Orissa Court July 1994 Judgments
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Dr. Anjan Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-1994
Reported in: 78(1994)CLT792; 1994(II)OLR259
G.B. Pattnaik, J.1. The petitioner who was serving as a Lecturer in the Department of Zoology in Municipal College, Rourkela having been transferred as a Lecturer to Kuchinda College, by order dated 17-8-1991, annexed as Annexure-8, has approached this Court for quashing the said order, inter alia, on the ground that the irmpognad transfer contravenes the provisions contained in the proviso to Sub-section (1) of Sec 10 of the Orissa Education Act and, therefore, the same should be struck down. It is alleged in the writ application that the employees of the Rourkela Municipal College are getting additional benefits pursuant to an agreement between the employees and the authorities of the Rourkela Municipality and by the impugned order of transfer, the petitioner will be deprived of such benefits.2. A counter affidavit has been filed on behalf of opp. parties . 4 and 5 stating therein that there is no difference so far as the pay scale is concerned between the employees of Rourkela Munic...
Abhilash Jena Vs. Registrar of Co-operative Societies and ors.
Court: Orissa
Decided on: Jul-22-1994
Reported in: 78(1994)CLT1010; 1994(II)OLR262
B.N. Patnaik, J.1. The petitioner while challenging the validity of Rule 25 of the LAMPS Common Cadre Employees of Key Personnel Service Rules (hereinafter called 'Cadre Rules') which came into force from 1-7-1985 prays for a direction to quash the order dated 13-6-1991 passed by the Cadre Cell, Mayurbhanj Central Co-operative Bank, Ltd. Baripada, retiring him from service with effect from 31-3-1991 (Annexure 3)2. In the year 1977 various Service Co-operative Societies and Gram Panchayat Grain Gola Co-operative Societies were re-organised and the Large Sized Agricultural Multipurpose Co-operative Societies (for short,'LAMP') were constituted in the district of Mayurbhanj. The LAMPS were affiliated to the Mayurbhanj Central Co-operative Bank,Bari-pada. In the process of re-organisation the existing Co-operative Societies were either amalgamated with LAMPS or liquidated. Purnia Grain Gola Gram Panchayat Society was amalgamated with Baisinga LAMPS and a branch was opened at Purnia.The pet...
Keshab Chandra Panda Vs. State
Court: Orissa
Decided on: Jul-21-1994
Reported in: 1995CriLJ174; 1994(II)OLR430
A. Pasayat, J.1. Appellant Keshab Chandra Panda (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable Under Section 304B of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of seven years imprisonment as awarded by learned Addl. Sessions Judge, Jajpur,2. Accusation which led to trial of accused- appeiiant are as follows :On 15-1-1989,the accused and Pravatini alias Chema Kar (hereinafter referred to as the 'deceased') entered into wedlock. Subsequently, some dissensions surfaced between them, which according to prosecution was on account of non-fulfilment of demands for dowry made at the time of marriage. The accused assaulted the deceased with an iron red on 2-6-1989, which led to lodging of information at Kuakhia Out-Post on 3-6-1989. A Station Diary Entry was made. An effort was made to bring about amity between the accused and deceased. After a long stay in the house of her parents, the deceased returned to the h...
Kaveri Alias Benga and anr. Vs. the State
Court: Orissa
Decided on: Jul-21-1994
Reported in: 78(1994)CLT881; 1995CriLJ224
ORDERA. Pasayat, J. 1. Petitioners, two ladies, moved learned Judcial Magistrate, first class, Banpur for dispensing with their personal attendance in terms of Section 205 of the Code of Criminal Procedure, 1973 (in short, the 'CrPC').Theprayerwas rejected primarily on the ground that petitioners were shown as absconders in the charge sheet. The plea that the petitioners were two Purdanashin ladies and had nothing to do with the alleged offences for which cognizance has been taken, did not cut ice with the learned JMFC.2. Mr. G. Tripathy, learned counsel appearing for the petitioners, submitted that Section 205, is a beneficiary provision. The same is to be exercised by taking into consideration the various aspects like the real necessity of the accused being present, the nature of accusations, and the social status of the applicant, and a rigidistic approach would be against intent and purpose of enactment of Section 205. The learned counsel for State on the other hand supported the o...
Surendra Steel Industries (P.) Ltd. Vs. Orissa State Financial Corpora ...
Court: Orissa
Decided on: Jul-20-1994
Reported in: AIR1995Ori48; 78(1994)CLT1058
G.B. Patnaik, J.1. The seizure of the industrial unit by the Orissa State Financial Corporation in exercise of powers under Section 29 of the State Financial Corporation Act is being challenged in this writ application.2. The petitioner is the entrepreneur and after incorporating the company as a private limited company in the year 1975, took a term loan from the State Financial Corporation (opp. party No. I). The sanctioned term loan was to the tune of Rs. 7,20,000/-. The petitioner had availed a sum of Rs. 5,08,000/ - out of the aforesaid'sanctioned amount till 2-12-1977 and had set up its factory by 1978. It was registered as a small scale industry on 17-7-1978. The Bank of India (opp. party No. 3) had sanctioned a loan of Rs. 2,00,000/- towards working capital and the petitioner could start its industry with the said working capital, but with the limited resources, the plant could not run regularly and it became sick by 1983. There was a default in payment of the instalment dues to...
Harihar Mishra Vs. State of Orissa
Court: Orissa
Decided on: Jul-20-1994
Reported in: 78(1994)CLT703; 1995(II)OLR101
D.M. Patnaik, J.1. The main question for determination before this Court is whether the plaintiff's suit based on adverse possession in respect of the suit land should be allowed since by the reversing order, the lower appellate Court has decided the case against the plaintiff and hence this second appeal.2. The plaintiff claims that his late father Artatrana Misra had been adversely possessing the Government land bearing Sabik plot No. 2595 under Khata No.1167 of 1928 settlement measuring an area of 0.46 decimals corresponding to Hal Settlement plot No. 2040, Khata No. 77 of 1977 settlement measuring 0.43 decimals of mouja Biramchandrapur In the district of Puri. It is the further case of the plaintiff that although in 1928 settlement this land was recorded as 'Sarba Sadharana', yet in the year 1930 his father late Artatrana Misra reclaimed the land and made it fit for cultivation and grew paddy crops and since then the father of the plaintiff had been possessing the suit land in his ...
Dusasan Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-19-1994
Reported in: 78(1994)CLT877; 1994(II)OLR613
G.B. Pattnaik, J.1. The petitioner was the grantee of three foriegn liquor shops in the district of Keonjhar. In accordance with the policy decision of the Government, he claims to be entitled to the renewal of his licence for the year 1994-95, but the licence not having been renewed under the pretended plea that a criminal case has been started against him during 1993-94, the petitioner has approached this Court.2. Pursuant to notice issued by this Court, a return has been filed being sworn to by the Superintendent of Excise. It has been stated therein that no doubt the petitioner's licence should have been renewed for 1994-96 in accordance with the Revenue Department order dated 23-4-1991 as amended by order dated 4-1-1992, but since the grantor has a right to refuse the grant of exclusive privilege without assigning any reason, no error can be found out in not renewing the licence. ft is further stated that in accordance with the Government letter dated 19-3-1994, if any licence is ...
Tara Prasad Pattanaik and ors. Vs. Registrar-cum-chief Electoral Offic ...
Court: Orissa
Decided on: Jul-18-1994
Reported in: 1994(II)OLR232
ORDER1. Postponement of election to the Managing Committee of the Orissa Co-operative Housing Corporation Limited by the Election Officer is the subject-matter of challenge in this writ application, inter alia, on the ground that in view of Section 28-B of the Orissa Co-operative Societies Act, the election-process of a Society once started shall not be held up. The election to the Society had been scheduled to be held on 25-7-1994 and the nominations were to be filed on 6-7-1994. On the very day when the nominations were to be obtained the Election Office! passed an order directing not to entertain nomination papers. The petitioners, therefore, have approached this Court.2. A counter affidavit has been filed by the very Election Officer indicating therein that as he was suddenly attacked with fever, from the evening of 5lh July, 1994 and on the next morning, that is, on 6-7-1994 he became senseless, it was not practically possible to come to the office on the -date fixed for receiving...
Udhaba Alias Udhaba Charan Kar and anr. Vs. Gora Bindhani
Court: Orissa
Decided on: Jul-18-1994
Reported in: 78(1994)CLT865; 1994CriLJ3815
A. Pasayat, J.1. An interesting question is raised about jurisdiction of learned Sub-Divisional Judicial Magistrate to deal with complaints alleging commission of offences punishable under various provisions of the Penal Code, 1860 (in short, 'IPC'), along side those punishable Under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the 'Act').2. In the case at hand a complaint was filed alleging commission of various offences punishable under the IPC and Section 3 of the Act against the petitioners. By order D/- 27-1-1994 learned SDJM, Udala took cognizance of the offences and directed issue of summons to the present petitioners. With reference to various provisions of the Act, it is submitted by the learned counsel-for the petitioners that the learned.SDJM, Udala had no jurisdiction to deal with the matter.The stand of the opposite party in essence is that the offences punishable under the IPC were triable by the learned SDJM a...
Bhagaban Pradhan and ors. Vs. Jayaram Mohanty and ors.
Court: Orissa
Decided on: Jul-15-1994
Reported in: 1994(II)OLR405
A. Pasayat, J.1. The only question that falls for determination in the case at hand is whether the Executive Magistrate, Bhubaneswar had jurisdiction to continue the proceeding initiated in terms of Section 107 of the Code of Criminal Procedure, 1973 (in short 'Cr PC') after a period of six months from the date of commencement of inquiry Under Section 116, Cr PC ?2. Background facts necessary for adjudication of this question are as follows :On the basis of an application fried by Jayaram Mohanty (opp party No. 1 herein) before Executive Magistrate. Bhubaneswar, on 28 4- 1992, present petitioners and opp. party Has. 2 to 5 ware directed by the said Magistrate by order dated 28-4-1992 to appear personally to show cause why they shall not be asked to execute interim bond under Sec 116(3), Cr PC and bond Under Section 116 Cr PC, as he was satisfied that it was necessary to proceed against them. It is to be indicated here that two other persons (not parties in this present proceeding) were...
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