Orissa Court September 1995 Judgments
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Rajani Dei Vs. Chairman, Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Sep-20-1995
Reported in: 1996ACJ1146; 81(1996)CLT353
A. Pasayat, J.1. It is ironic in a State where power cuts and power failures are usual features, one Bhagata Mallik (hereinafter referred to as 'deceased') lost his life on account of electrocution. This application has been filed by Rajani Dei, unfortunate widow of the deceased, claiming compensation from the Orissa State Electricity Board (hereinafter referred to as 'Board').2. Background facts, almost undisputed, are as follow:On 21.5.1992, in the evening, the deceased was cultivating his agricultural lands at a distance of about half furlong to the southern side of Japa-Iribina main road. Suddenly an overhead electric wire snapped and came in contact with him resulting in his instantaneous death. An U.D. case was registered in Ersama Police Station. The Officer-in-charge of Ersama Police Station visited the spot, found the dead body of the deceased lying on the land and a live 11 K.V. electric line hanging over the land. Inquest could not be conducted immediately due to the dangero...
Utkal Automobiles Ltd. Vs. Presiding Officer, Industrial Tribunal and ...
Court: Orissa
Decided on: Sep-19-1995
Reported in: (1998)IIILLJ703Ori
D.P Mohapatra, A.C.J.1. The controversy raised in this case turns on the interpretation of Section 36 of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act'). The moot question for consideration is whether the Industrial Tribunal was right in rejecting permission sought by the petitioner-company to be represented through Shri Prafulla Kumar Mohanty.2, In the writ application the petitioner-company has prayed for quashing the order of the Tribunal dated September 26, 1994 (Annexure 1) rejecting the authorisation in Form 'C' executedin favour of Shri P.K. Mohanty. The reason for rejection is stated in the following terms:'Admittedly, Shri Mohanty is not falling within the category 'Officer' described in Section 36(2) of the I.D. Act. According to the ratio, as aforesaid, the management is legally competent to appear and participate in the proceeding through an authorised representative who may be an officer or employee working under it. In this case there is no eviden...
Raghunath Patnaik Vs. State Bank of India and ors.
Court: Orissa
Decided on: Sep-19-1995
Reported in: 81(1996)CLT55; (1997)IIILLJ107Ori
R.K. Dash. J.1. The petitioner by filing this writ application under Article 226 of the Constitution of India calls in question the legality of the order, Annexure-4 whereby he has been retired from service of the State Bank of India since February 28, 1990.2. Petitioner's case may shortly be stated thus: The petitioner was an officer in Middle Management Grade Scale-Ill of State Bank of India. He was officiating in the Senior Management Grade Scale-IV and at the time of being given voluntary retirement he was working as Branch Manager, Nawarangpur Branch in the district of Koraput. He had a good service career all through and his conduct was free from blemish. He served to the best satisfaction of his employer for which he was given excellent remarks in his personal file. Despite having such a good record he was denied promotion to the Senior Management Grade Scale-IV, whereas his juniors were promoted. Being denied of promotion he was completely demoralised and felt that hissincerity...
B. Deenanath Vs. Vice-chancellor, Berhampur University and ors.
Court: Orissa
Decided on: Sep-19-1995
Reported in: 81(1996)CLT58; 1995(II)OLR647
R.K. Dash, J. 1. The writ petitioner is a Junior Assistant in the office of the Berhampur University in the district of Ganjam. There was a selection test held by the University to fill tip sixteen, posts of Junior Assistant In which petitioner secured fourth position, whereas opposite parties 3 to 17 were placed below him. On receipt of the appointment order he joined his service on 11-4-1985. Previously the petitioner was serving as a salesman under Chatrapur Wholesale Cooperative Stores Ltd. The President of the said co-operative stores reported to the Registrar of the University alleging that during petitioner's salesmanship there being shortage of cash, to the tune of Rs. 28,113-80 p. a case had been initiated for realisation of the same. On being so informed, the Ragistrar called for an explanation vide Annexure-3 as to why his services will not be terminated. On receipt of such notice the petitioner submitted his reply explaining that he was not liable for the alleged shortage. ...
Utkal Automobiles Limited Vs. Presiding Officer, Industrial Tribunal a ...
Court: Orissa
Decided on: Sep-19-1995
Reported in: 1995(I)OLR108
D.P. Mohapatra, A.C.J. 1. The controversy raised in this case turns on the interpretation of Section 36 of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') The moot question for consideration is whether the Industrial Tribunal was right in rejecting permission sought by the petitioner-company to be represented through Shri Prafulla Kumar Mohanty.2. In the writ application the petitioner-company has prayed for quashing the order of the Tribunal dated 26-9-1994 (Annexure 1) rejecting the authorisation in Form 'C' executed in favour of Shri P. K. Mohanty. The reason for rejection is stated in the following terms:'Admittedly, Shri Mohanty is not falling within the category of 'Officer' described in Section 36(2) of the I.D. Act. According to the ratio, as aforesaid, the management is legally competent to appear and participate in the proceeding through an officer or employee working under it. in this case there is no evidence worth the name to show or suggest that S...
NaraIn Extractions Private Limited Vs. P.C. Mishra, Food Inspector
Court: Orissa
Decided on: Sep-18-1995
Reported in: 1996CriLJ736; 1995(II)OLR535
R.K. Patra, J. 1. By this application under Section 482 of the Code of Criminal Procedure the petitioner M/s. Narain Extractions Pvt. Ltd. seeks quashing of the proceedings in 2(c) C. C. No. 587 of 1993 pending against it in the Court of the Sub-divisional Judicial Magistrate, Cuttack.2. On 11-4-1991 at about 4 p. m. the Food Inspector (Food Ceil), Health Directorate, Bhubaneswar visited the business premises of Usha Traders, a wholesale grocer situated' at Malgbdown, Cuttack. At that time one Krupa Sankar Chaturvedi, Sales Manager, was conducting sale transaction of different edible oils and pulses. In course of inspection, the Food Inspector suspected the stock of mustard oil (Deepak Brand) to be adulterated. After disclosing his identity, he purchased 750 gms. of the said mustard oil on payment of price demanded by the Sales Manager. He divided the oil purchased by him into three equal parts and kept each part in a separate dry glass bottle. Each bottle was air-tightened to prevent ...
K. Nagabhusan Senapati Vs. State and anr.
Court: Orissa
Decided on: Sep-15-1995
Reported in: 1996CriLJ658; 1995(II)OLR543
A. Pasayat, J.1. Petitioner prays for exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') to quash proceedings in 2 (c) CC No. 4 of 1991 pending before the learned Special Judge-cum- Sessions Judge, Ganjam, Berhampur (in short, 'the Special Judge'). According to the petitioner framing of charge under Section 7 of the Essential Commodities Act, 1955 (in short, 'the Act') and continuance of the proceedings would be sheer abuse of process of Court.2. Foundation of such submission appears to be that in the proceedings under Section 6A of the Act it has been observed that articles seized did not belong to the petitioner, but belonged to some other persons who lodged claim and there has been a direction for release of articles in their favour in a writ application.3. According to Mr. Y. Das, learned counsel for petitioner there can be no dispute that proceedings under Sections 6A and 7 of the Act can co-exist and even where Collector did not dir...
Kailash Chandra Agarwala Vs. State
Court: Orissa
Decided on: Sep-14-1995
Reported in: 1995(II)OLR470
A. Pasayat, J. 1. Validity of order dated 15-7-1994 passed by the learned Special Judge, Sundargarh permitting continuance of investigation in terms of Section 167(5) of the Code of Criminal Procedure 1973 (in short, the Code') is the subject-matter of challenge.2. Briefly stated the factual background, which is almost undisputed, is as follows :Petitioner is arrayed as an accused in a caste under Section 7(1)(a) of the Essential Commodities Act, 1955 (in short, 'the Act') for alleged violation of Clauses 6 and 7 of the Orissa Rice and Paddy Control Order, 1965 (in short, 'the Control Order') and Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (in short, 'the Declaration Order'). The proceeding was registered as Vig. G. R. Case No. 18 of 1993 in the Court of Special Judge-cum-Sessions Judge, Sundargarh. Petitioner was arrested on 21-9-1993 and was produced before the learned Subdivisional Judicial Magistrate, Panposh (in short, 'the SDJM') a...
Kshetrabasi Sahoo Vs. Utkal University and anr.
Court: Orissa
Decided on: Sep-14-1995
Reported in: 81(1996)CLT122; 1996(I)OLR34
ORDER1. The present writ petition has been filed by ore Kshetrabasi Sahu praying inter alia :to direct the opp. party No. 2 to rectify the mark-sheet under Annexure-2 issued to the petitioner in the Final Degree ( B.A. Honours) Examination and also direct him to give/award marks in Paper-I of English in Pre-Degree Examination, i.e., 45 marks as has been secured by the petitioner as per Annexure-I, to direct the opposite parties to declare the result of the petitioner as 'passed' with Second Class Honours in English. 2. It is stated in details that the petitioner was a student of Final Degree of S.C.S. Morning College for the session 1991-94. He appeared in the Pre-Degree Examination in the year 1993 and secured 45 marks in English Paper-I. Copy of the mark sheet of Pre-Degree Examination is filed herewith as Annexure-1. The petitioner appeared for the Final Degree (8.A. Honours) Examination in the year 1994 and the result of the said Examination was declared on 22-8-1994. The Mark-she...
Pradipta Kumar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-1995
Reported in: 1996CriLJ375
ORDERR.K. Dash, J.1. Petitioner, accused in G. R. Case No. 3136 of 1985, was convicted for the offence under Section 381, IPC by the learned Judicial Magistrate, First Class, Cuttack, vide judgment dated 12-3-1992 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000/- in default to undergo rigorous imprisonment for further period of six months. Being aggrieved, he preferred Criminal Appeal No. 51 of 1992. Learned First Additional Sessions Judge, Cuttack, on reappreciation of the evidence upheld the conviction and sentence. It is against this judgment and order of the appellate court that the present revision is filed.2. Shorn of unnecessary details, the prosecution case unfurled during trial, is that the accused was an employee under Harekrishna Agrawalla, P.W. 2 Prior to the alleged incident that happened on 13-11-86. P.W.2 had kept huge amount of Rs. 67,000/- in the Godrej almirah of his office and taking advantage of his temporary absence the ac...
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