Skip to content

Orissa Court November 1996 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Nov 15 1996

Smt. Minati Kumari Mohapatra Vs. Utkal University and anr.

Court: Orissa

Decided on: Nov-15-1996

Reported in: 1997(I)OLR9

S. Chatterji, J. 1. The present writ application is at the instance of one Smt. Minati Kumari Mohapatra. She prays inter alia :'(i) issue a writ of mandamus directing the opposite parties to accept the application form of the petitioner with the documents and fees attached therewith;(ii) issue a writ of mandamus directing the opposite parties to allow the petitioner to appear in the final examination for B.Ed., 1995; and(iii) pass such other order or orders as may be deemed fit and proper.'2. The petitioner is aggrieved by the action of the opposite parties, i. e., Utkal University represented by the Vice-Chancellor and the Controller of Examinations, Utkal University, Vani Vihar illegally returning application form submitted by the petitioner for appearing in B.Ed. Final Examination, 1995 as non-collegiate (private) candidate through Utkal University and thereby depriving her from appearing at the said examination.3. It is stated in details that the petitioner filled up the forms to a...


Nov 14 1996

Smt. Chanchala SwaIn Vs. State of Orissa Represented by Secretary, Hom ...

Court: Orissa

Decided on: Nov-14-1996

Reported in: 84(1997)CLT86; 1997(I)OLR384

A. Pasayat, J. 1. In this petition for a Writ of habeas corpus under Article 226 of the Constitution of India, 19.0 (in short,'the Constitution'), Chanchala Swain, wife of Rabinarayan Swain, has moved to secure release of her husband, who was allegedly taken to custody by police officials in connivance with others.2. The prayer for release of Rabinarayan has bean on the following background:One Bijay Kumar Bal. nephew of Rabinarayan fell in love with the daughter of Harekrushna Nayak (opp. party No. 7). Both the girl and the boy left their village and went to Rajgangpur where Rabinarayan was serving as a teacher in Model Upper Primary School, in which Sudhir Kumar Moharana (opp party No. 10) is the Headmaster. After staying in the house of Rabinarayan for nearly one month, Bijay and the girl left for Burdwan. Akshaya Kumar Behera, A.S.I, of Police, Kudanagiri Out Post (opp. party No. 5), Nimain Charan Rout Constable of the said Out Post (opp. party No. 6) and Harekrushna Nayak, father ...


Nov 14 1996

Susanta Kumar Kar Vs. Registrar (Judicial), Orissa High Court

Court: Orissa

Decided on: Nov-14-1996

Reported in: 83(1997)CLT335; 1997(I)OLR463

A. Pasayat, J. 1. Petitioner has prayed for a direction to the Registrar (Judicial) of this Court to accept applications submitted directly in this Court to be considered for appointment as Junior Assistant in the establishment of the Court. It is stated that insistence is being made on the names being sponsored by Employment Exchanges of the State keeping out of consideration applications made directly.2. Rule 6 of the Orissa High Court (Appointment of Staff) Rules, 1 63 (in short,'the Rules') is characterised by petitioner to be unreasonable and arbitrary. Reliance Is also placed on the Resolution of the Government of Orissa, Labour and Employment Department dated 7th February, 1990 stating that the need for compulsory sponsoring arrangement by Employment Exchanges in the State in regard to relevant vacancies under the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (in short, 'the Act') has undergone amendment and there is no need for the name being sponsored t...


Nov 13 1996

Prasanna Kumar Patasani Vs. Janaki Ballav Pattnaik

Court: Orissa

Decided on: Nov-13-1996

Reported in: AIR1997Ori115

ORDERR.K. Dash, J. 1. This order disposes of two petitions -- one filed by the petitioner for amendment of his pleadings, which is registered as Misc. Case No. 4 of 1996 and the second by the respondent to strike off certain paragraphs of the petitioner's pleadings as irrelevant, which is registered as Misc. Case No. 15 of 1996. Earlier to the filing of Misc. Case No. 15 of 1996, the respondent had filed a similar petition which was registered as Misc. Case No. 94 of 1995, but since the said petition was not signed and verified by the respondent himself, he filed another petition. For the sake of convenience I shall first take up petitioner's case regarding amendment of his pleadings. 2. The petitioner has challenged the respondent's election to the Orissa Legislative Assembly on the ground of corrupt practice under Section 100(1)(b) of the Representation of the People Act, 1951 (for short, 'the Act'). By filing the present petition for amendment he seeks to amplify the particulars of ...


Nov 12 1996

Smt. Nirmala Kumari Lal Vs. State of Orissa and ors.

Court: Orissa

Decided on: Nov-12-1996

Reported in: AIR1997Ori169; 83(1997)CLT303

P.K. Mohanty, J.1. The petitioner assails the memorandum of the Finance Department. Government or Orissa, fixing a cut off dale 19-10-83 for eligibility to gram a Green Card and the benefits and incentives thereunder. Prayer is made for quashing Clause (j) of Annexure 4 of the memorandum and for a direction to issue a Green Card in her favour.2. The petitioner's case is that she is serving as a Sister Tutor in the A.R.M. training centre. Phulbani since 1-3-85 and married to one Jugal Kishore Barik on 28-12-74, who is serving as a P.E.T. in Government High School, Rampatuli in the district of Phulbani. It is the case of the petitioner that out of their wed-lock they have two issues, a daughter horn in 14-6-76 and a son on 27-7-78 and after the second issue, she being aware of the population growth and in order to have a small family of their own for uplifiment of their economical development and having known the family planning welfare adopted by the Government of India, she had undergo...


Nov 12 1996

Magnetix (India) Ltd. Vs. Supdt. of C. Ex. and Cus.

Court: Orissa

Decided on: Nov-12-1996

Reported in: 2003(159)ELT73(Ori)

ORDERP.C. Naik, J.1. The petitioner is a public limited company registered under the Indian Companies Act 1956. During the course of its business, it imported from West Germany 10 metric tons of Barium Carbonate and 3 metric ton of Strontium Carbonate, which are essential raw materials required for the manufacture of Hard Ferrites - a product the Company manufactures. The goods arrived at Calcutta Air Port on 27-12-90 and were stored in the Bonded Ware House at Calcutta on 16-1-91. Thereafter, on the basis of the application filed by the petitioner, the goods were transferred to the Central Warehousing Corporation Bonded Ware House at Bhubaneswar on 20-2-91. Subsequent to the import, the petitioner, on 3-6-91 applied to the appropriate authority for grant of Customs Duty Exemption Entitlement Certificate (D.E.E.C), which was granted on 31-3-92. After obtaining this certificate, the petitioner moved opposite party No. 1 for clearing the bonded goods from Customs Ware House, Bhubaneswar ...


Nov 12 1996

Ganesh Prasad Das Vs. Tahasildar and ors.

Court: Orissa

Decided on: Nov-12-1996

Reported in: 1997(I)OLR13

P.K. Misra, J. 1. In this writ application, the petitioner Chalf-enges the correctness of the order dated 18-11-1895 passed by the Tahasildar, Dhamnagar, in Misc. Case No. 368/87 which had been initiated under Rule 34 (e) of the Orissa Survey and Settlement Rules, 1962 (hereinafter called the 'Rules'). The Tahasildar refused to correct the record-of-rights in respect of plot Nos. 1944 and 1945 in M. S. Khata No. 1057 on the ground that the application strictly did not come within the purview of the Tahasildar under Rule 34 (e).2. Rule 34 which is contained in Chapter-IV of the Rules relates to question of maintenance of record-of-rights arid map. Chapter-IV of the Rules' derive sustenance from Section 16 of the Orissa Survey and Settlement Act, 1958 (hereinafter called the 'Act'). Fop convenience, Section 16 is extracted hereunder :'16. Maintenance of record-In order to keep the map and the record-of-rights up-to-date the same shall be maintained in accordance with such rules as may be...


Nov 12 1996

Jagatram Magar Vs. the State

Court: Orissa

Decided on: Nov-12-1996

Reported in: 1997(1)ALT(Cri)7; 83(1997)CLT104; 1997CriLJ1396

P.K. Mohanty, J.1. This is an appeal from jail by the convict under Section 302, I.P.C. undergoing sentence of life imprisonment by the Additional Sessions Judge, Sambalpur in Sessions Trial No. 26/9 of 1991.2. Prosecution case, in brief, is that on 2-6-1960 at about 9.00 a.m. while Chanashyam Majhi (P.W. 1) the brother of the deceased Abhiram was doing carpentry work in the house of his uncle Thaku Majhi of village -Turki Niktimal, Bipin, Sual, the brother-in-law of the deceased informed that his brother was killed by accused Jagatram Magar by means of an axe. P.W. 1 rushed to the spot along with his uncle and found his brother dead with injuries on his person. P.W. 1 came to the village and related the incident to one Susanta Patel and then came to the Police Station in his scooter and reported the incident orally, which was reduced to writing by the officer-in-charge, Mahulapali Police Station and registered P.S. Case No. 27 of 1990 under Section 302, I.P.C. On examination of the in...


Nov 08 1996

N.K. Chemicals and Industries Vs. Asstt. Collector of Central Excise

Court: Orissa

Decided on: Nov-08-1996

Reported in: 2003(155)ELT245(Ori)

ORDERDipak Misra, J.1. In this writ application the petitioners call in question the validity of the impugned demand notice dated 21-5-1991 issued by the Superintendent, Central Excise and Customs, Bargarh Range, Bargarh (opposite party No. 2), as well as the legality of the order dated 20-1-1992 passed by the Assistant Collector, Central Excise and Customs, Sambalpur Division, Sambalpur, (opposite party No. 1).2. The facts giving rise to the present writ application may be shortly stated :-3. Petitioner No. 1, a registered partnership firm engaged in manufacture of washing powder having brand name 'Naya Kiran' and 'Nilma' cleaning powder with effect from 8-2-1990 had submitted a classification list on 8-2-1990 claiming classification of its products under sub-heading No. 3401.10 under Chapter Heading/sub-heading 34.01 under Chapter 34 having rate of Duty Basic 5% ad valorem, and special 50% under Notification No. 175/86-C.E., dated 1-3-1986 as amended from time to time read with Notif...


Nov 05 1996

State of Orissa Vs. BipIn Behera

Court: Orissa

Decided on: Nov-05-1996

Reported in: 83(1997)CLT177; 1997(I)OLR17

C.R. Pal, J. 1. In this petition under Section 439(2), Cr PC the State has sought for cancellation of bail granted to the opposite party by the learned Sessions Judge, Sundargarh in S. T. No. 242/3 of 1995-96 arising out of G.R. Case No. 973 of 1995, of the Court of Subdivisional Judicial Magistrate, Panposh.The facts which give rise to the filing of the aforesaid petition are as follows. Engineer Subrata Das, an employee of Rourkela Steel Plant was residing in Qrs. No. E/90, S/4 alongwith his wife Manasi Das and their daughter Ankita Das. The opposite party who is a native of the locality of the parents of Manasi was also residing with them as a domestic servant since 1990. On 11-7-1995 Subrata Das left Rourkela for Bhubaneswar in connection with certain work. It is alleged that taking advantage of his absence from his house the opposite party on 12-7-1995 in between 7. 15 p.m. and 7. 30 p. m. strangulated Manasi Das to death by means of a cable and when Ankita came to that room and s...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial