Orissa Court October 1995 Judgments
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Durga Madhab Behera Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-1995
Reported in: 1996(1)ALT(Cri)11; 81(1996)CLT170; 1996CriLJ1261; 1996(I)OLR43
R.K. Dash, J. 1. The petitioner (hereinafter referred to as the accused') stood prosecuted under Section 16(1)(a) (i) and (ii) of the Prevention of Food Adulteration Act, 1954 (in short, 'the Act') for allegedly dealing in food articles without any valid licence as required under Rule 50 of the Prevention of Food Adulteration Rules, 1955 (in short, 'the Rules') and for his having exposed adulterated 'Arhar dal' for sale for human consumption. The learned SDJM, Titilagarh who tried the case, came to hold that the accused was selling adulterated 'Arhar dal' without any licence and consequently convicted and sentenced him to suffer imprisonment for six months and to pay a fine of Rs. 500/-, in default to suffer further imprisonment for one month.2. Aggrieved by the aforesaid conviction and sentence, the accused approached the appellate Court and the learned Additional Sessions Judge, Titilagarh on evaluation of the evidence, maintained the lower Court's findings and dismissed the appeal. ...
Maleswari Devi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-1995
Reported in: 1996(I)OLR202
D.P. Mohapatra, A.C.J. 1. The core question involved in ?nis case related to determination of inter se seniority of the petitioner Smt. Maleswari Devi and Smt. Bhanumati Acharya and Jyotsna Rani Mohapatra (opp. parties 5 and 6 respectively) as trained graduate teachers. The petitioner has prayed for a declaration that she is senior to opp. parties 5 and 6; to revise the gradation list of trained graduate teachers (Annexure-2); and to issue a direction to the opp. parties to appoint her as Headmistress of Rambha Girls' High School, which is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969. The State of Orissa represented by the Secretary, Education and Youth Services Department; the Director of Secondary Education, Orissa; the Circle Inspector of Schools, Ganjam Circle, Berhampur, and the Secretary, Managing Committee, Rambha Girls' High School are the other opp. parties in the case.2. The case of the petitioner, shorn of unnecessary...
Union of India (Uoi) and anr. Vs. Rasik Munda and ors.
Court: Orissa
Decided on: Oct-25-1995
Reported in: (1997)IIILLJ655Ori
D.P. Mohapatra, J.1. The core questions that arise for decision in these appeals are whether in the facts and circumstances of the case, the appellants can be held liable for payment of compensation to the injured and deceased workmen and whether they are entitled to be indemnified by the contractor for the compensation paid.2. Union of India represented by the General Manager, South Eastern Railway, Calcutta, and the Divisional Railway Manager, Khurda Road Division, South Eastern Railway, Khurda, have filed these appeals under Section 30(1)(a) of the Workmen's Compensation Act, 1923 (for short, 'the Act') assailing the orders passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack (for short, 'the Commissioner') awarding compensation in favour of the claimants and holding the appellants liable to pay the same. In some appeals the appellants have also challenged the orders of the Commissioner levying penalty and interest for default in payment o...
Krushna Chandra Mudull Vs. Brundaban Chandra Deb and anr.
Court: Orissa
Decided on: Oct-25-1995
Reported in: 1996(I)OLR38
D.P. Mohapatra, J.1. The decree-holder has filed this application under Section 115 of the Code of Civil Procedure ('CPC' for short) challenging the order passed by the learned Munsif, Puri on 14-8-1991 holding that the decree under execution is not executable. The order was passed on the application filed by the judgment-debtor-opp. parties under Section 47, CPC which was registered as Misc. Case No. 401 of 1990.2. The factual position of the case relevant for the purpose of this proceeding may be stated thus :A. O. 03 decimals of land in plot No. 399 and A. O. 02 decimals in plot No. 400 originally belonged to one Anarida Bhoi. In 1914 the judgment-debtors purchased the said land under a registered sale deed. On 27-6-1922 they leased out the land in favour of one Shyama Das for five years for residential purpose and on 10-6-1930 executed another lease deed in his favour for 15 years for the same purpose. Shyama Das constructed a thatched house on the land and resided there. After his...
Union of India (Uoi) and anr. Vs. Saraswati Mahunta and ors.
Court: Orissa
Decided on: Oct-25-1995
Reported in: 1997ACJ987
D.P. Mohapatra, J.1. The core questions that arise for decision in these appeals are whether in the facts and circumstances of the case, the appellants can be held liable for payment of compensation to the injured and deceased workmen and whether they are entitled to be indemnified by the contractor for the compensation paid.2. Union of India represented by the General Manager, South Eastern Railway, Calcutta and the Divisional Railway Manager, Khurda Road Division, South Eastern Railway, Khurda, have filed these appeals under Section 30(1)(a) of the Workmen's Compensation Act, 1923 (for short, 'the Act') assailing the orders passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack (for short, 'the Commissioner') awarding compensation in favour of the claimants and holding the appellants liable to pay the same. In some appeals the appellants have also challenged the orders of the Commissioner levying penalty and interest for default in payment of...
Bishnu Priya Bhoi and ors. and Secretary, District Bar Association Vs. ...
Court: Orissa
Decided on: Oct-20-1995
Reported in: 1996CriLJ1923; 1996(I)OLR21
R.K. Dash, J. 1. These two writ petitions arise out of one incident and therefore, this common Judgment is passed which will govern both the cases.2. One telegram purported to have been sent by some Advocates of Sambalpur praying for necessary action against those police personnel responsible for the death of one Bijay Choudhury in Sadar Police Station, Sambalpur on 3-5-1995 was received by this Court and was registered as OJC No. 3027 of 1995. For the self-same incident, Secretary, District Bar Association, Sambalpur, addressed another letter stating, inter alia, that some shop-keepers of the Court area reported the Bar Members that one Bijay Kumar Choudhury, a betel shop owner, was beaten to death by the officers of Sambalpur Police Station. An emergent general body meeting of the association was convened where it was resolved to bring the matter to the notice of the Supreme Court, Human Rights Commission, High Court of Orissa and also the Chief Minister for taking appropriate action...
Govinda Ch. Patra Vs. Chairman (Mayor), Cuttack Municipal Corporation ...
Court: Orissa
Decided on: Oct-20-1995
Reported in: 1995(II)OLR574
R.K. Dash, J. 1. 'Cuttack' which is popularly know as 'Cilver City' of the State has lost its past glory. Blame should go to the public officials in the helm of administration and overall charge of Cuttack Municipal Corporation who by their inaction and indifference have converted the glorious town to cattle sheds. We are constrained to say so because this Court's directions in OJC No. 3176 of 1988 (Madhabananda Pal v. Executive Officer and Ors.), decided on 13th April, 1994, have not been implemented in letter and spirit. In the said case a public spirited person knocked the door of this Court praying for a direction to the Municipal authorities to take appropriate steps to remove the stray bulls, cows and dogs from the public roads within the limit of Cuttack Municipal Corporation. Upon hearing the parties, the writ application was disposed of with the following directions :(i) A committee be formed with the Revenue Divisional Commissioner, Cuttack, as its Chairman and in the said Co...
Kartikeswar Nayak Vs. State
Court: Orissa
Decided on: Oct-20-1995
Reported in: 81(1996)CLT185; 1996CriLJ2253; 1996(I)OLR62
R.K. Dash, J. 1. Kartikeswar Nayak, petitioner herein, was the Branch Post Master of Ratapat Branch Post Office. He was prosecuted for offence under Sections 409 and 468, IPC. The learned Magistrate, First Class, Baramba, who tried the case held the petitioner guilty of both the offences and consequently convicted and sentenced him to suffer rigorous Imprisonment for two years and to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for six months for the offence under Section 409 and rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default to suffer rigorous imprisonment for one month for the offence under Section 468, IPC. Both the sentences were ordered to run concurrently. Against the order of conviction and sentence the petitioner appealed to the Sessions Judge. The learned Second Additional Sessions Judge, Cuttack, who heard the appeal agreed with the findings and conclusion of the trial Court as regards offences under Section 40...
Shri Umashankar Rath Vs. Director General-cum-lnspector General of Pol ...
Court: Orissa
Decided on: Oct-20-1995
Reported in: 1995(II)OLR587
R.K. Dash, J. 1. A short but interesting question that arises for consideration is whether the Director General of Police, Vigilance, Cuttack, has power under Section 102 of the Code of Criminal Procedure, 1973 to freeze the accounts of the petitioner and his family members in verious banks while investigating the case under the Prevention of Corruption Act initiatated against the petitioner.2. Undisputed factual position giving rise to the present proceeding may briefly be stated thus:The petitioner is an officer in the rank of Superintending Engineer (Electrical). He has two Savings Bank accounts one in the Syndicate Bank, Balasore and the other in the State Bank of Travancore Nayapali (IRC), Bhubaneswar. His wife Alka Rath and two sons Ansuman Rath and Sanchinshankar Rath have separate Savings Bank accounts in their names in the State Bank of Travancore, Nayapali (IRC), Bhubaneswar and Bank of India, Naya Sarak, Cuttack. Vigilance case has been initiated against the petitioner under...
Asit Kumar Nayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-19-1995
Reported in: AIR1996Ori128; 81(1996)CLT209; 1996(I)OLR52
A. Pasayat, J.1. Petitioner challenges legality of the action taken by the Tahasildar, G. Udayagiri (opposite party No. 2) in cancelling the caste certificate issued to the petitioner under the Orissa Caste Certificate (for Scheduled Caste and Scheduled Tribe) Rules, 1980 (in short 'Rules') in R.M.C. No. 1234 of 1989 dated 19-10-1989. From the impugned order dated 26-9-94 we find that onthe basis of certain allegations received, stating that the actual caste of the petitioner, was not Gond an inquiry was conducted by the Tahasildar and relying on certain social relationships as revealed from the statements of certain persons, caste of the petitioner was taken to be 'Guna' which is a general caste and not 'Gond' which is relatable to Scheduled Tribe. According to Mr. P. Palit, learned counsel for the petitioner, the petitioner was not afforded adequate opportunity to present his case before cancellation of the certificate.2. Pursuant to the direction given by this Court, the records of ...
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