Orissa Court September 1994 Judgments
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Goura Mohan Giri and anr. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-16-1994
Reported in: AIR1995Ori158
R.K. Patra, J.1. Petitioner No. 2 is the wife of petitioner No. 1. In this writ petition under Articles 226 and 227 of the Constitution of India, they challenge the legality of the eviction order at Annexure 6 passed by the Estate Officer, opposite party No. 3 affirmed in appeal by the District Judge, opposite party No. 4 as per the order at Annexure 7.2. Petitioner No. 1 while in employment was permitted by his employer Steel Authority of India Limited, Rourkela Steel Plant to occupy quarters No. A/94-JBR (previous No. Qr. 34, Type-VIII) in Sector 5, Rourkela. He came to occupy the said quarters from 8-9-1959. After his retirement from service on 31-8-1984, he was permitted to occupy it for a grace period of two months and after expiry of the said two months, permission granted to occupy the quarters was revoked. As he did not vacate, the employer directed him to vacate the premises by registered notice dt. 2-1-1985 which did not yield any result. The employer consequently treated pet...
Janardan Panda Vs. Regional Transport Authority, Puri and ors.
Court: Orissa
Decided on: Sep-16-1994
Reported in: AIR1995Ori143; 78(1994)CLT994
G.B. Patnaik, J.1. The question that arises for consideration in this writ application is whether while limiting the grant of stage-carriage permits to any individual to 'five' under Sub-section (4) of Section 71 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'), the temporary permits granted to such individual underSection 87 of the Act can also be taken into account.2. The Transport Commissioner-cum-Chairman, State Transport Authority, has issued a Circular to all the Regional Transport Officers on 22-8-1991, annexed as An-nexure-1, indicating therein the procedure to be adopted while applications for stage-carriage permits are disposed of and it has been further indicated therein that when an applicant approaches the registering authority for a letter before applying for a temporary permit to the S.T.A., the registering authority should issue the letter indicating the number of permits, temporary or permanent, held by him in order to compute the total number of ...
Smt. Namita Dhal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-16-1994
Reported in: 78(1994)CLT1024; 1994(II)OLR550
G.B. Pattnaik, J.1. The petitioner who was serving as a Hindi Teacher of Sinapalli High School, an aided educational institution, having been prevented by the Managing Committee to discharge her duties notwithstanding the order of the Inspector of Schools and having failed in her attempts to get the relief from the educational authority has finally approached this Court- It is alieged that she was serving, as a Hindi Teacher of Niljee High School under Kalahandi Education Circle for the period from 1-10-1931 to 16-1-1985'as per Annexure 2 and thereupon she-was appointed on ad hoc basis for a spell of 8a days on 17-1-1935 in Sinapalli High School. Her ad hoc appointment on 89 days basis continued till '-12-1989 on which date she applied for a fortnight's leave on account of her marriage. The petitioner's application for leave has been annexed as Annexure-3. While en leave she extended her leave up to 31 -12-1989 as per Ann.exure-4. While she was about to go to the school for joining her...
Biswanath Bhagat Vs. Ramanandalal and After Him Bimala Devi and ors.
Court: Orissa
Decided on: Sep-15-1994
Reported in: AIR1995Ori95; 1995(I)OLR132
Nanavati, C.J.1. Divergent opinions expressed by this Court on the question whether a proceeding for eviction is maintainable before the House Rent Controller, even after the Orissa House Rent Control Act, 1967 (for short, 'the Act') ceased to be in force, has made it necessary for this larger Bench to consider that question. The Uma-kant Pradhan v. S.D.J.M.-cum-House Rent Controller, 69 (1990) CIT 207, this Court held that the House Rent Contoller would have no jurisdiction to entertain a proceeding for eviction initiated after the expiry of the Act. The reasons given for taking that View of are that under Section 1(4) of the Act read with Section 5 of the Orissa General Clauses Act what is saved in an acquired or accrued right and not a mere possibility of acquiring a right; that the right which the landlord gets under Section 7 of the Act, either because of default in payment of rent or on any other ground for eviction mentioned therein is merely a right to approach the House Rent C...
Dayanidhi Mallik and anr. Vs. State
Court: Orissa
Decided on: Sep-15-1994
Reported in: 1995CriLJ1331; 1995(I)OLR246
K.L. Issrani, J.1. The present revision petition has been filed by the petitioners against the judgment and order dated 18th July, 1992 passed by the Additional Sessions Judge, Baiasore arising out of the judgment and order dated 21-10-1989 passed by Sri S. C. Rath, JMFC, Balasore in 2 (c) CC 21/83 convicting the petitioners under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (for short 'the Act'), The submission of the learned counsel for the petitioners is that in this case, other two accused persons-Kamalakanta Sahoo and Abhiram Mallik were acquitted but the present petitioners were found guilty and sentenced to undergo R. I. for one year. 2. The case of the petitioners is not different from the one who ware acquitted. The further submission is that property seized were not seized from the possession of the petitioners but were seized from water. It cannot be said that the petitioners were in possession of the same. The prosecution has also the knowledge of th...
Radha Ballava SwaIn Vs. State
Court: Orissa
Decided on: Sep-14-1994
Reported in: 1994(II)OLR459
K.L. Issrani, J.1. In the present revision petition, a preliminary legal point has been raised by the learned counsel for the petitioner that in this case on 17.11-1885 soma quantity of opium was said to have been seized from the possession of the petitioner and he was prosecuted and convicted Under Sections 9(a) of the Opium Act though in fact the provisions of the Opiurn Act stood repealed after coming into force of the Narcotic Drugs and Psychotropic Substances Act, 1986 (for short, 'N.D.P.S. Act, 1985') with effect from 14-11 -1985 as per Notification No. S.0. 821 (E) dated 14th November, 1985. The learned counsel for the petitioner places reliance on 1993 (II) OLR 591 (State of Orissa v. Hari Behera and Anr.) which was on a reference Under Section 395 Cr PC to decide :'(i) Can the Officers of the Excise Department submit PR under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 without the authority of the State Government ?(ii) Can the action taken in th...
Punia Biswal Vs. Divisional Forest Officer, Rairakhol Division and anr ...
Court: Orissa
Decided on: Sep-14-1994
Reported in: 78(1994)CLT1003; 1994(II)OLR573
G.B. Pattnaik, J.1. The order of the Divisional Forest Officer dated 14-9-1990, annexed as Annaxure-4, is being impugned by the petitioner, inter alia, on the ground that the Divisional Forest Officer is not entitled to raise the demand of Rs. 1,45,124.32 particularly when at all stages the petitioner has approached the forest authorities and cut the trees only after the demarcation being made and the petitioner having been permitted to cut the same.2. The petitioner's case, in brief, is that after he purchased the disputed trees from the raiyats in April, 1980, he approached the Divisional Forest Officer requesting him to have a joint verification which is necessary prior to issue of Timber Transit Permit. On.5-6-1980, the Divisional Forest Officer directed to Revenue Officer to take steps for joint verification, The petitioner again wrote to the Divisional Forest Officer on 29-10-1980 to direct the Office Amin for demarcation on 1 11-1980. On 1-11-19*0, the joint demarcation was done...
Kela Khatua Vs. Baidhar Khatua and ors.
Court: Orissa
Decided on: Sep-13-1994
Reported in: 1994(II)OLR555
K.L. Issrani, J.1. By this petition, the petitioner challenges the legality and validity of the order dated 12-8-1992 passed by the Executive Magistrate, Anandapur, in Criminal Misc. Case No. 46 of 1992 dropping the proceedings Under Section 145 of the Code of Criminal Procedure as being not maintainable and rejecting his application Under Section 146(1). Cr PC for attachment of the disputed land.2. Submission of the learned counsel for the petitioner is that in view of the admitted position that no interim arrangement whatsoever has been made by the competent Civil Court pertaining to the subject-matter of the dispute, the action of the learned Magistrate in dropping the proceeding is per se illegal.3. The petitioner before this Court was the first party before the Executive Magistrate in the proceedings Under Section 145. Cr PC. The second party filed an objection to the maintainability of the proceedings Under Section 145, Cr PC on the ground that the disputed land is the joint fami...
Divisional Manager, New India Assurance Co. Ltd. Vs. Kulamani Behara a ...
Court: Orissa
Decided on: Sep-12-1994
Reported in: (1996)IIILLJ1068Ori
D.N. Patnaik, J. 1. In this appeal the New India Assurance Co. Ltd.assails the order of the learned Commissioner underWorkmen's Compensation Act, Cuttack awarding Rs. 29,693.29 paise as compensation to the responent No. 1 - claimant. 2. The case of parties is that the claimant (PW1) at the relevant time was working as Coolie under respondent No. 2 in his truck ORY 532. This truck met with an accident on November 2, 1989 at 101 p.m. near the Kantigadia Octroi gate as a result of which the claimant sustained fracture of right hand, head injury and other bodily injuries. The learned Commissioner accepted the evidence of the claimant and that of the doctor and held that the injuries so sustained by the claimant was, and arose, during course of his employment under the respondent No. 2 and accordingly awarded compensation aforesaid which is assailed in the Court.3. Mr. Basu, learned Counsel for the appellant, strenuously urged, firstly that the learned Commissioner committed an error in acc...
The Divisional Manager, New India Assurance Company Ltd. Vs. Kulamani ...
Court: Orissa
Decided on: Sep-12-1994
Reported in: 1994(II)OLR453
D.M. Patnaik, J.1. In this appeal the New India Assurance Co. Ltd. assails the order of the learned Commissioner under Workmen's Compensation Act, Cuttack awarding Rs. 29,693.25 paise as compensation to the respondent No. 1-claimant.2. The case of the parties is that the claimant (PW 1) at the relevant time was working as Coolie under respondent No. 2 in his truck ORY 532. This truck met with an accident on 2-11-1989 at 10 P.M. near the Kantigadia Octroi gate as a result of which the claimant sustained fracture of right hand, head injury and other bodily injuries. The learned Commissioner accepted the evidence of the claimant and that of the doctor and held that the injuries so sustained by the claimant was, and arose, during Course of his employment under the respondent No. 2 and accordingly awarded compensation aforesaid which is assailed in this Court.3. Mr. Basu, learned counsel for the appellant, strenuously urged, firstly that the learned Commissioner committed an error in- accep...
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