was a regular employee, he having been issued with a Permanent Ticket No. 12076. While continuing in service, he remained absent from duty on account of his illness and applied for leave on medical ground accompanied by the medical certificate. The employer instead of granting leave to the petitionar ultimately terminated his service on 27-7-1986 without initiating a...
Chairman-cum-managing Director, Orissa Road Transport Co. Ltd. Vs. Ram ...
Court: Orissa
Decided on: Apr-13-1994
Reported in: 78(1994)CLT639; [1995(70)FLR468]; (1994)IILLJ1127Ori
L. Rath, J.1. An award of the Labour Court in favour of the opposite party No. 1 directing the reinstatement with full back wages is the subject-matter of challenge. Though there is some difference between the petitioner and the opposite party No. 1 regarding his earlier spells of appointment, it is the common case of the parties that he continued in the O.R.T. Company as a casual watcher on daily wage basis from February 14, 1986 to January 14, 1987 whereafter he was no longer employed. The conciliation proceeding taken up by the Labour Officer having failed, the matter was ultimately referred to the Labour Court by the Government to decide whether the termination of services of the opposite party No. l with effect from January 15, 1987 was legal and/or justified and if not, to what relief he was entitled. The Labour Court considering the respective cases advanced by both the parties as also taking into consideration the documents placed and the oral evidence adduced, came to the conc...
Dr. (Mrs.) Bedabati Mohanty Vs. the Chancellor, Utkal University and o ...
Court: Orissa
Decided on: Apr-13-1994
Reported in: 1994(I)OLR500
G.B. Pattnaik, J.1. This writ application and OJC No. 1910 of 1992 Were heard together before a Bench of this Court and both the learned Judges came to the conclusion that OJC No. 1910 of 1990 was to be dismissed. But so far as the present writ application is concerned, while Hon'ble Justice Pasayat held that this writ application was to be dismissed. Hon'ble Justice D. M. Patnaik came to the conclusion that the writ application was to be allowed and because of this divergence of views, this matter has been placed before me.2. An advertisement had been issued by the Utkal University on 18th of May, 1987, seeking applications for the post of Professor in Rural Economics. Dr. Kumar Bar Das (petitioner in OJ0 No. 1910/90). as also Dr. (Mrs.) Bedabati Mohanty (petitioner in OJC No. 2144/90) along with others were the applicants. The Selection Committee constituted by the University to evaluate the respective merits of the candidates called both the petitioners as well as others to intervie...
Bisam Harijan Vs. Stats of Orissa
Court: Orissa
Decided on: Apr-13-1994
Reported in: 1994(I)OLR516
B. Panigrahi, J.1. The petitioner, having been aggrieved by the concurrent findings of conviction and sentence Under Section 47(a), Bihar and Orissa Excise Act dated 14-4-1993 by the Sessions Judge, Jeypore, has preferred this revision. The petitioner was prosecuted Under Section 47(a) of Bihar and Orissa Excise Act, 1947 and after trial, was convicted and sentenced to undergo S. 1. for six months and to pay a fine of Rs. 500/-, in default to undergo S. 1. for one month more,2. The facts leading to the prosecution against the petitioner are described hereunder: PW 1, an A. S. I. of Police, Jaypore town P. S. while conducting patrol duty intercepted the petitioner who was found moving in a suspicious manner with a motor tube containing some liquid substance. In presence of witnesses, on search, the motor tuba contained I. D. liquor measuring 25 litres. PW 1 prepared the seizure list in presence of other prosecution witnesses, namely, PWs 2 to 4 and sent the sample for examination by the...
Sanjit Kumar Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-13-1994
Reported in: 78(1994)CLT556; 1994(I)OLR496
G.B. Pattnaik, J.1. The order passed by the Assistant Registrar, Co-operative Societies, Anandapur Circle, dated 26-2-1994, annexed as Annexure-3, and the order dated 7-3-1994 passed by the same authority are being assailed in this writ application, inter alia, on the ground that the said Assistant Registrar had no jurisdiction to entertain the application filed by opposite party No. 4 and to pass the impugned orders in question. o2. The short facts necessary for adjudicating the dispute in question may be stated as hereunder. Opposite party No. 4 had taken a loan from opposite party No. 3, the Keonjhar District Co-operative Transporting Society Limited, for purchase of a vehicle and after purchasing the vehicle bearing registration number ORJ 4317 hypothecated the same in favour of opposite party No. 3. As opposite party No. 4 : failed to pay up the dues in question, opposite party No. 3 raised a Dispute before the Assistant Registrar, Co-operative Societies, Keonjhar, in the year 198...
Chairman-cum-managing Director, Orissa Road Transport Company Ltd. Vs. ...
Court: Orissa
Decided on: Apr-13-1994
Reported in: 1994(II)OLR155
L. Rath, J.1. An award of the Labour Court in favour of the opposite party No. 1 directing his reinstatement with full back wages is the subject-matter of challenge. Though there is some difference between the petitioner and the opposite party No. 1 regarding his earlier spells of appointment, it is the common case of the parties that he continued in the ORT Company as a casual watcher on daily wage basis from 14-2-1986 to 14-1-87whereafter he was no longer employed. The conciliation proceeding taken up by the Labour Officer having failed, the matter was ultimately referred to the Labour Court by the Government to decide whether the termination of services of the opp. party No. 1 with effect from 16-1-1987 was legal and/or justified and if not. to what relief he was entitled. The Labour Court considering the respective cases advanced by both the parties as also taking into consideration the documents placed and the oral evidence adduced, came to the conclusion of the opp. party No. 1 h...
Arakhita Patnaik Vs. State of Orissa
Court: Orissa
Decided on: Apr-13-1994
Reported in: 78(1994)CLT31; 1994CriLJ2242; 1994(I)OLR562
B. Panigrahi, J.1. The petitioner stood prosecuted Under Section 39 of the Indian Electricity Act, 1910 and Section 379, Indian Penal Code and having been found guilty was convicted and sentenced to undergo R. 1. for one month and to pay a fine of Rs. 500/-, In default to undergo R. 1. for a further period of 15 days. In appeal before the Additiona4 Sessions Judge, Bhubaneswar, the appellate Court confirmed the conviction and sentence passed against the petitioner. Being aggrieved by the findings of conviction and sentence by both the Courts below, the petitioner has filed this revision.2. The scenario of the prosecution story as revealed from the trial Court's judgment is that Sri S. P. Padhi, PW 4 who was the Assistant Engineer, Electrical, OSEB, Bhubaneswar working in Vigilance squad lodged a written report (vide Ext-1) that he received a confidential report about the theft of electrical energy in village Malipada and accordingly proceeded to the village with the local police staff ...
Anwar HossaIn Vs. State of Orissa
Court: Orissa
Decided on: Apr-13-1994
Reported in: 1994(II)OLR144
A. Pasayat, J.1. Labelling conditions imposed by the learned Judicial Magistrate, first class, Jaleswar while disposing of petitioner's application for bail to be unreasonable, and virtually denial of right to get bail this application has beers tiled,2. On the accusations of having committed offence punishable under Section 47 of the Bihar and Orissa Excise Act, 1915 (in short, the 'Act') petitioner was arrested. He moved for bail before learned Judicial Magistrate, first class, Jaleswar. Learned Magistrate observed that alleged offence was bail able in nature. Petitioner was directed to be released on bail of Rs. 2.000/- with one surety for the like amount and to deposit cash security of Rs. 2,000/- since, according to learned Magistrate, there was likelihood of his absconding. Petitioner undisputedly has deposited the amount, but has prayed for variation of the conditions it is submitted by the learned counsel for petitioner for petitioner that the offence being bail able, and there...
Orissa Textile and Steel Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-12-1994
Reported in: 78(1994)CLT511; [1995(70)FLR199]; (1995)ILLJ673Ori
G.B. Patnaik, J.1. The constitutional validity of Section 25O of the Industrial Disputes Act, 1947, has been challenged in this case alleging, inter alia, that the said provision is vio-lative of the fundamental rights guaranteed to a citizen under Article 19(1)(g) of the Constitution and, therefore, is ultra vires.2. In nutshell the petitioner's case is that the 'right to continue business' within the meaning of Article 19(1)(g) of the Constitution includes right to close down a business and the very fact that the citizen cannot exercise the said right, inasmuch as permission of the State Government is required under Section 25O before closing ; down the business, infringes the right guaranteed under Article 19(1)(g) of the Constitution. This contention of the petitioner is based upon the decision of the Supreme Court in the case of Excel Wearetc. v. Union of India, (1978-II-LLJ- 527), wherein the Supreme Court struck down Sections 25O and 25B, as they stood prior to amendment in the ...
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