Orissa Court August 1994 Judgments
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Bhatruhari Mahatab and anr. Vs. Collector, Cuttack and anr.
Court: Orissa
Decided on: Aug-31-1994
Reported in: AIR1995Ori129; 1995(I)OLR185
G.B. Patnaik, J.1. The orders passed by the Collector, Cultack, in Escheat case No. I of 1992 under Annexures2 and 2/Aare the subject-matter of challenge in this writ application.2. Petitioner No. I is the son of Dr. Hare Krushna Mahatab who had created a trust and petitioner No. 2 claims to be in possession of a bangalow inside the campus which had been built by Dr. Hare Krishna Mahatab out of his own personal fund and it is alleged that it was not a part of the trust property. It is their contention that the private bungalow of Dr. Mahatab having not formed a part of the trust property, the same cannot be escheated under the provisions of the Orissa Escheats Act, 1979 (hereinafter referred to as the 'Act') and further no notice having been issued on property in the territory of India which would have accrued to his Majesty if the Constitution had not came into operationby escheat or lapse or as bona vacantia for want of a rightful owner vests in a State or the Union, as the case may ...
Ananta Charan Mallick Vs. Sayed Goush Ali and anr.
Court: Orissa
Decided on: Aug-31-1994
Reported in: 78(1994)CLT907; 1995CriLJ209; 1994(II)OLR422
R.K. Patra, J.1. Can a Judicial Magistrate, before issue of process against the accused, for the purpose of deciding whether or not there is sufficient ground for proceeding, direct an Executive Magistrate to make enquiry Under Section 202(1) of the Code of Criminal Procedure, 1973. This is the short question that arises for our consideration in this writ petition,2. The facts :The petitioner was the Officer-in-charge of Titilagarh Police Station at the material time. The opp. party No. 1 filed Complaint (registered as 1. C. C. No. 22 of 1937) against the petitioner Under Sections 352/504/506 of the IPC, in the Court of Sub-Divisional Judicial Magistrate, Titilagarh. The gravamen of the allegation in the complaint is that on 25-4-1987 at about 8.15 p. m. the complainant (opp. party No. 1) who is an advocate along with another advocate one Sri R.K. Padh; and one G. V. Ramanaiah went to the Police Station and asked the petitioner the reasons for detention of the truck No. AAP 2886 belong...
Hindustan Aeronautics Ltd. Vs. the Registering Authority and Taxing Of ...
Court: Orissa
Decided on: Aug-31-1994
Reported in: 78(1994)CLT976; 1995(I)OLR192
G.B. Patnaik, J. 1. In these writ applications common questions of law and fact are involved and, therefore, they were heard together and are being disposed of by this common judgment.2. The petitioner, a Company registered under the Indian Companies Act, and wholly owned by Government of India, assails the levy of tax in respect of vehicles belonging to the petitioner under the provisions of the Orissa Motor Vehicles Taxation Act as contract carriage, inter alia, on the ground that the said vehicles could not have been held to be 'contract carriages' as these were meant for carrying the children of the employees of the Company as well as the employees of the Company and the forums below committed gross error of law and jurisdiction in treating the vehicles as contract carriages and levying the demands in question Not only the Taxing Authority levied the demands on a finding that the vehicles are contract carriages, but also the appellate authority as wail as the revisional authority a...
Kartik Ch. Mohanta and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-1994
Reported in: 1995(I)OLR310
G.B. Patnaik, J. 1. The petitioners are the employees of an aided educational institution in the district of Keonjhar. Their salary for some intervening period not having been released they have approached this Court for issuance of a writ of mandamus. 2. It is alleged that the school became eligible to receive minimum grant-in-aid from the State Government with effect from 1-3-1987 and accordingly the Inspector of Schools called upon the Head' master of the high school to submit the staff position and the connected records for approval of the Inspector. The Headmaster of the school submitted the staff position as well as the all other relevant documents, but the Inspector of Schools by his letter dated 23-12-1989 annexed as Annexure-1 approved the appointment of different employees and further indicated that the untrained teachers would acquire B. Ed. qualification within two years. As the Inspector did not approve the appointment of one Suren Kumar Barik peon of the High School, he a...
Rajib Lochan Patel Vs. Sapneswar Pandey and ors.
Court: Orissa
Decided on: Aug-30-1994
Reported in: AIR1995Ori70
D.M. Patnaik, J.1. This second appeal is bythe plaintiff against the judgment dismissing the suit for declaration of title and recovery of possession in respect of the area measuring Ac. 1.45 decimals of land under the Sabak Plot No. 569 corresponding to current settlement plot plot No. 2928 in village Beheramal in the district of Sambalpur.2. Plaintiff's case is, he purchased Ac. 2.89 decimals of land appertaining to Hamid Settlement plot No. 569 from itsnot them side and also other lands underdifferent plots by registered sale-deed dated 20-7-59 from one D. Suja and took delivery of possession of the same. The defendants who did not have any right, title and interest over the suit land managed to get their names recorded in the remarks column of the finally published record of rights as possessing the land adversely and, therefore, he filed a suit for declaration.3. The defendants' plea is, when they purchased the land from the same vendor under different plot Nos. by registered sale...
Gunavanth Kumar JaIn Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-24-1994
Reported in: AIR1995Ori65; 1995(I)OLR189
G.B. Patnaik, J.1. The levy made under the provisions of the Orissa Minor Mineral Concession Rules, 1990, in respect of a Sairat source of quarrying which had been granted in favour of the petitioner under the Orissa Minor Minerals Concession Rules, 1983, is under challenge in this, writ application on the ground that the petitioner being a lessee under the 1983 Rules, his rights cannot be affected in any manner by introduction of the 1990 Rules and his lease has to be governed by the provisions of the 1983 Rules.2. There is no dispute that the lease in favour of the petitioner had been granted under the Orissa Minor Minerals Concession Rules, 1983, and during the subsistence of the lease, the 1983 Rules stood repealed and the Orissa Minor Mineral Concession Rules, 1990, came into force. An identical question was raised before this Court in the case of Debasis Singh Samant v. State of Orissa, AIR 1993 Ori 11, and on an analysis of the different provisions of the 1990 Rules, and on cons...
Abhaya Charan Choudhury and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-24-1994
Reported in: 1995CriLJ298
G. B. Patnaik, J. 1. A common question of law is involved in these writ applications and, therefore, they were heard together and are being disposed of by this common judgment.2. Levy of penalty by the Officer-in-Charge of the Police Station in exercise of powers under the provisions of the Mines & Minerals (Regulation & Development Act, 1957 (hereinafter referred to as the 'Act') is under challange in these writ applications on the ground that the Officer-in-Charge has no power to levy fine or penalty and the truck having been seized and the amount having been collected forcibly, the said order of levy must be quashed and the amount may be refunded to the petitioner. It is alleged in the writ application that while the vehicle was transporting coal on the relevant date, the same was seized by the Officer-in-Charge of the Police Station alleging that an offence under Section 21 of the Act has been committed and then the impunged levy of penalty was passed forcing the petitioner to depo...
S. Rama Mohan Ray Vs. A. Kishore Chandra Patra and ors.
Court: Orissa
Decided on: Aug-22-1994
Reported in: AIR1995Ori4
Nanavati, C.J.1. Whether an Assistant Public Prosecutor appointed by the Government of Orissa under Section 25 of the Code of Criminal Procedure, 1973 can be said to be a Government servant is the question which arises for consideration in this petition, in the context of Section 16 of the Orissa Municipal Act, 1950 (hereafter referred to as 'the Act'), which provides for disqualification of candidates for election as a councillor of a municipal council.2. The petitioner is a practising advocate. By an order of the Government of Orissa dated 28th June, 1991, he has been appointed as an Assistant Public Prosecutor under Section 25 of the Code to conduct criminal cases in the Courts of Magistrates, both judicial and executive, at Saroda in the district of Ganjam. The appointment is purely temporary and liable to be terminated at any time without notice. As an Assistant Public Prosecutor, he gets daily fee of Rs.50/- subject to such restrictions as are provided in the Orissa Law Officers ...
Gopinath Padhi Vs. State and anr.
Court: Orissa
Decided on: Aug-22-1994
Reported in: 78(1994)CLT1052; 1994(II)OLR440
A. Pasayat, J.1. Petitioner calls in question legality of order dated 19-6-1993 passed by learned Subdivisional Judicial Magistrate, Parlakhemundi refusing to accept petitioner's prayer for discharge, He did not accept the contention that there was no material to frame charge against him.2. The allegations which necessitated the proceeding are to the effect that money was paid to a wrong person on the basis of identification made by the petitioner. One Sajani Bhuyan was to receive compensation on account of death of her husband Saka Sabara, arising out of an accident. Taka alias Thokat Sabara, son of deceased Saka Sobara was also to receive the amount of compensation. The amounts were to be paid by the Asst. Labour Commissioner, Berhampur. It transpired that on the basis of false identification money was paid to a wrong person. Cognizance was taken of offences punishable Under Sections 419, 420 read with Section 34, IPC. Process was issued to the petitioner and three others.3. Petition...
Gopal Chandra Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-18-1994
Reported in: 1995(I)OLR313
G.B. Patnaik, J.1. The order of the Deputy Director non-Government Schools, Bhubaneswar, dated 18-9-1989, annexed as Annexure-4 allowing opposite party No. 5 to draw the trained graduate scale against the fourth trained graduate post of teacher and the consequential order of the Inspector of Schools Bolangir Circle dated 3-11-1990 in favour of opp. party No. 5 allowing him to draw the trained graduate scale of pay with effect from 23.8-1980 the date of his passing B. Ed. Examination, annexed as Annexure-5 are being assailed in this writ application by the petitioner, inter alia, on the ground that the petitioner being senior to opp. party No. 5 was entitled to be adjusted against fourth trained graduate post.2. The petitioner was appointed as an Assistant Teacher of Satyabadi Bidyapitha. an aided educational institution against a trained matric post on 1-7-1970. At that point of time he had passed the intermediate examination. When the petitioner was appointed as a teacher the Recruitm...
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