Orissa Court December 1996 Judgments
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Srikanta Padhy Vs. Prabasini Dixit @ Padhy
Court: Orissa
Decided on: Dec-20-1996
Reported in: II(1997)DMC205
R.K. Dash, J.1. The petitioner challenges the legality and correctness of the order of the Judge, Family Court, Cuttack, in a proceeding under Section 125, Cr. P.C. whereby he has been directed to pay maintenance to his wife, opposite party herein.2. It is not disputed that the petitioner had married the opposite party according to Hindu rites and customs and after marriage both had been leading a marital life for some time. According to the opposite party, after marriage the petitioner at the instigation of his parents demanded colour T.V., motor cycle and cash as dowry and the same having not been satisfied, started ill-treating her and even tried to do away with her whereupon she left for brother's house and has been residing there.3. The petitioner's case, on the other hand, is that the opposite party being a woman of easy virtue has been leading an immoral life, inasmuch as she having extra-marital relationship with her brother-in-law (sister's husband) left the mari- tal aboard o...
Srikanta Padhy Vs. Prabasini Dixit Alias Padhy
Court: Orissa
Decided on: Dec-20-1996
Reported in: 83(1997)CLT567; 1997(I)OLR156
R.K. Dash, J.1. The petitioner challenges the legality and correctness of the order of the Judge, Family Court, Cuttack, in a proceeding under Section 125, Cr P C whereby he has been directed to pay maintenance to his wife,opposite party herein.2. It is not disputed that the petitioner had married the opposite party according to Hindu rites and customs and after marriage both had been leading a marital life for some time. According to the opposite party, after marriage the petitioner at the instigation of his parents demanded colour T. V., motor cycle and cash as dowry and the same having not been satisfied, started ill-treating her and even tried to do away with her whereupon she left for her brother's house and has been residing there. 3. The petitioner's case, on the other hand, is that the opposite party being a woman of easy virtue has been leading an immoral life, inasmuch as she having extra-marital relationship with her brother-in-law (sister's husband) left the marital aboard ...
Basanta Kumar Baral and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-20-1996
Reported in: 83(1997)CLT477; 1997CriLJ2182
ORDERR.K. Dash, J.1. Petitioners (hereinafter referred to as 'the accused persons') by filing the present application have challenged the order of the learned Judicial Magistrate, First Class, Baramba, passed in G.R. Case No, 78 of 1990, whereby he has taken cognizance of the offence under Section 436, I.P.C. and issued summons for their appearance.2. Brief fads giving rise to the present proceeding may be stated thus :Kubere Majhi. opposite patty No. 2 (hereinafter referred to as 'the informant') lodged F.I.R. at Baramba Police Station alleging that the accused persons were inimically disposed towards him since last Panchayat election and in order to take revenge on him. they came in a body to his house a! about 1.40 in the night of 18/19-6-1990 being armed with lathis knives, rivolvers, etc., took away household articles and set fire to the house. They also assaulted and dragged him forcibly with intenion to throw him in the burning fire. It is further alleged that they while leaving...
Tushar Ranjan Sahu and 38 ors. Vs. Council of Higher Secondary Educati ...
Court: Orissa
Decided on: Dec-19-1996
Reported in: AIR1997Ori194; 1997(I)OLR182
Pasayat, J.1. Thirty-nine candidates, who appeared at the Annual +2 Science Examination of 1996 conducted by the Council of Higher Secondary Education, Orissa (in short, 'the Council') have assailed action of Council in directing cancellation of result so far as physics paper II is concerned, and award of 0 mark in respect of said paper to each candidate,2. By the impugned notification dt. 17-6-1996 the Council has notified cancellation of examination in respect of various papers in various sittings of different colleges. Petitioners appeared as candidates of Dadhipsuan College, Puromunju in the district of Kechjhar. The examination on 2-4-1996 in respect of Physics Paper II was held in the first sitting of the day. Examination Committee of Council took note of available records on the conduct of examination, and was of the view that the examination was not conducted as per the Rules of the Council. In exercise of the powers vested in the Examination Committee by the Orissa Higher Seco...
Smt. Jayanti Mohapatra and ors. Vs. Srimati Ashamani Debi and ors.
Court: Orissa
Decided on: Dec-19-1996
Reported in: 1997(I)OLR207
A. Pasayat, J.1. In this appeal under the Letters Patent, legal heirs of one Asma Chandra Mohapatra, who was defendant No. 2 in a suit for partition have assailed correctness of decision rendered by a learned Single Judge of this Court, who dismissed their appeal which was originally filed by Rama Chandra Mohapatra. Judgment and decree of learned Subordinate Judge, Puri in C. S. No. 105 of 1976 I decreeing the suit for partition and allotting 1/3rd share in favour of plaintiff-respondent No. 1 were subject-matter of challenge in this Court in First Appeal No. 212 of 1976.2. A brief reference to factual controversy and the respective stands of the parties would suffice.The suit property belonged to Lingaraj Mohapatra, who died in the year 1970 leaving behind his widow Fulla Dibya (defendant Mo. 2)and two daughters Shradhamani Devi(defendant No. 1) and Ashamani Devi (plaintiff). The suit was filed seeking partition of the suit property wherein plaintiff claimed 1/3rd share in her favour ...
Gopabandhu Biswal Vs. Chairman-cum-managing Director, Orissa Mining Co ...
Court: Orissa
Decided on: Dec-19-1996
Reported in: 1997(I)OLR235
1. Petitioner calls in question legality of order 0-4-1993 (Annexure-3) passed by the Chairman-com-Managing Director of the Orissa Mining Corporation Ltd. (hereinafter referred to; as 'Corporation') directing his reversion to the post of Senior Assistant.2. Challenge is made inter alia in the following background;Petitioner joined the Corporation as Lower Division Clerk in the year, 1974 and subsequently promoted as, Senior Assistant. On 8-7-1990 Departmental Promotion Committee (in short, 'DPC') was constituted to consider cases of employee's for promotion to the post of Junior Administrative Officer. At that point of time six vacancies existed. Procedure of promotion is laid down in The Orissa Mining Corporation Recruitment and Promotion Rules, 1976 (in short, 'Rules'). Rule 5(9)defines a 'Promotion Committee' to mean as follows: 5. ............. (g) 'Promotion Committee means any Promotion Committee constituted by the Board of Directors or by the Chairman for the purpose of selectin...
Pratap Kumar Mishra Vs. the Board of Secondary Education Represented T ...
Court: Orissa
Decided on: Dec-19-1996
Reported in: 1997(I)OLR240
A. Pasayat, J.1 This case presents an unusual feature. Normally students who appear, at various examinations come before Courts seeking declaration that they should be declared to have come out successful in the examination concerned. The case at hand is one where the petitioner seeks declaration that he had failed in the Annual High School Certificate Examination, 1996 conducted by the Board of Secondary Education, Orissa (hereinafter referred to as the 'Board')2. The factual position is almost undisputed Petitioner appeared at the examination which was conducted in the month of April, 1996. He appeared in Social Science Paper I in the second sitting held on 15-4-1996, and remained absent in; Mathematics Paper I held on 16-4-1996, Science Paper II held on 17-4-1996 and Social Science Paper II held on 18-4-1996. Priorto that he had appeared in Science Paper I and Mathematics Paper II. His case is that while appearing in the examination in the second sitting of Social Science Paper I on...
Kumari Saraswati Padhi and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-18-1996
Reported in: 83(1997)CLT163; 1997(I)OLR102
D.M. Patnaik, J.1. Petitioners seek direction for regularisation of their services and for fixing their pay on the basis of the principle of equal pay for equal work.2. Their case is, both joined as Typist-Cum-Junior Clerk on 89 days basis on daily wage of pay of Rs. 15/-. Petitioner No. 1 joined in the post on 26-7-1986 and petitioner No. 2 on 8-1-1990. Their such appointments were extended from time to time with fictional break with the sole purpose of retaining them as temporary employees. The petitioners claim that since their appointments were made against permanent vacancies, denial of absorption on regular basis is illegal.3. Opp. party No. 2 filed a counter controverting the averments that the petitioners were appointed against any regular vacancies. However, opp. party No. 2 admitted that both of them were temporarily engaged on daily wage basis on 26-7-1986 and 8-1-1990 respectively. It is further asserted that they were engaged on the basis of 'pick and choose' method to cop...
Dhananjaya Sahoo and anr. and Madhusudan Pani Vs. Managing Director, O ...
Court: Orissa
Decided on: Dec-18-1996
Reported in: 83(1997)CLT282; 1997(I)OLR175
S.N. Phukan, C.J. 1. By this common judgment and order, we propose to dispose of the aforesaid two writ petitions as the facts and the points of law involved in both of them are the same.2. Petitioner No. 1 in OJC 112/94 was appointed as a mate on NMR basis in the year 1981. He continued as such up to the year 1987. Thereafter, he was retrenched from service and was again appointed in the said post on 2-4-1991. Similarly, petitioner No. 2 worked as a Pump Operator under the opposite party-Corporation from 5-10-1981 to 8-6-1985 and then as Helper Grade- I from 22-7-1985 to 14-6-1987 on NMR basis. He was retrenched and was again appointed as Helper. According to the petitioners, though their counterparts in the regular establishment of the opposite party-Corporation were getting higher emoluments, they were denied the benefit. The petitioners have claimed equal pay and allowences as are available to their counterparts in the regular establishment. They have also made a prayer for regular...
Balia Women's College Vs. Council of Higher Secondary Education and Or ...
Court: Orissa
Decided on: Dec-17-1996
Reported in: 1997(I)OLR230
A. Pasayat, J. 1. Balia Women's College (hereinafter referred to as 'petitioner'), has prayed . for a direction to the Controller of Examinations Council of Higher SecondaryEducation! Orissa, Bhubaneswar (-in short, 'Council') to publish results of its students who had appeared at the Annual Higher Secondary Education, 1996 and to, further ., declare the. . candidates to have passed in the said examination.2. Grievance of petitioner in a nutshell is as follows :Petitioner institution was established during the year, 1991-92. Initially its students were appearing , at another centre as candidates Since 1994, its students were appearing as candidates at the College which was fixed as a centre. For the examination in question, one hundred seventy one candidates appeared as candidates of petitioner-institution. The flying squad appointed by the Council made a surprise visit on 4-3-1996 while second sitting of M. I. L. paper in respect of +2 (Articles) Examination was going on. The members ...
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